HomeMy WebLinkAboutPart 500.Supplemental Regulations.Land Use Code.1999Part 500 — Supplemental Regulations
Part 500
PART 500 - SUPPLEMENTARY REGULATIONS
26.510 SIGNS
26.510.010
Purpose.
26.510.020
Applicability and scope.
26.510.030
Procedure for sign permit approval.
26.510.040
Prohibited signs:
26.510.050
Sign measurement.
26.510.060
Sign setback.
26.510.070
Sign illumination.
26.510.080
Sign lettering, logos and graphic designs.
26.510.090
Structural characteristics.
26.510.100
Nonconforming signs.
26.510.110
Signs on public right-of-way.
26.510.120
Temporary signs.
26.510.130
Zone district sign restrictions.
26.515 OFF-STREET PARKING
26.515.010 General provisions.
26.515.020 Characteristics of off-street parking spaces and access to street or alley.
26.515.030 Required number of off-street parking spaces.
26.520 AFFORDABLE HOUSING AND ACCESSORY DWELLING UNITS
26.520.010 Purpose.
26.520.020 Standards for Affordable Housing.
26.520.030 Development in affordable housing/planned unit development (AH/PUD) zone
district.
26.520.040 Accessory dwelling units.
20.530 RESIDENT MULTI -FAMILY REPLACEMENT PROGRAM
20.530.010 Purpose and intent.
20.530.020 Application of title.
20.530.030 Certificate of compliance/exemption.
20.530.040 Housing replacement requirements.
20.530.050 Rental and resale restrictions.
20.530.060 Enforcement.
26.575 MISCELLANEOUS SUPPLEMENTARY REGULATIONS
26.575.010 General.
26.575.020 Calculations and measurements.
26.575.030 Open space.
26.575.040 Yards.
26.575.050 Fences.
26.575.060 Utility/trash service areas.
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Part 500
26.575.070
Use square footage limitations.
26.575.080
Child care center or home.
26.575.090
Home occupations.
26.575.100
Landscape maintenance.
26.575.110
Building envelopes.
26.575.120
'Satellite dishes.
26.575.130
Wireless Telecommunications.
26.575.140
Accessory Uses and Accessory structures.
26.575.150
Kitchens in lodge units.
26.575.160
Dormitory.
26.575.170
Fuel storage tanks.
26.575.180
Restaurant.
26.575.190
Fanners' Market.
26.575.200
Group Homes.
26.580 ENGINEERING DEPARTMENT REGULATIONS
26.580.010 Purpose.
26.580.020 Subdivisions.
26.590 TIMESHARES
26.590.010 Timeshares.
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Part 500 — Supplemental Regulations
Section 26.510.010
Chapter 26.510
SIGNS
Sections:
26.510.010
Purpose.
26.510.020
Applicability and scope.
26.510.030
Procedure for sign permit approval.
26.510.040
Prohibited signs.
26.510.050
Sign measurement.
26.510.060
Sign setback.
26.510.070
Sign illumination.
26.510.080
Sign lettering, logos and graphic designs.
26.510.090
Structural characteristics.
26.510.100
Nonconforming signs.
26.510.110
Signs on public right-of-way.
26.510.120
Temporary signs.
26.510.130
Zone district sign restrictions.
26.510.010 Purpose.
The purpose of this Chapter is to promote the public health, safety and welfare through a
comprehensive system of reasonable, effective, consistent, content -neutral, and nondiscriminatory
Sign standards and requirements.
Toward this end, the City Council finds that the City of Aspen is an historic mountain resort
community that has traditionally depended on a tourist economy. Tourists, in part, are attracted to the
visual quality and character of the city. Signage has a significant impact on the visual character and
quality of the city.
The proliferation of signs in the city would result in visual blight and unattractiveness and
would convey an image that is inconsistent with a high quality resort environment. Effective sign
control has preserved and enhanced the visual character of other resort communities in Colorado and
other states. The City of Aspen must compete with many other Colorado, national and international
resort communities for tourism opportunities.
In order to preserve the City 'of Aspen as a desirable community to live, vacation and conduct
business, a pleasing, visually attractive environment is of foremost importance.
These sign regulations are intended to:
A. Preserve and maintain the City of Aspen as a pleasing, visually attractive environment.
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Section 26.510.010
B. Promote and accomplish the goals, policies and objectives of the Aspen Area
Comprehensive Plan.
C. Enhance the attractiveness and economic well-being of the City of Aspen as a place to live,
vacation and conduct business.
D. Address community needs relating to upgrading the quality of the tourist experience,
preserving the unique natural environment, preserving and enhancing the high quality
human existence, retaining the city's premier status in an increasingly competitive resort
market, preserving the historically and architecturally unique character of the city, fostering
the "village style" quality of the city, and preserving and enhancing scenic views.
E. Enable the identification of places of residence and business.
F. Allow for the communication of information necessary for the conduct of commerce.
G. Encourage signs that are appropriate to the zone district in which they are located and
consistent with the category of use to which they pertain.
H. Permit signs that are compatible with their surroundings and aid orientation, and preclude
placement in a manner that conceals or obstructs adjacent land uses or signs.
I. Preclude signs from conflicting with the principal permitted use of the site or adjoining
sites.
I Curtail the size and number of signs and sign messages to the minimum reasonably
necessary to identify a residential or business location and the nature of any such business.
K. Establish sign size in relationship to the scale of the lot's street frontage and building's
street frontage along which the sign is to be placed.
L. Protect the public from the dangers of unsafe signs, and require signs to be constructed,
installed and maintained in a safe and satisfactory manner.
M. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper
placement, illumination, animation and excessive height, area and bulk of signs which
compete for the attention of pedestrian and vehicular traffic.
N. Regulate signs in a manner so as to not interfere with, obstruct vision of, or distract
motorists, bicyclists or pedestrians.
26.510.020 Applicability and scope.
This Chapter shall apply to all signs of whatever nature and wherever located within the City
of Aspen. No sign shall be allowed except as permitted by this Chapter.
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Section 26.510.030
26.510.030 Procedure for sign permit approval.
A. Permit required. It shall be unlawful to erect, place, construct, reconstruct, or relocate any
sign without first obtaining a sign permit from the Chief Building Official.
B. Exempt signs. The following signs or sign activities shall be exempt from obtaining a sign
permit. Exemptions shall not be construed as relieving the applicant and owner of the sign
from the responsibility of complying with all applicable provisions of this Title. The
exemption shall apply to the requirement for a sign permit under this Section.
1. Preventive maintenance. The ordinary preventative maintenance of a lawfully existing
sign which does not involve a change of placement, size, lighting, color or height.
2. Repainting. The repainting of a lawfully existing sign exactly as it was prior to such
activity:
3. Banners, pennants streamers. and balloons and other gas -balled Naures. Temporary
banners, pennants, streamers, and balloons or other gas -filled figures advertising a
special campaign, drive, activity or event of a civic, philanthropic, educational, or
religious organization for noncommercial purposes, subject to the following:
a. Location. Any such temporary sign which extends over or onto a public right-of-way
shall be erected and maintained in such a manner as to not interfere with or obstruct
access, activity, or vision along any such public right-of-way, and shall be subject to
the written approval of the city manager.
b. Timing. Such temporary signs may be erected and maintained. for a period not to
exceed fourteen (14) days prior to the date of which the campaign, drive, activity, or
event advertised is scheduled to occur and shall be removed within three (3) days of
the termination of such campaign, drive, activity, or event.
C. Dimensions. Temporary signs shall not exceed fifty (50) square feet in area.
4. Construction signs. One freestanding or wall sign along each lot line frontage on a street
for a site under construction not to exceed a total of two (2) signs per site, which do not
exceed six (6) square feet in area per sign, which are not illuminated, and which identify
individuals or companies involved in designing, constructing, financing or developing a
site under construction. Such signs may be erected and maintained only for a period not
to exceed thirty (30) days prior to commencement of construction and shall be removed
within fourteen (14) days of termination of construction. A graphic design painted on a
construction barricade shall be permitted in addition to such signs, provided it does not
identify or advertise a person, product, service or business.
5. ►7irectionaI or instructional si rs. Signs, not exceeding six (6) inches by thirty (30)
inches in area, which provide direction or instruction to guide persons to facilities
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Section 26.510.030
intended to serve the public. Such signs include those identifying restrooms, public
telephones, public walkways, public entrances, freight entrances, affiliation with motor
clubs, acceptance of designated credit cards, and other similar signs providing direction
or instruction to persons using a facility but not including those signs accessory to
parking areas. Advertising material of any kind is strictly prohibited on directional and
instructional signs.
6. Fine art. Works of fine art which in no way identify or advertise a person, product,
service or business.
7. Flags. Flags, emblems and insignia of political or religious organizations providing
such flags, emblems and insignia are displayed for noncommercial purposes.
Government si ns. Signs placed or erected by governmental agencies or nonprofit civic
associations for a public purpose in the public interest, for control of traffic and for
other regulatory purposes, street signs, warning signs, railroad crossing signs, signs of
public service companies indicating danger, and aids to service and safety which are
erected by, or for the order of government.
9. Historic designation. Signs placed on a historic building identifying the structure as an
historic landmark which sign shall be a wall sign not to exceed six (6) square feet in
area.
10. Holiday decorations. Noncommercial signs or other materials temporarily displayed on
traditionally accepted civic, patriotic, and/or religious holidays, provided that such
decorations are maintained in safe condition and do not constitute a fire hazard.
11. Incidental signs on vehicles. Signs placed on or affixed to vehicles or trailers where the
sign is incidental to the primary use of the vehicle or trailer. This is in no way intended
to permit signs placed on or affixed to vehicles or trailers which are parked on a public
right-of-way, public property, or private property so as to be visible from a public right-
of-way where the apparent purpose is to advertise a product, service or activity, or direct
people to a business or activity located on the same or nearby property.
12. Interior :ins_ Signs which are fully located within the interior of any building, or
within an enclosed lobby or court of any building, which are not visible from the public
right-of-way, adjacent lots or areas outside the building, and signs not to exceed 30" x
42", located within the inner or outer lobby, court, or entrance of any theatre which are
intended solely for information relating to the interior operation of the building in which
they are located.
13. MaiI boxes including street address.
14. Memorial signs. Memorial plaques or tablets, grave markers, statutory declaring names
of buildings and date of erection when cut into any masonry surface or when
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Section 26.510.030
constructed of bronze or other incombustible materials, or other remembrances of
persons or events that are noncommercial in nature.
15. Menu signs. One sign per use, with an area not to exceed four (4) square feet, with a
height not to exceed the eave lines or parapet wall of that portion of the principal
building in which the use to which the sign applies is located, and which advertises
and/or identifies a restaurant menu, drinks, or foods offered, or special activities
incidental to drink and food service.
16. Public notices. Official government notices and legal notices.
17. Residential name and address jj&IL One freestanding or wall sign per detached
dwelling unit or duplex unit, with an area not exceeding two (2) square feet, which
identifies the name of the occupant and the street address of the dwelling unit.
18. Shielded light in architectural design. Lights permanently affixed to a building and
made an integral part of the building architecturally, designed for that building, directed
only at and not away from the building, and shielded in such a manner that the light
source is fixed and is not directly visible from any public right-of-way or any area
outside the lot on which the building is located, provided such lights are not flashing
lights.
19. Vending machine signs. Permanent, nonflashing signs on vending machines, gasoline
pumps, ice or milk containers, or other similar machines indicating only the contents of
such devices, the pricing of the contents contained within, directional or instructional
information as to use, and other similar information not exceeding four (4) square feet
in area for each exposed sign face nor exceeding an aggregate sign area of eight (8)
square feet.
C. Application. A development application for a sign permit shall include the following
information:
1. That information required on the form provided by the Community Development
Director;
2. A letter of consent from the owner of the building, if the applicant is not the owner or a
tenant;
3. Proposed location of the sign on the building or parcel;
4. A blueprint or ink drawing of the plans, specifications, and method of construction of
the sign and its supports, showing proposed dimensions, materials, and colors and the
type, intensity, and design of the sign's illumination, if any; and
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Section 26.510.030
5. The dimensions, measurements, and calculations of building frontages and line
frontages on streets and alleys; the dimensions of any other sign located on the property;
and any other information needed to calculate permitted sign area, height, type,
placement or other requirements of these regulations.
D. Determination of completeness. After a development application for a sign permit has
been received, the Community Development Director shall determine whether the
application is complete. If the Community Development Director determines that the
application is not complete, written notice shall be served on the applicant specifying the
deficiencies. The Community Development Director shall take no further action on the
application unless the deficiencies are remedied. If the application is determined complete,
the Community Development Director shall notify the applicant of its completeness. A
determination of completeness shall not constitute a determination of compliance with the
substantive requirements of this Chapter.
E. Determination of compliance.
1. All si ns exce t those with graphic designs. After reviewing the application and
determining its compliance and consistency with the purposes, requirements and
standards in this Chapter, the Community Development Director shall approve, approve
with conditions or deny the development application for a sign permit.
2. Signs with graphic design. In the case of a development application for a sign permit
involving a graphic design, the Community Development Director shall review the
application and determine its compliance and consistency with the purposes,
requirements and standards of this Chapter and then shall recommend approval,
approval with conditions or denial of the application to the Planning and Zoning
Commission.
After receiving the completed application and the planning director's recommendation,
and after determining the application's compliance and consistency with the purposes,
requirements and standards of this Chapter, the Planning and Zoning Commission shall
approve, approve with conditions or deny the application.
26.510.040 Prohibited signs.
The following signs are expressly prohibited for erection, construction, repair, alteration,
relocation or placement in the City of Aspen.
A. "A "frame, sandwich board and sidewalk or curb signs.
B. Billboards and other off -premise signs. Billboards and other off -premise signs, except as a
temporary sign as provided for in Section 26.510.120.
C. Flashing signs. Signs with lights or illuminations which flash, move, rotate, scintillate,
blink, flicker, vary in intensity, vary in color, or use intermittent electrical pulsations.
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Section 26.510.040
D. Moving signs. Signs with visible moving, revolving, rotating parts, or visible mechanical
movement of any description or other apparent visible movement achieved by electrical,
electronic or mechanical means, including automatic electronically controlled copy
changes.
E. Neon and other gas -filled light tubes. Neon lights, televisions used for advertising or
information and other gas -filled light tubes, except when used for indirect illumination and
in such a manner as to not be directly exposed to public view.
F. Obsolete signs. A sign which identifies or advertises an activity, business, product, service
or special event no longer produced, conducted, performed or sold on the premises upon
which such sign is located. Such obsolete signs are hereby declared a nuisance and shall be
taken down by the owner, agent or person, having the beneficial use of such sign within ten
(10) days after written notification from the Community Development Director, and upon
failure to comply with such notice within the time specified in such order, the Community
Development Director is hereby authorized to cause removal of such sign, and any expense
incident thereto shall be paid by the owner of the property on which the sign was located.
That an obsolete sign is nonconforming shall not modify any of the requirements of this
paragraph. Signs of historical character shall not be subject to the provisions of this section.
For the purpose of this section, historical signs are defined to be those signs erected prior to
January 1, 1945.
G. Portable and wheeled signs.
H. Roof signs.
I. Search lights or beacons.
J. Signs causing direct glare. A sign or illumination that causes any direct glare into or upon
any public right-of-way, adjacent lot, or building other than the building to which the sign
may be accessory.
K. Signs containing untruthful or misleading information.
L. Signs creating optical illusion. Signs with optical illusion of movement by means of a
design which presents a pattern capable of reversible perspective, giving the illusion of
motion or changing of copy.
M. Signs obstructing egress. A sign which obstructs any window or door opening used as a
means of egress, prevents free passage from one part of a roof to any other part, interferes
with an opening required for legal ventilation, or is attached to or obstructs any standpipe,
fire escape or fire hydrant.
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Section 26.510.040
N. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers which are
parked on a public right-of-way, public property, or private property so as to be visible
from a public right-of-way where the apparent purpose is to advertise a product, service or
activity or direct people to a business or activity located on the same or nearby property.
However, this is not in any way intended to prohibit signs placed on or affixed to vehicles
and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary
use of the vehicle or trailer.
O. Signs in public right -of way. A sign in, on, over or above a public right-of-way that in any
way interferes with normal or emergency use of that right-of-way. Any sign allowed in a
public right-of-way may be ordered removed by the Community Development Director
upon notice if the normal or emergency use of that right-of-way is changed to require its
removal.
P. Strings of light and strip lighting. Strip lighting outlining commercial structures and used
to attract attention for commercial purposes, and strings of light bulbs used in any
connection with commercial premises unless the lights shall be shielded.
Q. Unsafe signs. Any sign which:
1. Is structurally unsafe;
2. Constitutes a hazard to safety or health by reason of inadequate maintenance or
dilapidation;
3. Is not kept in good repair;
4. Is capable of causing electrical shocks to persons likely to come into contact with it;
5. In any other way obstructs the view of, may be confused with, or purports to be an
official traffic sign, signal or device or any other official government regulatory or
informational sign;
6. Uses any words, phrases, symbols or characters implying the existence of danger or the
need for stopping or maneuvering of a motor vehicle, or creates, in any other way, an
unsafe distraction for vehicle operators or pedestrians;
7. Obstructs the view of vehicle operators or pedestrians entering a public roadway from
any parking area, service drive, public driveway, alley or other thoroughfare;
& Is located on trees, rocks, light poles, or utility poles, except where required by law; or
9. Is located so as to conflict with the clear and open view of devices placed by a public
agency for controlling traffic or which obstructs a motorist's clear view of an
intersecting road, alley or major driveway.
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Section 26.510.040
26.510.050 Sign measurement.
A. General. In calculating the area allowance for signs in all zone districts, there shall be
taken into account all signs allowed therein including window decals and signs identifying
distinctive features and regional or national indications of approval of facilities.
B. Sign area. Sign area shall be the area of the smallest geometric figure which encompasses
the facing of a sign including copy, insignia, background and borders, provided that cut-out
letter signs shall be considered wall signs and their aggregate area shall be credited toward
allowable sign area at one-half (1/2) the measured area.
C. Two or more faces. Where a sign has two (2) or more faces, the area of all faces shall be
included in determining the area of the sign, except where two (2) such faces are placed
back to back and are at no point more than two (2) feet from one another. The area of the
sign shall be taken as the area of the face if the two (2) faces are of equal area, or as the
area of the larger face if the two (2) faces are of unequal area.
