HomeMy WebLinkAboutFile Documents.210 W Main St.0056.2019 (87).ARBKCity of Aspen Land Use Code
Part 500 – Table of Contents
TITLE 26
LAND USE REGULATIONS
PART 500 — SUPPLEMENTARY REGULATIONS
Chapter 26.500 PUBLIC PROJECTS
Sec. 26.500.010 Purpose
Sec. 26.500.020 Authority
Sec. 26.500.030 Applicability
Sec. 26.500.040 Procedures for review
Sec. 26.500.050 Advisory group
Sec. 26.500.060 Timing requirements
Sec. 26.500.070 General review standards
Sec. 26.500.075 Review standards for private development projects
Sec. 26.500.080 Application
Sec. 26.500.090 Appeals
Chapter 26.510 SIGNS
Sec. 26.510.010 Purpose
Sec. 26.510.020 Applicability and scope
Sec. 26.510.030 Prohibited signs
Sec. 26.510.040 Signs not requiring a permit
Sec. 26.510.050 Procedure for sign permit approval
Sec. 26.510.060 Sign measurement and location
Sec. 26.510.070 Sign illumination
Sec. 26.510.080 Sign lettering, logos and graphic designs
Sec. 26.510.090 Definition, sign t ypes and characteristics
Sec. 26.510.100 Signage allotment
Sec. 26.510.110 Sandwich board signs
Sec. 26.510.120 Policies regarding signage on public property
Chapter 26.515 OFF-STREET PARKING
Sec. 26.515.010 General provisions
Sec. 26.515.020 Characteristics of off-street parking spaces
Sec. 26.515.030 Required number of off-street parking spaces
Sec. 26.515.040 Special review standards
Sec. 26.515.050 Cash-in-lieu for mobility enhancements
Chapter 26.520 ACCESSORY DWELLING UNITS AND CARRIAGE HOUSES
Sec. 26.520.010 Purpose
Sec. 26.520.020 General
Sec. 26.520.030 Authority
Sec. 26.520.040 Applicability
Sec. 26.520.050 Design standards
Sec. 26.520.060 Calculations and measurements
Sec. 26.520.070 Deed restrictions and enforcement
Sec. 26.520.080 Procedure
Sec. 26.520.090 Amendment of an ADU or carriage house development order
City of Aspen Land Use Code
Part 500 – Table of Contents
Chapter 26.530 RESERVED
Chapter 26.535 TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
Sec. 26.535.010 Purpose
Sec. 26.535.020 Terminology
Sec. 26.535.030 Applicability and prohibitions
Sec. 26.535.040 Authority
Sec. 26.535.050 Procedure for establishing an historic transferable development right certificate
Sec. 26.535.060 Procedure for extinguishing an historic transferable development right
certificate
Sec. 26.535.070 Review criteria for establishment of an historic transferable development right
Sec. 26.535.080 Review criteria for extinguishment of an historic transferable development
right
Sec. 26.535.090 Application materials
Sec. 26.535.100 Appeals
Chapter 26.540 CERTIFICATES OF AFFORDABLE HOUSING CREDIT
Sec. 26.540.010 Purpose
Sec. 26.540.020 Terminology
Sec. 26.540.030 Applicability and prohibitions
Sec. 26.540.040 Authority
Sec. 26.540.050 Application and fees
Sec. 26.540.060 Procedures for establishing a credit
Sec. 26.540.070 Review criteria for establishing an affordable housing credit
Sec. 26.540.080 Procedures for issuing a certificate of affordable housing credit
Sec. 26.540.090 Authority of the certificate
Sec. 26.540.100 Transferability of the certificate
Sec. 26.540.110 Exchanging category designation of an affordable housing certificate
Sec. 26.540.120 Extinguishment and re-issuance of a certificate
Sec. 26.540.130 Amendments
Sec. 26.540.140 Appeals
Chapter 26.575 MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Sec. 26.575.010 General
Sec. 26.575.020 Calculations and measurements
Sec. 26.575.030 Public amenity
Sec. 26.575.040 Reserved
Sec. 26.575.045 Junkyards and service yards
Sec. 26.575.050 Fences
Sec. 26.575.060 Reserved (formerly Utility/trash/recycle service areas)
Sec. 26.575.070 Reserved
Sec. 26.575.080 Child care center
Sec. 26.575.090 Home occupations
Sec. 26.575.100 Landscape maintenance
Sec. 26.575.110 Building envelopes
Sec. 26.575.120 Satellite dish antennas
Sec. 26.575.130 Wireless telecommunication services facilities and equipment
Sec. 26.575.140 Accessory uses and accessory structures
City of Aspen Land Use Code
Part 500 – Table of Contents
Sec. 26.575.150 Outdoor lighting
Sec. 26.575.160 Dormitory
Sec. 26.575.170 Fuel storage tanks
Sec. 26.575.180 Reserved (formerly Required delivery area and vestibules for commercial
buildings)
Sec. 26.575.190 Farmers' market
Sec. 26.575.200 Group homes
Sec. 26.575.210 Lodge occupancy auditing
Sec. 26.575.220 Vacation Rentals
Chapter 26.580 RESERVED
Chapter 26.590 TIMESHARE DEVELOPMENT
Sec. 26.590.010 Purpose and intent
Sec. 26.590.020 Applicability
Sec. 26.590.030 Prohibitions
Sec. 26.590.040 Procedure for review
Sec. 26.590.050 Timeshare review standards
Sec. 26.590.060 Application contents
Sec. 26.590.070 Timeshare documents
Sec. 26.590.080 Amendments
Sec. 26.590.090 Appeals
Chapter 26.500
PUBLIC PROJECTS
Sections:
Sec. 26.500.010 Purpose
Sec. 26.500.020 Authority
Sec. 26.500.030 Applicability
Sec. 26.500.040 Procedures for review
Sec. 26.500.050 Advisory group
Sec.26.500.060 Timing requirements
Sec.26.500.070 General review standards
Sec. 26.500.075 Review standards for private development projects
Sec.26.500.080 Application
Sec.26.500.090 Appeals
26.500.010 Purpose
It is the purpose of this Chapter to exempt certain types of development from applicable sections,
except as noted herein, of Title 26 and to establish an alternative process and standards for the
review, analysis and approval of those types of developments determined to be eligible for such
alternative review and analysis. The purpose in identifying and applying alternative review standards
for certain developments eligible for such treatment is to provide a more flexible, streamlined,
thorough and coordinated review of public projects or when it is determined by the City Council to be
in the best interests of the community to do so.
(Ord. No. 11-2015, § 2)
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26.500.020 Authority
Public Project review of certain public and quasi-public projects is mandated by State law, including
but not limited to, C.R.S. §31-23-209. As a home rule municipality organized and operating under
Article XX of the Colorado Constitution, the City of Aspen is vested with the authority and power to
exempt certain types of development from the Aspen Land Use Code, Title 26 of the Aspen
Municipal Code.
(Ord. No. 11-2015, § 2)
26.500.030 Applicability
This Chapter shall apply to any development proposed within city limits if the Applicant for
development is a governmental entity, quasi-municipal organization, or public agency providing
essential services to the public and which is in the best interests of the City to be completed. The
Community Development Director or City Council may authorize a private development to be
reviewed as a Public Project pursuant to Section 26.500.040(D). By way of example and not
limitation, Public Project development shall include:
1. Affordable housing projects developed by the City, a governmental entity, a quasi-municipal
organization, or a public agency, by itself or in conjunction with an agent or private
developer.
2. Public buildings, structures, and facilities developed by the City, a governmental entity, a
quasi-municipal organization, or a public agency.
3. Park and recreational facilities development.
4. Development applications determined by the Community Development Director or City
Council, pursuant to Section 26.500.040(D), to support important community goals and to be
reasonably necessary for the convenience or welfare of the public.
Routine maintenance and upgrades within the public right-of-way are exempt from this Chapter. An
application for development that is eligible for review as a Public Project is not required to be
reviewed as a Public Project. The Applicant may elect to have their development proposal reviewed
according to the standard procedures set forth by the Land Use Code.
(Ord. No. 11-2015, § 2)
26.500.040 Procedures for review
The Community Development Director shall make a determination that the proposed development
application qualifies for Administrative, Minor, or Major Public Project Review. The necessary steps
for each type of review are outlined below:
A. Administrative Public Project Review. The following types of Public Projects may be
approved, approved with conditions, or denied by the Community Development Director:
1. Projects necessary to achieve compliance with building, fire, or accessibility codes on an
existing property or building; or
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2. The addition of energy production systems or energy efficiency systems or equipment on an
existing property or building; or
3. Projects that do not change the use, character, or dimensions of the property or building, or
represent an insubstantial change to the use, character, or dimensions of the property or
building.
The Community Development Director may seek advisory comments from the Historic Preservation
Commission, Planning & Zoning Commission, City Council, neighbors, or the general public as may
be appropriate.
The Community Development Director shall approve, approve with conditions, or deny an
application for Administrative Public Project Review, based on the standards of review in Section
26.500.070, General Review Standards.
B. Minor Public Project Review. An application for Public Project review that the Community
Development Director finds is generally consistent with the existing development, but does not
qualify for Administrative Public Project Review, shall qualify for Minor Public Project Review. City
Council, during a duly noticed public hearing, shall approve, approve with conditions, or deny an
application for Minor Public Project Review, based on the standards of review in Section 26.500.070,
General Review Standards. The review process is as follows:
Step One – Public Hearing before City Council.
1. Purpose: To determine if the application meets the standards for Minor Public Project
Review.
2. Process: The City Council shall approve, approve with conditions or deny the proposed
development, after considering the recommendations of the Community Development
Director and comments and testimony from the public at a duly noticed public hearing.
3. Standards of review: The proposal shall comply with the review standards of Section
26.500.070.
4. Form of decision: City Council decision shall be by Ordinance.
5. Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3, the requirements of Section 26.304.035 – Neighborhood Outreach as
applicable, and the requisite notice requirements for adoption of an ordinance by City
Council.
The Community Development Director may seek advisory comments from the Historic Preservation
Commission, Planning & Zoning Commission, neighbors, or the general public as may be
appropriate.
C. Major Public Project Review. An application for Public Project review that the Community
Development Director finds represents a significant change to the property shall qualify for Major
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Public Project Review. City Council, during a duly noticed public hearing, shall approve, approve
with conditions, or deny an application for Major Public Project Review, based on the standards of
review in Section 26.500.070, General Review Standards. The review process is as follows:
Step One – Public Hearing before Planning & Zoning Commission or Historic Preservation
Commission.
1. Purpose: To determine if the application meets the standards for Minor Public Project
Review.
2. Process: The Planning and Zoning Commission, or Historic Preservation Commission if the
property is designated or is located within a historic district, shall forward a recommendation
of approval, approval with conditions, or denial to City Council after considering the
recommendation of the Community Development Director and comments and testimony from
the public at a duly noticed public hearing.
3. Standards of Review: The proposal shall comply with the review standards of Section
26.500.070. Private development projects authorized to be reviewed as Major Public
Projects, pursuant to Section 26.500.040(D), shall also be required to comply with the review
standards of Section 26.500.075.
4. Form of Decision: The Planning and Zoning Commission or Historic Preservation
Commission recommendation shall be by resolution.
5. Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3 and the provisions of Section 26.304.035 – Neighborhood Outreach as
applicable.
Step Two – Public Hearing before City Council.
1. Purpose: To determine if the application meets the standards for Major Public Project Review.
2. Process: The City Council shall approve, approve with conditions or deny the proposed
development, after considering recommendations of the Community Development Director,
the advisory group (if applicable), and comments and testimony from the public at a duly
noticed public hearing.
3. Standards of Review: The proposal shall comply with the review standards of Section
26.500.070. Private development projects authorized to be reviewed as Major Public
Projects, pursuant to Section 26.500.040(D) shall also be required to comply with the review
standards of Section 26.500.075.
4. Form of decision: City Council decision shall be by Ordinance.
5. Notice Requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3, the requirements of Section 26.304.035 – Neighborhood Outreach as
applicable, and the requisite notice requirements for adoption of an ordinance by City
Council.
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D. Private Development Authorization. A private development project that meets the established
thresholds for Administrative or Minor Public Projects and meets the criteria found in Section
26.500.040.D.3, may be authorized for Public Project review by the Community Development
Director. A private development project that does not meet the established thresholds for
Administrative or Minor Public Project Review may be reviewed as a Major Public Project, pursuant
to Section 26.500.040(C), only after authorization from City Council during a duly noticed public
hearing. The authorization process is as follows:
Step One – Public Hearing before City Council.
1. Purpose: To determine if the application is eligible for Public Project Review.
2. Process: The City Council shall authorize or deny authorization for the proposed private
development project to be reviewed as a Major Public Project, after considering
recommendations of the Community Development Director, and comments and testimony
from the public at a duly noticed public hearing.
3. Standards of Review: The proposal shall comply with the following review standards:
a. The proposed development would provide an essential service to the public.
b. The public project review process is in the best interest of the City to be completed.
c. The proposed development furthers community goals as articulated in the Aspen Area
Community Plan, the Civic Master Plan, or other plans adopted by the City.
4. Form of decision: City Council decision shall be by Resolution.
5. Notice Requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3, the requirements of Section 26.304.035 – Neighborhood Outreach, and the
requisite notice requirements for adoption of a resolution by City Council.
6. Effect of Authorization: If City Council authorizes a private development to be reviewed as a
Major Public Project, it shall be subject to the review procedures of Section 26.500.040(C),
Major Private Projects, and shall be required to use an Advisory group as outlined in Section
26.500.050, Advisory Group.
(Ord. No. 11-2015, § 2)
26.500.050 Advisory group
For Major Public Project Reviews, the Applicant may elect to have an advisory group review the
project prior to public hearings. The members of the advisory group shall be appointed by the City
Manager and shall consist of members of City boards, commissions and other interested parties
(including at least two (2) members of the public at large) not already involved in the review process
outlined in Section 26.500.040(C). The chair of the advisory group shall be the Community
Development Director. The chair of the advisory group shall prepare meeting agendas, coordinate
meeting dates for the advisory group and facilitate all meetings. The decision by the Applicant to
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create an advisory group shall constitute an agreement to extend the timing of the review beyond that
required in Section 26.500.060, Timing Requirements.
The advisory group shall meet and review the proposed development application prior to Section
26.500.040(C), Step One. The standards of review in Section 26.500.070, General Review Standards
shall be used as a guide.
Following a review of the proposed development and at such time as the Community Development
Director believes that further review by the advisory group would not significantly improve the
overall development proposal, the Community Development Director shall create a report of the
recommendations of the advisory group to forward to P&Z, or HPC, and City Council. The
Community Development Director's report shall include:
1. All of the land use decisions and approvals that would otherwise be required for the proposed
development.
2. A report of the deliberations and recommendations made by the advisory group.
3. A recommendation to approve, approve with conditions, or deny the proposed development.
(Ord. No. 11-2015, § 2)
26.500.060 Timing requirements
Unless an alternate timeframe is agreed upon between the Applicant and Community Development
Director, City Council shall approve, approve with conditions, or deny an application for Public
Project Review within sixty (60) days of the Community Development Director’s acceptance of a
complete land use application. City projects and private development projects authorized to be
reviewed as Major Public Projects pursuant to Section 26.500.040(D) shall not require a decision
within sixty (60) days.
(Ord. No. 11-2015, § 2)
26.500.070 General review standards
The following review standards shall be used in review of any application for Public Projects:
1. The proposed project complies with the zone district limitations, or is otherwise compatible
with neighborhood context; and
2. The proposed project supports stated community goals; and
3. The proposed project complies with all other applicable requirements of the Land Use Code;
and
4. The proposed project receives all development allotments required by Chapter 26.470,
Growth Management Quota System.
(Ord. No. 11-2015, § 2)
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26.500.075 Review standards for private development projects
The following review standards shall be used in review of any private development application
authorized to be reviewed as a Major Public Project:
1. The proposed project meets all requirements of Chapter 26.470, Growth Management
Quota System, and Chapter 26.480, Subdivision.
2. The proposed development would provide an essential service to the public.
3. The proposed development is in the best interest of the City to be completed.
4. The proposed development furthers community goals as articulated in the Aspen Area
Community Plan, the Civic Master Plan, or other plans adopted by the City.
(Ord. No. 11-2015, § 2)
26.500.080 Application
An application for Public Projects Review shall include the following:
1. The general application information required in common development review procedures set
forth at Section 26.304.030.
2. Any documents required for recordation meeting the requirements of Chapter 26.490 –
Approval Documents.
3. Any additional materials, documentation or reports that would otherwise be required and is
deemed necessary by the Community Development Director.
(Ord. No. 11-2015, § 2)
26.500.090 Appeals
An applicant aggrieved by a decision made by the Community Development Director regarding
administration of this Chapter may appeal such decision to the City Council, pursuant to Chapter
26.316, Appeals. Other administrative remedy may be available pursuant to C.R.S. §31-23-209.
(Ord. No. 11-2015, § 2)
(Special Note: Ord. No. 9 -2015 repealed Development Reasonably Necessary for the Convenience
and Welfare of the Public chapter and replaced it with Public Projects chapter, past amendments
include Ord. No. 7-2000, § 3; Ord. No. 1-2002, § 12; Ord. No. 27-2002, §§ 20 and 21, 2002)
City of Aspen Land Use Code
Part 500 – Signs
Page 1
City of Aspen Land Use Code
Part 500 – Signs
Page 1
Chapter 26.510
SIGNS
Sections
26.510.010 Purpose
26.510.020 Applicability and scope
26.510.030 Prohibited signs
26.510.040 Signs not requiring a permit
26.510.050 Procedure for sign permit approval
26.510.060 Sign measurement and location
26.510.070 Sign illumination
26.510.080 Sign lettering, logos and graphic designs
26.510.090 Definition, sign types and characteristics
26.510.100 Signage allotment
26.510.110 Sandwich board signs
26.510.120 Policies regarding signage on public property
26.510.010 Purpose
In order to preserve the City as a desirable community in which to live, vacation and conduct
business, a pleasing, visually attractive environment is of foremost importance.
Toward this end, the City Council finds that the City 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 purpose of this Chapter is to promote a comprehensive system of reasonable, effective,
consistent, content-neutral and nondiscriminatory sign standards and requirements.
These sign regulations are intended to:
A. Enhance the attractiveness and economic well-being of the City as a place to live, vacation and
conduct business.
B. Work with businesses to preserve and maintain the City as a pleasing, visually attractive
environment.
C. 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.
D. Enable the identification of places of residence and business through an appropriate balance of
signage and community aesthetics.
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Part 500 – Signs
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E. Allow for the communication of information necessary for non-commercial and commercial
purposes.
F. 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.
G. 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.
H. Preclude signs from conflicting with the principal permitted use of the site or adjoining sites.
I. Protect the public from the dangers of unsafe signs and require signs to be constructed, installed
and maintained in a safe and satisfactory manner.
J. 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.
K. Regulate signs in a manner that does not interfere with, obstruct vision of or distract motorists,
bicyclists or pedestrians.
26.510.020 Applicability and Scope
A. Generally. This Chapter applies to all signs within the City, except for signs permitted
through an approved Planned Development.
B. No Restriction on Content. No provision of this Chapter shall be construed to regulate or
restrict sign content or message. Any sign authorized in this Chapter may contain any commercial or
non-commercial copy in lieu of any other copy.
C. Signs Required by Law. The City of Aspen is subordinate to the laws of the federal
government and state of Colorado. This Chapter does not prohibit signs, sign locations, or sign
characteristics that are required by state or federal law.
26.510.030 Prohibited Signs
The following signs are prohibited for erection, construction, repair, alteration, relocation or
placement in the City.
A. "A" Frame, Sandwich Board and Sidewalk or Curb Signs except as allowed per Sec.
26.510.110, Sandwich Board Signs.
B. Permanent Banners and Pennants except as approved by the Special Events Committee per
Section 26.510.120.
C. Billboards and Other Off-Premise Signs. Billboards and other off-premise signs are
prohibited, except as a temporary sign as provided for in Section 26.510.040.A, Signs Not Requiring
a Permit. [Note: this prohibition includes security company signs, which do not comply with the
regulations set forth in this Title.]
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Part 500 – Signs
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D. 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 except as permitted per
Section 26.575.150, Outdoor lighting.
E. Moving/Variable Message Signs. Electronically controlled copy changes, or any other signs
that move or use movement to emphasize text or images are prohibited. Objects independent of a
sign or objects on a sign that move, rotate, or revolve and do not include text or images are permitted
(see also Section 26.510.030.S, Television Monitors, and Section 26.510.070, Sign Illumination).
F. Neon and Neon Appearing Signs. Neon lights, similar gas-filled light tubes, and lighting made
to appear as neon are prohibited, except when used for indirect illumination and in such a manner as
to not be directly exposed to public view. This includes technology that simulates or mimics neon
signs through the use of LED lights or other methods.
G. Portable and Wheeled Signs except as allowed per Sec. 26.510.110, Sandwich Board Signs.
H. Roof Signs. A sign mounted on a roof.
I. Search Lights or Beacons except as approved per Subsection 26.575.150.H, Outdoor Lighting,
Exemptions.
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 Unprotected Speech. Signs containing material that advocates and incites
imminent lawless action, obscenity, defamation, speech integral to criminal conduct, child
pornography, or threats to the public health, safety and general welfare are not protected by the First
Amendment to the United States Constitution or Article II, Section 10 of the Colorado Constitution
and are prohibited.
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 ingress or egress, prevents free passage from one part of a roof to any other part, interferes with an
opening required for ventilation or is attached to or obstructs any standpipe, fire escape or fire
hydrant. A sign which obstructs the free movement of pedestrians on sidewalks, pedestrian malls,
trails or any other public access way.
N. Signs on Parked Vehicles. Signs placed on or affixed to vehicles and/or trailers, including
bicycles, 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 or commercial
service or activity, or direct people to a business or commercial 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 for transportation.
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Part 500 – Signs
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O. Street Blimps.
a. Prohibition. Street Blimps are prohibited. A “Street Blimp” means any advertising display
that is attached to a motorized or non-motorized vehicle, device, or bicycle that carries, pulls,
or transports a sign or billboard, and is for the primary purpose of advertising.
b. Exemption. A “Street Blimp” does not include a sign that is permanently affixed to the body
of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification,
or display and that does not extend beyond the overall length, width, or height of the vehicle.
Examples include license plates installed in accordance with state law. “Permanently affixed”
means any of the following: (a) painted directly on the body of a motor vehicle, (b) applied as
a decal on the body of a motor vehicle, or (c) placed in a location on the body of a motor
vehicle that was specifically designed by a vehicle manufacturer, in compliance with both
state and federal law or guidelines, for the express purpose of containing an advertising sign.
A “Street Blimp” does not include “Human Street Blimp,” which is a sign carried by a person
for a fee. There shall not be more than one (1) Human Street Blimp displayed at any one time
in the City, and the signs shall not exceed six (6) square feet in area.
P. Strings of Light and Strip Lighting. Strip lighting outlining commercial structures and strings
of light bulbs used in any connection with commercial premises unless the lights are shielded and
comply with Section 26.575.150, Outdoor lighting. This does not preclude the use of holiday and
decorative lighting in accordance with this Section and Section 26.575.150, Outdoor lighting.
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. Creates 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;
8. 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.
R. Temporary Signs. Except as otherwise provided for in this section, temporary signs are not
allowed.
26.510.040 Signs not requiring a permit
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Part 500 – Signs
Page 5
The following signs or sign activities do not require a sign permit. This exemption does not relieve
the applicant and owner of the sign from the responsibility of complying with all applicable
provisions of this Title. The exemption applies only to the requirement for a sign permit under this
Section.
A. Ordinary Maintenance. Ordinary preventive maintenance including repainting of a lawfully
existing sign, which does not involve a change of placement, size, lighting, height, or appearance.
B. Temporary Freestanding or Wall Signs During Construction.
1. In addition to signs allowed for any residential or commercial property elsewhere in this
code, one (1) freestanding or wall sign is allowed along each property lot line facing a
street while a site is under construction with the specifications provided by the Building
and Engineering Departments. This sign may be erected and maintained after the
building permit is issued and while the permit for the property is active.
2. In addition to the signs listed in subsection 1 above, up to six (6) signs displayed for the
purposes of public safety and wayfinding may be located on site during the period the
building permit for the property is active. These may be mounted on a screening or
security fence or gate, on a job site trailer, or as stand-alone signs. The total sign area
may not exceed 40% of the dimensions of the gate, fence, trailer, or structure on which
the sign is affixed. These regulations do not prevent the display of signage required for
local, state and federal safety and regulatory compliance.
C. Designated Public Posting Signs. Signs in the public right of way (examples include concert
announcements, special event notifications, and grand openings) can only be placed on designated
public posting areas such as the ACRA kiosk adjacent to the pedestrian mall and designated areas of
public buildings.
D. Incidental Signs. Signs, not exceeding two (2) square feet in area for an individual sign or
occupying a cumulative area of no more than 10% of the front building façade. (Note: Typical uses
of these signs include those providing essential wayfinding and facilities information, identifying
restrooms, public telephones, public walkways, public entrances, accessibility routes, restrictions on
smoking or solicitation, delivery or freight entrances, affiliation with motor clubs, acceptance of
designated credit cards and similar signs providing direction or instruction to persons using a
facility including courtesy information such as “vacancy,” “no vacancy,” “open,” “closed,” and the
like.) Advertising is prohibited on incidental signs. The maximum size established above does not
apply to signs affixed to (and not hanging from or projecting above) ski lifts.
E. Temporary Announcement Signs. During the thirty (30) days prior to and after a new tenant
occupies a leasable space in the CC, C-1, NC, SCI, MU, EBO, L, CL, and SKI zone districts a sign or
sign box not exceeding six (6) square feet in area may be displayed along the street-facing façade of
the building. This temporary sign shall not be permanently affixed to the building façade.