26.510.060 Sign setback.
All signs shall be subject to the setback requirements of the zone district in which they are
located and the principal use to which they apply, unless specifically exempted or modified elsewhere
in this Chapter.
26.510.070 Sign illumination.
A. Prohibited illumination. No sign shall be illuminated through the use of internal
illumination, rear illumination, fluorescent illumination or neon or other gas tube
illumination, except when used for indirect illumination and in such a manner as to not be
directly exposed to public view.
B. Shielding illumination. Illumination of signs shall .be designed, located, shielded and
directed in such a manner that the light source is fixed and is not directly visible from, and
does not cast glare or direct light from artificial illumination upon, any adjacent public
right-of-way, surrounding property, residential property or motorist's vision.
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Section 26.510.120
26.510.080 Sign lettering, logos and graphic designs.
A. Lettering. No lettering on any sign, including cut-out letter signs, shall exceed twelve (12)
inches in height, except ,that the initial letter in each word shall not exceed eighteen (18)
inches in height.
B. Logos. No logo on any sign, including cut-out letter signs, shall exceed eighteen (18)
inches in height and eighteen (18) inches in length.
C. Graphic designs.
1. It shall be unlawful to erect, place, construct, reconstruct, alter, paint, repaint, refurbish,
repair or change a graphic design with an effective area greater than ten (10) square feet
without first obtaining a sign permit for a graphic design from the Planning and Zoning
Commission.
2. Any proposed graphic design must comply with all provisions of this Chapter provided
that no graphic design need conform to the limitations on size of lettering in Section
26.510.080(A) or requirements pertaining to size in the zone district regulations in
Section 26.510.130.
3. In reviewing the application the planning director shall recommend and the Planning
and Zoning Commission shall approve the proposed graphic design if it:
a. Harmonizes with the structure or structures on the parcel on which it is .to be painted;
b. Is compatible with the other signs or graphic designs on the premises;
C. Is suitable and appropriate to the neighborhood;
d. Contributes to any special characteristics of the particular area of the city in which it
is to be located;
e. Is well designed and pleasing in appearance;
f. Is desirable as an urban design characteristic;
g. Does not constitute a nuisance to the occupants of adjacent or contiguous property;
h. Is not detrimental to property values; and
i. Does not constitute a traffic and safety hazard because it is distracting, or is not
considered obscene, lewd, indecent or otherwise offensive to public morals.
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Section 26.510.120
4. The Planning and Zoning Commission may attach to its approval of a development
application, any conditions which in its judgment are necessary to carry out the purposes
and intent of the review standards. The Planning and Zoning Commission may also
require annual maintenance inspections of the design by the Community Development
Director, and revoke any permit issued if a graphic design is not maintained.
5. The Planning and Zoning Commission shall request a recommendation from the
Historic Preservation Commission for any graphic design proposed to be painted in any
H, Historic District or on any historic landmark. Any recommendation received shall be
a recommendation, and shall not be controlling on any Planning and Zoning
Commission action.
6. No development application for a graphic design pernut shall be required to repaint any
graphic design exactly as it previously existed, pursuant to a previously approved
graphic design permit.
26.510.090 Structural characteristics.
The following limitations shall apply to all freestanding, projecting and wall signs:
A. Freestanding signs. Freestanding signs shall not be higher than the principal building or
fifteen (15) feet, whichever is less, and shall be a minimum of eight (8) feet above grade
when located adjacent to a pedestrian way.
B. Projecting. signs. Projecting signs shall not be higher than the eave line or parapet wall of
the top of the principal building, shall be a minimum of eight (8) feet above grade when
located adjacent to or projecting over a pedestrian way and shall not extend more than four
(4) feet from the building wall to which they are attached, except where such sign is an
integral part of an approved canopy or awning.
C. Wall signs. Wall signs shall not be higher than the eave line or parapet wall of the top of
the principal building, and no sign part, including cut-out letters, shall project more than
six (6) inches from the building wall.
26.510.100 Nonconforming signs.
Nonconforming signs which were in existence on or before May 25, 1988, shall be
discontinued on or before November 25, 1988.
26.510.11.0 Signs on public right-of-way.
It shall be unlawful to erect or maintain any sign in, on, over or above any land or right-of-way
or on any property, including lightposts, belonging to the City of Aspen without the permission of the
City Council. However, this section shall not be deemed to apply to signs posted by any duly
constituted public authorities in the performance of their public duties, or to specific circumstances
otherwise provided for in this Chapter.
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Section 26.510.120
26.510.120 Temporary signs.
A. General. No temporary sign is permitted within the city unless all other signs on the
property upon which the temporary sign is to be erected, placed or affixed and the
temporary sign itself conform to this Chapter.
B. Residential uses and residential zone districts. For all residential uses and residential zone
districts, only the following temporary signs are permitted, in addition to the signs
permitted under Section 26.510.130, and then only if accessory and incidental to a
permitted or conditional use:
1. Real estate for sale or rent sign Temporary real estate signs advertising the sale or
rental of the property upon which the sign is located, subject to the following:
a. Type. The temporary real estate for sale or rent sign shall be a freestanding or wall
sign.
b. Number. There shall be not more than one temporary real estate for sale or rent sign
per lot.
C. Area. The area of the temporary sign shall not exceed three (3) square feet.
d. Height. The height of the temporary sign shall not exceed five (5) feet as measured
from the grade at the base of the sign.
e. Special conditions. The temporary sign shall be removed within seven (7) days of the
sale or rental of the real estate upon which the sign is located.
C. Nonresidential uses and nonresidential zone districts. For all nonresidential uses and
nonresidential zone districts, only the following temporary signs are permitted, in addition
to the signs permitted under Section 26.510.130, and then only if accessory and incidental
to a permitted or conditional use:
1. Temporary sandwich board signs carried by a gersoti. Temporary sandwich board signs
which are carried by a person and are advertising or identifying a special, unique or
limited activity, service, product or sale of a limited duration, or identifying a restaurant
menu, subject to the following:
a. Type. The temporary sandwich board shall be a sign carried by a person.
b. Number. There shall be not more than one such temporary sign per use at any one
time.
C. Area. The area of the temporary sign shall not exceed six (6) square feet per side.
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Section 26.510.130
2. Tempo_rary political sib Temporary political signs announcing political candidates
seeking public office, political parties, or political and public issues shall be subject to
the following:
a. Type. The temporary political sign shall be a wall sign or banner.
b. Number.
(1) Private property. There shall not be more than one temporary political sign for
each use.
(2) Public right-of-way. There shall be no temporary political signs permitted on or
located in the public right-of-way or on public property.
C. Area. The area of temporary political signs shall not exceed four (4) square feet.
d. Height. Temporary political signs shall not project higher than the eave line or
parapet wall of that portion of the principal building in which the applicant who
applied for the sign is located, if it is a wall sign.
e. Duration. Temporary political signs may be erected or maintained for a period not to
exceed thirty (30) days prior to the date of the election to which such signs are
applicable, and shall be removed within seven (7) days following such election.
Temporary political signs concerning issues or candidates which are not on a ballot
may be maintained for a period not to exceed thirty (30) days.
3. Tem ora sale signs. Temporary sale signs, announcing special sales of products and
services, shall be subject to the following:
a. Type. The temporary sale sign shall be placed in the window or windows of the
business holding the sale.
b. Number. There shall be permitted not more than one (1) temporary sale sign in any
window, and a total of not more than three (3) temporary sale signs for each use.
C. Area. Each temporary sale sign shall not exceed three (3) square feet.
d. Duration. Except for the end -of -season period of March 1 through April 15,
temporary sale signs may be maintained for a period not to exceed fourteen (14)
days, and shall be removed at the end of the fourteen (14) days or on the day
following the end of the sale, whichever shall occur first, and shall not be replaced
for at least three (3) months following the removal of the sign(s).
City of Aspen Land Use Code Page - 225 Revised 01/01/99
Part 500 — Supplemental Regulations
Section 26.510.130
Temporary sale signs may be maintained during the end -of -season period of March 1
through April 15 provided that they are removed following the end of the sale and no
temporary sale, sign has been displayed for a period of thirty (30) days immediately
preceding the display and, provided further, that no temporary sale signs shall be
permitted for a three (3) month period following the display of end -of -season signs.
26.510.130 Zone district sign restrictions.
A. Residential uses. For all residential uses, only temporary signs permitted under Section
26.510.120 and the following signs are permitted and then only if accessory and incidental
to a permitted or conditional use:
1. Home occupation, multiple -family dwelling complex, or mobile home park
identification signs.
a. Type. The home occupation, multiple family dwelling complex, or mobile home park
identification signs shall be freestanding signs or wall signs.
b. Number. There shall be not more than one freestanding or wall sign per home
occupation, or per street entrance of a multiple -family dwelling complex or mobile
home park.
C. Area. The area of the sign shall not exceed two (2) square feet per dwelling unit, and
shall not exceed a total of twenty (20) square feet.
d. Illumination. A home occupation identification sign may be illuminated only when it
is identifying a home occupation of an emergency service nature. A multiple -family
dwelling complex or mobile home park identification sign may be illuminated.
B. Institutional uses. For all church, school and public administrative building uses, only
temporary signs permitted under Section 26.510.120 and the following signs are permitted
and then only if necessary and incidental to a permitted or conditional use:
1. Church, school or public administrative building identification signs.
a. Type. The church, school or public administrative building identification sign shall
be a freestanding or wall sign.
b. Number. There shall be not more than two (2) signs permitted along the lot frontage
on any one street, not to exceed a total of four (4) signs per lot, subject to the area
requirements in Section 26.510.130 (B)(1)(c).
C. Area.
City of Aspen Land Use Code Page - 226 Revised 01/01/99
Part 500 — Supplerneatal Regulations
Section 26.510.130
(1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square
feet.
(2) Wall sign. The area of a wall sign shall not exceed ten (10) square feet.
(3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on
any one street shall not exceed one square foot of aggregate sign area for each
three (3) feet of lot line frontage occupied by or projected from the building within
which the principal use is conducted. The aggregate sign area permitted along the
lot frontage on any alley shall be computed as if the alley were a street. In no case
shall the aggregate sign area for any one use on any one frontage exceed twenty
(20) square feet.
(4) Illumination. The sign may be illuminated except when located in a residential
zone district.
C. Recreation club or open use recreation site uses. For all recreation club or open use
recreation site uses, only temporary signs permitted under Section 26.510.120 and the
following signs are permitted and then only if necessary and incidental to a permitted or
conditional use:
1. Recreation club or open use recreation site designation signs.
a. Type. The recreation club or open use recreation site designation sign shall be a
freestanding or wall sign.
b. Number. There shall be not more than one sign per use permitted along the lot
frontage on any one street, not to exceed a total of two (2) signs per lot, subject to the
area requirements in Section 26.510.130 (C)(1)(c).
C. Area.
(1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square
feet.
(2) Wall sign. The area of a wall sign shall not exceed ten (10) square feet.
(3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on
any one street shall not exceed one square foot of aggregate sign area for each
three (3) feet of lot line frontage occupied by or projected from the area of the lot
within which the principal use is conducted. The aggregate sign area permitted
along the lot frontage on any alley shall be computed as if the alley were a street.
In no case shall the aggregate sign area for any one frontage exceed twenty (20)
square feet.
City of Aspen Land Use Code Page - 227 Revised 01/01/99
Part 500 — Supplemental Regulations Section 26.510.130
(4) Illumination. The sign may be illuminated only during hours of normal operation.
D. Commercial uses. For all Commercial Core (CC), Commercial (C-1), Lodge/Tourist
Residential (L/TR), Lodge Preservation (LP), Commercial Lodge (CL), Neighborhood
Commercial (NC) or Service/ Commercial/Industrial (SCI) zone district uses, only
temporary signs permitted under Section 26.510.120 and the following signs are permitted
and then only if accessory and incidental to a permitted or conditional use:
1. Business or occupancy identification signs.
a. Type. The business and occupancy identification signs shall be freestanding signs,
projecting signs, wall signs, including cutout letter signs, or lettering on awnings.
b. Number. There shall be not more than a combination of two (2) of the following
three (3) types of signs: one freestanding sign per use, one projecting sign per use, or
one wall sign, including a cut-out letter sign, per use, subject to the area requirements
in Section 26.510.130(D)(1)(c). In addition, there shall be no limit on the number of
business and occupancy identification signs which may be placed in the windows of
the business; provided, that said signs shall count against the aggregate sign area
permitted as if the window sign was a cut-out letter sign. There shall also be no limit
on the number of awnings which may be lettered.
C. Area.
(1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square
feet.
(2) Projecting sign. The area of a projecting sign shall not exceed six (6) square feet.
(3) Wall sign. The area of a wall sign shall not exceed ten (10) square feet.
(4) Awning sign. The area of an awning sign shall not be limited, but the lettering on
the awning shall not exceed six (6) inches in height.
(5) Aggregate sign area. The aggregate sign area permitted along the lot frontage on
any one street shall not exceed one square foot of aggregate sign area for each
three (3) feet of lot line frontage occupied by or projected from the building within
which the principal use is conducted. The aggregate sign area permitted along the
lot frontage on any alley shall be computed as if the alley were a street. If there is
more than one use or tenant within the principal building, then the aggregate sign
area permitted for each use or tenant within the building shall be that portion of
the aggregate sign area as agreed upon by the owner(s) and occupant(s) of the
building. The Community Development Director shall be notified of such
agreement and the respective proportionate shares of signage. In no case shall the
City of Aspen Land Use Code Page - 228 Revised 01/01/99
Part 500 — Supplemental Regulations
Section 26.510.130
aggregate sign area for any one use on any one frontage exceed twenty (20) square
feet.
d. Location. The business and occupancy identification signs shall be located on the
business being identified, unless the business does not have frontage at street grade.
For such businesses, one sign may be located on the business being identified and the
other sign may be included in a business directory sign.
2. Business directory signs.
a. Type. The business directory signs shall be wall signs or freestanding signs.
b. Number. There shall be not more than one business directory sign per lot.
C. Area. The maximum permitted area of the business directory sign shall be as follows:
For 1 to 5 businesses --One square foot of sign area per business.
For 6 to 10 businesses --Five square feet plus 1/2 square foot for each business over
five businesses.
For more than 10 businesses--7 1/2 square feet, plus 1/4 square foot for each business
over ten businesses, to a maximum sign area of 10 square feet.
City of Aspen Land Use Code Page - 229 Revised 01/01/99
Part 500 — Supplemental Regulations
Section 26.515.020
Chapter 26.515
OFF-STREET PARKING
Sections:
26.515.010 General provisions.
26.515.020 Characteristics of off-street parking spaces and access to street or alley.
26.515.030 Required number of off-street parking spaces.
26.515.040 Special review standards.
26.515.010 General provisions.
A. General requirements. All development, except affordable housing, shall be provided with
off-street parking as provided in this Chapter.
B. Requirements for affordable housing. The off-street parking requirements for all
affordable housing shall be established by a special review procedure pursuant to Chapter
26.430, and employing the standards set forth at Section 26.515.040, below.
C. Requirements for expansion of existing development. No development shall reduce the
number of existing off-street parking spaces below the minimum number of existing spaces
required herein for that development, unless expressly exempted by this Chapter. If
existing development is expanded, additional off-street parking space shall be provided for
that increment of the expansion as if it is separate development.
D. Off-street parking calculation. All requirements for off-street parking for residential
dwellings and lodges shall be calculated based on the number of bedrooms of the structure
or use. All requirements for off-street parking for all other uses shall be calculated based on
the net leasable area of the structure or use.
E. Required number of spaces when fractional spaces computed. When any calculation of
off-street parking results in a required fractional space, said fractional space may be paid
cash -in -lieu or an entire space may be provided on the site.
26.515.020 Characteristics of off-street parking spaces and access to street or alley.
A. General. Each off-street parking space shall consist of an open area measuring eight and
one-half (8 1/2) feet wide by eighteen (18) feet long and seven (7) feet high with a
maximum slope of twelve (12) percent in any one direction. Each parking space, except
those provided for detached residential dwellings and duplex dwellings, shall have an
unobstructed access to a street or alley. Off-street parking provided for multi -family
dwellings which do not share a common parking area may be exempted from the
unobstructed access requirement subject to special review pursuant to Chapter 26.430
City of Aspen Land Use Code Page - 230 Revised 01/01/99
Part 500 — Supplemental Regulations
Section 26.515.030
and the standards set forth at Section 26.515.040, below.. No driveway shall exceed a
ma.:imum slope of twelve (12) percent within twenty (20) feet of a property line bordering
a public or private right-of-way. Off-street parking must be paved with all weather
surfacing or be covered with gravel. For single family and duplex development, a grass -
ring type surface may be used. All parking shall be maintained in a usable condition at all
times.
B. Location of off-street parking. Off-street parking required for development in the
Service/Commercial/Industrial (S/C/I), Neighborhood Commercial (NC) and Office (0)
Zone Districts shall not be located in any adjacent residential zone district. Off-street
parking for any residential dwelling, hospital, school or other use located in a residential
zone district shall be located on the same site as the principal use. Off-street parking for a
boarding or rooming house, lodge, hotel or dormitory shall be located on the same lot, or
an adjacent lot under the same ownership as the lot occupied by the principal use.
C. Detached and duplex residential dwelling parking. Off-street parking provided for
detached residential dwellings and duplex dwellings are not required to have unobstructed
access to a street or alley, but may consist of garage area, or parking strip or apron.
D. Main Street off-street parking. All parking required for uses fronting Highway 82 shall, if
an alley exists, be provided access off the alley and shall not enter or exit from or onto
Highway 82.
E. Restrictions on use of off-street parking areas. No off-street parking area shall be used for
the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies,
nor shall any such activity adjacent to off-street parking spaces obstruct required access to
off-street parking areas.
F. Restrictions on drainage, grading and traffic impact. Off-street parking spaces shall be
graded to insure drainage does not create any flooding or water quality problems and shall
be provided with entrances and exits so as to minimize traffic congestion and traffic
hazards.
G. Restrictions on lighting. Lighting facilities for off-street parking spaces, if provided, shall
be arranged and shielded so that lights neither unreasonably disturb occupants of adjacent
residential dwellings or interfere with driver vision.