F. Additional Temporary Signs.
1. Applicability. Additional temporary signs containing any message may be displayed on
any property from April 1 through June 15 and October 1 through November 15.
2. Number and size. There shall be no more than three (3) additional temporary signs not to
exceed six (6) square feet each during the time period referenced in subsection F.1 above.
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Signs which comply with this subsection do not count against the maximum allowable
sign area, or the maximum number of signs allowed under this Chapter.
3. Locations. The additional temporary signs shall not be located in any area prohibited for
the sign type. (For example, a wall sign placed during an election period may not be
located above the eave line of a building (see § 26.510.090.G) or in the public right-of-
way.)
4. Structural and Design Standards. Each additional temporary sign erected during the
time period referenced in subsection F.1 above must meet the standards and limitations for
the sign’s structural category, except as follows:
a. They need not be affixed permanently to the ground or building.
b. They may not be illuminated, or digital signs.
G. Flags. Flags that are displayed for noncommercial purposes.
H. Yard Signs. Yard signs may be displayed:
a. Except as provided in subsection 2 and 3 below, one yard sign may be displayed no
more than twice per year per dwelling unit for a period not to exceed three days. This
sign shall not exceed 4 feet in height or four square feet in sign area, shall not be
located in any right-of-way, and shall not be illuminated.
b. During the following time periods, an additional yard signs may be displayed and the
total permitted area may increase by 50 percent:
1) the fourth Thursday in November to the second Monday in January, and
2) the first week in July.
c. When a property is actively for sale or rent and seven (7) days after the sale or rental,
an additional yard sign not to exceed three (3) square feet is permitted. When multiple
units or parcels are available, the yard sign area may be combined, but no one
development or property shall have more than twelve (12) square feet of sign area.
These signs may not be located in the right-of-way.
d. Yard signs must be removed at the conclusion of the time periods listed above.
e. Yard signs are not permitted in rights-of-way, shall be maintained in safe condition,
shall not constitute a fire hazard, and (where internal illumination is permitted) shall
comply with Section 26.575.150, Outdoor Lighting.
I. Government Signs. Signs placed or erected by governmental agencies or associations (such
as signs that control traffic or that provide other regulatory or informational purposes, street signs,
official messages, warning signs, railroad crossing signs, signs of public service companies indicating
danger, or aids to service and safety which are erected by or for the order of government). These
signs may include a variable message display.
J. Historic Designation. Signs placed or preserved by a public agency on or in front of a
historic building or site, which sign shall not exceed six (6) square feet in area, as approved by the
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Historic Preservation Officer in accordance with the Commercial, Lodging, and Historic District
Design Standards and Guidelines.
K. Incidental Signs on Vehicles. Signs placed on or affixed to vehicles or trailers and that are
not defined as a “Street Blimp” in Section 26.510.030. This does not 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.
L. Interior Signs. Signs which are fully located within an enclosed lobby or courtyard of any
building, which are not visible from the public right-of-way, adjacent lots or areas outside the
building.
M. Engraved Signs. Plaques, tablets, markers, or statuary when copy is cut into any masonry
surface or when constructed of bronze or other incombustible materials. Such signs shall not exceed
twelve (12) square feet.
N. Sign Boxes. An exterior surface mounted or pole mounted sign box in the CC, C-1, MU, L,
CL, P, GCS, LO, LP, SKI, and EBO districts as follows:
1. One (1) sign box is permitted per use,
2. the sign box shall not exceed four (4) square feet in area,
3. the height shall not exceed four feet from the point of attachment to principal building in
which the use to which the sign applies is located, and
4. the sign box shall be located on or in front of a building within which a restaurant is
located.
O. Theater Signs. To allow displays that are consistent with the traditional design of theater
building forms, signs not to exceed thirty inches by forty-two inches (30" x 42") may be located
within the inner or outer lobby, court or entrance, window display, or interior or exterior poster box
of a theatre. Variable message displays, televisions, or other forms of digital marquees, which may be
visible from the exterior may be used if they comply with the following: only one variable message
display, television, or similar digital marquee may be designed to be visible exclusively from the
exterior, and may be up to thirty-two (32) inches in size, and the screen shall not be mounted on the
exterior of the building.
P. Machine Signs. Permanent, potentially internally illuminated but non-flashing signs on
vending machines, gasoline pumps, ice or milk containers or similar machines. Machine signs that
are internally illuminated must be located inside of a building or in a space that is not visible from the
public right-of-way.
Q. Television Signs.
1. A “television sign” means a television monitors, or any other electronic device that emits
an image onto a screen.
2. Television signs shall be placed at least fifteen (15) feet set back from the storefront
window.
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3. Television signs less than one-hundred and eighty (180) square inches may be located five
(5) feet from the storefront window only if oriented to not face the public right of way.
4. Television signs one-hundred and eighty (180) square inches or greater in area shall not be
oriented to face the public right-of-way.
26.510.050 Procedure for sign permit approval
A. Permit Required.
a. It is unlawful to erect, place, construct, reconstruct or relocate any sign which requires a
permit without first obtaining a sign permit from the Community Development Director.
b. Existing signs on private property that are authorized by an approved sign permit may be
maintained after the adoption of this Chapter.
B. 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;
3. Proposed location of the sign(s) on the building or parcel and material;
4. A Net Leasable calculation of the applicant’s commercial space per the definition in
26.575.020, along with an explanation of how this information was obtained.
5. Any information needed to calculate permitted sign area, height, type, placement or other
requirements of these regulations.
C. 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 provided to 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.
D. Determination of Compliance. 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.
E. Appeal. An applicant aggrieved by a determination made by the Community Development
Director, pursuant to this Section, may appeal the decision to the Administrative Hearing Officer,
pursuant to the procedures and standards of Chapter 26.316, Appeals.
26.510.060 Sign measurement and location
A. Sign Setback. Signs are not subject to the setback requirements of the Zone District where
they are located.
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B. General. In calculating the area allowance for signs in all Zone Districts, there shall be taken
into account all signs allowed. See Section 26.510.060.D, Sign Area for the method of measuring
signs.
C. Two or More Faces.
1. Where a sign has two or more faces, the area of all faces shall be included in determining
the area of the sign.
2. Where two faces are placed back to back and are at no point more than two feet from one
another, the sign area is:
a. the area of one of the faces if the two faces are of equal area, or
b. the larger face if the two faces are of unequal area.
D. Sign Area. Sign area shall be the area of the smallest four-sided geometric figure which
encompasses the facing of a sign including copy, insignia, background and borders. For residential
monument signs, as provided for in section 26.510.100(B), the measurement of sign area shall
include the lettering and backing, as well as the monument upon which the sign is affixed. For
residential monument signs mounted on landscape walls or fences within setback areas, the wall must
comply with the standards of section 26.575.020(E)(5)(k), and the sign area shall include that area of
the feature upon which the lettering and backing is located and the wall area above and below the
lettering and backing.
E. Sign Area Measurement
Sign area enclosing a four-sided shape.
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Monument sign. Residential monument sign on landscape wall.
F. Cut-Out Letter Signs. Cut-out letter signs shall be credited toward allowable sign area at one-
half (1/2) the measured area (see Figure 1 on the following page). The cut-out letter sign credit is
given because these types of signs encourage transparency in regards to building materials and store
windows, or lessen the impact of signage on awnings. To receive the credit on sign area, cut-out
letter signs shall include the following:
1. Cut-out wall signs made out of wood, metal, stone or glass.
2. Cut-out window signs (such as laminate adhesive lettering)
3. Cut-out window signs that primarily contain text. If the cut-out letter sign contains graphics it
will not receive the sign area credit.
4. Lettering on awnings that use the awning’s primary color for the backing, for example, white
lettering placed on an awning that is completely red. The credit would not be given to white
lettering in front of a black background on an awning that is otherwise completely red.
5. Cut-out wall or window signs shall not exceed twelve (12) feet in width, or half of the total
width of the street facing-building façade of the building on which it is located, whichever is
smaller.
1. Window sign with cut-out letters. 2. Window sign with solid backing. 3.Sign with irregular shape.
*Note: For the purposes of calculating cut-out letter signs for compliance with Section 26.510.100, Signage
Allotment, the size of the cut-out letter sign shall be the final area after the reduction has been applied. For
example, a two by six-foot (2’ x 6’) cut-out letter sign shall be permitted on the wall of a retail use, given that
after the reduction has been applied it is only considered a (6) square foot sign.
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G. Sign Location and Placement.
1. When possible, signs shall be located at the same height on buildings with the same block
face. Signs shall not obstruct or hide architectural features. Signs shall be consistent with the
color, scale, and design of the building on the same lot or façade, and be proportionate to the
scale of the facades. The location of a sign on a building shall correspond with the interior
tenant space associated with the sign. For example, a business on the first floor of a building
shall not place a sign on the second floor of the building. No sign shall be placed above the
second floor of the building, or 28’ above the street level, whichever is less. However,
businesses on upper levels may place signage on the ground level to indicate the entrance for
the business.
2. Signs and sign mounting hardware placed on historic buildings shall not undermine the
integrity, character or historic materials of the building as provided in the Commercial,
Lodging, and Historic District Design Standards and Guidelines. Signs on historic masonry
buildings should be mounted in the mortar, not the brick, and should be placed to maintain the
integrity and health of historic materials. Applicants shall consult with the Historic
Preservation Officer prior to receiving a sign permit to ensure the proposed sign and mounting
materials do not undermine historic resources.
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26.510.070 Sign illumination
A. Allowed Illumination. Illumination of signs shall be designed, located, directed and shielded
in such a manner that the light source is fixed and is not directly visible from and does not cast glare
or direct light upon any adjacent property, public right-of-way, or motorist's vision. Illumination
shall comply with Section 26.575.150, Outdoor lighting. One backlit sign is permitted on buildings
in which a Retail, Restaurant and Lodge uses in located if the emitted light does not create excess
glare or light trespass onto other properties. Backlit signs shall be constructed of an opaque material.
Illuminated channel-letter signs are allowed if the face and sides are constructed of an opaque
material. Sign lighting shall be controlled by a light sensor, timer, or equivalent system in order to
minimize the duration of illumination. Businesses are allowed no more than one backlit or
illuminated channel-letter sign.
B. Brightness
1. Illuminated signs shall not operate at brightness levels of more than 0.3 footcandles above
ambient light at the property line, as measured using a footcandle meter.
2. Prior to the issuance of a sign permit, the applicant shall provide written certification from the
sign manufacturer that the light intensity has been factory pre-set not to exceed seven
thousand (7,000) nits and that the intensity level is protected from end-user manipulation by
password-protected software or other method as deemed appropriate by the director.
C. Prohibited Illumination. No sign shall be illuminated through the use of internal, oscillating,
flickering, rear (excluding permitted backlit illumination), variable color, fluorescent illumination or
neon or other gas tube illumination except when used for indirect illumination and in a manner, that
directs the lighting away from the public right-of-way.
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 first 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 inches in height
and eighteen inches in length (18" x 18").
26.510.090. Sign types and characteristics
A. Awning Signs. No sign placed on an awning may project above, below, or off an awning. Signs
may only be placed on awnings that meet the definition for Awning in Section 26.104.100,
Definitions.
B. Freestanding Signs. The highest point of any part of a Freestanding sign shall not be higher than
the principal building or six (6) feet, whichever is less, and cannot project into the public or
pedestrian right-of-way.
C. Materials. Except for the Temporary Announcement Sign provided for in Section 26.510.040.E,
signs shall be made primarily out of wood, glass, metal, or stone. Sandwich board signs must contain
a fixed message or be made out of chalkboard. Dry erase boards are prohibited.
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D. Monument Signs. The size and design of a monument sign shall meet the use requirements for
that type of sign. The sign face must be directly connected to the base of the sign. Landscaping shall
be provided so that the sign transitions naturally into the ground.
E. Projecting Signs. Projecting signs, also known as hanging or blade signs, shall not be higher
than the eave line or parapet wall of the top of the principal building, shall have a minimum clearance
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 the
sign is an integral part of an approved canopy or awning.
F. Variable Message Display. An electronic traffic sign, which may contain a changing message,
often used on roadways to give travelers information on special events or road conditions.
G. 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.
H. Window Signs. Window signs may be made of adhesive vinyl material.
I. Window Displays: Window displays (for example, the display of merchandise and
representations thereof) are not subject to this Chapter, except as provided in this subsection N, and
do not require a sign permit.
Businesses required to shield product displays and sales areas from public rights-of-way in order to
comply with State of Colorado regulations regulating the visibility of products and sales areas must
use window displays, as opposed to window wraps or other methods. These window displays shall
be constructed to comply with all State requirements for visibility, shall be constructed in a good and
workmanlike manner, and shall comply with the requirements of this section.
Illumination of window displays shall be provided from full cut-off fixtures, shall not exceed 3
footcandles at the building exterior, and shall be directed inward towards the business to minimize
excess glare or light trespass on adjacent properties and public rights-of-way. The following types of
illumination and signs are prohibited within window displays:
1. Televisions, computer monitors or other similar technological devices that create oscillating
light.
2. Neon or other gas tube illumination, rope lighting or low-voltage strip lighting, except when
used for indirect illumination and in such a manner as to not be directly exposed to public
view.
3. Backlit or internally illuminated displays or graphics.
26.510.100 Sign allotment
A. General Sign Allotment Rules.
1. Allotment. Sign allotment for all commercial businesses is based on the size of the Net
Leasable Space the business occupies. How to calculate Net Leasable Commercial Space can
be found in Section 26.575.020.I, Measurement of Net Leasable Commercial Space.
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2. Projecting Sign. The area of a Projecting sign is exempt from sign allotment if:
a. The sign is installed perpendicular to the front façade of the building.
b. The sign is no larger than six (6) sq. ft. per side.
3. Interior Signs. Interior signs placed within fifteen (15) feet of storefront windows count
towards a business’s signage allotment. Signs placed perpendicular to the public right-of-way
or more than fifteen (15) feet from the storefront window are exempt from sign calculations.
4. Multi-Tenant Buildings. Buildings with four (4) or more tenants may create two (2) signs of
up to ten (10) square feet in addition to the sign allotment for the individual tenants. One of
the signs may be in the form of a freestanding sign.
5. Window Signs/Displays. Window signs and window displays are allowed only in the CC,
C1, NC, SCI, CL and L zones, as follows:
a. Window Signs and Wraps. A Window sign shall not exceed 50% of a window’s area.
Text and logos shall not exceed 25% of the window sign or wrap area.
b. Window signs and wraps which conform to the standards in subsection 5.a above do not
count towards a business’s or building’s sign allotment. For window wraps and signs
which exceed the standards of subsection 5.a, the entirety of the window sign or wrap area
shall be included in the calculation of sign area for the business or building.
6. Sandwich board signs, where permitted, do not count towards a business’s sign allotment.
B. Sign Allotment.
1. Non-Residential and Mixed Use Districts. The following allotments apply to the CC, C-1,
S/C/I, NC, MU, A, P, PUB, T, GCS, SKI, and EBO zone districts:
a. The sign allotment for individual businesses is as follows:
Net Leasable Space Sign Allotment per tenant or occupant
< 2,500 square feet 6 square feet
2,501 – 23,999 square feet 8 square feet
> 24,000 20 square feet
b. No single sign may be larger than six (6) sq. ft. in area.
c. Essential Public Facilities are calculated using the methodology for Net Leasable
Area.
2. Residential Locations:
a. Generally. A multi-family complex, subdivision entrance, or mobile home park is allotted
one wall, freestanding or monument sign with a maximum area of 16 square feet.
b. Bed and Breakfast or Home Occupation. In addition to the yard signs provided for in
Section 26.510.040.H, a building that includes a Bed and Breakfast or Home Occupation
is allotted one (1) sign with a maximum area of six (6) square feet.
c. Non-residential Uses in Residential Zone Districts. A non-residential use (other than a
home occupation) located in a residential zone district (R-6, R-15, R-15A, R-15B, R-30,
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RMF, RMFA, APHD, R-3, or RR), is allotted one monument sign with a maximum area
of 12 square feet.
3. Lodge Districts. Buildings in the L, CL, LO, LP, shall receive a sign allotment of twelve
(12) square feet per business.
26.510.110 Sandwich board signs
The display of sandwich board and similar free-standing, two sided signs on public or private
property is not permitted. Sandwich board signs with a valid City of Aspen permit may be displayed
until the annual permit expires, or September 28, 2018, whichever is later. Expired sandwich board
permits will not be renewed and sandwich board signs displayed without a permit must be removed
in accordance with the City of Aspen Municipal Code.
26.510.120 Policies regarding signage on public property
The purpose of these regulations is to establish reasonable regulations for the posting of temporary
signs, displays and banners on certain public property. These regulations include signs on public
rights-of-way, banners and flags on light posts on Main Street, signs in City parks, displays in City
parks, signs hung across Main Street at Third Street, and signs on public buildings. These regulations
shall be read in conjunction with this Chapter and are not intended to supersede this Chapter’s
regulation of signs.
Temporary signs and displays provide an important medium through which individuals may convey a
variety of noncommercial and commercial messages. However, left completely unregulated,
temporary signs and displays can become a threat to public safety as a traffic hazard and detrimental
to property values and the City's overall public welfare as an aesthetic nuisance. These regulations
are intended to supplement this Chapter and to assist City staff to implement the regulations adopted
by the City Council. These regulations are adopted to:
1. Balance the rights of individuals to convey their messages through temporary signs or
displays and the right of the public to be protected against unrestricted proliferation of signs
and displays;
2. Further the objectives of this Chapter; and
3. Ensure the fair and consistent enforcement of the sign and display regulations specified
below.
This Section, “policies regarding signage on public property,” states: "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 light
posts, belonging to the City without the permission of the City Council." Sign permits issued by the
City Manager or his or her designee, that are in conformance with these regulations shall constitute
City Council permission within the meaning of this Section, Signs on public rights-of-way.
Applications for sign permits that do not comply with these regulations shall be forwarded to the City
Council for consideration if requested by the applicant.
A. Definitions.
1. Unless otherwise indicated, the definitions of words used in these regulations shall be the
same as the definitions used in this Chapter, Signs. In addition, the following definitions shall
apply:
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2. Banner means any sign of lightweight fabric, plastic or similar material that is attached to any
structure, pole, line or vehicle and possessing characters, letters, illustrations or
ornamentations.
3. Banner, Light Post means any sign of lightweight fabric, plastic or similar material that is
attached to a light post and possessing characters, letters, illustrations or ornamentations
which meets the dimensional requirements for and is intended to be installed on municipal
light posts.
4. Display means any symbol or object that does not meet the definition of a sign as defined in
this Code, but like a sign is intended to convey a message to the public.
5. Flag means any fabric or bunting containing distinctive colors, patterns or symbols, which
meets the dimensional requirements and is intended to be installed on municipal light posts.
6. Public Right-of-Way means the entire area between property boundaries which is owned by a
government, dedicated to the public use or impressed with an easement for public use; which
is primarily used for pedestrian or vehicular travel; and which is publicly maintained, in
whole or in part, for such use; and includes without limitation the street, gutter, curb,
shoulder, sidewalk, sidewalk area, parking or parking strip, pedestrian malls and any public
way.
7. Sign means and includes the definition for sign as contained in Section 26.104.100,
Definitions, of this Code. The term shall also include displays as that term is defined above.
8. Sign, Inflatable means any inflatable shape or figure designed or used to attract attention to a
business event or location. Inflatable promotional devices shall be considered to be
temporary signs under the terms of this Chapter and, where applicable, subject to the
regulations thereof.
B. Signs on Public Rights-of-Way.
1. Purpose: The purpose of this policy is to regulate signs permitted to be located temporarily in
the public right-of-way. Temporary signs are permitted in public rights-of-way if the
following policies and procedures are followed. These regulations do not apply to banners on
the Main Street light posts or hanging across Main Street that are subject to different
regulations and criteria.
2. Size/Number/Material: Only two signs per person/event/organization are permitted. Signs
shall not exceed ten square feet each and banners shall not exceed fifty square feet. Banners
must be made of nylon, plastic or similar type material. Paper signs and banners are
prohibited.
3. Cost/Fees/Procedures: Applicants shall be required to pay the necessary fees for approval
from the Special Events Committee. Any event not requiring review by the Special Events
Committee shall submit a sign plan to the Community Development Department for review
and approval for a fee as outlined in Chapter 26.104.072, Zoning Fees, of this Code.
Applications must be received a minimum of thirty days prior to the event. The applicant
shall also submit a refundable security deposit as outlined in the current fee schedule to be
applied to any damages, repairs or the cost of removal if not corrected/removed by the
applicant within three days.
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4. Duration: Temporary signs authorized pursuant to this Section shall be erected and
maintained for a period not to exceed eighteen (18) days.
5. Maintenance: All signs and banners shall be maintained in an attractive manner, shall not
impede vehicular or pedestrian traffic and shall not pose a safety risk to the public.
6. Exceptions: Any exceptions from the above requirements shall require City Council review
and approval.
C. Banners and Flags on Main Street Light Posts.
1. Purpose: Banners and flags hung from light posts on Main Street have traditionally been
permitted to further a variety of interests, such as to celebrate special events of community
interest. The purpose of these policies and regulations is to clarify the manner of displaying
banners or flags hung from the City-owned light posts on Main Street.
2. Eligibility: Only City-owned flags or banners are permitted on Main Street light posts.
3. Size/Number/Material: All proposed banners or flags should meet the City's specifications
for size, mounting and material. Banners shall be two feet wide and four feet high (2' x 4') to
be compatible with mounting system on the light posts. Banners and flags must be made of
nylon, plastic or similar material. Paper is not allowed.
4. Copy: The City reserves the right to request changes to the design, color or copy in order to
assist the applicant in complying with this policy.
5. Cost/Fees/Procedures: The cost of installation is outlined in the current fee schedule as
amended from time to time. A refundable security deposit as outlined in the current fee
schedule shall be required to assure replacement of damaged banners and retrieval of the
banners from the City (see Section g below for maintenance requirements). The applicant
shall submit an application to the City Manager's office showing the dimensions, design and
colors of the proposed banners or flags at least three (3) months prior to the event. Flags are
required to be delivered to the City Parks Department one (1) week prior to the event.
Banners shall be delivered to the Utility Department on Fridays at least two (2) weeks prior to
their installation.
6. Duration: The display of banners and flags on the Main Street light posts shall not exceed
fourteen (14) days or the duration of the event, whichever is less.
7. Maintenance: Prior to the placement of banners or flags on City street light posts, the
applicant shall provide to the City a number of replacement flags or banners to be determined
by the City. These replacement flags or banners shall be used by the City to replace banners
or flags that are stolen or damaged. The cost of replacing banners or flags shall be deducted
from the security deposit. Once banners have been removed, the applicant shall be required to
pick up the banners from the City within three (3) days.
D. Signs in City Parks.
1. Purpose: Unattended signs are generally prohibited in City parks. The purpose of this policy
is to regulate unattended temporary signs that are permitted in limited circumstances in City
parks.
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2. Size/Number/Material: Unattended temporary signs located in City parks shall be limited in
size to three feet by six feet. Two (2) signs per person, organization or sponsor are allowed to
face towards the event venue, and five (5) signs are allowed to face towards the public rights-
of-way. These signs are not allowed to extend more than ten (10) feet above grade. Banners
must be made of nylon, plastic or similar material. Paper banners and flags are prohibited.
The Special Events Committee may approve one (1) inflatable per event of no more than
twenty (20) feet in height if a suitable on-site location can be provided and if there is a
demonstrable community benefit.
3. Location: Signs shall be set back at least ten (10) feet from the public right-of-way.
4. Cost/Fees/Procedures: Applicants shall be required to pay the necessary fees for approval
from the Special Events Committee. Any event not requiring review by the Special Events
Committee shall submit a sign plan to the Community Development Department for review
and approval for a fee as outlined in the current fee schedule. The applicant shall also submit
a refundable security deposit as outlined in the current fee ordinance to be applied to any
damages, repairs or the cost of removal if not corrected/removed by the applicant within three
(3) days. The applicant shall receive the necessary approval prior to the installation of any
signs. Applications must be received no later than thirty (30) days prior to the event.
5. Duration. Unattended temporary signs may be erected and maintained only for the duration
of the event or forty-eight (48) hours, whichever is less. All signs must be removed
immediately following the event.
6. Maintenance: All signs must be maintained in an attractive manner, shall not impede
vehicular or pedestrian traffic and shall not pose a safety risk to the public. A fifty dollar
($50.00) refundable security deposit will be required to insure compliance.
E. Signs Across Main Street at Third Street.
1. Purpose: The purpose of this policy is to regulate signs permitted to be located temporarily
across the Main Street right-of-way at Third Street. Temporary signs shall be permitted in
this location if the following policies and procedures are followed. These regulations do not
apply to banners on the Main Street light posts or signs other than those hanging across Main
Street at Third Street.
2. Eligibility: Only City-owned banners are permitted on signs extending across the Main Street
right-of-way at Third Street.
3. Size/Number/Material: Banners must consist of the following specifications:
a. Any type of durable material;
b. Semicircular wind holes in banner;
c. Metal rivets at all corners and every twenty-four (24) inches along the top and bottom of
the banner;
d. Size will be twelve (12) feet in length and three (3) feet in width.
4. Cost/Fees/Procedures:
a. Main Street banner application and banner policy and procedure form must be obtained
from the City Manager's office and completed by the party making the request and
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returned to the City Manager's office no less than 30 days prior to the date requested to
hang the banner.
b. The exact legend of the banner must be indicated in writing (see specific area on
application form). Sponsors are advised that banners are most visually effective when
kept simple: i.e., event, date organization and logo.
c. The cost of installation is outlined in the current fee schedule as amended from time to
time, and must accompany the application form and be reviewed in the City Manager's
office 30 days prior to the date the banner will be hung. All organizations will be charged
the same rate, accordingly.
d. All banners should be delivered directly to the Electric Department, which is located in
back of the Post Office at 219 Puppy Smith Road, by noon the Friday prior to the Monday
hang date. Any banner not delivered by noon the prior Friday is subject to an additional
fifty-dollar ($50.00) charge.
e. Please pick up the banner from the Electric Department within 30 days after the display
week(s). The City assumes no responsibility for banners, and any banners left more than
30 days may be discarded.
5. Eligibility: The City provides space to hang four (4) single-sided banners and two (2) double-
sided banners across Main Street. Reservations will be taken each year on November 1st for
the following year. The first organization to have their contract negotiated, signed and paid
will be offered the banner space on a first come, first serve basis.
6. Duration: One (1) banner, per event, may be hung for a maximum of fourteen (14) days, as
per Subsection 26.510.040(A)(1). Banner approvals are not guaranteed and will only be hung
upon availability of the Electric Department staff. The length of time that a banner is to be
hung is not guaranteed and may be shortened at the discretion of the City. Based on his/her
judgment as to the best interest of the City, the City Manager may determine which banners
are to be given priority when there are multiple requests for the same time period.
7. Maintenance: All banners shall be maintained in an attractive manner.
8. Exceptions: Any exceptions from the above requirements shall require City Council review
and approval.
F. Signs on Public Buildings.
1. Purpose: This subsection establishes a policy for the installation of sign on public buildings
owned by the City.
2. Eligibility: Only City-owned signs are permitted on public buildings.
3. Size/Number/Material: All proposed signs should meet the City's specifications for size,
mounting and material.
4. Copy: The City reserves the right to request changes to the design, color or copy in order to
assist the applicant in complying with this policy.
5. Cost/Fees/Procedures: The cost of installation is outlined in the current fee schedule as
amended from time to time. A refundable security deposit as outlined in the current fee
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schedule shall be required to assure replacement of damaged banners and retrieval of the
banners from the City (see Section g below for maintenance requirements). The applicant
shall submit an application to the City Manager's office showing the dimensions, design and
colors of the proposed signs.
6. Duration: The display of signs on public buildings shall not exceed fourteen (14) days or the
duration of the event, whichever is less.
7. Maintenance: Prior to the placement of signs on public buildings, the applicant shall provide to the
City a number of replacement signs, which matching the existing signs, to be determined by the City.
These replacement signs shall be used by the City to replace signs that are stolen or damaged. The
cost of replacing signs shall be deducted from the security deposit. Once signs have been removed,
the applicant shall be required to pick up the signs from the City within three (3) days.
(Ord. No. 22, 2017, §1)
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Chapter 26.515
TRANSPORTATION AND PARKING MANAGEMENT
Sections:
26.515.010 Purpose
26.515.020 Applicability
26.515.030 Transportation Mitigation
26.515.040 Parking Requirements
26.515.050 Meeting Parking Requirements
26.515.060 Procedures for Review
26.515.070 Off-Street Parking Requirements
26.515.080 Special Review Standards
26.515.090 Cash-in-lieu for Parking Requirements
26.525.100 Amendments
26.515.110 Appeals
26.515.010. Purpose
This Chapter establishes unified transportation and mobility standards to promote the city’s policies
relating to mobility, access to employment opportunities, and sustainability. This chapter implements
policies from the Aspen Area Community Plan to:
• Limit vehicle trips into Aspen to 1993 levels, and reduce peak-hour vehicle-trips to at or
below 1993 levels;
• Use Transportation Demand Management tools to accommodate additional person trips in the
Aspen Area;
• Maintain the reliability and improve the convenience of City of Aspen transit services;
• Expand and improve bicycle parking and storage within the Urban Growth Boundary;
• Improve the convenience, safety, and quality of experience for bicyclists and pedestrians on
streets and trails;
• Require development to mitigate its transportation impacts; and
• Develop a strategic parking plan that manages the supply of parking and reduces the adverse
impacts of the automobile.
This Chapter establishes a variety of ways for property owners and developers to mitigate their
impacts on the transportation network. As new development and growth occur, increased burdens on
the transportation system can make it more difficult for the City to meet its transportation and air
quality goals. To the extent that increased travel demand can shift away from automobile
dependence, development and growth can be compatible with, and even support, these goals.
To promote this shift in travel behavior, the City has transformed its approach to parking
requirements to focus on the promotion and expansion of mobility options, including more walkable
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development patterns and a more efficient parking system, as well as the provision of public and
development-based mobility resources. This will directly improve the travel experience and quality of
life within growth areas, while helping to maintain the City's transportation-system and air-quality
standards.
This is accomplished through a new integrated approach, which incorporates the City’s
Transportation Impact Analysis (TIA) Guidelines with Off-Street Parking Requirements. Where the
TIA serves to evaluate the potential adverse effects of proposed projects on Aspen’s transportation
systems, the off-street parking regulations focus on on-site mitigation needs resulting from the
provision of parking.
Applicants will use a simplified, two-tiered process that:
1. Determines the project’s TIA applicability and calculates the project’s resulting “parking
requirement,” and
2. Provides a Mobility Plan that includes the applicant’s parking and mobility mitigation
requirements, which includes the provision of parking, utilization of cash-in-lieu, and/or
provision mobility options, including TIA mitigations if applicable.
The City then reviews the project’s mitigations for parking and mobility together as part of the
project’s land use application.
A. Adoption of Transportation Impact Analysis (TIA) Guidelines
Pursuant to the powers and authority conferred by the Charter of the City, there is hereby adopted and
incorporated herein by reference as fully set forth those standards contained in the City of Aspen’s
Transportation Impact Analysis Guidelines, as may be amended, updated and expanded from time to
time by City Council Resolution (referred to in this Code as the “TIA Guidelines”). At least one (1) copy
of the TIA Guidelines shall be available for public inspection at the Community Development,
Engineering, and Transportation Departments.
B. Definitions. As used in this Section, unless the context otherwise requires, the following terms
shall be defined as follows:
Mobility Commitments. Pre-approved alternative mobility measures included in a development
application. These include the TDM and/or MMLOS Mitigation Tools (located on the City’s
website), and include:
• Transportation Demand Management (TDM), which is the application of strategies and
policies to reduce travel demand, particularly single-occupancy vehicles; and
• Multi-Modal Level of Service (MMLOS), which evaluates transportation services of
roadways from a variety of modes including pedestrian, bicycle and transit facilities.
Mobility Plan. A complete development mitigation plan that includes both TIA and parking
requirements.
Parking Maximum. The maximum number of parking spaces allowed on-site for a designated use.
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Parking Minimum. The minimum number of parking spaces that must be provided on-site for a
designated use.
Parking Requirement. The sum of a project’s required Parking Units, as provided in Section
26.515.020.C.2.
Parking Space, Reserved. A parking space that is managed to limit access to specified individuals or
specific on-site land uses.
Parking Space, Accessory. A parking space that is managed to limit access to individuals engaged
with on-site uses (residents, tenants, and their guests/customers), but are shared between all on-site
land uses across different peaks in service throughout a 24-hour period.
Parking Space, Public. A parking space that is managed to provide at least 12 hours of public use in
any 24 -hour period, with approved signage to effectively identify these hours of public access.
Parking Space, Priced. A parking space – whether reserved, accessory, or public – that is priced
comparable to market rates at all times of operation.
Parking Space, Municipal. A parking space that is provided within City of Aspen facilities, or
directly managed by the City of Aspen, whether located in a private or City-owned parking facility.
Parking Unit. A measure of a project’s parking impact, valued at $38,000 per parking space, which
must be mitigated and/or accommodated via mobility commitments, parking provision, and/or cash-
in-lieu.
Shared Parking. Parking that is shared between multiple, distinct land uses, on the same site or
between proximate sites, to make more efficient use of spaces and reduce overall supply needs.
Shared parking can be used to seek provisional approval to either reduce a project’s Parking
Requirement, or to facilitate the use of off-site parking to meet the Parking Requirement. Shared
parking may include priced parking spaces.
Transportation Impact Analysis (TIA). Technical analysis guidelines for potential transportation
impacts generated by development projects within the City of Aspen.
26.515.020. Applicability. This Section applies to all development and redevelopment, unless
otherwise specifically exempted or limited.
A. Determination of Applicability.
The applicant may request a preliminary pre-application conference with staff from the Community
Development Department to determine the applicability of the requirements of this chapter for the
proposed development. The following chart details the applicability of the requirements for varying
project types:
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Figure 1: Applicability chart illustrating how to create a Mobility Plan.
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C. Requirements. This Chapter requires all development and redevelopment to submit a
Mobility Plan, which includes the following:
1. Transportation Mitigation. Mitigation for impacts on the City’s multi-modal
transportation networks through the Transportation Impact Analysis (TIA) process, and
2. Parking Requirement. Mitigation for impacts on the City’s public and private parking
system and the reduction of parking demand through mobility improvements, cash in-lieu
of parking, and/or parking provision.
26.515.030 Transportation Mitigation.
A. General Requirements. All development shall accommodate its projected transportation
impacts as provided in this Chapter. Refer to the Transportation Impact Analysis (TIA) for project
applicability.
B. Approved Trip Reduction Measures. Trip reduction measures, also known as
Transportation Demand Management (TDM) and Multi-Modal Level of Service (MMLOS)
measures, which are approved and implemented for a development pursuant to the Transportation
Impact Analysis Guidelines, shall be maintained for the life of the development. These credits will be
used to satisfy TIA requirements. All requirements shall be incorporated in the project’s
Development Agreement, pursuant to Chapter 26.490, Development Documents.
C. TIA Credits. Upon completion of the TIA analysis, the program will be reviewed for surplus
measures, where credits provided over the minimum TIA requirements may be applied towards
Parking Requirements.
26.515.040 Parking Requirements.
A. General requirements. All development shall accommodate its projected parking impacts as
provided in this Chapter.
B. Parking Requirement Minimums and Maximums.
1. Parking Minimums. Development and redevelopment shall satisfy the minimum
Parking Requirement, as calculated in Table 26.515-1.
2. Parking Maximum. In order to create appropriate site planning and provision of parking,
development and redevelopment shall not provide on-site parking in excess of 125% of
the Parking Minimum requirement in the form of Reserved Parking Spaces or Accessory
Parking Spaces, unless the total number of on-site spaces in excess of 125% of the
Parking Requirement are provided as Public Parking Spaces.
C. Parking Requirement Calculation. Parking Requirements shall be met for each use
according to Table 26.515-1, where requirements are calculated as Parking Units (defined in Section
26.515.010.B):
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Key to Table 26.515-1:
• (1) = Up to 100% of required Parking Requirement, may be provided through cash-in-lieu.
• (2) = A reduction in Parking Requirement may be approved, pursuant to Chapter 26.430,
Special review and according to the review criteria of Section 26.515.080
• (3) = A reduction in Parking Requirements may be approved, pursuant to Chapter 26.520,
Accessory dwelling units and carriage houses.
• (4) = All Single Family and Duplex dwelling units, as well as ADUs and Carriage Houses shall
provide their Parking Requirement as off-street parking spaces.
• SF = Square feet
• NLA = Net leasable square feet of commercial space
Table 26.515-1 Parking Impact Requirement Calculations
Use
Aspen Infill Area
All Other Areas
Parking Requirement
(in units)
Parking Requirement
(in units)
Parking Maximum
(in units)
Commercial(1)
1 unit /1,000 sf Net
Leasable Space
1.25 units / 1,000 sf
NLA 3 units per 1,000 sf NLA(2)
Residential –
Single-Family and
Duplex(4)
Lesser of 1 unit per
bedroom or 2 units
per Dwelling Unit
Greater of 1.25 units
per bedroom or 2.5
units per dwelling
unit
Lesser of 1 unit per bedroom or 2 per
unit
Residential –
Accessory Dwelling Units
and Carriage Houses(3) (4)
1 unit per unit 1.25 units per
unit 1 unit per unit(3)
Residential –
Multi-Family (as a single
use)
1 unit per Dwelling
Unit
1.25 units per
dwelling unit
Lesser of 1 unit per bedroom or two
units per Dwelling Unit
Residential –
Multi-Family within a
mixed-use building
1 unit per Dwelling
Unit
1.25 units per
dwelling unit
1 per Dwelling Unit(2)
Hotel/Lodge 0.5 units per Key 0.7 units per Key
0.7 units per Key(2)
All Other Uses (civic,
cultural, public uses,
essential public facilities,
child care centers, etc.)
Established by
Special Review
according to the
review criteria of
Section 26.515.080.
N/A
Established by Special Review
according to the review criteria of
Section 26.515.080.
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D. Parking Requirement when Fractional Requirement Computed. When any calculation of
Parking Requirements results in a fractional unit, that fractional unit may be paid through a cash-in-
lieu payment, or satisfied through one whole additional on-site parking or mobility commitment
credit.
26.515.050. Meeting Parking Requirements.
Parking Requirements shall be satisfied through the following provisions, or a combination thereof:
1. Cash-in-lieu. Cash-in-lieu payments may be made to satisfy Parking Requirements as
outlined by zone district in Table 26.515-2, and according to Section 26.515.090.
2. On-Site Parking. May be provided on-site in applicable zone districts, with Reserved and
Accessory spaces not to exceed the Parking Maximums outlined below in Table 26.515-1.
Shared parking may be counted provided that a Shared Parking Agreement and a shared-
parking analysis, as approved by the Community Development Director, is executed.
3. Off-Site Parking. Off-site parking may be counted toward the requirement, provided that a
Shared Parking Agreement and a shared-parking analysis, as approved by the Community
Development Director, is executed.
4. Mobility Commitments. Mobility Commitments, as defined in Section 26.515.010.B, may
be provided, as follows:
a. Where projects are TIA exempt, pre-approved alternative mobility measures may be
provided to satisfy Parking Units as outlined by zone district in Table 26.515-2.
b. Where projects are TIA subject, pre-approved alternative mobility measures generated
over minimum requirements may be provided to satisfy Parking Units as outlined by
zone district in Table 26.515-2.
The extent to which a project may satisfy its Parking Requirements with Mobility Commitments, On-
Site Parking provision, and Cash-in-Lieu will vary by location, according to Table 26.515-2 below.
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Table 26.515-2 - Parking Requirements by Zone District
Location
Options for Meeting Parking Requirements
Additional TIA
Credits
(Projects Subject
to TIA)
Mobility
Commitments
(Projects Exempt
from TIA)
On-Site Parking
Provision
Cash-In-Lieu of
Parking Fee Payment
Commercial Core (CC) and
Commercial-1 (C-1) zones
Up to 2 Additional
TIA Credits
Up to 2 Mobility
Commitments
* Up to 20% of the
Requirement. Up to
100% of the
requirement if
subgrade.
Up to 100% of the
Requirement
Remaining Commercial and
Lodging Zones
1 Additional TIA
Credit (equal to 1
Parking Unit)
1 Mobility
Commitment
(equal to 1 Parking
Unit)
At least 60% and up
to 100% of the
Requirement
Up to 40% of the
Requirement
Remaining Infill Area
1 Additional TIA
Credit (equal to 1
Parking Unit)
1 Mobility
Commitment
(equal to 1 Parking
Unit)
Up to 100% of the
Requirement
Up to 100% of the
Requirement
All other Areas
1 Additional TIA
Credit (equal to 1
Parking Unit)
1 Mobility
Commitment
(equal to 1 Parking
Unit)
At least 60% and up
to 100% of the
Requirement
Up to 40% of the
Requirement
Parking Requirements are subject to the following standards based upon the character of the
development:
1. If the Parking Requirement is subject to establishment by adoption of a Planned
Development final development plan, review is subject to Chapter 26.445, Planned
Development.
2. If the Parking Requirement is established through a special review, the standards and
procedures of Section 26.515.080, Special Review Standards apply.
3. If the Parking Requirement is met via cash-in-lieu, the standards and procedures set
forth at Section 26.515.090, Cash-in-Lieu of Parking apply.
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4. For properties listed on the Aspen Inventory of Historic Landmark Sites and
Structures, a waiver of the Parking Requirement may be approved, pursuant to
Chapter 26.430, Special Review, and according to the review criteria set forth below.
5. For lodging projects with flexible unit configurations, also known as “lock-off units,”
each separate “key,” or rentable division, shall constitute a unit for the purposes of this
section.
6. The Parking Requirement for projects with multiple, distinct land uses (residential,
commercial, lodging, or other) may be lowered, if the applicant submits a shared-
parking analysis, approved by the Community Development Director, which results in
a peak-parking-demand measure that is less than the Parking Requirement established
by Table 26.515-1. The application for a shared parking analysis shall be reviewed by
The Transportation, Parking, Engineering, and Community Development Departments
and approved by the Planning and Zoning Commission as a Special Review (Section
26.430).
*7. Off-street parking provision on a parcel that abuts an Aspen Pedestrian Mall may only
be provided in an on-site, subgrade parking structure. Alternatively, parcels abutting
an Aspen Pedestrian Mall may provide all Parking Requirements through the payment
of Cash-in-Lieu (Section 26.515.090).
26.515.060. Procedures for Review.
Development and redevelopment applications shall be reviewed pursuant to the following
procedures, as well as standards and the Common Development Review Procedures set forth in
Chapter 26.304.
A. Review Authority. All applications will be reviewed administratively for compliance with
this Chapter and relevant guidelines in conjunction with a project’s land use application, unless
otherwise specified. In all circumstances, the final land use review body shall approve the TIA, after
considering a recommendation from the Engineering, Transportation, and Community Development
Departments.
B. Review Process. For all development, expansions of existing development, and
redevelopment, Mobility Plan review is completed in conjunction with relevant land use reviews.
Pursuant to Section, 26.304.020 of this title, Pre-application Conference, applicants are encouraged,
although not required, to meet with a member of the Community Development Department to clarify
requirements of this Section and to determine applicability.
For development only subject to administrative-level land use reviews, or development meeting a
threshold established in the TIA Guidelines but not subject to a land use review, the City Engineering
and Transportation Departments may, on behalf of the City of Aspen, determine that the project
meets or exceeds the requirements set forth in this Chapter and the Transportation Impact Analysis
Guidelines.
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When development meets an established threshold, but does not require a land use review, review for
compliance with this Chapter and the Guidelines shall be completed as part of the building permit
application.
In all circumstances, the final land use review body shall approve the TIA, after considering a
recommendation from the Engineering and Transportation Departments.
C. Review Criteria. All development and redevelopment projects are required to submit a
Mobility Plan, which shall include and describe a project’s mitigations for TIA and Parking
Requirements. The Engineering, Transportation, and Community Development Department staff
shall determine whether the project conforms to this Chapter requirements using the following
standards:
1. Project TIA and the resulting mitigation program meets requirements for exempt, minor, or major project categories as outlined in the TIA Guidelines.
2. Project provides full mitigation for the Parking Requirements pursuant to Section 26.515.050.
3. If existing development is expanded, additional Parking Requirements shall be provided for that increment of the expansion.
4. If existing development is redeveloped, on-site parking deficits may not be maintained unless all parking, or at least 20 spaces are provided as Public Parking.
Projects failing to meet the requirements of this section may apply for a variation to the Planning and Zoning Commission through the Special Review process (Section 26.430 and Section 26.515.080).
26.515.070. Off-Street Parking Requirements.
A. Applicability. Where off-street parking spaces are provided as part of a Mobility Plan, the
regulations in Sections 26.515.070.(B – I) apply.
B. General. Each off-street parking space shall consist of an open area measuring eight and one
half (8½) feet wide by eighteen (18) feet long and seven (7) feet high with a maximum longitudinal
slope of twelve percent (12%) and a maximum cross slope of five percent (5%). 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, Special review and the standards set forth at
Section 26.515.040, Special review standards, below. Off-street parking must be paved with all-
weather surfacing or be covered with gravel. For residential development, a grass ring or grass-
paver-type surface may be used. All parking shall be maintained in a usable condition at all times.
All development or redevelopment must be in conformance with, or bring existing parking into
conformance with, Engineering Design Standards, including but not limited to the access
requirements outlined in Chapter 4 Transportation Design.
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C. Use of off-street parking. Parking spaces shall be used for the parking of vehicles and shall
not be used for non-auto related uses such as storage units or trash containers. 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.
D. Location of off-street parking. Off-street parking shall be located on the same parcel as the
principal use or an adjacent parcel under the same ownership as the lot occupied by the principal use.
For all uses, parking shall be accessed from an alley or secondary road, where one exists unless
otherwise established according to this Chapter.
E. Detached and duplex residential dwelling parking. Off-street parking provided for
detached residential dwellings and duplex dwellings is not required to have unobstructed access to a
street or alley, but shall not block access of emergency apparatus to the property or to structures
located on the property. This allows for "stacking" of vehicles where a vehicle is parked directly
behind another.
F. State Highway 82 off-street parking. All parking required for uses fronting State Highway
82 shall, if an alley exists, be accessed from the alley and shall not enter from or exit onto State
Highway 82.
G. Surface parking. Surface parking is prohibited or requires conditional use review as a
principal use of a lot or parcel in some Zone Districts (See Chapter 26-710). Where surface parking
is permitted and eight (8) or more spaces are provided, the parking area shall include one (1) tree with
a planter area of twenty (20) square feet for each four (4) parking spaces. Planter areas may be
combined, but shall be proximate to the parking spaces. The Planning and Zoning Commission may
waive or modify this requirement on a per case basis. Parking within structures is exempt from this
landscaping provision.
H. Restrictions on drainage, grading and traffic impact. Off-street parking spaces shall be
graded to ensure drainage does not create any flooding or water quality impacts and shall be provided
with entrances and exits so as to minimize traffic congestion and traffic hazards.
I. 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 nor interfere with driver vision. All outdoor lighting shall comply with the outdoor
lighting regulations, Section 26.575.150.
26.515.080. Special Review Standards.
Whenever the transportation, mobility, and parking impacts of a proposed development are subject to
special review, an application shall be processed as a special review in accordance with the common
development review procedures set forth in Chapter 26.304 and be evaluated according to the
following standards. Review is by the Planning and Zoning Commission.
If the project requires review by the Historic Preservation Commission and the Community
Development Director has authorized consolidation pursuant to Subsection 26.304.060.B, the
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Historic Preservation Commission shall approve, approve with conditions or disapprove the special
review application.
A special review for establishing, varying or waiving transportation, mobility, or off-street parking
requirements may be approved, approved with conditions or denied based on its conformance with all
of the following criteria:
1. The transportation, mobility, and off-street 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, any shared parking opportunities, expected
schedule of parking demands, the projected impacts on the on-street parking of the
neighborhood, the proximity to mass transit routes and the downtown area and any special
services, such as vans, provided for residents, guests and employees.
2. An on-site mitigation solution meeting the requirements and guidelines is practically difficult
or results in an undesirable development scenario.
3. Existing or planned on-site or off-site facilities adequately serve the needs of the
development, including the availability of street parking.
A. Commercial Parking Facilities. Special Review is required for a commercial parking
facility. A special review to permit a commercial parking facility may be approved, approved with
conditions or denied based on conformance with its adherence to Commercial Design Standards and
the policy goal of provision of publicly-accessible parking in areas with high public parking demand
(in order to reduce vehicle congestion and emissions due to vehicles circling for parking) is not offset
by the proposed commercial parking facility’s potential adverse impacts of the City’s multi-modal
transportation system.
26.515.090. Cash-in-lieu Requirements.
A. General. The City conducted a parking facility analysis in the fall of 2016 and determined
the costs associated with developing new parking facilities to serve the demands of development.
While not all potential facilities represented the same potential expenditure, facilities considered
likely to be developed by the City required an expected thirty-eight thousand dollars ($38,000) per
space to develop in 2016 dollars.
B. Cash-in-lieu. Mobility improvements serving commercial and mixed-use development are a
public amenity and serves the mobility needs of the general population. As such, the mobility needs
of the general population can be improved through various means other than the provision of on-site
parking spaces, including cash-in-lieu. A cash-in-lieu payment, for those types of development
authorized to provide parking via cash-in-lieu, may be accepted by the Community Development
Director to satisfy the Parking Requirement, as described in Section 26.515.040, above.
1. 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 shall be collected by the Community Development
Director and transferred to the Finance Director for deposit in a separate interest bearing
account.
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Part 500 – Parking
Page 13
2. Use of funds. Monies in the account shall be used solely for the construction of a public
parking facility, transportation and mobility improvements, including vehicles or station
improvements, transportation demand management facilities or programs, shared automobiles
or programs and similar transportation or mobility-related facilities or programs as determined
appropriate by the City.
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 time period shall
be extended 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 by the City.
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 revoked or cancelled, prior to construction, may be refunded if a petition
for refund is submitted to the Finance Director within three (3) months of the date of the
revocation or 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 that the
development shall not commence without full compliance with this Chapter and by a copy of
the dated receipt issued for payment of the fee.
4. Periodic review of rate. In order to ensure that the payment-in-lieu rate is fair and represents
current cost levels, it shall be reviewed every two years. Any necessary amendments to this
Section shall be initiated pursuant to Section 26.310.020, Procedure for amendment.
26.515.100. Amendments. Amendments to an approved Mobility and Parking Requirement
review by the Community Development Director in coordination with the Engineering and
Transportation Departments as needed.
A. Amendments to Trip Reduction Measures. Off-site MMLOS infrastructure measures that
have been implemented may not be amended at any time. Off-site MMLOS infrastructure measures
that have not been implemented, and any on-site TDM and MMLOS measures, may be amended as
outlined below. Changes shall be reviewed by the Engineering, Transportation, and Community
Development Departments to ensure the proposed change is appropriate given the site’s context.