City of Aspen Land Use Code Page - 231 Revised 01/01/99
Part 500 — Supplemental Regulations
Section 26.515.030
26.515.030 Required number of off-street parking spaces.
The off-street parking spaces established below shall be provided for each use in the zone
district. Whenever the parking requirement is subject to special review or may be provided via a
payment in lieu, that review shall be pursuant to the procedures set forth at Chapter 26.430 and the
standards set forth at Section 26.515.040, below.
Uses
e District Lodge
Residential
All Others
R6 Special Review
*
Special Review
R15 Special Review
*
Special Review
R-15A N/A
*
Special Review
R-15B N/A
*
N/A
R-30 N/A
*
Special Review
R-MF Special Review
*
l
Special Review
MHP N/A
*
Special Review
AH/PUD N/A
* *
N/A
RR N/A
*
Special Review
CC 0.7 space/bedroom,
*
2 spaces/1,000 sq.ft.
may be provided via
of net leasable area,
payment -in -lieu.
may be provided via
payment -in -lieu
C-1 N/A
; *
1.5 spaces/1,000
sq.ft.
of net leasable area,
may be provided via
payment -in -lieu
S/C/I N/A
*
3 spaces/1,000 sq.ft.
of net trial leasable
area
City of Aspen Land Use Code Page - 232 Revised 0 1/0 1/99
Part 500 — Supplemental Regulations
Section 26.515.030
NC
N/A
*
4 spaces/1,000 sq.ft.
of net leasable area
O
N/A
*
3 spaces/1,000 square
feet of net leasable
area; fewer spaces
may be provided by
via payment-in-Iieu,
but no fewer than 1.5
space/1,000 square
feet of net leasable
area on -site.
L/TR
0.7 space/bedroom,
*
4 spaces/1,000 sq.ft.
i
which 0.2 space/
of net leasable area,
bedroom may be
may be provided via
f
provided via
payment -in -lieu.
I
payment -in -lieu.
CL
0.7 space/bedroom,
*
2 spaces/1,000 sq.ft.
which 0.2 space/
of net leasable area
bedroom may be
which may be
provided via
provided
payment -in -lieu.
via payment -in -lieu.
UL LP
1 space/bedroom
*
4 spaces/1,000 sq.ft.
of net leasable area.
C
N/A
*
Special Review
A
N/A
*
Special Review
P
1 space/bedroom
*
Special Review
PUB
N/A
*
Special Review
Transportation
N/A
*
Undelying Zone
Overlay
District
Drainage Overlay
N/A
N/A
Underlying Zone
District
Golf Course
Underlying
N/A
Underlying Zone
�99
Part 500 — Supplemental Regulations
Section 26.515.030
Support Zone District
District
Lodge,
1 space/bedrooni .
Underlving Zone..
.District
For single-'f lrnily- and 6ple.x residential use and waIti-family'` use: two (2)
sl ac•G�sh��.ellllig 'unit. 1 ev: er spaces may be provided I)y special review ,pursualit to
C:hl117ter 25.430 for bktodc landmarks ohI,7,.. rincl fewer sp.tces nivi.y be -provided
pnrstt: Tit to Chapter 26,42-5, for accessory dwelling 11n1ts onIy. One- (1}'sp€lceli w fling
s either a studio Ur one-hedrnrrrl Lin
tl;7it. is required if lily unit i
Pcsidential uses in At P T-D aze e tallli:,l�c l Icy spe-11al T i_�.; ill acc� d.ircc with
Chapter 26.410. '.rlie rt)aximun: nulztNr of parLin!z spaccs required shall not cxceed
t«u (2) s1-acLs/d veIIing uTiit for free ruar_ct unit,,. Park- Mi s1)aces sIiLdI not exceed one
(i} 5pace/Itieclrcom or two (2) v.'111C11'_VCI_ is ]c:,s rOr t[W aflordaNe.
h.ousirzg units. .
26.515.040 Special review standards.
Whenever the off-street parking requirements of a proposed development are subject to
establishment and/or mitigation via a payment in lieu by special review, the development application
shall only be approved if the following conditions are met.
A. All zone districts. In all zone districts where the off-street parking requirements are subject
to establishment and/or mitigation by special review, the applicant shall demonstrate that
the parking needs of the residents, customers, guests and employees of the project have
been met, taking into account potential uses- of the parcel, the projected traffic generation
of the project, the projected impacts onto the on -street parking of the neighborhood, its
proximity to mass transit routes and the downtown area, and any special services, such as
vans, provided for residents, guests and employees.
In determining whether to accept the mitigation or whether to require that the parking be
provided on -site, the Planning and Zoning Commission shall take into consideration the
practical ability of the applicant to place parking on -site, whether the parking needs of the
development have been adequately met on -site and whether the city has plans for a parking
facility which would better meet the needs of the development and the community than
would location of the parking on -site.
B. Multi family dwelling units. Off-street parking provided for multi -family dwelling units
which do not share a common parking area is not required to have unobstructed access to a
street or alley, but may consist of garage area, parking strip or apron provided that the
applicant demonstrates that adequate landscaping will be installed to reduce the parking's
visual impact. Developments consisting of three or more dwelling units shall install one
(1) planter buffer per three parking spaces. Planter buffers shall be a minimum of ten (10)
City of Aspen Land Use Code Page - 234 Revised 01/01/99
Part 500 — Supplemental Regulations
Section 26.515.030
feet long by two and one-half (2-1/2) feet wide by two (2) feet high unless otherwise varied
by the Commission. The location and dimensions of the planters may also be
varied by the Commission based on site specific circumstances provided that no fewer than
one (1) planter buffer is provided per three (3) off-street parking spaces. Multi -family
projects using this provision shall access parking from the alley, if available.
C. Cash -in -lieu.
1. Amount. In all zone districts, where the off-street parking requirement may be provided via
a payment in lieu, the applicant shall make a one-time only payment to the city, in the
amount of fifteen thousand dollars ($15,000.00) per space. Approval of the payment -in -lieu
shall be at the option of the Planning and Zoning Commission.
2. Time of payment. The payment -in -lieu of parking shall be due and payable at the time of
issuance of a building permit. All funds collected shall be transferred by the building
inspector to the finance director, for deposit in a separate interest bearing account. Monies
in the account shall be used solely for the construction of a parking structure or similar new
parking facility within or adjacent to the zone districts to which this subsection applies.
3. Refunds. Fees collected pursuant to this section may be returned to the then present owner
of the property for which a fee was paid, including any interest earned, if the fees have not
been spent within seven (7) years from the date fees were paid, unless the council shall
have earmarked the funds for expenditure on a specific project, in which case the council
may extend the time period by up to three (3) more years. To obtain a refund, the present
owner must submit a petition to the finance director within one year following the end of
the seventh (7th) year from the date payment was received. X
For the purpose of this section, payments collected shall be deemed spent on the basis of
the first payment in shall be the first payment out. Any payment made for a project for
which a building permit is cancelled, due to noncommencement of construction, may be
refunded if a petition for refund is submitted to the finance director within three (3) months
of the date of the cancellation of the building permit. All petitions shall be accompanied by
a notarized, sworn statement that the petitioner is the current owner of the property and by
a copy of the dated receipt issued for payment of the fee.
4. Bi-annual rei;iew of rare. In order to insure that the payment -in -lieu rate is fair and
represents current cost levels, it shall be reviewed within two (2) years of its effective date,
and every two (2) years thereafter. Any necessary amendments to this section shall be
initiated by the Planning and Zoning Commission or the City Council to address the results
of the review.
City of Aspen Land Use Code Page - 235 Revised 01/01/99
Part 500 — Supplemental Regulations
Section 26.520.040
Chapter 26.520
ACCESSORY DWELLING UNITS
Sections:
26.520.010 Purpose.
26.520.020 Accessory dwelling units.
26.520.010 Purpose.
The purpose of this Chapter is to set forth the review standards for the construction of
accessory dwelling units.
26.520.020 Accessory dwelling units.
A. General provisions.
1. Accessory dwelling units shall contain not less than three hundred (300) square feet
and not more than seven hundred 7( 00) square feet. The unit shall be deed restricted,
meeting the housing authority's guidelines for resident occupied units. If the unit is
rented, it shall be limited to rental periods of not less than six (6) months in duration.
Owners of the principal residence shall have the right to place a qualified employee or
employees of his or her choosing in the accessory dwelling unit. One (1) parking space
shall be provided on -site for each studio unit, and for each bedroom within a one- or
two -bedroom accessory dwelling unit.
2. An attached accessory dwelling unit shall be subject to all other dimensional
requirements of the underlying zone district.
3. An attached accessory dwelling unit shall utilize alley access to the extent practical.
L. Development review standards. The review standards for an accessory dwelling unit are as
follows:
1. The proposed development is compatible and subordinate in character with the primary
residence located on the property and with the development located within the
neighborhood, and assuming year -around occupancy, shall not create a density pattern
inconsistent with the established neighborhood;
2. For detached accessory dwelling units, where the proposed development varies from the
dimensional requirements of the underlying zone district, the Planning and Zoning
Commission shall find that such variation is more compatible in character with the
primary residence than the development in accord with dimensional requirements. The
following dimensional requirements may be varied:
City of Aspen Land Use Code Page - 236 Revised 01/01/99
Part 500 — Supplemental Regulations Section 26.520.040
a. Minimum front and rear yard setbacks;
b. Minimum distance between buildings on the lot;
C. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory
dwelling units;
d. Minimum sideyard setbacks- may be reduced to three (3) feet;
e. The maximum height limits for detached accessory dwelling units in the R-6 zone
district may be varied at the rear one-third (1/3) of the parcel, however, the maximum
height of the structure shall riot exceed eighteen (18) feet. On Landmarked
Designated Parcels and within the Historic Overlay District the Historic Preservation
Commission shall have the ability to make such height variations.
f. Maximum allowable site coverage may be varied up to a maximum of five (5)
percent, on Landmark Designated Parcels and within an Historic Overlay District the
Historic Preservation Commission shall have the ability to make such site coverage
variations;
g. In the case where the proposed detached accessory dwelling unit is located on a
Landmark Designated Parcel or within an Historic Overlay District only HPC may
make dimensional variations pursuant to Section 26.415.
3. The Planning and Zoning Commission and the Historic Preservation Committee may
exempt existing nonconforming structures, being converted to a detached accessory
dwelling unit, from Sections 26.520.030(B)(2)(a) through (h) provided that the
nonconformity is not increased.
4. Conditional use review shall be granted pursuant to Section 26.425, Standards
applicable to all conditional uses.
C. Bandit units. Any bandit dwelling unit which can be demonstrated to have been in
existence on or prior to November 1, 1988, and which complies with the requirements of
this section may be legalized as an accessory dwelling unit, if it shall meet the health and
safety requirements of the Uniform Building Code, as determined by the Chief Building
Official.
D. GMQS/replacement housing credits. Accessory dwelling units shall not be used to obtain
points in the affordable housing category of the Growth Management Quota System
(GMQS). Accessory dwelling units also may not be used to meet the requirements of
Chapter 26.530 'Residential Multi -Family Housing Replacement Program."
City of Aspen Land Use Code Page - 237 Revised 01/01/99
Part 500 — Supplemental Regulations
Section 26.520.040
E. FAR for accessory dwelling units. Section 26.575.020(A)(7) sets forth the method for
calculating the floor area ratio and allowable square footage for accessory dwelling units. .
City of Aspen Land Use Code Page - 238 Revised 01/01/99
Part 500 — Supplemental Regulations
Section 26.530.030
Chapter 26.530
RESIDENT MULTI -FAMILY REPLACEMENT PROGRAM
Sections:
26.530.010
Purpose and intent.
26.530.020
Application of Title.
26.530.030
Certificate of compliancelexemption.
26.530.040
Housing replacement requirements.
26.530.050
Rental and resale restrictions.
26.530.060
Enforcement.
26.530.010 Purpose and intent.
The City of Aspen's neighborhoods have traditionally been comprised of a mix of housing
types, including those which are 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 which currently provide
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, whcch 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.
In the Aspen Area Community Plan the city has established a goal that affordable housing for
working residents be provided by both the public and private sectors. The city, through its housing
designee, has provided affordable housing both within and adjacent to the city limits. The private
sector has also provided affordable housing through the GMQS process. 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 Aspen's tourist based economy, the city has found it necessary, in concert with other
regulations, to adopt limitations on the demolition of existing multi -family housing in order to
minimize the displacement of working residents, to insure that the private sector maintains its role in
the provision of resident housing, and to prevent a housing shortfall from occurring.
City of Aspen Land Use Code Page - 239 Revised 01/O1199
Part 500 — Supplemental Regulations Section 26.530.030
26.530.030 Application of Chapter.
This Chapter shall apply to the demolition of any resident multi -family housing ("RMF
housing"), as defined herein, in the City of Aspen or when two (2) or more ownerships of land, each
of which contains one (1) or more detached residential or duplex units, is merged or otherwise
combined into a project for the purposes of demolition and reconstruction of the units, excluding any
parcel consolidated as a Specially Planned Area (SPA). No owner shall cause the demolition of any
RMF housing unit without first obtaining a certificate of compliance or a certificate of exemption in
accordance with the provisions of this Title. The Community Development Department shall not
issue a permit for the demolition of any multi -family dwelling unit unless the owner has obtained and
presented to the Community Development Department either a certificate of compliance or a
certificate of exemption issued in accordance with this Title. Any RMF housing unit which is ordered
to be demolished by any public agency, including the city, as a result of damage caused by civil
commotion or natural disaster shall not be subject to the terms of this Title. A certificate of
compliance or a certificate of exemption shall be issued by the city's housing designee only after the
owner has complied with the provisions hereof. This Title shall not apply to the demolition or
converted use of any RMF housing unit owned by the City of Aspen, the Aspen/Pitkin County
Housing Authority, or any public development authority.
26.530.040 Certificate of compliance/exemption.
Any owner, as a condition of receiving a permit from the Community Development
Department for the purpose of demolishing or enlarging any multi -family dwelling unit, must first
obtain a certificate of compliance or a certificate of exemption from the requirements of this Title.
A. Certificate of compliance. In order to obtain a certificate of compliance, the owner shall:
1. Submit to the housing designee a statement, on a form to be provided by the city,
certifying the number of RMF housing units and bedrooms to be lost as a result of
demolition and the net residential area to be lost by the demolition.
2. Where required, secure necessary land use approvals and permits for the replacement
housing to be built on the site of the demolished or enlarged building or on such other
location as may be approved.
3. Execute a housing replacement agreement setting forth the terms and conditions upon
which replacement housing will be provided and either operated or sold, which
agreement shall be recorded in the records of the Clerk and Recorder of Pitkin County.
The obligation to provide replacement housing as set forth in the agreement shall be
secured by a bond, letter of credit, or other security acceptable to the city.
B. Certificate of exemption. In order to obtain a certificate of exemption, the owner must
submit a statement certifying that the dwelling unit is exempt from the provisions of this
Title, the basis upon which exemption is claimed, and such additional documentation as
may be required by the housing designee in order to establish the exemption. If the
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Section 26.530.040
housing designee is satisfied that the dwelling unit is exempt from the provisions of this
Title, a certificate of exemption shall be issued.
C. Procedure. A certificate of compliance or certificate of exemption shall be obtained prior
to the submission of a development application.
D. Appeals. Any person aggrieved by a decision of the housing designee in the administration
of this Title may appeal such decision to the Aspen City Council in accordance with the
appeal procedures set forth at Chapter 26.316.
26.530.050 Dousing replacement requirements.
A. Minimum replacement requirement. In the event of the demolition of resident multi -family
housing, the owner shall be required to construct replacement housing consisting of no less than fifty
(50) percent of the square footage of net residential area demolished or converted. The replacement
housing shall be configured in such a way as to replace fifty (50) percent of the bedrooms that are lost
as working resident housing by demolition. A minimum of fifty (50) percent of the replacement
housing shall be above natural grade. The replacement housing shall be deed restricted as affordable
housing in accordance with the requirements of section 26.530.060, below.
B. Location of replacement housing. Multi -family replacement units shall be developed on the
same site on which demolition has occurred, unless the owner shall demonstrate that replacement of
the units on -site would be incompatible with adopted neighborhood plans or would be an
inappropriate planning 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 City
Council determines that the site can accommodate and may replace the remaining .units off -site,
within the Aspen Metropolitan Area. When the owner's housing replacement requirements involves a
fraction of a unit, cash in lieu may be provided to meet the fractional requirement only. The amount
of a cash -in -lieu shall be computed using the formula set forth at Section 26.620.020.
C. Timing and quality of replacement unit. Replacement units shall be available for occupancy
at the same time as the new unit or units, regardless of whether the replacement units are built on -site
or off -site, and shall contain fixtures, finish and amenities required by the housing designee's
guidelines. When replacement units are proposed to be built off -site, the owner shall be required to
obtain a development order approving the off -site development prior to or in conjunction with
obtaining a development order approving redevelopment on the site on which demolition is proposed
to take place.
26.530.060 Rental and resale restrictions.
Replacement units shall be deed restricted in a form and substance acceptable to the City
Council. Such deed restricted units may only be rented or sold to tenants or buyers who meet the
city's qualifications in effect at the time of sale or rental, and at sale prices or rental rates which are
also in compliance with the city's current regulations. The owner shall be entitled to select tenants or
purchasers subject to, the aforementioned qualifications. The mix of affordable housing units, as
between category affordable housing and resident occupied, may be determined
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Section 26.530.060
by the owner, provided that no less than twenty (20) percent of the bedrooms qualify as category 1
and 2 units and no more than twenty (20) percent of the units are available as resident occupied units.
26.530.070 Enforcement.
Any person who violates any provision of this Chapter including violation of any provision of
a deed restriction executed for the benefit of the City of Aspen or the city's housing designee in
compliance with this Chapter shall be liable to the criminal and/or civil penalties and remedies set
forth at Section 26.104.040.
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Section 26.575.010
Chapter 26.575
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Sections:
26.575.010
General.
26.575.020
Calculations and measurements.
26.575.030
Open space.
26.575.040
Yards.
26.575.045
Junk yard and service yards.
26.575.050
Fences.
26.575.060
Utility/trash service areas.
26.575.070
Use square footage limitations.
26.575.080
Child care center or home.
26.575.090
Home occupations.
26.575.100
Landscape maintenance.