1. Insubstantial Amendment. Any amendment to TDM or MMLOS measures resulting in the
same or more number of trips mitigated as the original approval may be approved
administratively by the Community Development Department, after considering a
recommendation from the Engineering and Transportation Departments. A land use
application is required, pursuant to Chapter 26.304, Common Development Review
Procedures. The applicant shall demonstrate how the new measure(s) is appropriate given
current site conditions.
2. Substantial Amendment. Any amendment to TDM or MMLOS measures that reduces the
number of trips mitigated shall be reviewed by City Council, after considering a
recommendation from the Community Development, Engineering, and Transportation
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Part 500 – Parking
Page 14
Departments. A land use application is required, pursuant to Chapter 26.304, Common
Development Review Procedures, and the review shall be conducted in a duly noticed public
hearing, pursuant to Section 26.304.060(E), Public Notice. City Council shall find the
following standards are met:
a) The proposed change responds to changed site conditions or circumstances, including but
not limited to changes to land uses, site topography, or site plan.
b) The proposed changes will not adversely impact the immediate vicinity.
c) The proposed change meets the original intent of the approved measures.
d) The proposed changes have been approved by the Community Development Director.
26.515.110 Appeals. An applicant may challenge a determination made by the City in their
enforcement of the requirements of this Chapter by filing with the Community Development Director
a written notice of appeal as provided in Section 26.316.030, Appeals procedures, with a full
statement of the grounds for appeal. Appeals shall be reviewed by City Council, pursuant to Chapter
26.316, Appeals.
(Ord. No. 17-2005, §1; Ord. No. 32, 2016, §1; Ord. No. 23, 2017, §23)
City of Aspen Land Use Code
Part 500 – ADU/Carriage Houses
Page 1
26.520
ACCESSORY DWELLING UNITS AND CARRIAGE HOUSES
Sections:
26.520.010 Purpose
26.520.020 General
26.520.030 Authority
26.520.040 Applicability
26.520.050 Design standards
26.520.060 Calculations and measurements
26.520.070 Deed restrictions and enforcement
26.520.080 Procedure
26.520.090 Amendment of an ADU or carriage house development order
26.520.010 Purpose
The purpose of the accessory dwelling unit (ADU) and carriage house program is to promote the
long-standing community goal of socially, economically and environmentally responsible
development patterns which balance Aspen the resort and Aspen the community. Aspen values
balanced neighborhoods and a sense of commonality between local working residents and part-time
residents. ADUs and carriage houses represent viable housing opportunities for working residents
and allow employees to live within the fabric of the community without their housing being easily
identifiable as “employee housing.”
ADUs and carriage houses support local Aspen businesses by providing an employee base within the
City and providing a critical mass of local residents important to preserving Aspen's character.
ADUs and carriage houses allow second homeowners the opportunity to hire an on-site caretaker to
maintain their property in their absence. Increased employee housing opportunities in close
proximity to employment and recreation centers is also an environmentally preferred land use pattern,
which reduces automobile reliance.
Detached ADUs and carriage houses emulate a historic development pattern and maximize the
privacy and livability of both the ADU or carriage houses and the primary unit. Detached ADUs and
carriage houses are more likely to be occupied by a local working resident, furthering a community
goal of housing the workforce.
Aspen desires occupied ADUs and carriage houses; therefore, detached ADUs and carriage houses
which are deed restricted as "for sale" units, according to the Aspen/Pitkin County Housing
Authority Guidelines, as amended, and sold according to the procedures established in the guidelines,
provide for certain floor area and affordable housing credit incentives.
(Ord. No. 53-2003, §2; Ord. No. 35-2015, §1)
26.520.020 General
Accessory dwelling units and carriage houses are separate dwelling units incidental and subordinate
in size and character to the primary residence, located on the same parcel, and which may be rented
or sold to a local working resident as defined by the Aspen/Pitkin County Housing Authority and as
limited by this Chapter. A primary residence may have no more than one (1) ADU or carriage house.
An ADU or carriage house may not be accessory to another ADU or carriage house. A detached
City of Aspen Land Use Code
Part 500 – ADU/Carriage Houses
Page 2
ADU or carriage house may only be conveyed separate from the primary residence as a "for sale"
affordable housing unit to a qualified purchaser pursuant to the Aspen/Pitkin County Housing
Authority Guidelines, as amended. ADUs and carriage houses shall not be considered units of
density with regard to zoning requirements. ADUs and carriage houses shall not be used to satisfy
employee housing requirements of the Growth Management Quota System (GMQS), except that a
detached ADU or carriage house which is deed restricted and conveyed separate from the primary
residence as a "for sale" affordable housing unit to a qualified purchaser pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended, shall qualify for issuance of a Certificate of
Affordable Housing Credit, pursuant to Chapter 26.540. All ADUs and carriage houses shall be
developed in conformance with this Chapter.
(Ord. No. 53-2003, §2; Ord. No. 12, 2007, §31; Ord. No. 35-2015, §1)
26.520.030 Authority
The Community Development Director, in accordance with the procedures, standards and limitations
of this Chapter and the Common development review procedures, Chapter 26.304, shall approve,
approve with conditions, or disapprove a land use application for an accessory dwelling unit or
carriage house.
An appeal of the Community Development Director's determination shall be considered by the
Planning and Zoning Commission and approved, approved with conditions or disapproved, pursuant
to Subsection 26.520.080.D, Special Review.
A land use application requesting a variation of the ADU or carriage house design standards shall be
approved, approved with conditions or disapproved by the Planning and Zoning Commission,
pursuant to Subsection 26.520.080.D, Special Review.
If the land use application requesting a variation of the ADU or carriage house design standards is
part of a consolidated application process, authorized by the Community Development Director,
requiring consideration by the Historic Preservation Commission, the Historic Preservation
Commission shall approve, approve with conditions or disapprove the variation, pursuant to
Subsection 26.520.080.D, Special Review.
(Ord No. 53-2003, § 2; Ord. No. 35-2015, §1)
26.520.040 Applicability
This Chapter applies to all properties located in Zone Districts permitting an accessory dwelling unit
or carriage house as specified in Chapter 26.710, Zone Districts, and to all accessory dwelling units
approved prior to the adoption of Ordinance No. 46, Series of 2001.
(Ord. No. 35-2015, §1)
26.520.050 Design standards
All ADUs and carriage houses shall conform to the following design standards unless otherwise
approved, pursuant to Subsection 26.520.080.D, Special Review:
1. An ADU must contain between three hundred (300) and eight hundred (800) net livable
square feet, ten percent (10%) of which must be a closet or storage area. A carriage house
City of Aspen Land Use Code
Part 500 – ADU/Carriage Houses
Page 3
must contain between eight hundred (800) and one thousand two hundred (1,200) net livable
square feet, ten percent (10%) of which must be closet or storage area.
2. An ADU or carriage house must be able to function as a separate dwelling unit. This includes
the following:
a. An ADU or carriage house must be separately accessible from the exterior. An interior
entrance to the primary residence may be approved, pursuant to Special Review;
b. An ADU or carriage house must have separately accessible utility systems, controls and
disconnect panels. This does not preclude shared services;
c. An ADU or carriage house shall contain a full-size kitchen containing at a minimum:
i. Minimum 30-inch wide oven, 4-burner stovetop.
ii. A sink, dishwasher, and a minimum 20 cubic foot refrigerator with freezer.
iii. Minimum 24 square feet of counter space and a minimum of 15 cubic feet of cabinet
space.
iv. Kitchens may not be located in a closet.
d. An ADU or carriage house shall contain a ¾ or larger bathroom containing, at a
minimum, a sink, a toilet and a shower.
e. An ADU or carriage house shall contain washer/dryer hookups, with a dryer vent rough-
in, to accommodate minimum 27-inch wide washer/dryer units.
3. One (1) parking space for the ADU or carriage house shall be provided on-site and shall
remain available for the benefit of the ADU or carriage house resident. The parking space
shall not be located in tandem, or “stacked,” with a space for the primary residence.
4. The finished floor level of fifty percent (50%) or more of the unit’s net livable area is at or
above natural or finished grade, whichever is higher.
5. The ADU or carriage house shall be detached from the primary residence. An ADU or
carriage house located above a detached garage or storage area or connected to the primary
residence by an exterior breezeway or trellis shall still qualify as detached. No interior
connections to the primary residence, or portions thereof, shall qualify the ADU or carriage
house as detached.
6. An ADU or carriage house shall be located within the dimensional requirements of the Zone
District in which the property is located.
7. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU or
carriage house. If the entrance is accessed via stairs, sufficient means of preventing snow and
ice from accumulating on the stairs shall be provided.
8. ADUs and carriage houses shall be developed in accordance with the requirements of this
Title which apply to residential development in general. These include, but are not limited to,
building code requirements related to adequate natural light, ventilation, fire egress, fire
suppression and sound attenuation between living units. This standard may not be varied.
City of Aspen Land Use Code
Part 500 – ADU/Carriage Houses
Page 4
9. All ADUs and carriage houses shall be registered with the Housing Authority and the
property shall be deed restricted in accordance with Section 26.520.070, Deed restrictions and
enforcement. This standard may not be varied.
(Ord. 53-2003, § 2; Ord. No. 35-2015, §1)
26.520.060 Calculations and measurements
A. Floor area. ADUs and carriage houses are attributed to the maximum allowable floor area for the
given property on which they are developed, pursuant to Section 26.575.020, Calculations and
Measurements.
B. Net livable square footage. ADUs and carriage houses must contain certain net livable floor area,
unless varied through Special Review. The calculation of net livable area differs slightly from the
calculation of floor area inasmuch as it measures the interior dimensions of the unit. Please refer to
Section 26.575.020 – Calculations and Measurements.
(Ord. No. 53-2003, § 2; Ord. No. 35-2015, §1)
26.520.070 Deed restrictions and enforcement
A. Deed restrictions. At a minimum, all properties containing an ADU or a carriage house shall be
deed restricted in the following manner:
• The ADU or carriage house shall be registered with the Aspen/Pitkin County Housing
Authority.
• Any occupant of an ADU or carriage house shall be qualified as a local working resident
according to the current Aspen/Pitkin County Housing Authority Guidelines, as amended.
• The ADU or carriage house shall be restricted to lease periods of no less then six (6) months
in duration or as otherwise required by the current Aspen/Pitkin County Housing Authority
Guidelines. Leases must be recorded with the Housing Authority.
A detached and permanently affordable Accessory Dwelling Unit or Carriage House qualifying a
property for a floor area exemption, pursuant to Section 26.575.020 – Calculations and
Measurements, shall be deed restricted as a "for sale" affordable housing unit and conveyed to a
qualified purchaser, according to the Aspen/Pitkin County Housing Authority Guidelines, as
amended and according to the following sales price limitations:
• Accessory dwelling units from 300 to 500 net livable square feet – Category 3 or lower.
• Accessory dwelling units from 501 to 800 net livable square feet – Category 4 or lower.
• Carriage houses from 800 to 1,000 net livable square feet – Category 5 or lower.
• Carriage houses from 1,001 to 1,200 net livable square feet – Category 6 or lower.
Category sales prices shall be those specified in the Aspen/Pitkin County Housing Authority
Guidelines, as amended. The initial developer may select the first qualified purchaser of the unit.
Subsequent conveyances shall be according to the lottery sales procedures specified in the
Aspen/Pitkin County Housing Authority Guidelines, as amended.
City of Aspen Land Use Code
Part 500 – ADU/Carriage Houses
Page 5
A detached and permanently affordable Accessory Dwelling Unit or Carriage House deed restricted
as a “for-sale” affordable housing unit, as described above, and which is not required for mitigation
purposes, shall be eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter
26.540.
Accessory dwelling units deed restricted to mandatory occupancy in exchange for a floor area bonus,
prior to the adoption of Ordinance No. 46, Series of 2001, shall be continuously occupied by a local
working resident, as defined by the Aspen/Pitkin County Housing Authority, for lease periods of six
(6) months or greater, unless the owner is granted approval to remove that restriction pursuant to
Subsection 26.520.090.B, Removal of Mandatory Occupancy Deed Restriction.
The Aspen/Pitkin County Housing Authority shall provide a standard form for recording accessory
dwelling unit or carriage house deed restrictions. The deed restriction shall be recorded with the
County Clerk and Recorder prior to a Certificate of Occupancy being issued. The reception number
associated with the recordation shall be noted in the building permit file.
B. Enforcement. The Aspen/Pitkin County Housing Authority or its designee, shall enforce the
recorded deed restriction between the property owner and Aspen/Pitkin County Housing Authority.
(Ord. No. 53-2003, § 2; Ord. No. 35-2015, §1)
26.520.080 Procedure
A. General. Pursuant to Section 26.304.020, Pre-Application Conference, applicants are
encouraged to meet with a City Planner of the Community Development Department to clarify the
requirements of the ADU and carriage house program.
A development application for an ADU or carriage house shall include the requisite information and
materials, pursuant to Section 26.304.030, Application and fees. In addition, the application shall
include scaled floor plans and elevations for the proposed ADU or carriage house. The application
shall be submitted to the Community Development Department.
Any bandit dwelling unit (a.k.a. pirate unit) which can be demonstrated to have been in existence on
or prior to the adoption of Ordinance No. 44, Series of 1999, and which complies with the
requirements of this Chapter may be legalized as an accessory dwelling unit, if it meets the health and
safety requirements of applicable building codes, as determined by the Chief Building Official. No
retroactive penalties or assessments shall be levied against any pirate or unit upon legalization.
After a development order has been issued for an ADU or carriage house, a building permit
application may be submitted in conformance with Section 26.304.075, Building permit.
B. Administrative review. In order to obtain a development order for an ADU or carriage house,
the Community Development Director shall find the ADU or carriage house in conformance with the
criteria for administrative approval. If an application is found to be inconsistent with these criteria, in
whole or in part, the applicant may either amend the application or apply for a Special Review to vary
the design standards pursuant to Subsection D, below.
An application for an ADU or carriage house may be approved, approved with conditions or denied
by the Community Development Director based on the following criteria:
City of Aspen Land Use Code
Part 500 – ADU/Carriage Houses
Page 6
1. The proposed ADU or carriage house meets the requirements of Section 26.520.050, Design
standards.
2. The applicable deed restriction for the ADU or carriage house has been accepted by the
Aspen/Pitkin County Housing Authority, and the deed restriction is to be recorded prior to
issuance of a Certificate of Occupancy for the ADU or carriage house.
C. Appeal of Director's determination. An applicant aggrieved by a decision made by the
Community Development Director regarding this Chapter may appeal the decision to the
Administrative Hearing Officer, pursuant to Chapter 26.316.
D. Special Review. An application requesting a variation of the ADU and carriage house design
standards shall be processed as a Special Review in accordance with the common development
review procedures set forth in Chapter 26.304. The Special Review shall be considered at a public
hearing for which notice has been posted, mailed, and published pursuant to Section 26.304.060.E.3.
Review is by the Planning and Zoning Commission. If the property is an historic landmark, on the
Inventory of Historic Sites and Structures or within a Historic Overlay District, the Historic
Preservation Commission shall consider the Special Review.
A Special Review for an ADU or Carriage House may be approved, approved with conditions or
denied based on conformance with the following criteria:
1. The proposed ADU or carriage house is designed in a manner which promotes the purpose of
the ADU and carriage house program, promotes the purpose of the Zone District in which it is
proposed and promotes the unit's general livability.
2. The proposed ADU or carriage house is designed to be compatible with and subordinate in
character to, the primary residence considering all dimensions, site configuration,
landscaping, privacy and historical significance of the property.
E. Inspection and acceptance. Prior to issuance of a certificate of occupancy for an ADU or
carriage house, the Aspen/Pitkin County Housing Authority or the Chief Building Official, shall
inspect the ADU or carriage house for compliance with the design standards. Any unapproved
variations from these standards shall be remedied or approved pursuant to this Chapter prior to
issuance of a certificate of occupancy or certificate of compliance.
(Ord. 53-2003, § 2; Ord. No. 35-2015, §1)
26.520.090 Amendment of an ADU or Carriage House Development Order
A. Insubstantial amendment. An insubstantial amendment to an approved development order for
an accessory dwelling unit or carriage house may be authorized by the Community Development
Director if:
1. The change is in conformance with the design standards, Section 26.520.050, or does not
exceed approved variations to the design standards; and
2. The change does not alter the deed restriction for the ADU or carriage house or the alteration
to the deed restriction has been approved by the Aspen/Pitkin County Housing Authority.
City of Aspen Land Use Code
Part 500 – ADU/Carriage Houses
Page 7
B. Removal of Mandatory Occupancy Deed Restriction. An amendment application that proposes
to remove a mandatory occupancy ADU deed restriction placed on the property prior to adoption of
Ordinance No. 46, Series of 2001, may be approved by the Community Development Director if all
of the following criteria are met:
1. The mandatory occupancy deed restriction on the ADU is replaced with the minimum ADU
deed restriction allowing voluntary occupancy; and
2. The applicant shall either:
a) Develop a deed restricted affordable housing unit on a site that is not otherwise required to
contain such a unit or convert an existing free-market unit to affordable housing status.
The replacement affordable housing unit shall be within the Aspen infill area, shall be a
one-bedroom or larger sized unit, shall be accepted by the Aspen/Pitkin County Housing
Authority (which may require certain improvements), shall be deed restricted as a
Category 2, or lower, for-sale unit according to the Aspen/Pitkin County Housing
Guidelines, as amended, and shall be transferred to a qualified purchaser through the
Aspen/Pitkin County Housing Authority sales process; or,
b) Extinguish a Certificate of Affordable Housing Credit, pursuant to Chapter 26.540, for 1.5
full-time equivalents (FTEs). The Certificate shall be Category 2 or lower.
3. The property granted the bonus floor area shall be considered to contain a legally created
nonconforming structure and subject to the provisions of Chapter 26.312 – Nonconformities.
C. Removing an ADU/Carriage House. An amendment application that proposes to physically
remove an ADU or Carriage House from a property and vacate the deed restriction may be approved
by the Community Development Director if all of the following criteria are met. To remove or
decommission a Mandatory Occupancy ADU, the requirements of 26.520.090.B must first be met
prior to complying with this subsection.
For an ADU or Carriage House developed prior to the adoption of Ordinance No. 35 Series 2015:
1. The applicant shall provide affordable housing mitigation for .38 full-time equivalents
(FTEs). Mitigation shall be provided at a Category 2 rate prior to issuance of any permit
required to accomplish the decommissioning or removal of the unit. This may be provided
through extinguishment of a Certificate of Affordable Housing Credit (See Chapter 26.540 –
Certificates of Affordable Housing Credit) or by providing a fee-in-lieu payment according to
the rates specified in the current Aspen/Piktin County Housing Authority Guidelines, as
amended from time to time. (Commentary – The .38 figure reflects a typical ADU being a
studio or one-bedroom unit housing 1.5 FTEs with an approximate 25% occupancy. 1.5 x .25
= .375, rounded to .38.)
2. The physical changes necessary to remove the ADU/Carriage House have been accomplished
and issued a final inspection by the Chief Building Official. (Building permits are required.)
Once this has been accomplished, a release of deed restriction, acceptable to the City
Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder.
For an ADU or Carriage House developed after the adoption of Ordinance No. 35, Series 2015 or for
an ADU or Carriage House developed prior to this date which the applicant can demonstrate was not
City of Aspen Land Use Code
Part 500 – ADU/Carriage Houses
Page 8
developed for affordable housing mitigation purposes or to meet the requirements of a Development
Order. (In other words, the unit must have been a “voluntary” unit). Removing a voluntary unit may
be approved by the Community Development Director if all of the following criteria are met.
1. The physical changes necessary to remove or decommission the ADU/Carriage House have
been accomplished and issued a final inspection by the Chief Building Official. (Building
permits are required.) Once this has been accomplished, a release of deed restriction,
acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and
Recorder. Removal or decommissioning of a voluntary unit shall not require additional
affordable housing mitigation.
D. Other amendments. All other amendments to an approved development order for an accessory
dwelling unit or carriage house shall be reviewed pursuant to the terms and procedures of this
Chapter.
(Ord. No. 44-1999, §1; Ord. No. 46-2001, §1 (part); Ord. No. 47-2001, §2; Ord. No. 1-2002, §15;
Ord. No. 27-2002, §22; Ord. No. 53, 2003, §2; Ord. No. 12-2006, §18; Ord. No. 35-2015, §1)
City of Aspen Land Use Code
Part 500 – Reserved
Page 1
Chapter 26.530
Reserved*
*Editor's note: Ordinance No. 14-2007 §1 replaced former Chapter 26.530, which pertained to the
resident multi-family replacement program and enacted amendments to Chapter 26.470. Former
Chapter 26.530 was derived from Ordinance No. 40-2002 §2 as amended by Ordinance No. 51-2003
§1. Refer to Section 26.470.070.5, Demolition or Redevelopment of Multi-Family Housing.Chapter
26.535
City of Aspen Land Use Code
Part 500 – TDR
Page 1
Chapter 26.535
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
Sections:
26.535.010 Purpose
26.535.020 Terminology
26.535.030 Applicability and prohibitions
26.535.040 Authority
26.535.050 Procedure for establishing an historic transferable development right certificate
26.535.060 Procedure for extinguishing an historic transferable development right certificate
26.535.070 Review criteria for establishment of an historic transferable development right
26.535.080 Review criteria for extinguishment of an historic transferable development right
26.535.090 Application materials
26.535.100 Appeals
26.535.010 Purpose
The purpose of this Chapter is to encourage the preservation of historic landmarks, those properties
listed on the Aspen Inventory of Historic Landmark Sites and Structures and those properties
identified on the AspenModern Map, within the City by permitting those property owners to sever
and convey, as a separate development right, undeveloped floor area to be developed on a different
property within the City. The program enables standard market forces and the demand for residential
floor area, to accomplish a community goal of preserving Aspen's heritage as reflected in its built
environment.
(Ord. No. 54-2003, §§4, 5; Ord. No. 16-2008; Ord. No. 28-2010, §3)
26.535.020 Terminology
Establishment of a TDR. The process of creating an historic TDR certificate in exchange for a
property owner lessening the allowable development on an historic property (the sending site)
through a permanent deed restriction.
Extinguishment of a TDR. The process of increasing the allowable development on a property (the
receiver site), as permitted in the Zone District, through the redemption of an historic TDR
certificate.
Historic transferable development right certificate (historic TDR certificate). An irrevocable
assignable property right which allows a certain amount of development, which may be conveyed
separate from the property in which it has historically been associated (the sending site) and which
may be used to increase development rights on another property (the receiver site). TDR certificates
shall require execution by the Mayor, pursuant to a validly adopted ordinance.
Receiver site. A property on which developments rights are increased in exchange for the City
extinguishing an historic TDR certificate held by the developer of the property. Receiver sites are
also referred to as landing sites.
City of Aspen Land Use Code
Part 500 – TDR
Page 2
Sending site. The designated historic landmark property, or property identified on the AspenModern
Map, being preserved by reducing its allowable floor area in exchange for the City establishing and
issuing an historic TDR certificate.
(Ord. 54-2003, §§4, 5; Ord. No. 28-2010, §3)
26.535.030 Applicability and prohibitions
This chapter shall apply to properties eligible for issuance of a Historic TDR Certificate, known as
Sending Sites, and properties eligible for the extinguishment of a Historic TDR Certificate, known as
Receiving Sites. City of Aspen Historic TDR Certificates may only be used within the city limits of
the City of Aspen, as hereinafter indicated, or in unincorporated Pitkin County, if and as may be
permitted by the Pitkin County land Use Code. Pitkin County TDRs are not eligible for
extinguishment within the City of Aspen.
Sending Sites shall include all properties within the City of Aspen designated as a Historic
Landmark, those properties listed on the Aspen Inventory of Historic Landmark Sites and Structures,
and those properties identified on the AspenModern Map, in which the development of a single-
family or duplex home is a permitted use, according to Chapter 26.710, Zone Districts. Properties on
which such development is a conditional use shall not be eligible. Sending Sites may also be
established through adoption of a Final PUD Development Plan, pursuant to Chapter 26.445.
Sending sites shall remain eligible for all benefits, bonuses, etc. allowed properties designated a
Historic Landmark after establishment of transferable development rights, pursuant to Chapter
26.415.
Receiving Sites shall include all properties in the City of Aspen permitted additional development
rights for extinguishment of a Historic TDR is Chapter 26.710, Zone Districts. A property may also
be designated as a Receiving Site through adoption of a Final PUD Development Plan, pursuant to
Chapter 26.445.
The allowable development extinguishment of a Historic TDR Certificate varies depending upon the
zone district of the Receiving Site and the use of the land. Chapter 26.710, Zone Districts, describes
the development allowance for each Historic TDR Certificate extinguished.
A Historic TDR Certificate may be sold, assigned, transferred, or conveyed. Transfer of Title shall
be evidenced by an assignment of ownership on the actual certificate document and by recordation in
the real estate records of the Pitkin County Clerk and Recorder. Upon transfer, the new owner may
request the City re-issue the certificate acknowledging the new owner. Re-issuance shall not require
re-adoption of an ordinance.
The market for Historic TDR Certificates is unrestricted and the City shall not prescribe or guarantee
the monetary value of a Historic TDR Certificate.
The Community Development Director shall establish policies and procedures not inconsistent with
this Chapter for the printing of certificates, their safe-keeping, distribution, recordation, control, and
extinguishments.
(Ord. No. 54-2003, §§ 4, 5; Ord. No. 16-2008; Ord. No. 28-2010, §3)
City of Aspen Land Use Code
Part 500 – TDR
Page 3
26.535.040 Authority
The City Council, in accordance with the procedures, standards and limitations of this Chapter and of
Chapter 26.304, Common development review procedures, shall approve or disapprove, pursuant to
adoption of an ordinance, a land use application for the establishment of historic transferable
development rights. The Mayor, in accordance with the procedures, standards and limitations of this
Chapter and of Section 26.304, Common development review procedures, shall validate and issue
historic TDR certificates, pursuant to a validly adopted ordinance.