26.575.110
Building envelope.
26.575.120
Satellite dishes.
26.575.130
Lighting.
26.575.140
Accessory uses and accessory structures.
26.575.150
Kitchens in lodge units.
26.575.160
Dormitory.
26.575.170
Fuel storage tanks.
26.575.180
Restaurant.
26.575.190
Farmers' Market.-
26.575.200
Group Homes.
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. The purpose of this Section is to set forth
supplemental regulations which relate to methods for calculating and measuring certain enumerated
terms as used in this Title. The definitions of the terms are set forth at Section 26.104.100.
A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the
following applies:
1. General. In measuring floor area for the purposes of calculating floor area ratio and
allowable floor area, there shall be included that floor area within the surrounding
exterior walls (measured from their exterior surface) of a building, or portion thereof.
2. Decks, Balconies, Parches, Loggias and Stairways. The calculation of the floor area of
a building or a portion thereof shall not include decks, balconies, exterior
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Section 26.575.020
stairways, terraces and similar features, unless the area of these features is greater than
fifteen percent of the maximum allowable floor area of the building (the excess of the
15% shall be included). Porches shall not be counted towards FAR..
3. Garages, Carports and Storage. In all zone districts except the R15-B zone
district, for the purpose of calculating floor area ratio and allowable floor area for a lot
whose principal use is residential, garages, carports and storage areas shall be excluded
up to a maximum area of two hundred fifty (250) square feet per dwelling unit; all
garage, carport and storage areas between two hundred fifty (250) and five hundred
(500) square feet shall count 50% towards allowable floor area; all garage, carport and
storage areas in excess of five hundred (500) square feet per dwelling unit shall be
included as part of the residential floor area calculation. For any dwelling unit which
can be accessed from an alley or private. road entering at the rear or side of the dwelling
unit, the garage shall only be excluded from floor area calculations up to two hundred
fifty (250) square feet per dwelling unit if it is located on said alley or road; all garage,
carport and storage areas between two hundred fifty (250) and five hundred (500) square
feet shall count 50% towards allowable floor area. For purposes of determining the
exclusion, if any, applicable to garages, carports, and storage areas, the area of all such
structures on a parcel shall be aggregated. In the R15-B zone district, garage, carport,
and storage areas shall be limited to a five hundred (500) square foot exemption.
4. Subgrade areas. To determine the portion of subgrade areas that are to be included in
calculating floor area, the following shall apply:
Partially exposed subgrade areas. For any story that is partially above and partially
below natural or finished grade, whichever is lower, the total percentage of exterior
surface wall area that is exposed above the most restrictive of the grades shall be the
total percentage of the gross square footage of the subject story included in the floor
area calculation. Subgrade stories with no exposed exterior surface wall area shall be
excluded from floor area calculations.
(Example: If 15% of the exterior surface wall area has been exposed above natural or
finished grade (whichever is lower), then 15% of the gross square footage of the
subject story will be included as floor area.)
5. Volume. Floor area ratio and allowable floor area for a residential building or portion
thereof shall include a calculation based on the relationship between every instance of
the exterior expressions and interior plate heights. All interior areas that include exterior
expression of a plate height greater than ten (10) feet shall be counted as two (2) square
feet per each square footage of actual floor area. Exterior expression shall be defined as
facade penetrations between nine (9) and twelve (12) feet above the elevation of the
finished floor, and circular, semi -circular or non -orthogonal facade penetrations
between nine (9) and fifteen (15) feet above the level of the finished floor.
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Section 26.575.020
6. Accessory Dwelling . For the purpose of calculating floor area ratio and allowable floor
area for a lot whose principal use is residential, the following shall apply:
The allowable floor area of an attached accessory dwelling unit shall be excluded up to a
maximum of three hundred fifty (350) square feet of allowable floor area or fifty (50)
percent of the size of the accessory dwelling unit whichever is less. This floor area
exclusion provision shall only apply to accessory dwelling units which are subject to
conditional use review and approval pursuant to Section 26.425 of this code. In addition,
the units shall be deed restricted, registered with the Aspen/Pitkin County Housing
Authority, and rented to an eligible working resident of Pitkin County. The owner shall
retain the right to select the renter for the unit.
The floor area of a detached accessory dwelling unit separated from a principal structure by
a distance of no less than ten (10) feet with a maximum footprint of four hundred fifty
(450) square feet, shall be excluded up to a maximum of three hundred fifty (350) square
feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit
whichever is less. This floor area exclusion provision shall only apply to accessory
dwelling units which are subject to conditional use review and approval pursuant to
Section 26.425 of this code. In addition, the unit shall be deed restricted, registered with
the Aspen/Pitkin County Housing Authority, and available for rental to an eligible working
resident of Pitkin County. The owner shall retain the right to select the renter for the unit.
T . Linked Pavilion. An element linking a principal structure to an accessory structure shall
not be included in the calculation of floor area provided that the linking structure is no
more than one (1) story tall, six (6) feet wide, and ten (10) feet long. Areas of linking
structures in excess of ten feet in length shall be counted in floor area.
B. Building Heights.
1. Methods of Measurement Lor VaryingVarytng Tv es o Roo s.
a. Flat Roofs or Roofs With a Slope of Less Than 3:12. The height of the building shall
be the maximum distance measured vertically from the natural or finished grade,
whichever is lower, to the top or ridge of a flat, mansard, or other roof with a slope of
less than 3:12.
b. Roofs With a Slope From 3:12 to 7:12. For roofs with a slope from 3:12 to 7:12,
height shall be measured vertically from the natural or finished grade, whichever is
lower, to the mean height between the eave point and ridge of a gable, hip, gambrel
or other similar pitched roof. The ridge of a gable, hip, gambrel, or other pitched roof
shall not extend over five feet above the maximum height limit.
C. Roofs With a Slope of 8:12 or Greater. For roofs with a slope of 8:12 or greater,
height shall be measured vertically from the natural or finished grade, whichever is
lower, to a point one-third (1/3) of the distance up from the eave point to the ridge.
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Section 26.575.020
There shall be no limit on the height of the ridge. Chimneys and other appurtenances
may extend up to a maximum of two (2) feet above the ridge.
d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents or
similar structures shall not extend over ten (10) feet above the specified maximum
height limit, except for roofs with a pitch of 8:12 or greater, these elements may not
extend more than two (2) feet above the ridge. Water towers and mechanical
equipment shall not extend over five (5) feet above the specified maximum height
limit. Church spires, bell towers and like architectural projections, as well as flag
poles, may extend over the specified maximum height limit.
2. Exceptions for Buildings on Slopes. The maximum height of a building's front (street
facing) facade may extend for the first thirty (30) feet of the building's depth.
3. Exceptions for Areaways, Lightwells and Basement Stairwells. An areaway, lightwell or
basement stairwell of less than one hundred (100) square feet, entirely recessed behind
the vertical plane established by the portion of the building facade which is closest to
the street, and enclosed on all four sides to within eighteen (18) inches of the first floor
level shall not be counted towards maximum permissible height.
C. Lot Area. Except in the R15-B zone district, when calculating floor area ratio, lot areas
shall include only areas with a slope of less than 20%. In addition, half (.50) of lot areas
with a slope of 20-30% may be counted towards floor area ratio; areas with slopes of
greater than 30% shall be excluded. The total reduction in FAR attributable to slope
reduction for a given site shall not exceed 25%.
Also excluded from total lot area for the purpose of floor area calculations in all zone
districts is that area beneath the high water line of a body of water and that area within a
vacated right-of-way, or within an existing or proposed dedicated right-of-way or surface
easement. Lot area shall include any lands dedicated to the City of Aspen or Pitkin County
for the public trail system, any open irrigation ditch, or any lands subject to an above
ground or below ground surface easement such as utilities that do not coincide with road
easements. When calculating density, lot area shall have the same exclusions and
inclusions as for calculating floor area ratio except for exclusion of areas of greater than
20% slope.
D. 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. Porches, roofs, or balcony overhangs, cantilevered building elements
and similar features extending directly over grade shall be excluded from maximum
allowable site coverage calculations.
26.575.030 Open Space.
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Section 26.575.020
A. Standards for open space. Development which is required to provide open space shall
comply with the following provisions:
1. Open to View. Open space areas shall be open to view from the street at pedestrian
level, which view need not be measured at right angles. Fences or walls shall only be
permitted within or around the perimeter of open space if such structures shall permit
views from the street into and throughout the open space.
2. Exclusion. Open space areas shall not include storage areas, utility/trash service areas,
rear access area, parking areas or structures of any type, except as specifically provided
for herein. Vacated rights -of -way shall be excluded from open space calculations as
well.
3. Minimum Frontage. The open space shall have a minimum frontage on the street, or if
there is no street, on the public right-of-way, of one-half (1/2) of the length of the lot
line on that side of the building site, or one hundred (100) feet, whichever is less.
4. Minimum Depth. The minimum depth of the open space which is open to a street shall
be ten (10) feet measured at right angles from the front lot line.
5. Grade Limitations. Required open space shall not be more than four (4) feet above or
two (2) feet below the existing grade of the street which abuts the open space, unless the
open space shall follow undisturbed natural grade, in which case there shall be no limit
on the extent to which it is above or below the existing grade of the street.
6. Pedestrian Links. In the event that the City of Aspen shall have adopted a trail plan
incorporating mid -block pedestrian links, any required open space must, if the city shall
so elect, be applied and dedicated for such use.
7. Landsca in Plan.. Prior to issuance of a building permit, the chief building official
shall require site plans and drawings of any required open space area, including a
landscaping plan, and a bond in a satisfactory form and amount to insure compliance
with any open space requirements under this title.
8. Maintenance of Landscaping. Whenever the landscaping required herein is not
maintained, the chief building official, after thirty (30) days written notice to the owner
or occupant of the property, may revoke the certificate of occupancy until said party
complies with the landscaping requirements of this section.
9. Commercial Activity. No area of a building site designated as required open space under
this section shall be used for any commercial activity, including, but not limited
to, the storage, display, and merchandising of goods and services; provided, however,
that the prohibition of this subsection shall not apply when such use is in conjunction
with permitted commercial activity on an abutting right-of-way.
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Section 26.575.040
10. Commercial Restaurant Use. The provisions above notwithstanding, required open
- space may be used for commercial restaurant use if the Planning and Zoning
Commission shall determine that such use is compatible with or enhances the purposes
of these open space requirements and that adequate pedestrian and emergency vehicle
access will be maintained. Trellis structures shall only be proposed in conjunction with
commercial restaurant uses on a designated Historic Landmark or within (H) Historic
overlay zones and must be approved by the Historic Preservation Commission pursuant
to review requirements contained in Chapter 26.415 and the Community Development
Director pursuant to Section 26.470.060(A)(2)(a)(1). Such approved structures shall not
be considered as floor area or a reduction in open space on the parcel.
B. Reduction of required open space in the Commercial Core (CC) zone district. The
Commercial Core (CC) zone district requires that building sites within the zone district
provide at least 25% of open space, unless the Planning and Zoning Commission, by
special review (See Chapter 26.430), approves a reduction. A reduction of the required
open space may be approved by the Planning and Zoning Commission only if:
1. The applicant demonstrates that the provision of less than the required amount of open
space on -site will be more consistent with the character of surrounding land uses than
would be the provision of open space according to the standard. In making this finding,
the Planning and Zoning Commission may consider the following:
a. It may be appropriate to have open space on the site when the building is located on a
street comer.
b. The open space can be linked to neighboring pedestrian amenities.
C. The open space provides relief intended to maintain the prominence of an adjacent
historic landmark.
d. The open space is intended for a particular functional purpose, such as dining or the
protection of an existing tree.
e. It may be inappropriate to have open space on the site when other buildings along the
street front are built to the property line, especially along public malls, or when the
open space is configured in such a manner as to serve no public purpose.
2. Payment in lieu. When the Planning and Zoning Commission determines open space is
inappropriate on the site, it may reduce or waive the requirement if the applicant shall
make a payment -in -lieu according to the following formula:
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Section 26.575.040
a. Appraised value. The appraised value of the property shall be determined by the
submission of a current appraisal performed by a qualified professional real estate
appraiser and verified by the Community Development Director.
b. Payment due. The payment -in -lieu of open space shall be due and payable at the
time of issuance of a building permit. The Planning and Zoning Commission may
allow the required payment -in -lieu to be amortized in equal payments over a period
of up to five years, without interest.
C. Restrictions on use of funds. All funds collected shall be transferred by the
Community Development Director to the Finance Director for deposit in a separate
interest bearing account. Monies in the account shall be used solely for the purchase
or development of land for open space, pedestrian or recreational purposes within or
adjacent to the Commercial Core (CC) zone district.
d. Refunds. Fees collected pursuant to this section may be returned to the then present
owner of property for which a fee was paid, including any interest earned, if the fees
have not been spent within seven (7) years from the date fees were paid, unless the
City Council shall have earmarked the funds for expenditure on a specific project, in
which case the City Council may extend the time period by up to three (3) more
years. To obtain a refund, the present owner must submit a petition to the Finance
Director within one (1) year following the end of the seventh (7th) year from the date
payment was received.
For the purpose of this section, payments shall be spent in the order in which they are
received. Any payment made for a project for which a building permit is canceled,
due to non -commencement of construction, may be refunded if a petition for refund
is submitted to the finance director within three (3) months of the date of the
cancellation of the building permit. All petitions shall be accompanied by a
notarized, sworn statement that the petitioner is the current owner of the property and
by a copy of the dated receipt issued for payment of the fee.
3. Waiver by Historic Preservation Commission. The Historic Preservation Commission
may waive the requirements of this section when the Historic Preservation Commission
approves the on -site relocation of an Historic Landmark into required open space, such
that the amount of open space on -site is reduced below that required by this Title.
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Part 500 — Supplemental Regulations Section 26.575.040
26.575.040 Yards. The following supplemental regulations shall apply to all yards.
A. Projections Into Required Yards. Yards shall be unobstructed from the ground to the sky
except for the following allowed projections:
1. Euildin eaves --Eighteen (18) inches;
2. Architecturalprojections-- Eighteen (18) inches;
3. Individual balconies not utilized as a passageway (provided they do not project more
than one-third (1/3) the distance from the exterior wall to the property line) --Four (4)
feet;
4. Fire escapes required by the Uniform Building Code --Four (4) feet;
5. Uncovered vorches, slabs atlas walks retaining walls steps and similar structures,
which do not exceed thirty (30) inches above or below natural grade, shall be permitted
to project into the yard without restriction. Projections may exceed thirty (30) inches
below grade if determined to be required by the chief building official for window
egress.
6. Fences, hedves, berms and walls less than six (6) feet in height, as measured from
natural grade, are permitted in all required yard setbacks. (See, Supplementary
Regulations - Section 26.575.050, Fences.).
7. Driveways Driveway access shall not exceed a depth or height greater than twenty-four
(24) inches above or below grade within the required front yard setback. Within all
other required setbacks, driveway access shall not exceed a depth or height greater than
thirty (30) inches above or below grade. Parking is only permitted within required
setbacks if it is in an approved driveway or other area approved for parking.
8. Exterior merchandi in . Exterior merchandizing in non-residential zone districts shall
be prohibited in all required yard set backs.
B. Required Yards Adjacent to Private Roads. All required yard setbacks under zone district
regulations are based on distance measured from the right-of-way line of a dedicated public
way. Where there is no public dedication and the lot line extends to the centerline of the
right-of-way, the required yard setback shall equal the distance specified under zone district
regulations, plus an additional distance equal to one-half (1/2) of the right-of-way width as
if such private way were dedicated for public use.
C. Corner Lots. On a lot bordered on two (2) sides by intersecting streets, the owner shall
have a choice as to which yard shall be considered as the front yard, such yard to meet
minimum setbacks for a front yard in that zone district. The remaining yard bordering a
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Section 26.575.040
street may be reduced by one-third (1/3) of the required front yard setback distance for the
zone district. The rear yard must coincide with the rear alignment of neighboring lots
regardless of which yard is considered the front yard by the owner.
D. Transitional Yards. Where two (2) lots which share a common side lot line are in different
zone districts, the lot in the more intensive zone district shall observe the required yard
setback distance as established for the less intensive use zone district.
E. Non -Aligned Lots. For any lot in the R-6 zone district in excess of nine thousand (9,000)
square feet which is not aligned along the traditional Aspen Townsite lot lines, the building
inspector shall measure the side yards from the two (2) shortest sides of the lot which are
opposite from each other and the front and rear yards from the two (2) longest sides of the
lot which are opposite from each other.
26.575.045 Junk Yard and Service Yards. Junk yards (see definition, Section 25.104.100) shall be
screened from the view of other lots, structures, uses and rights -of -way. Service yards (See definition,
Section 26.104.100) shall be fenced so as not to be visible from the street, and such fences shall be a
minimum six (6) feet high from grade. All fences shall be of sound construction and shall have not
more than ten (10) percent open area.
26.575.050 Fences. Fences shall be permitted in every zone district provided that no fence shall
exceed six (6) feet above natural grade. Fences visible from the public right-of-way shall be
constructed of wood, stone, wrought iron or masonry. On corner lots, no fence, retaining wall, or
similar object shall be erected or maintained which obstructs the traffic vision, nor on corner lots shall
any fence, retaining wall, or similar obstruction be erected or maintained which exceeds a height of
forty-two (42) inches, measured from street grade, within 30 feet from the paved or unpaved roadway.
Plans showing proposed construction, material, location and height shall be presented to the building
inspector before a building permit for a fence is issued. Additionally, foliage shall be placed and
maintained so that it will not obstruct vehicular visibility at intersections.
26.575.060 Utility/trash service areas.
A. General. The following provisions shall apply to all utility/trash service areas:
1. All utility/trash service areas shall be fenced so as not to be visible from the street, and
such fences shall be six (6) feet high from grade. All fences shall be of sound
construction and shall be no less than 90% opaque.
2. Whenever this Title shall require that a utility/trash service area be provided abutting an
alley, buildings may extend to the rear property line if otherwise allowed by this title
provided that an open area be provided which shall be accessible to the alley, and which
meets the dimensional requirements of Chapter 26.480.
3. A minimum of fifteen (15) linear feet of the utility/trash service area shall be reserved
for box storage, utility transformers or equipment, or building access, and a minimum
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Section 26.575.060
of five (5) linear feet of the utility/trash service area shall be reserved for trash facilities,
unless the dimensions of the area are authorized to be reduced by the Planning and
Zoning Commission by special review (see Chapter 26.430) and in accordance with the
standards set forth below at Section 26.575.060(B).
B. Review standards for reduction of dimensions. The Planning and Zoning Commission
may reduce the dimensions of a utility/trash service area by following the special review
procedures set forth at Chapter 26.430 if:
1. There is a demonstration that given the nature of the potential uses of the building
and its total square footage, the utility/trash service area proposed to be provided will
be adequate.
2. Access to the utility/trash service area is adequate.
3. Measures are provided for enclosing trash bins and making them easily movable by
trash personnel.
4. When appropriate, provisions for trash compaction are provided by the proposed
development and measures are taken to encourage trash compaction by other
developments on the block.
5. The area for public utility placement and maintenance is adequate and safe for the
placement of utilities.
6. Adequate provisions are incorporated to ensure the construction of the access area.
26.575.070 Use square footage limitations.
Within the Commercial Core (CC), Commercial (C-1), and Service/Commercial/Industrial
(S/C/I) zone districts, all permitted and conditional commercial businesses shall be restricted to the
following maximum net leasable commercial and office space:
A. 3,000 square feet. The following and similar uses shall be limited to three thousand (3,000)
square feet in net leasable commercial and office space: Antique shop; art supply; bakery;
bookstore; camera shop; candy, tobacco or cigarette shop; catalogue store; drug store;
florist shop; gift shop; hobby shop; jewelry shop; key shop; liquor store; pet shop;
photography shop; stationery store; dry cleaning; pickup station; barber and beauty shop;
small appliance store; art gallery; decorator shop; seamstress; laundromat; tailor; shoe
repair shop; radio and TV broadcasting stations; rental, repair and wholesaling, provided
they are accessory uses; electrical and plumbing service shops; automobile washing
facility; pharmacies; art studio; and catering service.
B. 6,000 square feet. The following and similar uses shall be limited to six thousand (6,000)
square feet in net leasable commercial and office space: Drugstore (including pharmacy);
equipment rental, storage and repair; shop craft industry; fabrication and
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Section 26.575.070
repair and building materials; sporting goods store; variety shop; professional offices; and
major appliance stores.
C. 9,000 square feet. The following and similar uses shall be limited to nine thousand (9,000)
square feet in net leasable commercial and office space: Service station and restaurant.
D. 12,000 square feet. The following and similar uses shall be limited to twelve thousand
(12,000) square feet in net leasable commercial and office space: Vehicle sales; builder
supply yard; lumber yard; dry cleaning plant and laundry; manufacture and repair of
sporting goods; printing and publishing plant; furniture store; carpet and floor covering
store; financial institutions; and food market.
E. 20,000 square feet. The following and similar uses shall be limited to twenty thousand
(20;000) square feet in net leasable commercial and office space: Warehousing and storage.
F. Retail sales areas. All of the square footage limitations on use shall not restrict the square
footage of the total retail sales areas in these zone districts, or any buildings occupied by
any combination of more than one of the above uses; provided, however, that any business
enumerated above, of the same type which occur individually or jointly in a single structure
or combination of structures situated upon a single tract of land under the same ownership,
shall be considered one business and together restricted to the maximum net leasable
commercial and office space provided in this section.
26.575.080 Child care center.
A. A day care center shall provide one off-street parking space per employee, a child
loading/unloading area of adequate dimensions, preferably off-street, and adequately sized
indoor and outdoor play areas and shall maintain minimum hours of operation of 7:30 a.m.
to 5:30 p.m. from Monday through Friday.
B. A facility which provides regular supervision -and care of five (5) or fewer children per day
shall be considered a family day care home, and shall be allowed as an accessory use,
subject to the following:
1. If the family day care home is developed in conjunction with a residential use, it shall
meet the requirements of a home occupation.
2. If the family day care home is developed in conjunction with an institution or business,
it shall be limited to use by the children of the employees or guests of that institution or
business and shall provide one off-street parking space.
26.575.090 Home occupations. To meet the definition of a home occupation, a home occupation
must comply with each of the following:
A. Is clearly incidental and secondary to the residential use of the building;
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B. Does not change the essential residential character of the use;
C. Employs no more than one person who is a nonresident of the building;
D. Operates pursuant to a valid occupational license for the use held by the resident of the
dwelling unit;
E. Is confined to no more than fifty (50) percent of the total floor area of the main level floor
of the dwelling;
F. Does not advertise, display, or otherwise indicate the presence of the home occupation on
the premises other than as provided in Chapter 26.510;
G. Does not sell any stock in trade, supplies or products on the premises;
H. Does not store outside of the dwelling any equipment or materials used in the home
occupation;
I. Does not utilize mechanical, electrical or other equipment or items which produce noise,
electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor or other
nuisance outside the residential building or accessory structure;
L Provides off-street parking to accommodate the needs of the home occupation; and
K. Does not include any of the following uses as a home occupation: antique shop, barber
shop, beauty parlor, health or medical clinic, mortuary, nursing home, restaurant,
veterinarian's clinic or dancing studio.
26.575.100 Landscape maintenance. Landscaping shown on any approved site development plan
shall be maintained in a healthy manner for a minimum three (3) year period from the date of the
receipt of the financial assurance referenced below. In the event that plant material dies, the owner of
the property shall replace the plant material with similar quality within forty-five (45) days of
notification by the Community Development Director. If seasonal constraints do not allow planting of
the approved plant material within forty-five (45) days the owner may in writing seek permission
from the Community Development Director to:
1. Provide financial assurances equal to one hundred twenty (120) percent of the
amount of the replacement landscaping and installation costs as approved by the
Parks Department, and in a form satisfactory to the City Attorney. The completion of
the landscape replacement shall be accomplished no later than June 15 of the next
planting season, otherwise the financial assurances shall be forfeited to the city.
2. Submit for approval a revised landscape plan.
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26.575.110 Building envelopes.
Approved plantings of landscape materials on natural grade and approved walkways and
driveways may occur outside of a building envelope. Otherwise, all areas outside of a building
envelope shall remain in pristine and untouched condition unless approved by the Community
Development Director.
For purposes of site specific development plans, building envelopes may be established to
restrict development to protect slopes, important vegetation, water courses, privacy or other
considerations. Building envelopes shall be described on recorded plats, site, specific development
plans, ordinances, resolutions, and building permit site plans. Building envelopes required or
designated as part of a development approval shall be depicted on the applicable plat, site plan, site
specific development plan, map or building permit.
26.575.120 Satellite dish antennas.
A. Satellite dish antennas twenty-four (24) inches in diameter or more must receive building
permits, if required, prior to installation. Prior to the issuance of appropriate building
permits, satellite dish antennas greater than twenty-four (24) inches in diameter shall be
reviewed and approved by the Community Development Director in conformance with the
following criteria:
1. Use. The proposed use is consistent and compatible with the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or enhances
the mixture of complimentary uses and activities in the immediate vicinity of the parcel
proposed for development.
2. Location, size, and deXi i. The location, size, design and operating characteristics of the
proposed use minimizes adverse effects, including visual impacts, impacts on peddstrian
and -vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on
surrounding properties.
3. Area and Bulk Requirements. The installation of a satellite dish antenna shall not cause
a violation of area and bulk requirements within the zone district in which it is located,
unless a variance is granted by the Board of Adjustment.
4. Right-of-way. A satellite dish antenna shall not be placed on an easement or in the city
right-of-way, unless an encroachment permit is secured.
5. Increased Danger. The installation of a satellite dish antenna shall not cause any
increased danger to neighboring property in the event of collapse or other failure of the
antenna structure.
6. Visual Impact. The visibility of the dish from the public way shall be reduced to the
highest degree practical including, but not limited to, sensitive choice in placement of
the dish, screening with fencing, landscaping, subgrade placement, or any other effective
means that both screen the dish and does not appear to be unnatural on the site.
B. Conditions. The Community Development Director may apply reasonable conditions to the
approval deemed necessary to insure conformance with said review criteria. If the
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Community Development Director determines that the proposed satellite dish antenna does
not comply with the review criteria and denies the application, or the applicant does not
agree to the conditions of approval determined by the Community Development Director,
the applicant may apply for conditional use review by the Planning and Zoning
Commission.
C. Procedures. Procedures established in Chapter 26.304, Common Development Review
Procedures, shall apply to all satellite dish antennas.
26.575.130 Wireless Telecommunication Services Facilities and Equipment
A. Intent and Purpose. To provide design standards for cellular communication facilities in
order to ensure their compatibility with surrounding development. The unique and diverse
landscapes of the City of Aspen are among its most valuable assets. Protecting these assets
will require that location and design of wireless communication services facilities and
equipment be sensitive to, and in scale and harmony with, the character of the community.
The purpose of these regulations is to provide predictable and balanced standards for the siting
and screening of wireless telecommunication services facilities and equipment on property
within the jurisdiction of the City of Aspen in order to:
1. Preserve the character and aesthetics of areas which are in close proximity to wireless
telecommunication services facilities and equipment by minimizing the visual, aesthetic
and safety impacts of such facilities through careful design, siting and screening;
2. Protect the health, safety and welfare of persons living or working in the area surrounding
such wireless telecommunication services facilities and equipment from possible adverse
environmental effects (within the confines of the Federal Telecommunications Act of
1996) related to the placement, construction or modification of such facilities;
3. Provide development which is compatible in appearance with allowed uses of the
underlying zone;
4. Facilitate the City's permitting process to encourage fair and meaningful competition and,
to the greatest extent possible, extend to all people in all areas of the City high quality
wireless telecommunication services at reasonable costs to promote the public welfare;
and,
5. Encourage the joint use and clustering of antenna sites and structures, when practical, to
help reduce the number of such facilities which may be required in the future to service
the needs of customers and thus avert unnecessary proliferation of facilities on private and
public property.
B. Applicability. All applications for the installation or development of wireless
telecommunication services facilities and/or equipment must receive building permits, prior to
installation. Prior to the issuance of appropriate building permits, wireless telecommunication
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Section 26.575.130
services facilities and/or equipment shall be reviewed for approval by the Community
Development Director in conformance with the provisions and criteria of this Section.
Wireless telecommunication services facilities and equipment subject to the provisions and
criteria of this Section include 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. These provisions and criteria do not apply to non-commercial
satellite dish antennae, radio and television transmitters and antennae incidental to residential
use. All references made throughout this Section, to any of the devices to which this Section
is applicable, shall be construed to include all other devices to which this Section, 26.575.130,
is applicable.
C. Procedure. Pursuant to Section 26.304.020, the applicant shall conduct a pre -application
conference with staff of the Community Development Department. The planner shall then
prepare a pre -application summary describing the submission requirements and any other
pertinent land use material, the fees associated with the review(s), and the review process in
general.
After the pre -application summary is received by the applicant, said applicant shall prepare an
application for review and approval by staff and the Community Development Director,
respectively. In order to proceed with additional land use reviews or obtain a Development
Order, the Community Development Director shall find the submitted development
application consistent with the provisions, requirements and standards of this Chapter.
The Community Development Director may apply reasonable conditions to the approval as
deemed necessary to insure conformance with applicable review criteria. If the Community
Development Director determines that the proposed wireless telecommunication services
facilities and equipment does not comply with the review criteria and denies the application,
or the applicant does not agree to the conditions of approval determined by the Community
Development Director, the applicant may apply for conditional use review by the Planning
and Zoning Commission and such application must be made within fifteen (15) calendar days
of the day on which the Community Development Director's decision is rendered.
Proposals for the location of wireless telecommunication services facilities or equipment on
any historic site or structure, or within any historic district shall be reviewed by the City's
Historic Preservation Commission (HPC). Review of applications for wireless
telecommunication services facilities and/or equipment by the HPC shall replace the need for
review by the Community Development Director. Likewise, if the Historic Preservation
Commission determines that the proposed wireless telecommunication services facilities and
equipment does not comply with the review criteria and denies the application, or the
applicant does not agree to the conditions of approval determined by the Historic Preservation
Commission, the applicant may appeal the decision to the City Council and such appeal must
be filed within fifteen (15) calendar days of the day on which the Historic Preservation
Commission's decision is rendered.
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All appeals shall require public hearings, and shall be noticed by the applicant in accordance
with Section 26.304.060(E)(3)(a), (b), and (c) of the Municipal Code.
A building permit application cannot be filed unless and until final land use approval has been
granted and a Development Order has been issued. When applying for building permit(s), the
applicant shall submit a signed letter acknowledging receipt of the decision granting land use
approval and his/her agreement with all conditions of approval, as well as a copy of the signed
document granting the land use approval for the subject building permit application.
D. Application. An application for approval of new, modified or additional wireless
telecommunication services facilities and/or equipment shall comply with the submittal
requirements applicable to conditional use reviews pursuant to Chapter 26.304, Common
Development Review Procedures, and Chapter 26.425, Conditional Uses, of the Aspen
Municipal Code. Also, wireless telecommunication services facilities and equipment
applications shall contain at least the following additional information:
1. Site Plan or plans drawn to a scale of one (1 ") inch equals ten (10') feet or one (1 ") inch
equals twenty (20') feet, including before and "after" photographs (simulations) specifying
the location of antennas, support structures, transmission buildings and/or other accessory
uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses
within one -hundred fifty (150') feet. Such plans and drawings should demonstrate
compliance with the Review Standards of this Section.
2. Site Improvement Survey including topography and vegetation showing the current status,
including all easements and vacated rights of way, of the parcel certified (wet ink signed
and stamped, and dated within the past twelve (12) months) by a registered land surveyor,
licensed in the State of Colorado.
3. Landscape Plan drawn to a scale of one (1 ") inch equals ten (10') feet or one (1 ") inch
equals twenty (20') feet, including before and "after" photographs (simulations) indicating
size, spacing and type of plantings, and indicating steps to be taken to provide screening as
required by the Review Standards of this Section. The landscape plan(s) shall also
indicate the size, location and species of all existing vegetation and whether each of those
indicated are proposed for removal (indicate proposed mitigation), relocation (indicate
from and to), or preservation. The planner can determine if a landscape plan is necessary;
for instance, when an antenna is to be attached to a building, this requirement may be
waived.
4. Elevation drawings or before and "after" photographs/drawings simulating and specifying
the location and height of antennas, support structures, transmission building(s) and/or
other accessory uses, fences, and signs.
5. Lighting plan and photometric study indicating the size, height, location and wattage of all
proposed outdoor lighting sources. This study must also include a graphic indicating the
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Section 26.5.75.130
spread and degree/intensity of light from each source/fixture. This requirement can be
waived by the Community Development Director if little or no outdoor lighting is
proposed.
6. Structural Integrity Report from a professional engineer licensed in the State of Colorado
documenting the following:
a. Tower height and design, including technical, engineering, economic, and other
pertinent factors governing selection of the proposed design;
b. Total anticipated capacity of the structure, including number and types of antennas
which can be accommodated;
c. Failure characteristics of the tower and demonstration that site and setbacks are of
adequate size to contain debris in the event of failure; and,
d. Specific design and reconstruction plans to allow shared use. This submission is
required only in the event that the applicant intends to share use of the facility by
subsequent reinforcement and reconstruction of the facility.
7. FAA and FCC Coordination. Statements regarding the regulations of the Federal Aviation
Administration (FAA) and the Federal Communications Commission (FCC), respectively,
that:
a. (Required only if the facility is near an airfield) the application has not been found to
be a hazard to air navigation under Part 77, Federal Aviation, Federal Aviation
Regulations, or a statement that no compliance with Part 77 is required, and the
reasons therefor. A letter from the Sardy Field Airport Administrator will also be
required if the Community Development Director determines that the proposed facility
may impact airport operations;
b. (Required of all wireless telecommunication services facility or equipment applicants)
the application complies with the regulations of the Federal Communications
Commission with regard to maximum radio frequency and electromagnetic frequency
emissions, or a statement from the applicant that no such compliance is necessary, and
the reasons therefor.
8. Evidence that an effort was made to locate on an existing wireless telecommunication
services facility site including coverage/ interference analysis and capacity analysis and a
brief statement as to other reasons for success or no success.
9. Written documentation in the form of a signed affidavit demonstrating a good faith effort
in locating facilities in accordance with Site Selection Order of Preference outline below.
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10. All companies and providers of wireless telecommunication service facilities and
equipment within the City shall, during their pre -application conference for a new facility,
be prepared to verbally outline, to the best of current knowledge, a master or long-term
plan for all proposed sites within a three-mile radius of the City. In particular, companies
and providers should be prepared to discuss their need for the proposed site and how it fits
into their existing and proposed coverage grids.
E. General Provisions and Requirements. The following provisions apply to all wireless
telecommunication services facilities and equipment applications, sites, and uses.
1. Prohibitions. Lattice towers (a structure, with three or four steel support legs, used to
support a variety of antennae; these towers generally range in height from 60 to 200 feet
and are constructed in areas where great height is needed, microwave antennas are
required, or where the weather demands a more structurally -sound design) are prohibited
within the City of Aspen.
Towers (support structures) shall be prohibited in the following zone districts: Medium -
Density Residential (R-6); Moderate -Density Residential (R-15, R-15A, R-15B); Low -
Density Residential (R-30); Residential Multi -Family (R/MF, R/MFA); and, Affordable
Housing/Planned Unit Development (AH=1/PUD).
All wireless telecommunication services facilities and equipment not prohibited by the
preceding statements shall be allowed in all other zone districts subject to review and
approval by the Community Development Director pursuant to the provisions,
requirements and standards of this Chapter; including consistency with the dimensional
requirements of the underlying zone district.
2. Site Selection. Wireless communication facilities shall be located in the following Order
of Preference:
First: On existing structures such as buildings, communication towers, flag poles,
church steeples, cupolas, ballfield lights, non-ornamental/antique street lights
such as highway lighting, etc.
Second: In locations where the existing topography, vegetation, buildings, or other
structures provide the greatest amount of screening. -
Least: On vacant ground or highly visible sites without significant visual mitigation
and where screening/buffering is difficult at best.
3. Interference. See Section 15.04.470, Radio Interference Prohibited, of the Municipal
Code.
4. Airports and Fli. ht Paths. Wireless telecommunication services facilities and equipment
shall not present a hazard to air navigation under Part 77, Federal Aviation, Federal
Aviation Regulations.