The Community Development Director, in accordance with the procedures, standards and limitations
of this Chapter and of Section 26.304, Common development review procedures, shall approve or
disapprove a land use application for the extinguishment of historic transferable development rights.
(Ord. No. 54-2003, §§ 4, 5)
26.535.050 Procedure for establishing a historic transferable development right certificate
The following steps are necessary for the issuance of a City historic transferable development right
certificate:
Preapplication conference. Property owners interested in the City's historic TDR program are
encouraged to meet with a member of the Community Development Department to clarify the
process, benefits and limitations of the program.
Owner confirmation. An application for the issuance of a historic TDR certificate shall only be
accepted by the City upon submission of a notarized affidavit from the sending site property owner
signifying understanding of the following concepts:
A deed restriction will permanently encumber the sending site and restrict that property's
development rights to below that allowed by right by zoning according to the number of historic TDR
certificates established from that sending site.
For each certificate of development right issued by the City for the particular sending site, that
property shall be allowed two hundred and fifty (250) square feet less of floor area, as permitted
according to the property's zoning, as amended.
The sending site property owner shall have no authority over the manner in which the certificate of
development right is used by subsequent owners of the historic TDR certificate.
Application for issuance of historic TDR certificate. An applicant shall supply the necessary
application materials, identified in Section 26.535.090, Application materials, along with applicable
review fees.
City review and approval of application. The Community Development Department shall review
the application according to the review standards identified in Section 26.535.070, Review criteria for
establishment of a historic TDR and shall forward a recommendation to the City Council. The City
Council shall approve or disapprove the establishment of a historic TDR certificate by adoption of an
ordinance, according to the review standards identified in Section 26.535.070, Review criteria for
establishment of a historic TDR. The manner of public notice shall be publication, pursuant to
Paragraph 26.304.060.E.3.a.
City of Aspen Land Use Code
Part 500 – TDR
Page 4
Scheduling of closing date. Upon satisfaction of all relevant requirements, the City and the
applicant shall establish a date on which the respective historic TDR certificates shall be validated
and issued by the City, and a deed restriction on the property shall be accepted by the City and filed
with the County Clerk and Recorder.
Closing. On the mutually agreed upon closing date, the Mayor shall execute and deliver the
applicable number of historic TDR certificates to the property owner, and the property owner shall
execute and deliver a deed restriction lessening the available development right of the sending site
together with the appropriate fee for recording the deed restriction with the County Clerk and
Recorder's Office.
(Ord. 54-2003, §§ 4, 5)
26.535.060 Procedure for extinguishing a historic transferable development right certificate
The following steps are necessary for the extinguishment of a City historic transferable development
right certificate:
Preapplication conference. Property owners interested in the City's historic TDR program are
encouraged to meet with a member of the Community Development Department to clarify the
process, benefits and limitations of the program. Applicants are encouraged to meet with the City
Zoning Officer and review potential development plans to ensure the additional development right
can be properly incorporated on the receiver site.
Associated planning reviews. An applicant must gain all other necessary approvals for the proposed
development, as established by this Title.
Application for building permit. An applicant shall submit the necessary materials for a building
permit, pursuant to Section 26.304.075, Building permit.
Confirmation of historic TDR certificate. The applicant shall submit the requisite historic TDR
certificates, and the City shall confirm its or their, authenticity.
City review of application. The Community Development Department shall review the application
according to the review standards identified in Section 26.535.070, Review standards for
extinguishment of a historic TDR.
Extinguishment of historic TDR certificate. Prior to and as a condition of, issuance of a building
permit for a development on a receiver site requiring the extinguishment of a historic TDR certificate,
the applicant shall assign the requisite historic TDR certificates to the City whereupon the certificates
shall be marked "extinguished." The property shall permanently maintain the additional development
benefit of the extinguished TDR according to the development allowance for a TDR pursuant to
Section 26.710, Zone Districts. The property owner may, at their discretion, record a confirmation
letter from the Community Development Director acknowledging the extinguishment of the TDR(s)
for the receiver site.
(Ord. No. 54-2003, §§ 4, 5)
City of Aspen Land Use Code
Part 500 – TDR
Page 5
26.535.070 Review criteria for establishment of a historic transferable development right
A historic TDR certificate may be established by the Mayor if the City Council, pursuant to adoption
of an ordinance, finds all the following standards met:
A. The sending site is a historic landmark or property identified on the AspenModern Map, on which
the development of a single-family or duplex residence is a permitted use, pursuant to Chapter
26.710, Zone Districts. Properties on which such development is a conditional use shall not be
eligible.
B. It is demonstrated that the sending site has permitted unbuilt development rights, for either a
single-family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of floor
area multiplied by the number of historic TDR certificates requested.
C. It is demonstrated that the establishment of TDR certificates will not create a nonconformity. In
cases where a nonconformity already exists, the action shall not increase the specific nonconformity.
D. The analysis of unbuilt development right shall only include the actual built development, any
approved development order, the allowable development right prescribed by zoning for a single-
family or duplex residence, and shall not include the potential of the sending site to gain floor area
bonuses, exemptions or similar potential development incentives.
E. Any development order to develop floor area, beyond that remaining legally connected to the
property after establishment of TDR Certificates, shall be considered null and void.
F. The proposed deed restriction permanently restricts the maximum development of the property
(the sending site) to an allowable floor area not exceeding the allowance for a single-family or duplex
residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of
historic TDR certificates established.
For properties with multiple or unlimited floor areas for certain types of allowed uses, the maximum
development of the property, independent of the established property use, shall be the floor area of a
single-family or duplex residence (whichever is permitted) minus two hundred fifty (250) square feet
of floor area multiplies by the number of historic TDR certificates established.
The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage
reduction from the allowable floor area for a single-family or duplex residence, as may be amended
from time to time. The sending site shall remain eligible for certain floor area incentives and/or
exemptions as may be authorized by the City Land Use Code, as may be amended from time to time.
The form of the deed restriction shall be acceptable to the City Attorney.
G. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements,
the City shall execute and deliver the applicable number of historic TDR certificates to the sending
site property owner and that property owner shall execute and deliver a deed restriction lessening the
available development right of the subject property together with the appropriate fee for recording the
deed restriction with the County Clerk and Recorder's office.
City of Aspen Land Use Code
Part 500 – TDR
Page 6
H. It shall be the responsibility of the sending site property owner to provide building plans and a
zoning analysis of the sending site to the satisfaction of the Community Development Director.
Certain review fees may be required for the confirmation of built floor area.
I. The sale, assignment, conveyance or other transfer or change in ownership of transferable
development rights certificates shall be recorded in the real estate records of the Pitkin County Clerk
and Recorder and must be reported by the grantor to the City of Aspen Community Development
Department within five (5) days of such transfer. The report of such transfer shall disclose the
certificate number, the grantor, the grantee and the total value of the consideration paid for the
certificate. Failure to timely or accurately report such transfer shall not render the transferable
development right certificate void.
(Ord. 54-2003, §§ 4, 5; Ord. No. 28-2010, §3)
26.535.080 Review criteria for extinguishment of a historic transferable development right
Historic TDR certificates may be extinguished to accommodate additional development if the
Community Development Director finds the following standards have been met:
A. The receiving site is not restricted by a prescribed floor area limitation or the restricting document
permits the extinguishment of historic TDR certificates for additional development rights.
B. The receiving site and is eligible to receive an increase in development rights as specified in
Chapter 26.710, Zoning Districts, according to the Zone District and the land use or as otherwise
specified in a final PUD plan for the property.
C. All other necessary approvals for the proposed development on the receiver site, as established by
this Title, have been obtained.
D. The applicant has submitted the requisite authentic historic TDR certificates for redemption.
E. The applicant has submitted the necessary materials for a building permit on the receiver site,
pursuant to Section 26.304.075, Building permit and the additional development can be
accommodated on the receiver site in conformance with all other relevant requirements.
F. Prior to and as a condition of, issuance of a building permit for a development requiring the
extinguishment of a historic TDR certificates, the applicant shall assign and deliver the authentic
certificates to the City whereupon the certificates shall be marked "extinguished."
G. The Community Development Director shall issue a letter confirming the extinguishment of the
TDR certificates and increasing the available development rights of the receiver site. The applicant
may wish to record this document with the County Clerk and Recorder. The confirmation letter shall
not stipulate an absolute total floor area, but shall stipulate a square footage increase from the
allowable floor area, according to the Zone District and land use of the receiver site at the time of
building permit submission. The receiver site shall remain subject to amendments to the allowable
floor area and eligible for certain floor area incentives and/or exemptions as may be authorized by the
City Land Use Code, as may be amended from time to time. The form of the confirmation letter shall
be acceptable to the City Attorney.
City of Aspen Land Use Code
Part 500 – TDR
Page 7
H. The development allowed on the receiver site by extinguishment of historic TDR certificates shall
be that allowed in Chapter 26.710, Zone Districts, according to the Zone District and the land use or
as otherwise specified in a final PUD plan for the receiver site and shall not permit the creation of a
nonconforming use or structure.
(Ord. No. 54-2003, §§4, 5; Ord. No. 16-2008)
26.535.090 Application materials
A. The contents of a development application to establish an historic TDR certificate shall be as
follows:
1. The general application information required in Common development review procedures,
Chapter 26.304.
2. A notarized affidavit from the sending site property owner signifying acknowledgment of the
following:
a) A deed restriction will permanently encumber the sending site and restrict that property's
development rights to below that allowed by right by zoning according to the number of
historic TDR certificates established from that sending site.
b) For each certificate of development right issued by the City for the particular sending site,
that property shall be allowed two hundred and fifty (250) square feet less of floor area, as
permitted according to the property's zoning, as amended.
c) The sending site property owner shall have no authority over the manner in which the
certificate of development right is used by subsequent owners of the historic TDR
certificate.
3. A site improvement survey of the sending site depicting:
a) Existing natural and man-made site features.
b) All legal easements and restrictions.
4. Dimensioned, scaled drawings of the existing development on the sending site and a floor
area analysis of all structures thereon.
5. A proposed deed restriction for the sending site.
6. Written response to each of the review criteria.
B. The contents of a development application to extinguish an historic TDR certificate shall be as
follows:
1. The necessary application materials for a complete building permit submission, pursuant to
Section 26.304.075, Building permit.
2. Written response to each of the review criteria.
(Ord. No. 54-2003, §§4, 5)
City of Aspen Land Use Code
Part 500 – TDR
Page 8
26.535.100 Appeals
An applicant aggrieved by a determination made by the Community Development Director, pursuant
to this Section, may appeal the decision to the City Council, pursuant to the procedures and standards
of Chapter 26.316, Appeals.
An applicant aggrieved by a determination made by the City Council, pursuant to this Section, may
appeal the decision to a court of competent jurisdiction.
(Ord. No. 54-2003, §5)
City of Aspen Land Use Code
Part 500 – Housing Credits
Page 1
Chapter 26.540
CERTIFICATES OF AFFORDABLE HOUSING CREDIT
Sections:
26.540.010 Purpose
26.540.020 Terminology
26.540.030 Applicability and prohibitions
26.540.040 Authority
26.540.050 Application and fees
26.540.060 Procedures for establishing a credit
26.540.070 Review criteria for establishing an affordable housing credit
26.540.080 Procedures for issuing a certificate of affordable housing credit
26.540.090 Authority of the certificate
26.540.100 Transferability of the certificate
26.540.110 Exchanging category designation of an affordable housing certificate
26.540.120 Extinguishment and re-issuance of a certificate
26.540.130 Amendments
26.540.140 Appeals
26.540.010 Purpose
There are two main purposes of this chapter: to encourage the private sector to develop affordable
housing; and to establish an option for housing mitigation that immediately offsets the impacts of
development. A Certificate of Affordable Housing Credit is issued to the developer of affordable
housing that is not required for mitigation. Another entity can purchase such a Certificate and use it
to satisfy housing mitigation requirements. Establishing this transferable Certificate creates a new
revenue stream that can make the development of affordable housing more economically viable.
Establishing this transferable Certificate also establishes an option for mitigation that reflects built
and occupied affordable housing, thereby offsetting the impacts of development before those impacts
are felt. This Chapter describes the process for establishing, transferring and extinguishing a
Certificate of Affordable Housing Credit.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1; Ord. No. 34-2015, §1)
26.540.020 Terminology
Certificate of Affordable Housing Credit (Credit or Certificate). A transferable document issued
by the City of Aspen acknowledging and documenting the voluntary provision of affordable housing
which is not otherwise required by this Title or by a Development Order issued by the City of Aspen.
The Certificate documents the Category Designations and number of employees housed by the
affordable housing. The Credit is irrevocable and assignable. A Certificate of Affordable Housing
Credit is a bearer instrument.
Establishing a Credit. The process of the City of Aspen acknowledging the voluntary provision of
affordable housing through issuance of a transferable Credit.
Extinguishing a Credit. The process of the City accepting a Credit to satisfy affordable housing
requirements of a development.
City of Aspen Land Use Code
Part 500 – Housing Credits
Page 2
Category Designation. A classification system used to reflect different sales price and rental rate
restrictions of affordable housing as set forth in the Aspen/Pitkin County Housing Authority
Guidelines.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1)
26.540.030 Applicability and prohibitions
This Chapter applies to all Certificates of Affordable Housing Credit. Housing credits may only be
established from affordable housing created on a voluntary basis and designated at any Category with
established cash-in-lieu rates in the Housing Guidelines, including the deed-restriction of unrestricted
units (buy-down units).
City of Aspen Housing Credits may be used within the city limits of the City of Aspen as provided in
this Title, and may be used in other jurisdictions as may be authorized by that jurisdiction. City of
Aspen Housing Credits may only be established from development within the City of Aspen
boundaries.
A Certificate of Affordable Housing Credit may be sold, assigned, transferred, or conveyed. Transfer
shall be evidenced by an assignment of ownership on the actual certificate document. Upon transfer,
the new owner may request the Community Development Director re-issue the Credit Certificate
acknowledging the new owner.
The market for Certificates of Affordable Housing Credit is unrestricted and the City shall not
prescribe or guarantee the monetary value of a Credit.
The Community Development Director shall establish policies and procedures for the printing of
certificates, their safe-keeping, issuance, re-issuance, record-keeping, and extinguishments.
Projects seeking approval to develop affordable housing in exchange for Certificates of Affordable
Housing Credit may be subject to additional reviews pursuant to this Title.
Fractional units are eligible for the establishment of Housing Credits if deed restricted as for-sale or
are subject to an agreement with the City requiring the unit to be permanently deed restricted. For
example, if a development project is required to mitigate 2.4 FTEs and is proposing on-site units that
house 3 FTEs, the additional 0.6 FTEs proposed that are not required for mitigation are eligible for
establishment as a Certificate of Affordable Housing Credit.
Any affordable housing units created for the establishment of Housing Credits, including fractions
thereof, which are part of a mixed-use building shall be deed restrict as for-sale. Units that are part of
a 100% affordable housing project may be for-rent.
This Chapter does not apply to the following:
1. Affordable housing created to address an obligation of a Development Order or which is
otherwise required by this Title to mitigate the impacts of development.
2. Affordable housing units created prior to the adoption of Ordinance No. 6, Series of 2010.
City of Aspen Land Use Code
Part 500 – Housing Credits
Page 3
3. Affordable housing units developed by, or in association with: the City of Aspen, Pitkin
County, the Aspen/Pitkin County Housing Authority, or similar government or non-
governmental organization (NGO) that receives public funds for the purpose of building
affordable housing.
4. Dormitory units.
5. The creation of voluntary affordable housing units deed restricted at a Category which a cash-
in-lieu rate has not been established in the Housing Guidelines.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1; Ord. No. 34-2015, §2)
26.540.040 Authority
The Planning and Zoning Commission, in accordance with the procedures, standards and limitations
of this Chapter and of Chapter 26.304, Common Development Review Procedures, shall approve,
approve with conditions, or deny an application for the establishment of a Certificate of Affordable
Housing Credit.
The Community Development Director, in accordance with the procedures, standards and limitations
of this Chapter and of Section 26.304, Common Development Review Procedures, is authorized to
issue, re-issue, exchange Category designations, and extinguish a Certificate of Affordable Housing
Credit.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1)
26.540.050 Application
All applications shall include the information required under Chapter 26.304, Common Development
Review Procedures. In addition, all applications must also include the following information.
1. The net livable square footage of each unit.
2. If applicable, the conditions under which reductions from net minimum livable square footage
requirements are requested according to Aspen Pitkin County Housing Authority Guidelines.
3. Proposed Category Designation of sale or rental restriction for each unit.
4. Proposed employees housed by the affordable housing units in increments of no less than one-
one-hundredth (.01) according to Section 26.470.100.2 – Employees Housed.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1)
26.540.060 Procedures for establishing an affordable housing credit
A development application to establish a certificate of Affordable Housing Credit shall be reviewed
pursuant to the Common Development Review Procedures set forth at Chapter 26.304, and the
following procedures and standards. The City of Aspen Planning and Zoning Commission shall
review a recommendation from the Community Development Director and shall approve, approve
with conditions, or deny an application to establish Certificates of Affordable Housing Credit. This
requires a one-step process as follows:
City of Aspen Land Use Code
Part 500 – Housing Credits
Page 4
A. Step One – Review before the Planning and Zoning Commission.
1. Purpose: To determine if the application meets the standards for authorizing establishment of
a Certificate of Affordable Housing Credit
2. Process: The Planning and Zoning Commission shall approve, approve with conditions, or
deny the application after considering the recommendation of the Community Development
Director.
3. Standards of review: 26.540.070
4. Form of decision: Planning and Zoning Commission decision shall be by resolution. The
resolution may include a description or diagram of the affordable housing.
5. Notice requirements: The requirements of 26.212.060 shall apply. No public hearing notice is
required.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1)
26.540.070 Review criteria for establishing an affordable housing credit
An Affordable Housing Credit may be established by the Planning and Zoning Commission if all of
the following criteria are met. The proposed units do not need to be constructed prior to this review.
A. The proposed affordable housing unit(s) comply with the review standards of Section
26.470.070.4(a-d).
B. The affordable housing unit(s) are not an obligation of a Development Order and are not
otherwise required by this Title to mitigate the impacts of development.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1)
26.540.080 Procedure for issuing a certificate of affordable housing credit
Once the Planning and Zoning Commission has approved an Affordable Housing Credit through
adoption of a Resolution, and a Certificate of Occupancy has been issued for the affordable housing
unit(s), the Community Development Director shall issue a Certificate of Affordable Housing Credit
in a form prescribed by the Director.
A. The Certificate of Affordable Housing Credit shall include the following information:
1. A number of the Certificate in chronological order of their issuance.
2. Parcel identification number, legal address and the street address of the affordable housing.
3. The Category Designation and number of employees housed by the affordable housing units,
according to Section 26.470.100.2 – Employees Housed, in increments of no less than one-
one-hundredths (.01).
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1; Ord. No. 34-2015, §3)
City of Aspen Land Use Code
Part 500 – Housing Credits
Page 5
26.540.090 Authority of the Certificate
The Certificate may be utilized in whole or in part, including fractions of an FTE no less than .01
FTE, to satisfy affordable housing mitigation requirements in accordance with other applicable
sections of this Title.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1)
26.540.100 Transferability of the certificate
A. A Certificate of Affordable Housing Credit may be sold, assigned, transferred, or conveyed in
whole or in part, in increments no less than one-one-hundredth (.01). Transfer of Title shall be
evidenced by an assignment of ownership on the actual certificate document. Upon transfer, the new
owner may request the City re-issue the Certificate acknowledging the new owner. Re-issuance shall
not require re-review by the Planning and Zoning Commission.
B. The sale, assignment, conveyance or other transfer or change in ownership of a Certificate of
Affordable Housing Credit shall be recorded in the real estate records of the Pitkin County Clerk and
Recorder and must be reported by the grantor to the City of Aspen Community Development
Department within five (5) days of such transfer. The report of such transfer shall disclose the
Certificate number, the grantor, the grantee and the total value of the consideration paid for the
Certificate. Failure to timely or accurately report such transfer shall not render the Credit void.
C. The market for Certificates of Affordable Housing Credit is unrestricted and the City shall not
prescribe or guarantee the monetary value of a Certificate of Affordable Housing Credit.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1)
26.540.110 Converting category designation of an affordable housing certificate
Certificates of Affordable Housing Credit represent a number of employees housed at a specific
Category designation. Projects seeking extinguishment of a Credit to satisfy affordable housing
mitigation standards of this Title may have a different Category Designation requirement than an
existing Certificate represents. This section sets forth a process to convert a Certificate of a certain
Category Designation for a Certificate of a different Category Designation. This process amends the
number of employees housed to create an equivalency. This Section relies on the Affordable
Housing Dedication Fees (aka Fee-in-Lieu) stated in the Aspen Pitkin County Housing Authority
Guidelines, as are amended from time to time.
To convert a Certificate of a certain Category Designation for a Certificate of a different Category
Designation, the following steps are necessary:
Step 1. Multiply the employees housed stated on the existing Certificate by the per employee
Fee-in-Lieu fee for the Category Designation as stated in the APCHA Guidelines.
Step 2. Divide the resulting number from step 1 by the Fee-in-Lieu fee for the Category
Designation of the proposed Certificate.
The resulting number from step 2 shall be the employees housed for the proposed Certificate. The
Community Development Director shall re-issue a Certificate using this number of employees housed
and specifying the proposed Category Designation.
City of Aspen Land Use Code
Part 500 – Housing Credits
Page 6
Example: An owner of a Category 3 Certificate wishes to exchange the Certificate for a Category
2 Certificate. The existing Certificate states 2.25 employees housed.
Step 1. Employees housed multiplied by Category 3 per-FTE Fee-in-Lieu.
2.25 X $217,567 = $489,525.75
Step 2. Number from step 1 divided by Category 2 per-FTE Fee-in-Lieu.
$489,525.75 / $230,583 = 2.12
In this example, the Community Development Director would re-issue a Certificate stating 2.12
employees housed and a Category 2 designation. Please note that the Aspen/Pitkin County
Housing Authority Fee-in-Lieu rates change from time to time. The rates used for this calculation
shall be those in effect upon request for conversion.
The conversion of a Certificate’s Category Designation shall be approved by the Community
Development Director and shall not require additional review by the Planning and Zoning
Commission.
(Ord. No. 32-2012, §1)
26.540.120 Extinguishment and Re-Issuance of a Certificate
F. Unless otherwise stated in a Development Order, extinguishing all or part of a Certificate of
Affordable Housing Credit shall occur prior to issuance of a Building Permit for the development for
which the housing mitigation is required. Extinguishment shall be evidenced by an assignment of
ownership on the actual certificate document to “the City of Aspen for extinguishment.”
B. Certificates of Affordable Housing Credit may be extinguished to satisfy affordable housing
requirements of this Title if the Community Development Director finds the following standards met:
1. All other necessary approvals for the proposed development, as required by this Title, have
been obtained and the applicant has submitted the necessary information, pursuant to Section
26.304.075, Building Permit.
2. The applicant has submitted authentic Certificates of Affordable Housing Credit in the
number and Category Designation required for the development.
3. The Certificate owner has assigned ownership of the Certificates to “the City of Aspen for
extinguishment.”
C. When all of a Certificate is extinguished, the city shall void the Certificate. When part of a
Certificate is extinguished, the city shall issue a Certificate citing the remaining FTEs in increments
of no less than .01 of employees housed.
(Ord. No. 32-2012, §1)
26.540.130 Amendments
Amendments to an affordable housing project that occur during additional review(s) required by this
Title or other amendments which do not change the essential nature of the project may be approved
by the Community Development Director. Revisions to the number or Category Designation of the
City of Aspen Land Use Code
Part 500 – Housing Credits
Page 7
affordable housing units and Credit Certificates to be issued shall be reflected in a revised
development order.
Revisions to the number or Category Designation of the affordable housing units and Credit
Certificates to be issued, proposed after all approvals are granted, shall require re-review pursuant to
the standards and procedures of this Chapter.
(Ord. No. 32-2012, §1)
26.540.140 Appeals
An applicant aggrieved by a determination made by the Community Development Director or
Planning and Zoning Commission, pursuant to this Chapter, may appeal the decision to the City
Council, pursuant to the procedures and standards of Chapter 26.316, Appeals.
(Ord. No. 32-2012, §1)
City of Aspen Land Use Code
Part 500 – Miscellaneous Regulations
Page 1
Chapter 26.575
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Sections:
26.575.010 General
26.575.020 Calculations and measurements
26.575.030 Public amenity
26.575.040 Reserved
26.575.045 Junkyards and service yards
26.575.050 Fence Materials
26.575.060 Driveways
26.575.070 Reserved
26.575.080 Child care center
26.575.090 Home occupations
26.575.100 Landscape maintenance
26.575.110 Building envelopes
26.575.120 Satellite dish antennas
26.575.130 Wireless telecommunication services facilities and equipment
26.575.140 Accessory uses and accessory structures
26.575.150 Outdoor lighting
26.575.160 Dormitory
26.575.170 Fuel storage tanks
26.575.180 Required access
26.575.190 Farmers' market
26.575.200 Group homes
26.575.210 Lodge occupancy auditing
26.575.220 Vacation rentals
26.575.010 General
Regulations specified in other Sections of this Title shall be subject to the following supplemental
regulations.
26.575.020 Calculations and Measurements
A. Purpose. This section sets forth methods for measuring floor area, height, setbacks, and other
dimensional aspects of development and describes certain allowances, requirements and other
prescriptions for a range of structural components, such as porches, balconies, garages, chimneys,
mechanical equipment, projections into setbacks, etc. The definitions of the terms are set forth at
Section 26.104.100 – Definitions.