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Section 26.575.130
5. Historic ,sites and Structures. In addition to the applicable standards of Chapter 26.415,
all of the foregoing and following provisions and standards of this Chapter shall apply
when wireless telecommunication services facilities and equipment are proposed on any
historic site or structure, or within any historic district.
6. Public. Buildings, Structures and Rights-of-Way. Leasing of public buildings, publicly
owned structures, and/or public rights -of -way for the purposes of locating wireless
telecommunication services facilities and/or equipment is encouraged. In cases where a
facility is proposed on City property, specific locations and compensation to the City shall
be negotiated in lease agreements between the City and the provider on a case -by -case
basis, and would be subject to all of the review criteria contained in this Section. Such
agreements would not provide exclusive arrangements that could tie up access to the
negotiated site(s) or limit competition, and must allow for the possibility of "co -locating"
(sharing of facilities) with other providers as described in Section 26.575.130(E)(7),
below.
7. Co -Location. Co -location, or sharing, of facilities with other providers is encouraged.
Co -location can be achieved as . either building -mounted, roof -mounted or ground -
mounted facilities. In designing poles, applicants are strongly encouraged to consider the
possibility of present or future co -location of other wireless communication equipment by
structurally overbuilding in order to handle the loading capacity of additional antennas, for
the use of the company and for other companies to use as well. Applicants shall use good
faith efforts to negotiate lease rights to other telecommunications users who desire to use
the monopole. Co -location on an existing support structure (tower) shall be permitted as
an accessory use. A maximum of two (2), twenty-four (24") inch diameter -dish antennas
are permitted per monopole. Projections of any type on the monopole, which are not
antennas, are strongly discouraged.
Multiple use facilities are encouraged as well. Wireless telecommunication services
facilities and equipment may be integrated into existing or newly developed facilities that
are functional for other purposes, such as ball field lights, flag poles, church steeples,
highway lighting, etc. All multiple use facilities shall be designed to make the appearance
of the antennae relatively inconspicuous.
The co -location requirement may be waived by the Community Development Director
upon a showing that either federal or state regulations prohibit the use, the proposed use
will interfere with the current use, the proposed use will interfere with surrounding
property or uses, the proposed user will not agree to reasonable terms, or such co -location
is not in the best interest of the public health, safety or welfare. Time needed to review a
co -location request shall not greatly exceed that for a single applicant.
S. Maintenance.. All towers, antennas, -related facilities and equipment, and subject sites
shall be maintained in a safe and clean manner in accordance with project approvals and
building codes. The operator/property owner shall be responsible for maintaining free
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Section 26.575.130
from graffiti, debris and litter, those areas of the site which are adjacent to the premises
over which s/he has control. The applicant shall be responsible for reasonable upkeep of
the facility and subject property. All towers, antennas and related facilities shall be
subject to periodic inspection to ensure continuing compliance with all conditions of
approval and requirements of this section.
9. Abandonment and Removal. All required approvals will be in effect only so long as the
antenna(s) and other structures are operated at the site. Facilities that are not in use for
ninety (90) consecutive days for cellular communication purposes shall be considered
abandoned and shall be removed by the facility owner. The site shall be restored to the
condition it was in prior to the installation/location of the facility. Such removal shall be
carried out in accordance with proper health and safety requirements.
A written notice of the determination of abandonment shall be sent or delivered to the
operator of the wireless communication facility. The operator shall have ninety (90) days
to remove the facility or provide the Community Development Department with evidence
that the use has not been discontinued. The Community Development Director shall
review all evidence and shall determine whether or not the facility is abandoned. Upon
refusal or failure of an owner and/or operator to timely remove a facility as required under
this section, the facility shall be deemed an abandoned illegal structure subject to
abatement as a public nuisance.
10. Conditions and Limitations. The City shall reserve the right to add, modify or delete
conditions after the approval of a request in order to advance a legitimate City interest
related to health, safety or welfare. Prior to exercising this right, the City shall notify the
owner and operator in advance and shall not impose a substantial expense or deprive the
affected party of a substantial revenue source in the exercising of such right.
Approval by the Community Development Director for a wireless telecommunication
services facility and/or equipment application shall not be construed to waive any
applicable zoning or other regulations; and wherein not otherwise specified, all other
requirements of the Aspen Municipal Code shall apply. All requests for modifications of
existing facilities or approvals shall be submitted to the Community Development
Director for review under all provisions and requirements of this Section. If other than
minor changes are proposed, a new, complete application containing all proposed
revisions shall be required.
F. Review Standards. The following standards are designed to foster the City's safety and
aesthetic interests without imposing unreasonable limitations on wireless telecommunication
services facilities and equipment.:
1. Setbacks. At a minimum, all wireless telecommunication services facilities and
equipment shall comply with the minimum setback requirements of the underlying zone
district; if the following requirements are more restrictive than those of the underlying
zone district, the more restrictive standard shall apply.
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a. All facilities shall be located at least fifty (50) feet from any property lines, except
when roof -mounted (above the eave line of a building). Flat -roof mounted facilities
visible from ground level within one -hundred (100) feet of said property shall be
concealed to the extent possible within a compatible architectural element, such as a
chimney or ventilation pipe, or behind architectural skirting of the type generally used
to conceal HVAC equipment. Pitched -roof mounted facilities shall always be
concealed within a compatible architectural element, such as chimneys or ventilation
pipes.
b. Monopole towers shall be set back from any residentially zoned properties a distance
of at least three (3) times the monopole's height (i.e., a sixty (60) foot setback would
be required for a twenty (20) foot monopole), and the setback from any public road, as
measured from the right-of-way line, shall be at least equal to the height of the
monopole.
c. No wireless communication facility may be established within one -hundred (100) feet
of any existing, legally established wireless communication facility except when
located on the same building or structure.
d. No portion of any antenna array shall extend beyond the property lines or into any
front yard area. Guy wires shall not be anchored within any front yard area, but may
be attached to the building.
2. Height. Wireless telecommunication services facilities and/or equipment shall not exceed
thirty-five (35) feet in height or the maximum permissible height of the given zone
district, whichever is more restrictive. In addition:
a. Whenever a wireless telecommunication services antenna is attached to a building
roof, the antenna and support system for panel antennas shall not exceed five (5) feet
above the highest portion of that roof, including parapet walls, and the antenna and
support system for whip antennas shall not exceed fifteen (15) feet above the highest
portion of that roof, including parapet walls.
b. If the building itself exceeds the height limitations of the zone, and such excess height
was legally established (i.e., granted a variance, approved by PUD, etc.), then the
combined height of the building and antenna shall not exceed the maximum height
allowed by such approval unless determined by the Community Development Director
to be suitably camouflaged.
c. If the building is constructed at or above the zone district's height limit, or if combined
height of the building and the antenna would exceed the applicable height limit, the
additional height of the antenna must be reviewed pursuant to the process and
standards (in addition to the standards of this Section) of conditional use review,
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Section 26.575.130
Section 26.425.010, unless determined by the Community Development Director to be
suitably camouflaged (in which case an administrative approval may be granted).
d. Support and/or switching equipment shall be located inside the building, unless it can
be fully screened from view as provided in the "Screening" standards
(26.475.130(F)(5)) below.
3. Architectural Compatibility. Whether manned or unmanned, wireless telecommunication
services facilities shall be consistent with the architectural style of the surrounding
architectural environment (planned or existing) considering exterior materials, roof form,
scale, mass, color, texture and character. In addition:
a. If such facility is accessory to an existing use, the facility shall be constructed out of
materials that are equal to or of better quality than the materials of the principal use.
b. Wireless telecommunication services equipment shall be of the same color as the
building or structure to which or on which such equipment is mounted, or as required
by the appropriate decision -making authority (Community Development Director,
Historic Preservation Commission, Planning and Zoning Commission, or City
Council, as applicable).
c. Whenever wireless telecommunication services equipment is mounted to the wall of a
building or structure, the equipment shall be mounted in a configuration designed to
blend with and be architecturally integrated into a building or other concealing
structure, be as flush to the wall as technically possible, and shall not project above the
wall on which it is mounted.
d. Monopole support buildings, which house cellular switching devices and/or other
equipment related to the use, operation or maintenance of the subject monopole, must
be designed to match the architecture of adjacent buildings. If no recent and/or
reasonable architectural theme is present, the Community Development Director may
require a particular design that is deemed to be suitable to the subject location.
e. All utilities associated with wireless communication facilities or equipment shall be
underground (also see "Screening" below).
4. Compatibility With the Natural Environment. Wireless telecommunication services
facilities and equipment shall be compatible with the surrounding natural environment
considering land forms, topography, and other natural features, and shall not dominate the
landscape or present a dominant silhouette on a ridge line. In addition:
a. If a location at or near a mountain ridge line is selected, the applicant shall provide
computerized, three dimensional, visual simulations of the facility or equipment and
other appropriate graphics to demonstrate the visual impact on the view of the affected
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Section 26.575.130
ridge(s) or ridge line(s); an 8040 Greenline Review, pursuant to the provisions of
Section 26.435.030, may also be required.
b. Site disturbances shall be minimized, and existing vegetation shall be preserved or
improved to the extent possible, unless it can be demonstrated that such disturbance to
vegetation and topography results in less visual impact to the surrounding area.
c. Surrounding view planes shall be preserved to the extent possible.
d. All wireless telecommunication services facilities and equipment shall comply with
the Federal Communication Commission's regulations concerning maximum radio
frequency and electromagnetic frequency emissions.
5. Screening. Roof and ground mounted wireless telecommunication services facilities and
equipment, including accessory equipment, shall be screened from adjacent and nearby
public rights -of -way and public or private properties by paint color selection, parapet
walls, screen walls, fencing, landscaping, and/or berming in a manner compatible with the
building's and/or surrounding environment's design, color, materials,. texture, land forms
and/or topography, as appropriate or applicable. In addition:
a. Whenever possible, if monopoles are necessary for the support of antennas, they shall
be located near existing utility poles, trees, or other similar objects; consist of colors
and materials that best blend with their background; and, have no individual antennas
or climbing spikes on the pole other than those approved by the appropriate decision -
making authority (Community Development Director, Historic Preservation
Commission, Planning and Zoning Commission, or City Council, as applicable).
b. For ground mounted facilities, landscaping may be required to achieve a total
screening effect at the base of such facilities or equipment in order to screen the
mechanical characteristics; a heavy emphasis on coniferous plants for year-round
screening may be required. Landscaping shall be of a type and variety capable of
growing within one (1) year to a landscape screen which satisfactorily obscures the
visibility of the facility.
c. Unless otherwise expressly approved, all cables for a facility shall be fully concealed
from view underground or inside of the screening or monopole structure supporting
the antennas; any cables that cannot be buried or otherwise hidden from view shall be
painted to match the color of the building or other existing structure.
d. Chain link fencing shall be unacceptable to screen facilities, support structures, or
accessory and related equipment (including HVAC or mechanical equipment present
on support buildings); fencing material, if used, shall be six (6) feet in height or less
and shall consist of wood, masonry, stucco, stone or other acceptable materials that are
opaque.
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Part 500 — Supplemental Regulations
Section 26.575.130
e. Notwithstanding the foregoing, the facility shall comply with all additional measures
deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these
screening standards, the Community Development Director may allow use of an
alternate detailed plan and specifications for landscape and screening, including
plantings, fences, walls, sign and structural applications, manufactured devices and
other features designed to screen, camouflage and buffer antennas, poles and accessory
uses. For example, the antenna and supporting structure or monopole may be of such
design and treated with an architectural material so that it is camouflaged to resemble a
tree with a single trunk and branches on its upper part. The plan should accomplish
the same degree of screening achieved by meeting the standards outlined above.
6. Lighting and Signage. In addition to other applicable sections of the code regulating
signage or outdoor lighting, the following standards shall apply to wireless
telecommunication services facilities and equipment:
a. The light source for security lighting shall feature down -directional, sharp cut-off
luminaries to direct, control, screen or shade in such a manner as to ensure that there is
no spillage of illumination off -site.
b. Light fixtures, whether free-standing or tower -mounted, shall not exceed twelve (12)
feet in height as measured from finished grade.
c. The display of any sign or advertising device other than public safety warnings,
certifications or other required seals on any wireless communication device or
structure is prohibited.
d. The telephone number(s) to contact in an emergency shall be posted on each facility in
conformance with the provisions of Chapter 26.510 of the Aspen Municipal Code.
7. Access Ways. In addition to ingress and egress requirements of the Building Code, access
to and from wireless telecommunication services facilities and equipment shall be
regulated as follows:
a. No wireless communication device or facility shall be located in a required parking,
maneuvering or vehicle/pedestrian circulation area such that it interferes with, or in
any way impairs, the intent or functionality of the original design.
b. The facility must be secured from access by the general public but access for
emergency services must be ensured. Access roads must be capable of supporting all
potential emergency response vehicles and equipment.
c. The proposed easement(s) for ingress and egress and for electrical and telephone shall
be recorded at the Pitkin County Clerk and Recorder's Office prior to the issuance of
building permits.
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Part 500 — Supplemental Regulations
Section 26.575.130
26.575.140 Accessory uses and accessory structures.
An accessory use shall not be construed to authorize a use not otherwise permitted in the zone
district in which the principal use or structure to which it is accessory. An accessory use or structure
may not be established prior to the establishment of the principal use or structure to which it is
accessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities
sufficient to render them suitable for permanent residential occupation.
26.575.150 Lighting: Any light used to illuminate parking areas or for any other purpose shall be so
arranged as to reflect the light away from nearby residential properties and vision of passing
motorists.
26.575.160 Dormitory.
Occupancy of a dormitory unit shall be limited to no more than eight (8) persons. Each unit
shall provide a minimum of one hundred fifty (150) square feet per person of net living area,
including sleeping, bathroom, cooking and lounge used in common. Standards for use and design of
such facilities shall be established by the city's housing designee.
26.575.170 Fuel storage tanks
All fuel storage tanks shall be completely buried beneath the surface of the ground except that
above -ground storage tanks may be approved as conditional uses in the Service/Commercial/
Industrial and Public zone districts.
26.575.180 Restaurant. Restaurants shall only be permitted to prepare or serve food outdoors, in
required open space, when approved by the Planning and Zoning Commission pursuant to Section
26.575.030. A restaurant shall be required to have service delivery access from an alley or other off-
street service delivery area. If the restaurant is located off ground level, it shall have use of an elevator
or dumbwaiter for service access. A grocery store or similar establishment which prepares and serves
food but which principally sells packaged or nonperishable food and drink shall not be considered a
restaurant.
26.575.190 Farmers' market. A farmers' market is permitted as a conditional use in the Park (P)
and Public (PUB) zone districts and in public parks and public rights -of -way, provided a vending
agreement is obtained in accordance with Section 15.04.350. The following regulations shall apply to
farmers' markets:
A. It shall operate no more than two (2) days per week, unless modified by the Planning and
Zoning Commission under its 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 Planning and Zoning Commission under its conditional use review; and,
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 Planning
and Zoning Commission under its conditional use review.
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Pad 500 — Supplemental Regulations
Section 26.575.190
26.575.200 Group Homes. Group homes shall not be located closer than seven hundred fifty (750)
feet from another group home, shall be used exclusively as a residence for no more than eight (8)
persons, and shall be in compliance with all city, state and federal health, safety and fire code
provisions.
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Part 500 — Supplemental Regulations
Section 26.580.010
Chapter 26.580
ENGINEERING DEPARTMENT REGULATIONS
Sections:
26.580.010 Purpose.
26.580.020 Subdivisions.
26.580.010 Purpose. The purpose of this Chapter is to codify Engineering Department regulations
relating to development.
26.580.020 Subdivisions. The following regulations shall apply to all development involving a
subdivision.
A. Improvements.
1. Reguired improvements. The following improvements shall be provided for the
proposed subdivision:
a. Permanent survey monuments, range points, and lot pins.
b. Paved streets, not exceeding the requirements for paving and improvements of a
collector street.
C. Curbs, gutters, and sidewalks.
d. Paved alleys.
e. Traffic -control signs, signals or devices.
f. Street lights.
g. Street name signs.
h. Street trees or landscaping.
1. Water lines and fire hydrants.
j. Sanitary sewer lines.
k. Storm drainage improvements and storm sewers.
1. Bridges or culverts.
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Part 500 — Supplemental Regulations Section 26.580.020
M. Electrical lines.
n. Telephone lines.
o. Natural gas lines.
p. Cable television lines.
2. Approved plans. Construction shall not commence on any of the improvements required
by Section 26.480.050 until a plan, profile, and specifications have been received and
approved by the city engineer and, when appropriate, the relevant utility company.
3. Oversized utilities. In the event oversized utilities are required as a part of the
improvements, arrangements for reimbursement shall be made whereby the subdivider
shall be allowed to recover the cost of the utilities that have been provided beyond the
needs of the subdivision.
B. Design standards_ The following design standards shall be required for all subdivisions.
1. Streets and related improvements. The following standards shall apply to streets
regardless of type or size, unless the street has been improved with paving, curb, gutter
and sidewalk:
a. Conform to plan for street extension. Streets shall conform to approved plans for
street extensions and shall bear a logical relationship to the topography and to the
location of existing or planned streets on adjacent properties.
b. Right-of-way dedication. Right-of-way shall be dedicated for the entire width for all
local, collector and arterial streets.
C. Right-of-way width. Street and alley right-of-way widths, curves and grades shall
meet the following standards.
Street
Minimum Center Line
Right -of -Way
Maximum Percent
Classification
Curve Radius (ft.)
Width ft.
of Grade M
Local
100
60
10
Collector
250
80
6
Arterial
625
100
5
Alley
50
20
5
d. Half -street dedications. Half -street dedications shall be prohibited unless they are for
the purpose of increasing the width of an inadequate existing right-of-way.