B. Limitations. The prescribed allowances and limitations, such as height, setbacks etc., of distinct
structural components shall not be aggregated or combined in a manner that supersedes the
dimensional limitations of an individual structural component. For example, if a deck is permitted to
be developed within five feet of a property boundary and a garage must be a minimum of ten feet
from the same property boundary, a garage with a deck on top of it may not be developed any closer
than ten feet from the property boundary or otherwise produce an aggregated structural component
that extends beyond the setback limit of a garage.
City of Aspen Land Use Code
Part 500 – Miscellaneous Regulations
Page 2
Non-conforming aspects of a property or structure are limited to the specific physical nature of the
non-conformity. For example, a one-story structure which extends into the setback may not be
developed with a second-story addition unless the second story complies with the required setback.
Specific non-conforming aspects of a property cannot be converted or exchanged in a manner that
creates or extends a different specific non-conforming aspect of a property. For example, a property
that exceeds the allowable floor area and contains deck area that exceeds the amount which may be
exempted from floor area cannot convert deck space into additional interior space.
C. Measuring Net Lot Area. A property’s development rights are derived from Net Lot Area. This
is a number that accounts for the presence of steep slopes, easements, areas under water, and similar
features of a property. The method for calculating a parcel’s Net Lot Area is as follows:
Table 26.575.020-1 Percent of parcel to
be included in Net
Lot Area to
determine allowable
Floor Area
Percent of parcel to be
included in Net Lot
Area to determine
allowable Density
Areas of a parcel with 0% to 20% slope. Notes
2, 3. 100% 100%
Areas of a parcel with more than 20% and up
to 30% slope. Notes 2, 3.
For properties in the
R-15B Zone: 100%
For all other
properties: 50%.
100%
Areas of a parcel with more than 30% slope.
Notes 2, 3.
For properties in the
R-15B Zone: 100%
For all other
properties: 0%.
100%
Areas below the high water line of a river or
natural body of water. Note 1. 0% 0%
Areas dedicated to the City or County for open
space or a public trail. 100% 100%
Areas within an existing, dedicated, reserved
for dedication, proposed for dedication by the
application, or vacated public vehicular right-
of-way, public vehicular easement, or
vehicular emergency access easement. Notes 4,
5, 6.
0% 0%
Areas within an existing, dedicated, reserved
for dedication, or proposed for dedication by
the application private vehicular right-of-way
or vehicular easement. Notes 4, 5, 6.
0% 0%
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Areas within a vacated private vehicular right-
of-way or vehicular easement, when any
affected parcel has no other established
physical and legal means of accessing a public
way. Notes 4, 5, 6.
0% 0%
Areas within a vacated private vehicular right-
of-way or vehicular easement, when all
affected parcels have established alternate
physical and legal means of accessing a public
way. Notes 4, 5, 6.
100% 100%
Areas of a property subject to above ground or
below ground surface easements such as
utilities or an irrigation ditch that do not
coincide with vehicular easements.
100% 100%
Notes for Table 26.575.020 - 1:
1. Lot Area shall not be reduced due to the presence of man-made water courses or features such as
ditches or ponds.
2. In instances where the natural grade of a property has been affected by prior development
activity, the Community Development Director may accept an estimation of pre-development
topography prepared by a registered land surveyor or civil engineer. The Director may require
additional historical documentation, technical studies, reports, or other information to verify a pre-
development topography.
3. The total reduction in Floor Area attributable to a property’s slopes shall not exceed 25%.
4. Areas of a property within a shared driveway easement, when both properties sharing the
easement abut a public right-of-way, shall not be deducted from Lot Area. This enables adjacent
property owners to combine two driveways into one without reducing development rights.
5. When a property of 9,000 square feet or less contains a private vehicular access easement
dedicated to no more than one back parcel, when such back parcel has no other means of access,
the area of the access easement shall not be deducted from Lot Area for either Floor Area or
density purposes. Otherwise, areas of a vehicular access easement serving another parcel shall be
deducted from Lot Area as provided in the table above.
6. Within the Lodge zone district, the areas located within a vacated vehicular right-of-way, a
vacated public vehicular easement, or vacated vehicular emergency access easement, if the area
was vacated prior to the adoption of Ordinance No. 11, Series of 1975, shall not be deducted from
Lot Area for either Floor Area or density purposes. Otherwise, areas within a vacated vehicular
right-of-way, a vacated public vehicular easement, or vacated vehicular emergency access
easement shall be deducted from Lot Area as provided in the table above.
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D. Measuring Floor Area. In measuring floor areas for floor area ratio and allowable floor area,
the following applies:
1. General. Floor area shall be attributed to the lot or parcel upon which it is developed. In
measuring a building for the purposes of calculating floor area ratio and allowable floor area,
there shall be included all areas within the surrounding exterior walls of the building. When
measuring from the exterior walls, the measurement shall be taken from the exterior face of
framing, exterior face of structural block, exterior face of straw bale, or similar exterior
surface of the nominal structure excluding sheathing, vapor barrier, weatherproofing
membrane, exterior-mounted insulation systems, and excluding all exterior veneer and surface
treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior veneer
treatments. (Also, see setbacks.)
Figure 2: Measuring to Face of Framing
Figure 1: Shared Driveway Easement
Framing
Exterior Face
of Framing Property
Line
Window
Window Sill
Wood Veneer
Stone Veneer
Floor Area Measured to Face of Framing Setback measured to
edge of veneer
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2. Vertical circulation. When calculating vertical circulation, the circulation element shall be
counted as follows:
a) For stairs and elevators, the area of the feature shall be projected down and counted on the
lower of the two levels connected by the element and not counted as Floor Area on the
top-most interior floor served by the element.
b) When a stairway or elevator connects multiple levels, the area of the feature shall be
counted on all levels as if it were a solid floor except that the area of the feature shall not
be counted as Floor Area on the top-most interior level served by the element.
c) Mechanical and overrun areas above the top-most stop of an elevator shall not be counted
as Floor Area. Areas below the lowest stop of an elevator shall not be counted as Floor
Area.
3. Attic Space and Crawl Space. Unfinished and uninhabitable space between the ceiling joists
and roof rafters of a structure or between the ground and floor framing which is accessible
only as a matter of necessity is exempt from the calculation of Floor Area as described below.
Drop ceilings are not included in the height measurement for crawl spaces.
Crawl spaces that meet the following are exempt from Floor Area calculations:
1. 5 feet 6 inches or less in height measured between the hard floor structure and floor
framing; and
2. Accessible only through an interior floor hatch, exterior access panel, or similar feature;
and
3. Are the minimum height and size reasonably necessary for the mechanical equipment.
Stacked crawl spaces do not qualify for the Floor Area exemption. Crawl spaces greater than
5 feet 6 inches in height count toward Floor Area in accordance with Section 26.575.020.D.8
Subgrade areas.
Attic space that is conveniently accessible and is either habitable or can be made habitable
shall be counted in the calculation of Floor Area.
Areas of an attic level with thirty (30) vertical inches or less between the finished floor level
Figure 3: Thirty inch height exemption
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and the finished ceiling shall be exempt, regardless of how that space is accessed or used.
If any portion of the attic or crawl space of a structure is to be counted, then the entire room
shall be included in the calculation of Floor Area.
Examples of attic and crawl spaces that do and do not count toward Floor Area:
a) An attic area created above a “hung” or “false” ceiling is exempt.
b) A crawl space that is 6 feet in height that is accessible only through an interior hatch
counts.
c) An attic area accessible only through an interior pull-down access ladder is exempt.
d) An unfinished attic space or an unfinished crawl space over 4 feet in height which has
convenient access is counted.
e) A crawl space that is 5 feet 6 inches in height, is accessible only through an interior hatch
and is a reasonable size to accommodate the mechanical equipment is exempt.
4. Decks, Balconies, Loggias, Gazebos, Trellis, Exterior Stairways, and non-Street-facing
porches.
a) The calculation of the Floor Area of a building or a portion thereof shall not include
decks, balconies, trellis, exterior stairways, non-Street facing porches, gazebos and similar
features, unless the area of these features is greater than fifteen percent (15%) of the
allowable floor area for the property and the use and density proposed, or as otherwise
exempted by this Section.
b) If the area of these features exceeds fifteen percent (15%) of the property’s allowable
Floor Area (for that use and density proposed) only the areas in excess of the fifteen
percent (15%) shall be attributed towards the allowable Floor Area for the property. The
allowable Floor Area for the purpose of this calculation refers to the Floor Area
calculation based on the Net Lot Area, as defined in this chapter or as prescribed by a site
specific approval, with the following exceptions: Floor Area bonus, or established or
extinguished Transferrable Development Right certificates are not included.
c) Decks, balconies, exterior stairways, trellis, and similar features of a mixed use,
commercial, or lodge building located within the Commercial Core (CC) Zone District,
Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Neighborhood
Commercial (NC) Zone District, the Lodge (L) Zone District, or the Commercial Lodge
(CL) Zone District shall be exempt from Floor Area calculations.
d) For free-market residential units located within the Commercial Core (CC) Zone District
and Commercial (C-1) Zone District, at-grade patios, decks (other than roof-top decks),
balconies, exterior stairways, trellis, and other similar features may only be expanded up
to 15% of the total free-market residential floor area. Such free-market units shall not be
able to utilize any other exemptions to floor area outlined in Section 26.575.020(D).
e) The area of the following features count toward deck calculation: railing, permanently
fixed seating, permanently fixed grills, and similar permanently fixed features. Permanent
planter boxes and green roofs that are a minimum of 30” in height above or below the
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deck surface, measured from the deck surface to the bottom of the planter box or green
roof surface, and that are permanently built into the structure of the roof or deck are not
included in the deck calculation. Permanent planter boxes and green roofs that do not meet
the minimum requirement count toward deck calculation.
f) Unenclosed areas beneath decks, balconies, and exterior stairways shall be exempt from
Floor Area calculations unless that area is used as a carport. (See provisions for garages
and carports, Subsection 7.) Enclosed and unconditioned areas beneath porches, gazebos,
and decks or balconies when those elements have a finished floor level within thirty (30)
inches of the surrounding finished grade shall be exempt from Floor Area calculations
regardless of how that area is used.
5. Front Porches. Porches on Street-facing façade(s) of a structure developed within thirty (30)
inches of the finished ground level shall not be counted towards allowable Floor Area.
Otherwise, these elements shall be attributed to Floor Area as a Deck.
6. Patios. Patios developed at or within six inches of finished grade shall not be counted towards
Floor Area. These features may be covered by roof overhangs or similar architectural
projections of up to four feet, as measured from the face of the building, and remain exempt
from Floor Area calculations. When roof overhangs or similar architectural projections
exceed four feet, the entire feature counts toward Floor Area. Railing, permanently fixed
seating, permanently fixed grills, and similar permanently fixed features located on patios
shall count toward deck calculation.
7. Garages and carports. For all multi-family buildings, parcels containing more than two
residential units, and residential units located within a mixed-use building, 250 square feet of
the garage or carport area shall be excluded from the calculation of floor area per residence on
the parcel. All garage and carport area in excess of 250 square feet per residence shall be
attributed towards Floor Area and Floor Area Ratio with no exclusion. Garage and carport
S
t
r
e
e
t
Area of porch
not exempt
Exempt area
of porch
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areas for properties containing no residential units shall be attributed towards Floor Area and
Floor Area Ratio with no exclusion.
In the R-15B Zone District, garage and carport areas shall be excluded from the calculation of
Floor Area up to a maximum exemption of five-hundred-square-foot total for the parcel.
In zone districts other than the R-15B Zone District, properties containing solely a Single-
Family, two single-family residences, or a Duplex, the garage and carport area shall be
excluded from the calculation of Floor Area as follows:
For any property abutting an alley or private road entering at the rear or side of the property,
the garage or carport area shall only be excluded from floor area calculations as described
above if the garage or carport is accessed from said alley or road. If an alley or private road
does exist and is not utilized for garage or carport access, the garage or carport area shall be
attributed towards Floor Area calculations with no exclusion. If an alley or private road does
not abut the property, the garage or carport area shall be excluded from floor area calculations
as described above.
8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the
calculation of Floor Area based on the portion of the level exposed above grade.
The percentage of the gross area of a partially subgrade level to be counted as Floor Area
shall be the surface area of the exterior walls exposed above natural or finished grade,
whichever is lower, divided by the total exterior wall area of that level. Subgrade stories with
no exposed exterior surface wall area shall be excluded from floor area calculations.
Example: If the walls of a 2,000 square foot level are forty percent (40%) exposed
above the lower of natural or finished grade then forty percent (40%) of that level, 800
square feet is counted as Floor Area.
Table 26.575.020-2
Size of Garage or Carport Area excluded per primary dwelling unit (not including
Accessory Dwelling Units or Carriage Houses)
First 0 to 250 square feet 100% of the area
Next 251 to 500 square feet 50% of the area
Areas above 500 square feet No area excluded.
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For the purposes of this section, the exterior wall area to be measured shall be the interior wall
area projected outward and shall not include exterior wall areas adjacent to foundation or
floors of the structure. Floor structure does not include drop ceilings.
When considering multi-level subgrade spaces, adjacent interior spaces shall be considered on
the same story if the vertical separation between the ceilings of the spaces is less than 50% of
the distance between the floor and ceiling of either space.
Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area
Window
Area below more restrictive
Exposed Percentage of exterior wall that’s exposed
equals the amount of subgrade area that will
count towards floor area calculation
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When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall
area shall include the area within the gable of the roof.
For garages that are part of a subgrade area, the garage exemption is taken from the total gross
below-grade area prior to calculating the subgrade exemption. For example, a 2,000 square
foot story containing a 350 square foot garage which is 40% above grade, the calculation shall
be as follows:
Area counts
towards wall
calculation
Figure 7: Pitched roof with subgrade calculation
Space A and B are on the same level,
while Space A and C are on different levels.
Figure 6: Determining different building levels
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Garage exemption – the first 250 square feet is exempt and the next 100 square feet counts
50% or 50 square feet = 300 square feet of the garage which is exempt.
Subgrade exemption – 2,000 gross square feet minus 300 square feet of exempt garage
space = 1,700 gross square feet multiplied by 40% = 680 square feet of that level which
counts towards allowable Floor Area.
For subgrade spaces with adjoining crawl spaces exempt pursuant to Section 26.575.020.D.3,
a line is drawn to separate the basement space from the crawl space for the purposes of
calculating the perimeter and gross area measurements. Exempt crawl space is not included
in the perimeter, wall area, and floor area measurements.
Single-family and duplex structures shall contain no more than one floor level below finished
grade. A basement with a stepped floor is allowed. The finished floor level shall be no more
than 15 feet below finished grade. A crawl space below the basement, compliant with the
limitations of Section 26.575.020.D.3, shall be exempt from this depth limitation.
When it is necessary to determine the floor area of an individual unit within a duplex or multi-
family building, it shall be calculated from the exterior walls to the centerline of any party
walls it shares with other units.
In order to determine the subgrade area of an individual unit in a duplex or multi-family
building that applies toward Floor Area calculations, the subgrade gross square footage of an
individual unit shall be multiplied by the percentage of exterior walls exposed above grade for
the entire structure.
Example:
a. The subgrade exemption for the structure is 40% (exposed wall divided by total wall).
b. Unit A has 500 square feet below grade, measured from exterior wall to the centerline
of the party walls it shares with Unit B. Unit B has 900 square feet.
c. 0.40 (entire duplex exposed percentage) x 500 (Unit A subgrade gross square footage)
= 200 square feet subgrade floor area that applies toward the total Floor Area for Unit
A. 0.40 (entire duplex exposed percentage) x 900 (Unit B subgrade gross square
footage) = 360 square feet subgrade floor area that applies toward the Floor Area for
Unit B.
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9. Accessory Dwelling Units and Carriage Houses. An accessory dwelling unit or carriage
house shall be calculated and attributed to the allowable floor area for a parcel with the same
inclusions and exclusions for calculating floor area as defined in this Section.
10. Permanently Affordable Accessory Dwelling Units and Carriage Houses. One hundred
percent (100%) of the area of an Accessory Dwelling Unit or Carriage House which is
detached from the primary residence and deed-restricted as a "for sale" affordable housing
unit and transferred to a qualified purchaser in accordance with the Aspen/Pitkin County
Housing Authority Guidelines, as amended, shall be excluded from the calculation of floor
area, up to a maximum exemption of one thousand two hundred (1,200) square feet per
parcel.
In addition, the allowable floor area of a parcel containing such a permanently affordable
Accessory Dwelling Unit or Carriage House shall be increased in an amount equal to fifty
percent (50%) of the floor area of the Accessory Dwelling Unit or Carriage House, up to a
maximum bonus of six hundred (600) square feet per parcel.
11. Sheds, Storage Areas, and similar Accessory Structures. Sheds, storage areas, greenhouses,
and similar uninhabitable accessory structures, not within a garage, are exempt from floor
area limitations up to a maximum exemption of thirty-two (32) square feet per residence.
Storage areas within a garage shall be treated as garage space eligible for the garage
exemption only. Accessory structures thirty-six inches or less in height, as measured from
Unit A: 500 sq. ft.
Unit B: 900 sq. ft.
Duplex subgrade area
40% exposed above grade
City of Aspen Land Use Code
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finished grade, shall be exempt from Floor Area calculations (also see setback limitations).
Accessory structures that are both larger than thirty-two square feet per primary residence and
more than thirty-six inches in height shall be included in their entirety in the calculation of
Floor Area. Properties which do not contain residential units are not eligible for this Floor
Area exemption.
12. Historic Sheds and Outbuildings. The Community Development Director may provide a
parcel containing an uninhabitable and limited function historic shed, outbuilding, or similar
historic artifact with a Floor Area exemption to accommodate the preservation of the historic
resource. The shed or outbuilding must be considered a contributing historic resource of the
property. Functional outbuildings, such as garages, art studios, home offices, and the like
shall not be eligible for an exemption. The Director may consult the Historic Preservation
Commission prior to making a determination. The Director may require the property’s
potential to receive Floor Area bonuses be reduced to account for the structure. The
exemption shall be by issuance of a recordable administrative determination and shall be
revocable if the artifact is removed from the property.
13. Wildlife-Resistant Trash and Recycling Enclosures. Wildlife-resistant trash and recycling
enclosures located in residential zone districts are exempt from floor area requirements of the
zone district regulations if the enclosure is the minimum reasonably necessary to enclose the
trash receptacles in both height and footprint, is an unconditioned space not located inside
other structures on the property, and serves no other purpose such as storage, garage space, or
other purposes unrelated to protecting wildlife. Wildlife-resistant dumpster enclosures
located in commercial, mixed-use, or lodging zone districts are not exempt from floor area
requirements and shall comply with zone district requirements for Utility/Trash/Recycle
areas.
Enclosures shall be located adjacent to the alley if an alley borders the property and shall not
be located in a public right-of-way. Unless otherwise approved by the Historic Preservation
Commission, enclosures shall not abut or be attached to an historic structure. Enclosures may
abut other non-historic structures.
14. Allocation of Non-Unit Space in a mixed-use building. In order to determine the total floor
area of individual uses in a mixed-use building, the floor area for non-unit space, which is
common to all uses on the property, shall be allocated on a proportionate basis to the use
categories outlined in the subject zone district's FAR schedule. To determine the non-unit
space allocation in a building, a calculation of the building’s gross floor area, which refers to
the floor area of a building as calculated according to the Land Use Code plus subgrade
levels, is required. The building's gross floor area, minus all non-unit space, shall be divided
proportionately amongst the individual use categories in a building. These numbers shall then
be calculated as a percent of the gross floor area number.
Garages, including subgrade garages, and carports in mixed use buildings that contain
residential units are considered non-unit space.
When a feature is used exclusively by one use, the space shall be attributed to the floor area
for that use.
Gross floor area calculation:
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For instance, if a building was comprised of the following square footages:
2,000 sq. ft. commercial floor area (including 500 sq. ft. basement)
+ 4,000 sq. ft. free-market residential floor area
+ 2,000 sq. ft. affordable housing floor area
+ 1,000 sq. ft. nonunit floor area (1,250 sq. ft.- 250 sq. ft. for exempt garage)
= 9,000 sq. ft. gross floor area
Percentage of use category per building floor area:
Then the total unit floor area in the building, not including non-unit space, would be eight
thousand (8,000) square feet floor area (9,000 – 1,000). Using the allocation of non-unit
space standard, the uses account for the following percentages of the total unit floor area:
Commercial floor area = 25% [(2,000/8,000) * 100]
Free-market residential floor area = 50% [(4,000/8,000) * 100]
Affordable housing floor area = 25% [(2,000/8,000) * 100]
Application of use percentages to non-unit floor area:
A proportionate share of the non-unit floor area shall then be allocated towards each use
category. Floor area exemptions that apply to non-unit space, for example a garage or top
level of a shared stairway tower, are deducted from the total non-unit floor area before
allocating to each use category. Subgrade levels that do not count toward floor area shall not
be included in the use category total when calculating floor area. This provision shall apply to
all zone districts permitting mixed-use buildings.
Therefore, the one thousand (1,000) square feet of non-unit space is allocated to the
different uses as follows:
Commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft.
Free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft.
Affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft.
The floor area for each use is as follows:
Commercial floor area: 1,500 sq. ft. (2,000 sq. ft. total minus 500 sq. ft. exempt
basement) + 250 sq. ft. = 1,750 sq. ft.
Free market residential floor area: 4,000 sq. ft. + 500 sq. ft. = 4,500 sq. ft.
Affordable housing floor area: 2,000 sq. ft. + 250 sq. ft. = 2,250 sq. ft.
Examples:
1. Circulation features, for example hallways, that are shared (used by multiple uses) are
considered non-unit space.
2. A shared elevator that serves all levels of a mixed use building (even if the top level
terminates within a residential unit) is considered non-unit space.
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3. Circulation that is specific to a use, for example a private elevator that only serves the
residential component (i.e. it does NOT provide access to commercial levels), is
allocated to the floor area of the specific use and is not considered non-unit space.
4. A stairway that is interior to a single unit, which for example connects a two level
commercial space, counts toward commercial floor area.
15. Airlocks. Permanently installed interior airlock spaces are exempt from the calculation of
Floor Area Ratio and allowable Floor Area up to a maximum exemption of 100 square feet
per building. This exemption only applies to buildings containing non-residential uses and
does not apply to single-family, duplex, or multi-family buildings.
E. Measuring Setbacks.
1. General. Required setbacks shall be unoccupied and unobstructed within an area extending
horizontally from the parcel boundary to the setback line and vertically above and below
grade, excepting allowed projections as described below.
Required setbacks shall be measured perpendicular from all points of the parcel boundary to
the outmost exterior of a structure, including all exterior veneer such as brick, stone or other
exterior treatments, but excluding allowed projections as further described in subsection E.5,
below.
2. Determining Front, Rear, and Side Yards. The front yard setback shall be measured from the
front lot line. The Front Lot Line shall be the parcel boundary closest to or dividing a lot
from a Street or street right-of-way. All parcels have a front lot line. There shall not be more
than one front lot line.
The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall be
the parcel boundary opposite the front lot line. All parcels have a rear lot line. A parcel shall
have only one rear lot line.
Figure 8: Setback Measurement
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Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those
parcel boundaries other than a front or rear lot line. All parcels will have at least one side lot
line and may have multiple side lot lines.
For corner parcels, the front lot line shall be the parcel boundary along the Street with the
longest block length and the remaining boundary shall be a side lot line.
For corner parcels where the parcel boundary follows a curving Street, the midpoint of the
curve shall be used to differentiate the front lot line and the side lot line. In this case, the
boundary segment with the shortest Street frontage shall be the front lot line.
Figure 9: Determining
Setbacks
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For reverse curve lots, the curved portion of the lot line shall be considered the front lot line
and the two opposing parcel boundaries shall be considered side lot lines.
For all double frontage lots with Streets on opposite sides of the parcel, except for those
parcels abutting Main Street, the front lot line shall be the parcel boundary with the greatest
length of Street frontage and the opposing lot boundary shall be the rear lot line.
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For double frontage lots with equal length street frontages, the front lot line shall mirror the
front lot lines of the adjoining lots to the extent practical.
For double frontage lots abutting Main Street, the front lot line shall be the lot line adjoining
Main Street.
The Community Development Director shall resolve any discrepancies or situations where the
foregoing text does not provide definitive clarity by issuance of a recordable administrative
determination.
3. Determining required setbacks adjacent to streets or rights-of-way. When a property does not
extend into an adjacent public or private right-of-way or street easement, the required setback
shall be measured from the lot line.
When a property extends into an adjacent public or private right-of-way or street easement,
the required setback for that portion of the lot shall be measured from the edge of the right-of-
way or street easement closest to the proposed structure.
4. Combined Setbacks. Where zoning provisions require a combined yard setback (either front-
rear or side-side), the narrowest point on each yard shall be the basis for measuring the
combined setback. A combined yard requirement may not be met by staggering the required
yard setbacks.
For example, if a lot requires a combined side-yard setback of 30’, with a minimum of 10’ on
either side, Figure 14 shows compliance with the requirement – one side yard is 10’, the other
is 20’, and each side yard setback is consistent from front to rear.
Given the same example, Figure 15 meets the individual 10’ setback requirements, but the
combined setback is staggered and is not consistent from front to rear. This example does not
meet the combined setback requirement.
Figure 13: Required setback from a right-of-way or street easement
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5. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below
ground except for the following allowed projections:
a) Above or below ground utilities, including transformers and vaults, below-grade heating
or cooling conduit or infrastructure such as a ground-source heat pump system, below-
grade dry wells or other at-grade or below-grade drainage infrastructure.
b) Trees and vegetation.
c) Artwork, sculpture, seasonal displays.
d) Flagpoles, mailboxes, address markers.
e) Foundation footers, soil nails or below-grade tiebacks, and similar improvements
necessary for the structural integrity of a building or other structures.
f) The minimum projection necessary to accommodate exterior mounted utility junctions,
meters, cable boxes, vent flues, standpipes, and similar apparatus and including any
protective structure as may be required by the utility provider.
g) Building eaves, bay windows, window sills, and similar architectural projections up to
eighteen (18) inches as measured from the setback boundary.
Figure 15: Does not comply with combined setbacks
Figure 14: Compliance with combined setbacks
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h) The minimum projection necessary to accommodate light wells and exterior basement
stairwells as required by adopted Building or Fire Codes as long as these features are
entirely recessed behind the vertical plane established by the portion of the building
façade(s) closest to any Street(s).
If any portion of the feature projects into the setback, the entire feature may be no larger
than the minimum required.
Features required for adjacent subgrade interior spaces may be combined as long as the
combined feature represents the minimum projection into the setback. There is no vertical
depth limitation for these features.
This exemption does not apply to Areaways. This exemption does not apply to light wells
and exterior basement stairwells which are not required by adopted Building or Fire
Codes.
i) The minimum projection necessary to accommodate an exterior-mount fire escape to an
existing building, as may be required by adopted Building or Fire Codes.
j) Uncovered porches, landscape terraces, slabs, patios, walks and similar features, which do
not exceed six (6) inches vertically above or below the surrounding finished grade for the
entire feature.
k) Landscape walls, berms, retaining walls, stairways and similar structures, which do not
exceed thirty (30) inches vertically above or below the lower of natural or finished grade
Improvements may be up to thirty (30) inches above and below grade simultaneously, for
up to a sixty (60) inch total. Improvements may exceed thirty (30) inches below grade if
determined to be necessary for the structural integrity of the improvement. (See Figure
16). Berms are prohibited in the front yard setback.
l) Drainage swales, stormwater retention areas, bio retention areas, rain collection systems,
and similar stormwater retention, filtration or infiltration devices or facilities are permitted
in setbacks as long as the finished grade of the top of the improvement does not exceed
thirty (30) inches vertically above or below the surrounding finished grade. Stormwater
improvements or portions thereof may be buried and exceed thirty (30) inches below
grade as long as the finished grade above the facility does not exceed thirty (30) inches
vertically above or below the surrounding finished grade. These features may be up to
thirty (30) inches above and below finished grade simultaneously.
m) Hot tubs, spas, pools, water features, and permanently affixed outdoor grills, furniture,
seating areas, and similar permanent structures shall have the following requirements:
a. Prohibited between any lot line adjacent to a street and any structure; and
b. Shall be located at least double the minimum setback for a primary structure
from any lot line adjacent to a street; and
c. If visible from the street, these features shall be screened in accordance with
Section 26.575.050, Fences; and
d. If located within a setback not adjacent to a street, these features shall not
exceed thirty (30) inches above or below finished grade. These features may be
up to thirty (30) inches above and below finished grade simultaneously.
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Improvements may exceed thirty (30) inches below grade if necessary for the
structural integrity of the improvement.
n) Heating and air conditioning equipment and similar mechanical equipment shall have the
following requirements:
a. Prohibited between any lot line adjacent to a street and any structure; and
b. Shall be located at least double the minimum setback for a primary structure
from any lot line adjacent to a street; and
c. If visible from the street, these features shall be screened in accordance with
Section 26.575.050, Fences; and
d. If located within a setback not adjacent to a street, these features shall not
exceed thirty (30) inches above or below finished grade. These features may be
up to thirty (30) inches above and below finished grade simultaneously.
The Community Development Director may approve exceptions to the requirements of m)
and n) above. The Community Development Director must first determine that the visual
impact of the exemption is minimal and that no other reasonable option exists. Approval
shall be in the form of a recordable administrative determination.
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o) The height and placement of energy efficiency or renewable energy production systems
and equipment which are located adjacent to or independent of a building shall be
established by the Planning and Zoning Commission pursuant to the procedures and
criteria of Chapter 26.430 – Special Review. These systems are discouraged between any
lot line adjacent to a street and any structure. For energy production systems and
equipment located on top of a structure, see sub-section F.4.
p) Fences and hedges less than forty-two (42) inches in height, as measured from finished
grade, are permitted in all required yard setbacks. Fences and hedges up to six (6) feet in
height, as measured from finished grade, are permitted only in areas entirely recessed
behind the vertical plane established by the portion of the building facade which is closest
Area below grade
30”
30”
Spa
Figure 16: 30” Calculation
42” fence
height Front
Façade line
Of house
72” fence
height
Figure 17
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to the Street. This restriction applies on all Street-facing facades of a parcel. (Also see
Section 26.575.050 – Supplementary Regulations for limitations on fence materials.)
q) Driveways not exceeding twenty-four (24) inches above or below finished grade within
any setback of a yard facing a Street. Within all other required setbacks, finished grade of
a driveway shall not exceed thirty (30) inches above or below finished grade.
r) Parking may occur in required setbacks if within an established driveway or parking area
and the curb cut or vehicular access is from an alleyway, if an alleyway abuts the
property, or has otherwise been approved by the City.
s) Non-permanent features which are not affixed to the ground such as movable patio
furniture, outdoor seating or a picnic table, barbeque grills, children’s play equipment, and
similar non-permanent features which are not affixed to the ground. This exemption shall
not allow storage sheds or containers.
t) Wildlife-resistant Trash and Recycling enclosures located in residential zone districts shall
be prohibited in all yards facing a Street. These facilities may be placed within non-street
facing yards if the enclosure is the minimum reasonably necessary in both height and
footprint, is an unconditioned space not integrated with other structures on the property,
and serves no other purpose such as storage, garage space, or other purposes unrelated to
protecting wildlife. Wildlife-resistant trash and recycling enclosures located in
commercial, mixed-use, or lodging zone districts are not exempt from setback
requirements and shall comply with zone district requirements for Utility/Trash/Recycle
areas.
Temporary intermittent placement of trash and recycling containers in or along yards
facing a Street is allowed. For example, on “trash day.”
Enclosures shall be located adjacent to the alley where an alley borders the property and
shall not be located in a public right-of-way. Unless otherwise approved by the Historic
Preservation Commission, enclosures shall not abut or be attached to a historic structure.
Enclosures may abut other non-historic structures.
F. Measuring Building Heights.
1. For properties in the Commercial Core (CC), Commercial (C1), Commercial Lodge (CL),
Neighborhood Commercial (NC) and Service Commercial Industrial (SCI) Zone Districts, the
height of the building shall be the maximum distance between the ground and the highest
point of the roof top, roof ridge, parapet, or top-most portion of the structure. See subsection
3, below, for measurement method.
2. For properties in all other Zone Districts, the height of the building shall be measured
according to the pitch of the roof as follows. See subsection 3, below, for measurement
method.
a) Flat roofs or roofs with a pitch of less than 3:12. The height of a building with a roof
pitch of less than 3:12 shall be measured from the ground to the top-most portion of the
structure.
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b) Roofs with a pitch from 3:12 to 7:12. The height of a building with a roof pitch from 3:12
to 7:12 shall be measured from the ground to the point of the roof vertically halfway
between the eave point and the ridge. There shall be no limit on the height of the ridge.
c) Roofs with a pitch greater than 7:12. The height of a building with a roof pitch greater
than 7:12 shall be measured from the ground to the point of the roof vertically one-third
(⅓) of the distance up from the eave point to the ridge. There shall be no limit on the
height of the ridge.
Height of
building Height of
building
Parapet
wall
Roof Pitch
3:12 or less
Figure 18: Measuring height for flat roofs or roofs with less than 3:12 pitch
Ridge
Eave Point
Height
Midpoint between eave pt. and ridge
Figure 19: Measuring height for roofs with pitch from 3:12 to 7:12
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For roofs with multiple pitches within one vertical plane, the height of the roof shall be
measured by drawing a line within a vertical section between the ridge and the Eave
Point(s) and then applying the methodology for the resulting pitch of said line(s) as
described above.
d) For barrel-vault roofs, height shall be measured by drawing a line within a vertical section
between the top-most point of the roof and the Eave Point(s) and then applying the
methodology for the resulting pitch of said line(s) as described above.
e) For “shed” roofs with a single-pitch, the methodology for measuring shall be the same as
described above according to the slope of the roof and by using the highest point of the
roof as the ridge.
f) For mansard roofs, height shall be measured to the flat roof as described above.
g) Dormers shall be excluded from the calculation of height if the footprint of the dormer is
50% or less of the roof plane on which the dormer is located and the ridge of the dormer is
not higher than the ridge of the roof on which it is located. If there are multiple dormers
on one roof plane, the aggregate footprint shall be used. Otherwise, dormers shall be
included in the measurement of height according to the methods described above.
h) Butterfly roofs shall be measured in accordance with shed roof methodology.
3. Height Measurement Method. In measuring a building for the compliance with height
restrictions, the measurement shall be the maximum distance measured vertically from the
ground to the specified point of the building located above that point, as further described
below:
Ridge
1/3rd point between
eave pt and Ridge
Eave Point Height
Figure 20: Eave Point and Exterior Sheathing of a Roof
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a) Measuring height along the perimeter of the building. At each location where the exterior
perimeter of a building meets the ground, the measurement shall be taken from the lower
of natural or finished grade. Building permit plans must depict both natural and finished
grades.
b) Measuring height within the footprint of the building. For the purposes of measuring
height within the footprint of a building, areas of the building within 15 horizontal feet of
the building’s perimeter shall be measured using the perimeter measurement, as described
above. In all other areas, the natural grade of the site shall be projected up to the
allowable height and the height of the structure shall be measured using this projected
topography.
In instances where the natural grade of a property has been affected by prior development
activity, the Community Development Director may accept an estimation of pre-
development topography prepared by a registered land surveyor or civil engineer. The
Director may require additional historical documentation, technical studies, reports, or
other information to verify a pre-development topography.
If necessary, the Community Development Director may require an applicant document
natural grade, finished grade, grade being used within the footprint of the building, and
other relevant height limitation information that may need to be documented prior to
construction.
c) Measuring to the roof – The high point of the measurement shall be taken from the
surface of a structure’s roof inclusive of the first layer of exterior sheathing or
weatherproofing membrane but excluding exterior surface treatments such as shakes,
shingles, or other veneer treatments or ornamentation.
When measuring roofs to a point between the ridge and the eave point, the eave point shall
be the point where the plane of a roof intersects the plane of the exterior wall. The roof
and wall planes shall be of the nominal structure, excluding all exterior treatments.
Eave Point
Exterior Sheathing
Figure 21: Eave Point and Exterior Sheathing of a Roof
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4. Allowed Exceptions to Height Limitations.
a) Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar
venting apparatus may extend no more than ten (10) feet above the height of the building
at the point the device connects. For roofs with a pitch of 8:12 or greater, these elements
may not extend above the highest ridge of the structure by more than required by adopted
building codes or as otherwise approved by the Chief Building Official to accommodate
safe venting. To qualify for this exception, the footprint of these features must be the
minimum reasonably necessary for its function the features must be combined to the
greatest extent practical. Appurtenances such as hoods, caps, shields, coverings, spark
arrestors, and similar functional devices or ornamental do-dads shall be contained within
the limitations of this height exception.
On structures other than a single-family or duplex residential building or an accessory
building, all Chimneys, flues, vents, and similar venting apparatus should be set back from
any Street facing façade of the building a minimum of twenty (20) feet and the footprint
should be minimized and combined to the greatest extent practicable.
b) Communications Equipment. Antennas, satellite dishes, and similar communications
equipment and devices shall comply with the limitations of Section 26.575.130 – Wireless
Telecommunication Services Facilities and Equipment.
c) Elevator and Stair Enclosures. On structures other than a single-family or duplex
residential building or an accessory building, elevator overrun enclosures and stair
enclosures may extend up to five (5) feet above the specified maximum height limit.
Elevator and stair enclosures may extend up to ten (10) feet above the specified maximum
height limit if set back from any Street facing façade of the building a minimum of twenty
(20) feet and the footprint of the elevators or stair enclosures are minimized and combined
to the greatest extent practicable.
For single-family and duplex residential buildings and for accessory buildings, elevator
and stair enclosures are not allowed a height exception.
d) Rooftop Railings. On any structure other than a single-family or duplex residential
building, rooftop railings and similar safety devices permitting rooftop access may extend
up to five (5) feet above the height of the building at the point the railing connects. To
qualify for this exception, the railing must be the minimum reasonably necessary to
provide adequate safety and building code compliance and the railing must be 50% or
more transparent. All railings shall be set back from any Street facing facade of the
building by an amount equal to the height of the railing.
For single-family and duplex residential buildings, rooftop railings shall not be allowed a
height exception.
e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar
mechanical equipment or utility apparatus located on top of a building may extend up to
six (6) feet above height of the building at the point the equipment is attached. This
allowance is inclusive of any pad the equipment is placed on, as well as any screening.
Mechanical equipment shall be screened, combined, and co-located to the greatest extent
practicable. On structures other than a single-family or duplex residential building or an
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accessory building, all mechanical equipment shall be set back from any Street facing
façade of the building a minimum of fifteen (15) feet.
f) Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy
efficiency systems or renewable energy production systems and equipment including solar
panels, wind turbines, or similar systems and the system’s associated equipment which is
located on top of a building may extend up to five (5) feet above the height of the building
at the point the equipment is attached.
On any structure other than a single-family or duplex residential building or an accessory
building, these systems may extend up to ten (10) feet above height of the building at the
point the equipment is attached if set back from any Street facing façade of the building a
minimum of twenty (20) feet and the footprint of the equipment is minimized and
combined to the greatest extent practicable. Certain additional restrictions may apply
pursuant to Chapter 26.412, Commercial Design Review.
The height and placement of energy efficiency or production systems which are not
located on top of a building (located independent of a building) shall be established by the
Planning and Zoning Commission pursuant to the procedures and criteria of Chapter
26.430 – Special Review. (Also see setback requirements for these systems at sub-section
E.5.)
g) Church spires, bell towers and like architectural projections on Arts, Cultural and Civic
buildings may extend over the height limit as may be approved pursuant to Commercial
Design Review.
h) Flag poles may extend over the specified maximum height limit.
i) Exceptions for buildings on slopes. For properties with a slope that declines by 10% or
greater from the front lot line, the maximum height of a building's front (street-facing)
facade may extend horizontally for the first ten (10) feet of the building's depth
For properties located in the geographical area bounded by Durant Street, Main Street,
Monarch Street and Original Street and have a maximum elevation change of three (3)
feet, the maximum height measurement as determined from the highest point of the lot
may extend the entire width or length of the lot. See Figure A, below, where “X’” is the
measured height.
Figure A: Measurement on a Slope
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j) Exceptions for lightwells and basement stairwells. A basement stairwell required by
Building Code for egress shall not be counted towards maximum permissible height. On
street facing facades the minimum size lightwell entirely recessed behind the vertical
plane established by the portion of the building façade(s) closest to any Street(s), and
enclosed on all sides to within eighteen (18) inches of the first floor level (e.g. not a walk-
out style light well) shall not be counted towards maximum permissible height. On non-
street facing facades a lightwell that is no more than one hundred (100) square feet shall
not be counted towards maximum permissible height. This exception does not apply to
lightwells and stairwells that are located within a setback.
For properties that contain an areaway that counts toward the pedestrian amenity
requirement, the qualifying areaway shall not be counted towards maximum permissible
height. See Figure B, below, where “X’” is the measured heights and “Y’” is not
counted if the subgrade area counts as pedestrian amenity.
Figure B: Measurement of heights with subgrade pedestrian amenity
The Historic Preservation Commission is authorized to grant an exception to height for
lightwells larger than one hundred (100) square feet on historic landmark properties that
contain a historic resource upon a finding that the following conditions are met:
a. Lightwell is not easily visible from the right of way.
b. Approval of the exemption supports the preservation of the historic resource.
k) For commercial, lodge, or mixed-use buildings located in the Commercial Core (CC),
Commercial (C-1), or Neighborhood Commercial (NC) zone districts, decorative, non-
functional architectural elements such as a parapet, cornice, spire, pediment, are exempted
from height measurement up to twenty-four (24) inches only if approved by the Planning
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and Zoning Commission or Historic Preservation Commission as part of a Commercial
Design Review. This exemption shall not be combined with any other height exemptions.
l) Permanent Rooftop Amenities. Permanent rooftop amenities, such as built-in wet bars,
built-in barbeque grills, cabinets, sinks, fire pits, pools, hot tubs, etc. shall be permanently
installed and shall meet the following height and setback requirements to qualify for a
height exemption. This only applies to a mixed use, lodge, or commercial building
located in the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the
Commercial (C-1) Zone District, the Lodge (L) Zone District, the Neighborhood
Commercial (NC) Zone District, or the Commercial Lodge (CL) Zone District. Permanent
rooftop amenities may extend up to five (5) feet above height of the building at the point
the equipment is attached to the roof. This allowance is inclusive of any pad the
equipment is placed on. A trellis with a maximum height of ten (10) feet and a maximum
floor area of no more than 5% of the useable deck area is permitted. All permanent
rooftop amenities shall be set back from any Street facing façade of the building by a
minimum of ten (10) feet.
m) Exceptions for skylight and light tubes A skylight or light tube typical of industry
standards and meeting minimum Building Code standards shall not be counted towards
maximum permissible height.
G. Measuring Site coverage. Site coverage is typically expressed as a percentage. When
calculating site coverage of a structure or building, the exterior walls of the structure or building at
ground level should be used. When measuring to the exterior walls, the measurement shall be taken
from the exterior face of framing, exterior face of structural block, or similar exterior surface of the
nominal structure excluding sheathing, vapor barrier, weatherproofing membrane, exterior-mounted
insulation systems, and excluding all exterior veneer and surface treatments such as stone, stucco,
bricks, shingles, clapboards or other similar exterior veneer treatments. Porches, roofs or balcony
overhangs, cantilevered building elements and similar features extending directly over grade shall be
excluded from maximum allowable site coverage calculations.
H. Measurement of Demolition. The City Zoning Officer shall determine if a building is intended
to be or has been demolished by applying the following process of calculation:
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing the
following:
4. The surface area of all existing (prior to commencing development) exterior wall assemblies
above finished grade and all existing roof assemblies. Not counted in the existing exterior
surface area calculations shall be all existing fenestration (doors, windows, skylights, etc.).
5. The exterior surface area, as described above, to be removed. Wall area or roof area being
removed to accommodate new or relocated fenestration shall be counted as exterior surface
area being removed.
6. The diagram shall depict each exterior wall and roof segment as a flat plane with an area
tabulation.
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Exterior wall assembly and roof assembly shall constitute the exterior surface of that element
in addition to the necessary subsurface components for its structural integrity, including such
items as studs, joists, rafters etc. If a portion of a wall or roof structural capacity is to be
removed, the associated exterior surface area shall be diagrammed as being removed. If a
portion of a wall or roof involuntarily collapses, regardless of the developer's intent, that
portion shall be calculated as removed. Recalculation may be necessary during the process of
development and the Zoning Officer may require updated calculations as a project progresses.
Replacement of fenestration shall not be calculated as wall area to be removed. New,
relocated or expanded fenestration shall be counted as wall area to be removed.
Only exterior surface area above finished grade shall be used in the determination of
demolition. Sub-grade elements and interior wall elements, while potentially necessary for a
building's integrity, shall not be counted in the computation of exterior surface area.
According to the prepared diagram and area tabulation, the surface area of all portions of the
exterior to be removed shall be divided by the surface area of all portions of the exterior of the
existing structure and expressed as a percentage. The Zoning Officer shall use this percentage
to determine if the building is to be or has been demolished according to the definition in
Section 26.104.100, Demolition. If portions of the building involuntarily collapse, regardless
of the developer's intent, that portion shall be calculated as removed.
It shall be the responsibility of the applicant to accurately understand the structural
capabilities of the building prior to undertaking a remodel. Failure to properly understand the
structural capacity of elements intended to remain may result in an involuntary collapse of
those portions and a requirement to recalculate the extent of demolition. Landowner's intent
or unforeseen circumstances shall not affect the calculation of actual physical demolition.
Additional requirements or restrictions of this Title may result upon actual demolition.
I. Measurement of Net Leasable Area and Net Livable Area. The calculation of net leasable area
and net livable area shall include all interior space of a building measured from interior wall to
interior wall, including interior partitions. Net leasable area and net livable area shall be attributed to
the lot or parcel upon which it is developed. Net leasable area includes all interior areas which can be
leased to an individual tenant with the exceptions noted below. Net livable area includes those areas
of a building that are used or intended to be used for habitation with the exceptions noted below.
Garages and carports are exempt from net leasable area and net livable area calculations.
1. Permanently installed interior airlock spaces are exempt from the calculation of net leasable
space up to a maximum exemption of 100 square feet. Seasonal airlocks of more than 10
square feet, installed on the exterior of a building, shall be considered net leasable area and
shall be subject to all requirements of the Land Use Code, including employee mitigation,
prorated according to the portion of the year in which it is installed.
2. Unless specifically exempted through other provisions of this Title, outdoor displays, outdoor
vending, and similar commercial activities located outside (not within a building) shall also be
included in the calculation of net leasable area. The calculation of such area shall be the
maximum footprint of the display or vending apparatus. For vending carts or similar
commercial activities requiring an attendant, the calculation shall also include a reasonable
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amount of space for the attendant. Exterior decks and exterior seating are not included in the
calculation of net leasable area. Vending machines, gas pumps, and similar devices without an
attendant shall not be considered net leasable area.
The calculation of net leasable area and net livable area shall exclude areas of a building that are
integral to the basic physical function of the building. All other areas are attributed to the
measurement of net leasable commercial space or net livable area. When calculating interior
stairways or elevators, the top most interior level served by the stairway or elevator is exempt from
net livable or net leasable area calculations.
Shared areas that count toward net leasable area and net livable area shall be allocated on a
proportionate basis of the use category using the percentages that are generated pursuant to Section
26.575.020.D.14 Allocation of non-unit space in a mixed use building.
Examples:
1. A broom closet of a minimum size to reasonably accommodate the storage of janitorial
supplies for the entire building is considered integral to the physical function of the building
and does not count toward net leasable area.
2. A shared commercial storage area that is larger than needed for the basic functionality of the
building counts toward net leasable area because it is useable by the businesses.
3. A shared stairway and a shared circulation corridor (that access more than one use) are integral
to the physical function of the building and do not count in the measurement of net livable
area or net leasable area.
4. A stairway that is entirely within one residential unit counts toward the measurement of net
livable area.
5. A private elevator that serves more than one residential unit, and does not provide access to
other uses, does not count toward the measurement of net livable area.
6. A private elevator that serves only one residential unit, and does not provide access to other
uses, counts toward the measurement of net livable area.
7. A shared mechanical room that is larger than the minimum space required to reasonably
accommodate the mechanical equipment counts toward the measurement of net livable area or
net leasable area as applicable. The area of the mechanical room that is the minimum size
required for the mechanical equipment does not count in net livable area or net leasable area.
J. Exceptions for Energy Efficiency. The Community Development Director may approve
exceptions to the dimensional restrictions of this Section to accommodate the addition of energy
production systems or energy efficiency systems or equipment in or on existing buildings when no
other practical solution exists. The Community Development Director must first determine that the
visual impact of the exemption is minimal and that no other reasonable way to implement energy
production or efficiency exists. The Director may require notice be provided to adjacent landowners.
Approval shall be in the form of a recordable administrative decision.
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K. Exceptions for Building Code Compliance. The Community Development Director may
approve exceptions to the dimensional restrictions of this Section to accommodate improvements
required to achieve compliance with building, fire, or accessibility codes in or on existing buildings
when no other practical solution exists. The Community Development Director must first determine
that the visual impact of the exemption is minimal and that no other reasonable way to implement
code compliance exists. The Director may require notice be provided to adjacent landowners.
Approval shall be in the form of a recordable administrative decision.
L. Appeals. An applicant aggrieved by a decision made by the Community Development Director
regarding this Calculations and Measurements Section may appeal the decision to the Administrative
Hearing Officer, pursuant to Chapter 26.316.
(Ord. No. 44-1999, §7; Ord. No. 55-2000, §14; Ord. No. 56-2000, §§5, 6, 8; Ord. No. 25-2001, §§6,
7; Ord. No. 46-2001, §4; Ord. No. 55, 2003, §§2—4; Ord. No. 12-2006, §19; Ord. No. 12, 2007, §32;
Ord. No. 27-2010, §1; Ord. No. 12-2012, §3; Ord. No. 25-2012, §4; Ord. No. 7-2014; §§ 1-9; Ord.
No. 31-2014, §2; Ord. No. 4-2015, §1; Ord. No. 46-2015, §§ 12-20; Ord. No. 30, 2016, §6)
26.575.030 Outdoor Merchandising
A. Outdoor Merchandising on Private Property. Private property may be utilized for
merchandising purposes by those businesses located adjacent to and on the same parcel as the
outdoor space. This shall not grant transient sales from peddlers who are not associated with an
adjacent commercial operation; this includes service uses such as massage, tarot card reading, aura
analysis, etc. Outdoor merchandising shall be directly associated with the adjacent business and shall
not permit stand-alone operations, including, but not limited to, automated bike rental racks, movie
rental kiosks, automated dog washes, or automated massage furniture. In addition, outdoor
merchandising must meet the following requirements:
1. Merchandise must be maintained, orderly and located in front of or proximate to the storefront
related to the sales.
2. The display of merchandise shall in no way inhibit the movement of pedestrian traffic along
the public right-of-way. All merchandising shall be located on private property. A minimum
of six (6) foot ingress/egress shall be maintained for building entrances and exits.