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Part 500 — Supplemental Regulations
Section 26.580.020
e. Street ends at subdivision. When a street is dedicated which ends on the subdivision
or is on the perimeter of the subdivision, the last foot of the street on the terminal end
or outside perimeter of the subdivision shall be dedicated to the City of Aspen in fee
simple and shall be designated by using outlot(s). The city shall use the dedicated
land for public road and access purposes.
f. Cul-de-sacs. Cul-de-sacs shall not exceed four hundred (400) feet in length and shall
have a turnaround diameter of one hundred (100) feet. A cul-de-sac of less than two
hundred (200) feet in length in a single-family detached residential area does not
require a turnaround if the city engineer determines a "T," "Y" or other design is
adequate turnaround for the vehicles expected to use the cul-de-sac.
g. Dead-end streets. Dead-end streets, except for cul-de-sacs, shall be prohibited unless
they are designed to connect with future streets on adjacent lands that have not been
platted. In cases where these type of dead end streets are allowed, a temporary
turnaround of one hundred (100) feet shall be constructed.
h. Centerline offset. Streets shall have a centerline offset of at least one hundred twenty-
five (125) feet.
1. Reverse curves. Reverse curves on arterial and collectors streets shall be joined by a
tangent of at least one hundred (100) feet in length.
j. Changes in street grades. All changes in street grades shall be connected by vertical
curves of a minimum length in feet equivalent to the following appropriate "K" value
multiplied by the algebraic difference in the street grades.
Street Classification Collector Local Arterial
"K" value for:
Crest vertical curve 28 16 55
Sag vertical curve 35 24 55
k. Alleys. Alleys shall be provided in subdivisions where commercial and industrial
development is expected, except when other provisions are made and approved for
service access.
Intersections. Intersections shall approximate right angles and have a minimum
tangent of fifty (50) feet on each leg. The subdivision design shall minimize the
number of local streets that intersect arterial streets.
M. Intersection grade. Intersection grades shall not exceed four (4) percent for a
minimum distance of one hundred (100) feet on each leg. Flatter grades are desirable.
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Part 500 — Supplemental Regulations
Section 26.580.020
n. Curb return radii. Curb return radii for local street intersections shall be fifteen (15)
feet. Curb return radii and corner setbacks for all other types of intersections shall be
based upon the expected types of vehicle usage, traffic volumes and traffic patterns
using accepted engineering standards. In case of streets which intersect at acute
angles, appropriate increases in curb return radii shall be made for the necessary
turning movements.
o. Turn by-passes and turn lanes. Right -turn by-passes or left -turn lanes shall be
required at the intersection of arterial streets or the intersection of an arterial street
with a collector street if traffic conditions indicate they are needed. Sufficient right-
of-way shall be dedicated to accommodate such lanes when they are required.
P. Street names and numbers. When streets are in alignment with existing streets, any
new streets shall be named according to the streets with which they correspond.
Streets which do not fit into an established street -naming pattern shall be named in a
manner which will not duplicate or be confused with existing street names within the
City or its environs. Street numbers shall be assigned by the city building inspector in
accordance with the city numbering system.
q. Installation of curb, gutter sidewalks, or driveways. No finish paving, curb, gutter,
sidewalks or driveways shall be constructed until one year after the installation of all
subsurface utilities and improvements.
r. Sidewalks. Sidewalks shall be eight (8) feet wide in all Commercial Core (CC),
Commercial (Cl), Neighborhood Commercial (NC), and Commercial Lodge (CL)
Zone Districts and five (5) feet wide in all other zone districts where sidewalks are
required. Consideration shall be given to existing and proposed landscaping when
establishing sidewalk locations.
S. City specifications for streets. All streets and related improvements shall be
constructed in accordance with city specifications which are on file in the office of
the city engineer.
t. Range point monuments. Prior to paving any street, permanent range point
monuments meeting the standards set forth below shall be installed to approximately
finished grade. Permanent range point boxes shall be installed during or as soon as
practicable after paving.
U. Street name signs. Street name signs shall conform to the type currently in use by the
city.
V. Traffic control signs. Any required traffic -control signs, signals or devices shall
conform to the "Manual of Uniform Traffic Control Devices."
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Part 500 — Supplemental Regulations
Section 26.580.020
W. Street lights. Street lights shall be placed at a maximum spacing of three hundred
(300) feet. Ornamental street lights are desirable.
X. Street .tree. One street tree of three-inch caliper for deciduous trees measured at the
top of the ball or root system, or a minimum of six-foot height for conifers, shall be
provided in a subdivision in residential zone districts for each lot of seventy (70) foot
frontage or less, and at least two (2) such trees shall be provided for every lot in
excess of seventy (70) feet frontage. Corner lots shall require at least one tree for
each street. Trees shall be placed so as not to block sight distances at driveways or
corners. The city parks and recreation department shall furnish a list of acceptable
trees. Trees, foliage and landscaping shall be provided in subdivisions in all other
zone districts in the city in accordance with the adopted street landscaping plan.
2. Easements.
a. Utility easements. Utility easements often (10) feet in width on each side of all rear
lot lines and five (5) feet in width on each side of lot lines shall be provided where
necessary. Where the rear or side lot lines abut property outside of the subdivision on
which there are no rear or side lot line easements at least five (5) feet in width, the
easements on the rear and side lot lines in the subdivision shall be twenty (20) feet
and ten (10) feet in width, respectively.
b. "T" intersections and cul-de-sacs. Easements twenty (20) feet in width shall be
provided in "T" intersections and cul-de-sacs for the continuation of utilities or
drainage improvements, if necessary.
C. Potable water and sewer easements. Water and sewer easements shall be a minimum
of twenty (20) feet in width.
d. Planned utility or drainage system. Whenever a subdivision embraces any part of a
planned utility or drainage system designated on an adopted plan, an easement shall
be provided to accommodate the plan within the subdivision.
e. Irrigation ditch, channel natural creek. Where an irrigation ditch or channel, natural
creek or stream traverses a subdivision, an easement sufficient for drainage and to
allow for maintenance of the ditch shall be provided.
f. Fire lanes and emergency access easements. Fire lanes and emergency access
easements twenty (20) feet in width shall be provided where required by the city fire
marshal.
g. Planned street or transit alignment. Whenever a subdivision embraces any part of an
existing or planned street or transit alignment designated on an adopted plan, an
casement shall be provided to accommodate the plan within the subdivision.
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Part 500 — Supplemental Regulations Section 26.580.020
3. Lots and blocks.
a. General. Lots shall meet all applicable regulations of this title.
b. Side lot lines. Side lot lines shall be substantially at right angles or radial to street
lines.
C. Reversed corner lots and through lots. Reversed corner lots and through lots shall be
prohibited except where essential to provide separation from arterial streets because
of slope, or to prevent the development of incompatible land uses.
d. Front on street. All lots shall front on a public or private street.
e. State Highway 82. No lot shall front on, nor shall any private driveway access to
State Highway 82.
f. Block lengths. Block lengths shall normally be at least four hundred (400) feet in
length and not more than one thousand four hundred (1,400) feet in length between
street intersections.
g. Compatibility. Block lengths and widths shall be suitable for the uses contemplated.
h. Mid -block pedestrian walkways. In blocks over five hundred (500) feet long, mid -
block pedestrian walkways shall be provided.
4. Survey monuments.
a. Location. The external boundaries of all subdivisions, blocks and lots shall be
monumented on the ground by reasonably permanent monuments solidly embedded
in the ground. These monuments shall be set not more than fourteen hundred (1,400)
feet apart along any straight boundary line, at all angle points, and at the beginning,
end and points of change of direction or change of radius of any curved boundaries.
b. C.R.S. 1973 38-51-101. All monuments shall be set in accordance with the
provisions of C.R.S. 1973 38-51-101, as amended from time to time, unless
otherwise provided for in this title.
C. Range points and boxes. Range points and boxes meeting city specifications shall be
set on the centerline of the street right-of-way unless designated otherwise.
5. Utilities.
a. Potable waterlines and appurtenances. All potable waterlines, fire hydrants and
appurtenances shall meet the city's standard specifications on file in the city
engineer's office.
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Part 500 — Supplemental Regulations
Section 26.580.020
b. Size of waterlines. All potable water lines shall be at least eight (8) inches in size
unless the length of the line is less than two hundred (200) feet. Where the potable
waterline is less than two hundred (200) feet in length, its minimum size shall be six
(6) inches in width.
C. Fire hydrants. Fire hydrants shall be spaced no farther apart than five hundred (500)
feet in detached residential and duplex subdivisions. Fire hydrants shall be no farther
than three hundred fifty (350) feet apart in multi -family residential, business,
commercial, service and industrial subdivisions.
d. Sanitary sewer. Sanitary sewer facilities shall meet the requirements of the Aspen
Consolidated Sanitation District.
e. Underground utilities. All utilities shall be placed underground, except transformers,
switching boxes, terminal boxes, meter cabinets, pedestals, and ventilation ducts.
f. Other utilities. Other utilities not specifically mentioned shall be provided in
accordance with the standards and regulations of the applicable utility department or
company.
g. Utilities stubbed out. All utilities shall be stubbed out at the property line of lots.
6. Storm drainage.
a. Drainage plan. The drainage plan for the proposed subdivision shall comply with the
criteria in the city's "Urban Runoff Management Plan."
b. Detention storage. Short-term on -site detention storage shall be provided to maintain
the historical rate of runoff for the one -hundred -year storm from the undeveloped
site.
C. Maintain historical drainage flow. In cases where storm runoff from an upstream
basin passes through the subdivision, the drainage plan shall provide adequate means
for maintaining the historical drainage system.
d. Calculations and quantities of flow. The drainage plan shall include calculations and
quantities of flow at the points of concentration.
7. Flood hazard areas. The following standards shall apply to special flood hazard areas.
a. The proposed subdivision design shall be consistent with the need to minimize flood
damage to public utilities and facilities such as sewer, gas, electricity, and potable
water systems;
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Part 500 — Supplemental Regulations
Section 26.580.020
b. Base flood elevation data shall be provided for any proposed subdivision of at least
fifty (50) lots or five (5) acres, whichever is less.
S. Gampatibidiiv to natural or scenic features. The design and location of any proposed
structure, building envelope, road, driveway, trail or similar development is compatible
with significant natural or scenic features of the site.
9. Variations of design standards. Variation from the provisions of this may be granted by
the Planning and Zoning Commission by special review as provided for in Chapter
26.430.
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Part 500 — Supplemental Regulations
Section 26.590.010
Chapter 26.590
TIMESHARES
26.88.080 Timeshare.
A. Applicability. In addition to the other applicable requirements set forth in this chapter and
required by state law, the requirements of this section shall apply to all timeshare
development in the City of Aspen.
B. Zone Districts in which timeshare shall be permitted:
1. Timeshare shall be allowed as a conditional use in the Lodge/Tourist Residential
(L/TR), Lodge Preservation (LP), Commercial Core (CC), and Commercial Lodge (CL)
zone districts, shall require a development order for a conditional use in accordance
with the procedures and requirements of Chapter 26.425, and shall require subdivision
approval pursuant to this chapter. To the extent practicable, subdivision and conditional
use approval shall occur simultaneously.
C. Standards applicable to all timeshare. In addition to those standards and review criteria
generally pertaining to subdivision, the following standards and criteria shall apply to a
timeshare development:
1. Marketinz and sale of timeshare. The marketing and sale of timeshare units shall be
governed by the real estate laws set forth in Title 12, Article 61, C.R.S. 1973, as
amended. The applicant and licensed marketing entity shall present to the city the plan
for marketing the timeshare units. To ensure that the applicant and/or the marketing
entity do not deviate from the approved marketing plan, a sum of twenty thousand
dollars ($20,000.00) cash or a twenty thousand dollar ($20,000.00) irrevocable letter of
credit for each timeshare development in which the applicant or marketing entity is
involved shall be posted with the city. In addition to all other remedies or penalties, any
deviation from the approved marketing plan shall give the city the right to enjoin such
sale technique deviations. The applicant shall be responsible for paying the costs of such
legal action to enjoin, including the city's legal and expert witness fees.
2. Marketing and sale praoices., The following marketing and sales practices for a
timeshare development shall not be permitted:
a. The solicitation of prospective purchasers of timeshare units on any street, mall, or
other public property or facility.
b. Sales campaigns using phone solicitations.
C. Gift giving practices consisting of:
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Revised 01/01/99
Part 500 — Supplemental Regulations
Section 26.590.010
(1) Gifts valued in excess of one hundred dollars ($100.00) used to induce
prospective purchasers to attend a sales presentation or to purchase timeshare
estates. Travel and lodging for the inspection of timeshare development shall not
be included in the definition of gifts for purposes of this section;
(2) Any gift for which an accurate description is not given;
(3) Any gift package for which notice is not given to the prospective purchaser that
the purchaser will be required to attend a sales meeting as a condition of receiving
the gifts; and
(4) Any gift package for which the printed announcement of the requirement to attend
a sales presentation is in smaller type face than the information on the gift being
offered.
d. The marketing plan shall satisfactorily demonstrate that off-season timeshare weeks
are being packaged and included in the proposed sales packages and that off-season
periods will be adequately marketed and sold. At a minimum the marketing shall
include a multi -week package including one (1) off-season week sold with one (1)
on -season week. A marketing plan may present alternative packaging of weeks to be
sold if it can be proven to the city council that the proposed packaging adequately
accomplishes the marketing and sales of off-season weeks.
e. Any unethical sales and marketing practices which would tend to mislead potential
purchasers.
3. Integration. Timeshare must be conducted in all residential units of a proposed
development or not at all.
4. Amenities. A timeshare development's recreational facilities and amenities shall be
sufficient so as not to create an undue burden on public facilities. Recreational facilities
and amenities of newly constructed or existing structures must sufficiently service the
needs of the development during both the summer and winter seasons.
5. Parking. Parking shall be sufficient to meet the demands of the development and the
standards of this title.
6. Maintenance and reserve.
a. Because timeshare is an intensive, high impact use, a timeshare development shall
provide and reserve a minimum of four (4) weeks for an annual maintenance period,
two (2) weeks in the spring and two (2) weeks in the fall. The maintenance period
must be sufficient to accomplish proper maintenance of the timeshare development.
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Part 500 — Supplemental Regulations
Section 26.590.010
b. A reserve account shall be established to assure that the timeshare development will
be satisfactorily maintained throughout the lifetime of the development.
T Budget. The proposed budget for the timeshare development shall demonstrate an
accurate indication of necessary costs and expenditures.
8. Conversions.
a. Building code, health, and safety requirements. When converted to timeshare use,
previously existing structures shall, to the extent practicable, comply with current fire
and building codes. The building inspector shall inspect the structure and determine
that there are no present dangers to the health and safety of occupants.
b. Upgrading timeshare development. Existing structures converted to timeshare shall
be physically upgraded in accordance with the following requirements:
(1) A minimum of thirty (30) percent of the fair market value of the property, prior
to conversion to timeshare, shall be applied to the required upgrading of the
project. Upgrading shall be pursuant to plans submitted to and approved by the
building inspector within nine (9) months after the timeshare approval. The
upgrading shall be completed within fourteen (14) months after the building
permit for such upgrading is issued. "Fair market value" shall be determined
according to a current MAI appraisal, prepared within a twelve (12) month
period prior to the date that the timeshare application is submitted, or
(2) The applicant shall demonstrate that funds previously expended have sufficiently
upgraded the timeshare development so as to make further upgrading
unnecessary and that the development will continue to accommodate its
occupants in a manner consistent with or better in quality than provided prior to
the timeshare use. Such information shall be presented in the form of an
affidavit itemizing the expenses incurred during previous months and
documenting that the expenditures have resulted in an actual upgrading of the
structure, the appearance thereof, and/or its guest facilities, or
(3) The applicant shall present a plan for upgrading the development in phases and
post a bond or letter of credit sufficient to assure that the upgrading will be
completed.
c. No sale of timeshare units shall be closed until a certificate of occupancy has been
issued pursuant to any upgrading plan. When reviewing requirements for upgrading,
city council shall give consideration to the fact that Aspen lodges attract clientele
from diverse economic sectors, that certain lodges cater to certain sectors, and that
the intent herein is not to create uniformity in lodge character and roles but to
upgrade the physical appearance and facilities that each lodge provides.
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Part 500 — Supplemental Regulations
Section 26.590.010
9. Managementlassessment fees. A fair procedure for reviewing/approving any fee
increases which may be made throughout the life of the timeshare development shall be
established to provide assurance and protection to timeshare owners that
management/assessment fees will be applied and used appropriately.
10. Occupancy standards. Occupancy levels throughout the life of the timeshare
development shall be in compliance with applicable building code requirements.
11. Handicap access. Satisfactory provisions shall be made to provide handicap access to
ten (10) percent of the units and to and throughout the timeshare development as
required by the Uniform Building Code.
12. Unsold units. With respect to unsold timeshare units, the applicant shall pay assessments
and fees equal to those assessed or levied on sold timeshare units. The applicant may
rent unsold timeshare units provided that any funds realized from the rental, to the extent
necessary, shall be utilized to defray maintenance costs.
13. Exchange programs. If the timeshare owners are permitted or required to become
members of or to participate in any program for the exchange of occupancy rights among
themselves or the timeshare owners of other timeshare parcels; or both, prospective
purchasers shall be provided with a full and accurate disclosure of all the details, costs,
expenses, procedures, names of persons and other timeshare development involved, and
any other matters pertinent to a timeshare owner's participation in such program. The
materials provided to prospective purchasers shall demonstrate that the timeshare
development has been accepted in the exchange program with which it claims it is
affiliated and shall disclose what the confirmation percentage is in the exchange program
with which the timeshare development is associated, indicating the likelihood of the
purchaser actually being able to obtain occupancy time in another development in the
exchange program at a time and location the purchaser desires.
14. Right to rescind. Within ten (10) calendar days after the execution of a contract to
purchase an interest in a timeshare project, or within ten (10) calendar days after
purchaser's receipt of the disclosure statement required herein, whichever occurs later,
either party may cancel the contract without penalty. The seller shall obtain a written
receipt of the disclosure statement documenting purchaser's receipt of the disclosure
statement. The seller shall clearly and conspicuously notify the purchaser in writing of
the rights of the purchaser under this section. The seller shall also provide an adequate
opportunity to the purchaser to exercise his right of rescission. Within ten (10) days after
receipt of a written notice of rescission, the developer shall return to the purchaser any
and all monies given by the purchaser to the developer.
15. Escrow of deposits. Deposits or down -payments made in connection with the purchase
or reservation of a timeshare unit from a seller shall be held in an escrow account until
closing or until the issuance of a certificate of occupancy, whichever is later. The escrow
agent or holder of the escrow shall be a neutral third party not having an interest in the
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Part 500 — Supplemental Regulations
Section 26.590.010
purchase and sale transaction, such as a title insurance company licensed by a
governmental agency or instrumentality. The escrow agent may (a) deliver the deposited
funds to the seller at the expiration of the time of closing or at the date of the issuance of
a certificate of occupancy, whichever is later, (b) deliver to the seller because of
purchaser's default under a contract to purchase the timeshare; or (c) refund to the
purchaser.
16. Binding a ect. The requirements of this section and any approval granted pursuant to this
section shall be binding on an applicant and the applicant's successors or assigns.
17. Disclosure of information. This section is intended to regulate the creation and sale of
timeshare interests within the City of Aspen, and no warranty or guarantee is made by the
City of Aspen with regard to the completeness or accuracy of any information or
documentation submitted to the City of Aspen or any approval granted by the City of
Aspen. No person may advertise or represent that the City of Aspen or any of its officers
or employees have recommended the sale or purchase of timeshare units.
18. Prohibited practices and uses. Without in any way limiting any requirement contained in
this section, it is unlawful for any person to knowingly engage in any of the following
practices:
a. The creation, operation or sale of a right -to -use interest or any other timeshare concept
which is not specifically allowed and approved pursuant to the requirements of this
section. Right -to -use timeshare concepts (e.g. lease -holds, vacation clubs) are
considered inappropriate and are not permitted.
b. Misrepresent the facts contained in any application for timeshare approval, timeshare
development instruments or disclosure statement.
c. - Failure to comply with any representations contained in any application for timesharing
or misrepresenting the substance of any such application to another who may be a
prospective purchaser of a timeshare interest.
d. Manage, operate, use, offer for sale or sell a timeshare estate or interest therein in
violation of any requirement of this section or any approval granted pursuant hereto or
cause or aid and abet another to violate any requirement of this section or an approval
granted pursuant to this section.
19. Disclosure.
a. General requirements. A written sworn disclosure statement, containing sufficient
detail and information to allow the city to verify any and all disclosures required
herein, shall contain the following:
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(1) The name and address of the developer of the timeshare development as well as a
summary of the developer's business experience including all background and
experience in the development of timeshare development and a resume with
references and present financial condition of the developer.
(2) The name and address of the manager of the development, if any, and a
description of the manager's responsibility, authority and business experience
along with a resume with references. All information on the manager's
background and experience specifically related to timeshare development should
be provided.
(3) The names and addresses of the marketing entity and the listing broker and a
statement of whether there are any lawsuits pending or investigations that have
been undertaken against the marketing entity or listing broker, and if so, a
description of the status or disposition of said lawsuits or investigations. A
summary of the marketing entity's business experience including all background
and experience related to timeshare development, and a resume with references on
the marketing entity shall be provided.
(4) A description of the timeshare units, including the developer's schedule for
completion of all buildings, units and amenities, and dates of availability. In the
event the development is to be a phased development, the developer shall provide,
to the satisfaction of the city, a bond or letter of credit insuring that all phases of
construction will be completed.
(5) If the timeshare plan consists of a condominium or a similar form of ownership, a
description of the development and any pertinent provisions of the development's
instruments.
(6) Any restraints on the transfer of the purchaser's interest in the timeshare units or
plan.
(7) The timeshare ownership plan (timeshare, fractional fee, interval ownership),
which shall include a description of the rights and responsibilities under the plan.
This description should also disclose whether a prospective purchaser is buying a
specific unit for a specific time or a specific unit for a floating time, or whether
there is no specific unit but just a specific time.
(8) Notice of any liens, title defects or encumbrances on or affecting the title to the
units or plan and, if there are encumbrances or liens, a statement as to whether,
when and how they will be removed.
(9) Notice of any pending or an legal actions that are material to the
timeshare units or plan of which the applicant has, or should have, -knowledge.
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(10) The total financial obligation of the purchaser, which shall include the initial price
and any additional charges to which the purchaser may be subject in purchasing
the unit.
(11) An estimate of the dues, maintenance fees, real property taxes, sales taxes, real
estate transfer tax and similar periodic expenses, and the method or formula by
which they are derived and apportioned, which shall include whether maintenance
fees are determined by unit, time of year, or prorated share of the overall
maintenance costs, or any other means utilized to compute maintenance fees.
(12) A description of any financing offered by the applicant.
(13) The terms and significant limitations of any warranties provided, including
statutory warranties and limitations on the enforcement thereof or on damages.
(14) A statement that any deposits or down payments made in connection with the
purchase of a timeshare unit will be held in an escrow account until closing of the
transaction or availability for occupancy, whichever is later. The escrow agent or
holder of the escrow shall be a neutral third party not having any interest in the
purchase and sale transaction.
(15) Any current or expected fees or charges to be paid by timeshare owners for the use
of any facilities related to the property.
(16) The extent to which a timeshare unit may become subject to a tax or other lien
arising out of claims against other timeshare owners of the same timeshare unit.
(17) A statement that there is a ten (10) day calendar period of mutual recission in the
purchase of the unit.
(18) The developer must disclose the minimum percentage of units intended to be sold
before the developer will proceed with the completion of the timeshare
development.
(19) A description of the maintenance to be supplied to the timeshare development and
how such maintenance will be provided, and what time periods during the year are
set aside for only maintenance so that the unit will not be able to be occupied.
(20) How the proposed development will deal with the problem of a unit not being
available to an owner because of a prior occupant holding over and not yielding
possession of the unit, and what means are available to discourage and penalize
persons who do hold over.
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(21) A statement of what times of year are high season (on -season), including a
statement of when the local ski areas are open for skiing and how the developer
intends to market the off-season.
(22) Whether all the units in the proposed development, or only certain specific units,
if any, are available for participation in an exchange program.
(23) All unusual and material circumstances, features and characteristics of the
property.
(24) A description of all insurance covering the property.
(25) A description of the on -site amenities and recreational facilities which are
available for use by the unit owners. All on -site amenities must be owned by the
homeowner's association and the developer shall not be allowed to charge any
additional fees for use of the amenities.
(26) A list of any units in the development that have existing kitchens and any
proposals for additional kitchens.
(27) A list of the limitations on the number of persons who can occupy a unit at any
one time and what those limitations are for each unit in the development. These
limitations must comply with maximum occupancy requirements established by
applicable building codes.
(28) A statement that the homeowners association and/or the managing agent shall
serve as the owner's designated agent for the service of legal notices pertaining to
the timeshare interest or the service of process (in a manner sufficient to satisfy
the requirements of personal service in the state, pursuant to Rule 4, C.R.C.P., as
amended).
(29) A statement that any timeshare interest shall be expressly subject to all
requirements and representations set forth in the disclosure statement on record
with the Pitkin County Clerk and Recorder.
b. Conversion property. In addition, the disclosure statement for timeshare units in a
conversion property must contain the following information:
(1) A statement by the developer, based on a report prepared by an independent
architect or engineer, licensed by the State of Colorado, describing the present
condition of all structural components and mechanical and electrical installations
material to the use and enjoyment of the timeshare units.
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(2) A statement by the developer of the expected useful life of each fixture or item
reported in the disclosure statement or a statement that no representations are
made in that regard; and
(3) A list of any outstanding notices of uncured violations of building code or other
municipal regulations, together with the estimated cost of curing those violations.
C. Updating and filing.
(1) The developer and his successors and assigns other than individual unit purchasers
shall have a continuing duty to update the disclosure statement and file with the city
all amendments to the timeshare development's instruments. Such amendments shall
comply with the requirements of this section. No amendment which shall
significantly alter the disclosure statement or the timeshare development instruments
shall be effective unless approved and accepted by the city and filed in the office of
the Pitkin County Clerk and Recorder. All amendments shall be initially submitted
for review to the planning director who shall have authority to either approve a
proposed amendment as in compliance with the requirements of this section or refer
the proposed amendment for appropriate subdivision or conditional use approval.
(2) The foregoing updating and filing requirements do not apply to a single unit owner.
However, the condominium association and/or the homeowners association, or both
if there be multiple associations, shall have the continuing responsibility to update
the file, the disclosure statement, and any amendments to the condominium
documents and/or timeshare development instruments with the city and, subject to
applicable city approvals, to file the same in the office of the Pitkin County Clerk and
Recorder as soon as practicable after city approval has been granted. Once the
condominium' association has been formed, the city shall not accept any amendments
for review without prior approval thereby.
d. Time for provision of disclosure statement. Before transfer of a timeshare unit and no
later than the date of execution of any contract of sale, the applicant or any other
seller of a timeshare unit shall provide the intended transferee with a copy of the
disclosure statement and any amendments thereto, except this requirement shall not
apply to the owner of a single timeshare unit in a development who is attempting to
sell the one unit. The owner of the single timeshare unit who is attempting to sell that
one unit must supply the following items:
(1) A statement of the amount of the timeshare assessments for the year previous to
the time of sale.
(2) Copies of the timeshare and/or condominium documents covering the
development. .
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20.
a.
In
(3) A copy of the existing or proposed budget. If it is a proposed budget, it must be
clearly disclosed that it is only a proposed budget.
(4) A statement of the amount of taxes for the year previous to the time of sale, and
how these taxes are paid.
(5) Copies of any documents pertaining to the day-to-day or routine operations of the
development, including any management contracts entered into by the owners
association.
(6) A statement of any amounts held in reserve by the owners association and for
what purposes the reserve may be utilized.
(7) Notice of any pending special assessments.
(8) A copy of the covenants, conditions and restrictions affecting the timeshare
development at the time of sale.
e. Effect. No conveyance of a timeshare interest shall be valid unless the instrument of
conveyance shall indicate that title is being transferred subject to the condominium
declaration which shall include the disclosure statement as an exhibit thereto.
Timeshare development instruments. Timeshare development instruments shall include,
without limitation; the following documentation or information:
Disclosure statement.
Instruments for a timeshare estate as permitted by this section, including-
(1) The legal description, street address or other description sufficient to identify the
property.
(2) Identification of timeshare time periods by letter, name, number or combination
thereof.
(3) Identification of the timeshare estate and the method whereby additional timeshare
estates may be created.
(4) The formula, fraction or percentage of the common expenses and any voting rights
assigned to each timeshare estate.
(5) Any restrictions on the use, occupancy, alteration or alienation of timeshare units.
(6) Any other matters that the applicant or the city council deems reasonably necessary
to consider the development.
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C. All timeshare development instruments shall provide for the following_
(1) That a homeowners' association shall be established. Title to the common areas of
the development and responsibility for maintenance of the development shall reside
within the association. The association shall designate a managing agent. The
management contract with the managing agent shall allow for either party to
terminate, for cause, upon sixty (60) days notice. In the event the manager is
terminated, a new managing agent shall be designated as quickly as possible by the
association. Any management agreement shall specify the managing agent's duties to
maintain the development.
(2) A stipulation by the owner of the timeshare interest irrevocably designating the
homeowners' association and/or the managing agent as an agent for the service of
legal notices for any legal action, proceeding or hearing pertaining to the timeshare
interest or for the service of process (in a manner sufficient to satisfy the
requirements of personal service in the state, pursuant to Rule 4 C.R.C.P., as
amended).
(3) Each timeshare interest with a multiple ownership. shall be required to designate one
managing agent as the spokesperson and voter for all of the owners involved.
(4) That the association shall have the ability to compel a timeshare owner to pay
maintenance fees and if any owner's fees are not paid, his interest shall be subject to a
lien and foreclosure or other divestment. In the event an owner or his guests violate
the rules and regulations of the association, the association shall have the right to
enjoin the violation and the prevailing party in such suit shall be awarded his court
costs and reasonable attorney's fees.
(5) How proceeds shall be distributed in the event the property is taken by reason of
condemnation or eminent domain.
D. Contents of application. The development application for timeshare shall include the
following:
1. The general application information required in Section 26.304.030;
2. The application information required in Section 26.425.060 for conditional uses;
3. An improvement survey for the property;
4. A site plan which shows in reasonable detail parking, landscaping and timeshare
development amenities. The applicant shall include with the site plan a narrative
description of the existing site amenities and architectural features and the applicant's
plan, if any, for upgrading such;
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5. A vicinity map showing all adjacent and surrounding uses and their zone district
designation;
6. A written description of the employee housing, if any, currently located in the
development and a plan for retention of that same amount of employee housing on the
site;
7. A disclosure statement as is more particularly described in Section 26.88.080(C)(14);
8. If the development sought to be timeshared is a condominium, written proof that the
condominium declaration allows timesharing, that one hundred (100) percent of the
owners of the condominium units have approved the timeshare development, that all
mortgagees of the condominium have approved the proposed timeshare development,
and that all condominium units in the timeshare development shall be included in the
same sales and marketing program;
9. The marketing plan for the timeshare development including information on proposed
sales techniques (including the description of gifts to be offered and/or premiums or
promotions to be offered), sales packaging and the specific time of year use of units is
reserved for maintenance;
10. A statement indicating the manner in which the real estate transfer tax will be collected;
11. A statement demonstrating that upgrading as required by this section will be performed
and assurances of such performance;
12. A thorough account of the proposed budget giving a true indication of necessary costs
and expenditures;
13. A statement demonstrating the manner in which management/assessment fees will be
held, utilized and accounted for;
14. Documentation establishing the adequacy of a reserve fund to assure that the proposed
timeshare development is satisfactorily maintained throughout its lifetime; and
15. An affidavit by the applicant attesting that the required documentation and facts
contained therein are true and accurate and an acknowledgement that the' requirements
of this section shall be binding on the successors and assigns of the applicant.
E. Procedure.
1. Whether a proposed timeshare meets the requirements of this section shall be
considered by the commission and city council at the same time the development
application for a subdivision plat is reviewed and considered.
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2. If subdivision approval is not required, the proposed time share development shall be
reviewed and approved as a separate development application pursuant to Common
Procedures, Chapter 26.304.
F. City licensing and sales tax
Licensing. In order to properly administer and assure compliance with the requirements of
this section, it shall be unlawful for any timeshare development to operate in the City of
Aspen without first obtaining a license in accordance with the following procedures:
a. The license required by this section shall be granted and reviewed only upon approval
of the timeshare development by the city council and upon the submission of a license
application stating the address of the development, the manager thereof, and such
other facts as the director of finance may require.
b. A license required by this paragraph shall be granted and issued by the director of
finance and shall be in force and effect until the thirty-first day of December of the
year in which it is issued, and annually thereafter.
C. The fee for the license shall be calculated as follows:
(1) The annual fee for the license shall be five hundred dollars ($500.00), which shall
be paid to the director of finance to defray the actual cost of city administrative
services to the project.
(2) Each hour that a member of the city staff shall spend on the project during the
year shall be reported to the director of finance, who shall charge an hourly rate of
fifty dollars ($50.00) against the annual fee.
(3) At the end of the year, the director of finance shall determine whether the project
has required administrative services in excess of the amount paid, or if a refund is
due, and the licensee shall be billed or reimbursed accordingly.
d. All license fees, from the time they are due and payable, shall become and remain a
lien upon the timeshare development until paid, and may be collected by an action in
personam or in rem, or both. Additionally, any lien for unpaid license fees against the
timeshare development may also be collected as provided by the statutes of the state
for the collection of taxes and other liens and assessments against real estate.
e. It shall be the duty of each licensee under the provisions of this paragraph on or
before January first of each year to obtain a renewal thereof if the development
remains as a timeshare development.
f. Licenses shall be granted only if the development is in compliance with the
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regulations of this section, and its approval by the city council pursuant to this section.
2. Occupancy of any timeshare unit by anyone other than the owner thereof who pays a fee
for the use of the unit shall be subject to the city's sales tax the same as if such
occupancy were of a hotel or lodge unit. Any timeshare development, as a condition to
approval, shall be required to obtain the approval of the city finance director of the
means by which this tax shall be collected and paid to the city. The manager of the
association shall be responsible for the timely collection of the city sales tax for the City
of Aspen.
G. Remedies.
In addition to all remedies provided by law and this title, the provisions of this Section
are enforceable as follows:
a. The city may institute an injunction, mandamus, abatement or other appropriate
action or proceeding to prevent or enjoin a use, occupancy or conveyance relating to
a timeshare development or to enjoin any property owner, developer or applicant
from selling, agreeing to sell or offering to sell or otherwise convey a timeshare use,
before full compliance with the provisions of this Section and all approvals required
herein are obtained.
b. (1) The city council may withdra\4r any approval of a plan or plat or require certain
corrective measures to be taken following the determination that information
provided by an applicant, or by anyone on his behalf, on which a decision was
based, was materially and substantially false or inaccurate. The city's remedies
hereunder shall be only as against the applicant and/or the homeowner's
association and/or unit owners' and/or condominium associations and shall not
apply to individuals who have purchased units from the developer, unless such
individuals actively participated in providing false or inaccurate information.
(2) The city council shall cause written notice to be served on the applicant, or his
assignees, setting out a clear and concise statement of the alleged false or
inaccurate information provided by the applicant or by agents on his behalf, and
to direct the applicant to appear at a time certain for a hearing before the city
council not less than ten (10) days or more than thirty (30) days after the date of
service of notice. The city council shall determine at the hearing the nature and
extent of the alleged false or inaccurate information and shall have power, on
good cause being shown, to withdraw any approval or require certain corrective
measures to be taken in the event it finds the allegedly false or inaccurate
information was materially and substantially false or inaccurate and had the
correct information been supplied at the time of initial approval, the outcome
would have been different. However, withdrawal of approval or imposition of
corrective requirements shall not be an exclusive remedy and any and all
remedies provided by law may be exercised.
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2. The operation, sale or ownership of any timeshare development in violation of the
requirements of this section or in violation of any approval granted pursuant to this
section is hereby declared to be unlawful and punishable, upon conviction, by a fine not
exceeding one thousand dollars ($1,000.00) or imprisonment for a period of not more
than one (1) year, or both, such fine and imprisonment at the discretion of the court.
Each day any such violation shall continue shall constitute a separate offense.
3. Any purchaser of a timeshare unit sold in violation of any of the provisions of this
Section shall have the right, at his option, within thirty (30) days after closing on the
purchase of his unit, to void such a sale and thereupon purchaser shall be refunded all
monies and things of value paid pursuant to such sale. This section shall not be
construed or interpreted to eliminate or limit any other remedies available to purchaser
at law or equity.
4. The remedies afforded the city set forth herein shall be deemed cumulative.
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