3. Outdoor clothing displays including, but not limited to, coats, jeans, shirts, athletic apparel,
and footwear are allowed. Outside clothing displays of two (2) mannequins or one (1)
clothing rack of up to six (6) feet in length, but not both, are allowed. Bins, boxes, and
containers that sit directly on the ground are allowed for outdoor clothing sales, but cardboard
boxes are prohibited. All outdoor merchandise displays must have a minimum height of not
less than 27 inches from grade to prevent tripping hazards. For all other types of
merchandise, the size and amount allowed shall be under the discretion of the property owner.
4. Umbrellas, retractable canopies, and similar devices are not permitted for outdoor
merchandising. See Section 26.304.070.F.2.
5. Merchandise shall be displayed for sale with the ability for pedestrians to view the item(s).
Outdoor areas shall not be used solely for storage.
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a. The prohibition of storage shall be limited to merchandising on private property and
shall not apply to permitted commercial activity on an abutting right-of-way or
otherwise permitted by the City.
B. Outdoor Restaurant Seating on Private Property. Private Property may be used for
commercial restaurant outdoor dining if adequate pedestrian and emergency vehicle access is
maintained. Umbrellas, retractable canopies, and similar temporary, removable devices are permitted
for commercial restaurant uses. For outdoor food vending in the Commercial Core District, also see
Paragraph 26.470.040.B.3, Administrative growth management review.
(Ord. No. 55-2000, §15; Ord. No. 1-2002, §16; Ord. No. 23-2004, §3; Ord. No. 2-2005, §2; Ord. No.
5, 2005, §2; Ord. No. 13, 2007, §2, Ord. No. 9A, 2010 §2; Ord. No. 14 - 2013, §2; Ord. No. 30, 2016,
§5)
26.575.040 Commercial Parking Facilities
When a parking facility is proposed to function as a commercial parking facility, as such terms are
used herein, review and approval shall be according to Chapter 26.430, Special Review and the
review standards of Section 26.515.040, Special Review Standards. Development of such a facility
may also require conditional use review in some Zone Districts. Also see definition of "Commercial
parking facility," Section 26.104.100.
(Ord. No. 13-2005, §3; Ord. No. 50-a-2005, §6; Ord. No. 12, 2007, §§33, 34; Ord. No. 27-2010, §2;
Ord. No. 30, 2016, §7)
26.575.045 Junkyards and service yards
Junkyards (See Definitions, Section 25.104.100) shall be screened from the view of other lots,
structures uses and rights-of-way. Service yards (See Definitions, 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 percent (10%)
open area.
26.575.050 Fence Materials
Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above
finished grade or as otherwise regulated by the, Historic Preservation Design Guidelines (see Chapter
26.415), the Commercial Design Standards (see Chapter 26.412), Calculations and Measurements –
setbacks (see Chapter 26.575.020.5), or the Engineering Design Standards (see landscaping). Fences
shall be constructed of wood, stone, wrought iron, concrete, metal, wire, or masonry. Chain link,
plastic, vinyl or synthetic fences are prohibited.
(Ord. No. 55-2000, §16; Ord. No. 12-2007, §35; Ord. No. 7-2014, §10; Ord. No. 46-2014, §21)
26.575.060 Driveways
Driveways are not permitted to be gated.
Note: Section 26.575.060, formerly Utility/trash/recycle service areas was repealed via Ordinance
No. 13 (Series of 2013). Chapter 12.06, Waste Reduction and Recycling was amended via the above
referenced ordinance to address waste and recycling areas.
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(Ord. No. 5-2005, §3; Ord. No. 12, 2007, §36; Ord. No. 7-2013, § 4; Ord. No. 13-2013, § 10; Ord.
No. 7-2014, § 11)
26.575.070 Reserved (formerly Use square footage limitations)
(Ord. No. 7-2013, §2)
26.575.080 Child care center
A. A daycare center shall provide one (1) 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 daycare home and shall be allowed as an accessory use, subject to the
following:
1. If the family daycare home is developed in conjunction with a residential use, it shall meet the
requirements of a home occupation.
2. If the family daycare 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 (1) off-street parking space.
26.575.090 Home occupations
Home occupations are permitted in all residential dwellings in the City. To ensure home occupations
are clearly incidental and secondary to the residential character of the home, a home occupation must
comply with each of the following:
A. Employees. Employs no more than one (1) person who is a nonresident of the dwelling; and
B. Business License. Operates pursuant to a valid Business License for the use held by the resident
of the dwelling unit; and
C. Signage. Any signs must comply with Chapter 26.510 SIGNS; and
D. Outdoor Storage. Any outside storage shall be screened or enclosed; and
E. Nuisance. 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; and
F. Prohibitions. Does not include any of the following uses as a home occupation: Retail uses
where the point of sale occurs within the residence (does not prohibit off-premise or internet
sales); Restaurant uses, health or medical clinic, mortuary, nursing home, veterinarian's clinic,
pharmacy, the sale, production, cultivation or testing of marijuana or marijuana products, child
care center for 6 or more children (see Section 26.575.080), warehousing, brewery, distillery,
coffee roasting facility, liquor store, group home, dancing studio, or for the storage, sale,
production, processing of flammable or volatile materials.
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A home occupation license may be revoked if the use creates a substantial nuisance or hazard to
neighboring residents.
(Ord. No. 7-2013, §3; Ord. No. 23-2014, §1)
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:
A. Provide financial assurances equal to one hundred twenty percent (120%) 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 15th of the next planting season; otherwise the financial assurances
shall be forfeited to the City.
B. Submit for approval a revised landscape plan.
26.575.110 Building envelopes
For the purposes of this Chapter, an approved building envelope shall have the same requirements
and allowances as the underlying zoning setbacks, unless otherwise noted in a site-specific
development plan.
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 required or designated as part of a development approval shall be described on
recorded plats, site-specific development plans, ordinances, resolutions and building permit site
plans.
(Ord. No. 46-2015, §22)
26.575.120 Satellite dish antennas
A. Satellite dish antennas twenty-four (24) inches in diameter or more must receive building permits,
if required, prior to installation. Prior to the issuance of appropriate building permits, satellite dish
antennas greater than twenty-four (24) inches in diameter shall be reviewed and approved by the
Community Development Director in conformance with the following criteria. Any satellite dishes
installed on a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or in
an H, Historic Overlay District shall be reviewed according to Subsection 26.415.070.B.
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.
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2. Location, size and design. The location, size, design and operating characteristics of the
proposed use minimizes adverse effects, including visual impacts, impacts on pedestrian 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, sub-grade 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 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.
(Ord. No. 1-2002 § 17)
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 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 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; placement,
construction or modification of such facilities;
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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 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
noncommercial 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.
1. General. 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 reviews and the review process in
general.
2. Administrative review. 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.
3. Appeal of Director's determination. The Community Development Director may apply
reasonable conditions to the approval as deemed necessary to ensure conformance with
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applicable review criteria in Subsection 26.575.130.F. If the Community Development
Director determines that the proposed wireless telecommunication services facilities and
equipment do 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 special review (Chapter 26.430) by the Planning and
Zoning Commission or, if applicable, by the Historic Preservation 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. All appeals shall require public
hearings and shall be noticed by the applicant in accordance with Paragraphs
26.304.060.E.3.a, b and c of this Code.
4. Historic Preservation Commission review. 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 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 do 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. All appeals shall require
public hearings and shall be noticed by the applicant in accordance with Paragraphs
26.304.060.E.3.a, b and c of this Code.
5. Building permit. 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 permits, 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.
6. Special review. An application requesting a variance from the review standards for height of
wireless telecommunications service facilities and/or equipment or an appeal of a
determination made by the Community Development Director, shall be processed as a special
review in accordance with the common development review procedures set forth in Chapter
26.304. The special review shall be considered at a public hearing for which notice has been
posted and mailed, pursuant to Paragraphs 26.304.060.E.3.b and c.
Review is by the Planning and Zoning Commission. If the property is listed on the Aspen
inventory of historic landmark sites and structures or within a Historic Overlay District and
the application has been authorized for consolidation pursuant to Chapter 26.304, the Historic
Preservation Commission shall consider the special review.
Such special review may be approved, approved with conditions or denied based on
conformance with the following criteria:
a) Conformance with the applicable review standards of Subsection 26.575.130.F.
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b) If the facility or equipment is located on property listed on the Aspen inventory of historic
landmark sites and structures or within any historic district, then the applicable standards
of Chapter 26.415 (Development involving the Aspen inventory of historic landmark sites
and structures or development in an "H," Historic Overlay District) shall apply.
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.
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 plans 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 buildings 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
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 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;
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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 therefore.
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.
10. All companies and providers of wireless telecommunication service facilities and equipment
within the City shall, during their preapplication 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 sixty (60) to two hundred
(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.
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 (RMF, RMFA); and Affordable
Housing/Planned Unit Development (AH-1/PUD).
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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, flagpoles, church
steeples, cupolas, ball field lights, nonornamental/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 this Code.
4. Airports and flight paths. Wireless telecommunication services facilities and equipment shall
not present a hazard to air navigation under Part 77, Federal Aviation, Federal Aviation
Regulations.
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 sites or
limit competition and must allow for the possibility of "co-locating" (sharing of facilities)
with other providers as described in Subsection 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
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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, flagpoles, 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.
8. 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 from graffiti,
debris and litter, those areas of the site which are adjacent to the premises over which he or
she 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
antennas 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
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other regulations; and wherein not otherwise specified, all other requirements of this 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.
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. The following restrictions shall apply:
a) Wireless telecommunication services facilities and/or equipment not attached to a building
shall not exceed thirty-five (35) feet in height or the maximum permissible height of the
given Zone District, whichever is more restrictive.
b) 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 ten (10) feet above the highest portion of that roof,
including parapet walls.
c) The Community Development Director may approve a taller antenna height than
stipulated in b. above if it is his or her determination that it is suitably camouflaged, in
which case an administrative approval may be granted.
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d) If the Community Development Director determines that an antenna taller than stipulated
in b. above cannot be suitably camouflaged, then the additional height of the antenna shall
be reviewed pursuant to the process and standards (in addition to the standards of this
Section) of Chapter 26.430 (Special review).
e) 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 and
26.575.130.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 ridges or
ridge lines; 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.
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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.
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:
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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 numbers to contact in an emergency shall be posted on each facility in
conformance with the provisions of Chapter 26.510, Signs, of this Title.
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 easements for ingress and egress and for electrical and telephone shall be
recorded at the County Clerk and Recorder's Office prior to the issuance of building
permits.
(Ord. No. 1-2002 § 18; Ord. No. 52-2003, §§ 14, 15)
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 Outdoor lighting
A. Intent and purpose. The City has experienced a significant increase in the use of exterior
illumination. City residents value small town character and the qualities associated with this
character, including the ability to view the stars against a dark sky. They recognize that inappropriate
and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their
ability to enjoy the nighttime sky and results in unnecessary use of electric power. It is also
recognized that some exterior lighting is appropriate and necessary.
This Section is intended to help maintain the health, safety and welfare of the residents of Aspen
through regulation of exterior lighting in order to:
a. Promote safety and security;
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b. Help preserve the small town character;
c. Eliminate the escalation of nighttime light pollution;
d. Reduce glaring and offensive light sources;
e. Provide clear guidance to builders and developers;
f. Encourage the use of improved technologies for lighting;
g. Conserve energy; and
h. Prevent inappropriate and poorly designed or installed outdoor lighting.
B. Applicability. The lighting standards of this Section shall be applicable to all outdoor lighting
within the City. Existing outdoor lighting shall be considered legal nonconforming lighting for one
(1) year from the adoption date of this ordinance.
C. Definitions.
a. Fully shielded light: Light fixtures shielded or constructed so that no light rays are directly
emitted by the installed fixture at angles above the horizontal plane as certified by a
photometric test report. The fixture must also be properly installed to effectively down direct
light in order to conform with the definition.
b. Foot-candles: A unit of illumination of a surface that is equal to one lumen per square foot.
For the purposes of these regulations, foot-candles shall be measured at a height of 3 ft. above
finished grade.
c. Fixture height: Height of the fixture shall be the vertical distance from the ground directly
below the centerline of the fixture to the lowest direct light emitting part of the fixture.
d. High intensity discharge light source (HID): Light sources characterized by an arc tube or
discharge capsule that produces light, with typical sources being metal halide, high pressure
sodium and other similar types which are developed in accordance with accepted industry
standards.
e. Point light source: The exact place from which illumination is produced (i.e., a light bulb
filament or discharge capsule).
f. Light trespass: The shining of light produced by a light fixture beyond the boundaries of the
property on which it is located.
D. Lighting plans.
a. An outdoor lighting plan shall be submitted in conjunction with applications for subdivision,
planned development, development within any environmentally sensitive area, special review
application and building permit application for a commercial or multi-family building. Such
lighting plans shall be subject to establishment and approval through the applicable review
processes. Said lighting plan shall show the following:
1) The location and height above grade of light fixtures;
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2) The type (such as incandescent, halogen, high-pressure sodium) and luminous intensity of
each light source;
3) The type of fixture (such as floodlight, full-cutoff, lantern, coach light);
4) Estimates for site illumination resulting from the lighting, as measured in foot-candles,
should include minimum, maximum and average illumination. Comparable examples
already in the community that demonstrate technique, specification and/or light level
should be provided if available to expedite the review process; and
5) Other information deemed necessary by the Community Development Director to
document compliance with the provisions of this Chapter.
b. Single family and duplex building shall be in compliance with the standards of Section
26.575.090.
E. Nonresidential lighting standards. The following lighting standards shall be applicable to all
nonresidential properties including mixed uses:
a. Outdoor lighting used to illuminate parking spaces, driveways, maneuvering areas or
buildings shall conform to the definition for "fully shielded light fixtures" and be designed,
arranged and screened so that the point light source shall not be visible from adjoining lots or
streets. No portion of the bulb or direct lamp image may be visible beyond a distance equal to
or greater than twice the mounting height of the fixture. For example, for a fixture with a
mounting height of twelve (12) feet, no portion of the bulb or direct lamp image may be
visible from twenty-four (24) feet away in any direction. The light level shall not exceed ten
(10) foot-candles as measured three (3) feet above finished grade. Exemptions may be
requested for areas with high commercial, pedestrian or vehicular activity up to a maximum
of twenty (20) foot-candles.
b. Outdoor lighting shall be twelve (12) feet or less in height unless it meets one (1) of the
following criteria:
1) The lighting is fully shielded and the point light source is not visible beyond the
boundaries of the property in which it is located; or
2) The lighting is otherwise approved in Subsection 27.575.150.K, Miscellaneous
Supplemental Regulations, review standards.
c. All light sources which are not fully shielded shall use other than a clear lens material as the
primary lens material to enclose the light bulb so as to minimize glare from that point light
source. Exceptions may be allowed where there is a demonstrated benefit for the community
determined through the exemption process listed in this Section.
d. High Intensity Discharge (HID) light sources are allowed with a maximum wattage of one-
hundred-seventy-five high-pressure sodium (HPS) and one-hundred-seventy-five-watt metal
halide (coated lamp – 3,000 degrees Kelvin). Standards for other HID light sources may be
established by the City for new technology consistent with the above restrictions.
e. Spacing for security and parking lot light fixtures that are pole mounted shall be no less than
seventy-five (75) feet apart. Decorative fixtures (which are also fully shielded) are allowed to
maintain a fifty-foot fixture spacing. Wall mounted fixture spacing for security lighting shall
be no less than fifty (50) feet measured horizontally. Decorative fixtures directed back toward
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a building face shall be exempt from this spacing requirement when shielded and shall not
exceed fifty (50) watts. Decorative fixtures that are not shielded shall maintain a minimum
spacing of twenty-five (25) feet and shall not exceed fifty (50) watts. Where security lighting
is a combination of pole and wall mounted fixtures, there shall be a minimum of seventy-five
(75) feet and a maximum of one-hundred-fifty-foot spacing.
f. Pole mounted fixtures shall be limited to two (2) light sources per pole.
g. Mixed use areas that include residential occupancies shall comply with the residential
standards on those floors or areas that are more than fifty percent (50%) residential based on
square footage of uses.
h. Up-lighting is only permitted if the light distribution from the fixture is effectively contained
by an overhanging architectural or landscaping element. Such elements may include awnings,
dense shrubs or year-round tree canopies, which can functionally contain or limit illumination
of the sky. In these cases the fixture spacing is limited to one (1) fixture per one hundred-
fifty (150) sq. ft. of area (as measured in a horizontal plane) and a total lamp wattage within a
fixture of thirty-five (35) watts.
i. Up-lighting of flags is permitted with a limit of two (2) fixtures per flagpole with a maximum
of one hundred fifty (150) watts each. The fixtures must be shielded such that the point
source is not visible outside of a fifteen-foot radius.
j. Outdoor vending, such as gas stations, requires approval for lighting. Lighting shall not
exceed a maximum of twenty (20) candles under the canopy.
F. Residential lighting standards. The following lighting standards shall be applicable to
residential properties:
a. Outdoor lighting shall be twelve (12) feet or less in height unless it meets one of the following
criteria:
• The lighting is used to illuminate above grade decks or balconies, is fully shielded and the
point light source is not visible beyond the boundaries of the property in which it is
located; or
• The lighting is fully recessed into a roof soffit, fully shielded and is not visible beyond the
boundaries of the property in which it is located; or
• The lighting is otherwise approved in Section 27.575.150.K, Miscellaneous Supplemental
Regulations, review standards.
b. Outdoor lighting with HID light sources in excess of thirty-five (35) watts (bulb or lamp) shall
be prohibited. In addition, incandescent light sources including halogen shall not exceed fifty
(50) watts.
c. All light sources that are not fully shielded shall use material other than a clear lens material
to enclose the light source. The point light source shall not be visible from adjacent
properties.
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d. Landscape lighting is limited to thirty-five (35) watts per fixture per one hundred fifty (150)
square feet of landscaped area (as measured in a horizontal plane).
e. Security lights shall be restricted as follows:
1) The point light source shall not be visible from adjoining lots or streets.
2) Flood lights must be controlled by a switch or preferably a motion sensor activated only
by motion within owners property.
3) Timer controlled floodlights shall be prohibited.
4) Photo cell lights shall be allowed under the following circumstances:
(a) At primary points of entrance (e.g., front entries) or in critical common areas for
commercial and multi-family properties;
(b) Where the light sources are fully shielded by opaque material (i.e., the fixture
illuminates the area but is not itself visibly bright); and
(c) The light source or fluorescent (or compact fluorescent) to eliminate excess electricity
consumption.
5) Lights must be fully shielded, down directed and screened from adjacent properties in a
manner that limits light trespass to one-tenth (.1) of a foot candle as measured at the
property line.
6) Light intensity shall not exceed ten (10) foot-candles measured three (3) feet above
finished grade.
7) No light fixture shall be greater than twelve (12) feet in height. Exceptions are:
(a) Tree mounted fully shielded, downward directed lights using a light of twenty-five
(25) watts or less and
(b) Building mounted flood lights fully shielded, downward directed lights using a light of
fifty (50) watts or less.
(c) Motion sensor lights may be permitted, but only where the sensor is triggered by
motion within the owner's property lines.
(d) Light trespass at property lines should not exceed .1 of a foot-candle as measured at
the brightest point.
G. Reserved.
H. Exemptions. The following types of lighting installations shall be exempt from the provisions,
requirements and review standards of this Section, including those requirements pertaining to Zoning
Officer review.
1. Holiday lighting. Winter holiday lighting which is temporary in nature and which is
illuminated only between and including November 15 and March 1 shall be exempt from the
provisions of this Section, provided that such lighting does not create dangerous glare on
adjacent streets or properties, is maintained in an attractive condition and does not constitute a
fire hazard.
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2. Municipal lighting. Municipal lighting installed for the benefit of public health, safety and
welfare including, but not limited to, traffic control devices, street lights and construction
lighting.
3. Temporary lighting. Any person may submit a written request to the Community
Development Director for a temporary exemption request. If approved, the exemption shall
be valid for not more than fourteen (14) days from the date of issuance of a written and signed
statement of approval. An additional fourteen (14) day temporary exemption may be
approved by the Director. The Director shall have the authority to refer an application for a
temporary exemption to the Planning and Zoning Commission or the Historic Preservation
Commission if deemed appropriate. A temporary exemption request shall contain at least the
following information:
a) Specific exemption or exemptions requested;
b) Type, use and purpose of outdoor lighting fixtures involved;
c) Duration of time requested for exemption;
d) Type of lamp and calculated lumens;
e) Total wattage of lamps;
f) Proposed location on premises of the outdoor light fixtures;
g) Previous temporary exemptions, if any;
h) Physical size of outdoor light fixtures and type of shielding provided; and
i) Such other information as may be required by the Community Development Department
Director.
4. Approved historic lighting fixtures. Nonconforming lighting fixtures which are consistent
with the character of the historic structure or district may be exempted with approval from the
Historic Preservation Officer or Historic Preservation Commission. Approved fixtures shall
be consistent with the architectural period and design style of the structure or district and shall
not exceed fifty (50) watts.
5. Decorative lighting elements, such as shades with perforated patterns and opaque diffusers,
may be exempted from the fully-shielded requirement provided they do not exceed fifty (50)
watts.
6. If a proposed lighting plan or fixtures are proposed that do not meet this Code but that have
demonstrable community benefit, an exemption may be considered. The applicant shall
submit additional information to adequately assess the community benefit for approval by the
Community Development Director.
I. Prohibitions. The following types of exterior lighting sources, fixtures and installations shall be
prohibited in the City of Aspen.
1. Light sources shall not be affixed to the top of a roof or under a roof eave, except where
required by Building Code.
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2. Lighting for the purpose of illuminating a building facade shall be prohibited when such
lighting is mounted to the ground or poles or is mounted on adjoining/adjacent structures.
3. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity and
changing color lights and internally illuminated signs shall be prohibited, except for
temporary holiday displays, lighting for public safety or traffic control or lighting required by
the FAA for air traffic control and warning purposes.
4. Mercury vapor and low-pressure-sodium lighting shall be prohibited due to their poor color
rendering qualities.
5. Linear lighting (including but not limited to neon and fluorescent lighting) primarily intended
as an architectural highlight to attract attention or used as a means of identification or
advertisement shall be prohibited.
6. Unshielded floodlights and timer controlled flood lights shall be prohibited.
7. Lighting directed toward the Roaring Fork River or its tributaries.
8. No outdoor lighting may be used in any manner that could interfere with the safe movement
of motor vehicles on public thoroughfares. The following is prohibited:
a) Any fixed light not designed for roadway illumination that produces direct light or glare
that could be disturbing to the operator of a motor vehicle.
b) Any light that may be confused with or construed as a traffic control device except as
authorized by State, Federal or City government.
9. No beacon or search light shall be installed, illuminated or maintained.
10. Up-lighting is prohibited, except as otherwise provided for in this Section.
J. Nonconforming lighting. Unless otherwise specified within this Ordinance, within one (1) year
of the effective date of this Ordinance, all outdoor lighting fixtures that do not conform to
requirements of this Ordinance must be replaced with conforming fixtures or existing fixtures must
be retrofitted to comply. Violations shall be corrected within sixty (60) days of being cited. Until
that time, all existing outdoor lighting fixtures that do not already comply shall be considered legal
nonconforming fixtures.
K. Review standards.
1. Height. Outdoor residential and commercial lighting shall be twelve (12) feet or less above
grade in height. Special review by the Planning and Zoning Commission may allow lighting
of a greater height under the following circumstances:
a) A fixture at a greater height is required due to safety, building design or extenuating
circumstances in which case the light shall be fully shielded with a nonadjustable
mounting; or
b) Lighting for commercial parking and vehicle circulation areas may have a maximum
height of twenty (20) feet above grade and shall be fully shielded
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2. Foot-candles. Outdoor nonresidential (26.575.070), Sign (26.575.080) and Residential
(26.575.090) Lighting standards shall not exceed the foot-candles designated in their
respective Sections. Special review by the Planning and Zoning Commission may allow
lighting of a greater intensity under the following circumstances:
a) A fixture of a greater light intensity is required due to safety, building design or
extenuating circumstances in which case the light shall be fully shielded with a
nonadjustable mounting; or
b) An architectural or historical feature requires greater illumination, in which case the light
shall be fully shielded with a nonadjustable mounting.
L. Procedures.
1. Administrative review procedures. Lighting plans submitted in conjunction with applications
for subdivision, planned development, development within any environmentally sensitive area
or special review application shall be reviewed by the Planning and Zoning Commission.
2. Lighting plans submitted as a part of a building permit application for a commercial or multi-
family structure shall be reviewed administratively by the Community Development Director.
The Director shall have the authority to refer an application to the Planning and Zoning
Commission or the Historic Preservation Commission if deemed appropriate.
3. Appeals. Any appeals related to decisions regarding outdoor lighting shall be made to the
Board of Adjustment compliant with the procedures in the Appeals Chapter 26.316 of this
Title.
(Ord. No. 47-1999, § 1; Ord. No. 52-2003, §§ 16—20)
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 square footage per person in accordance with the Aspen/Pitkin County Housing
Authority Guidelines, as amended. Standards for use and design of such facilities shall be established
by the Aspen/Pitkin County Housing Authority. A dormitory unit shall be considered the same as a
multi-family unit for all requirements of the Land Use Code other than permitted and conditional
uses.
(Ord. No. 46-2015, § 23)
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 Required Access
This section shall apply to new development and redevelopment, remodeling, or expansion following
demolition. Redevelopment, remodeling, or expansion that has not triggered demolition shall comply
with the provisions of this section to the greatest extent practical.
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A. Elevators. All commercial, mixed-use, and lodging buildings which contain an elevator shall
provide elevator access to all basement and upper building levels, units and commercial tenant spaces
in a manner that meets the requirements of the International Building Code Chapters 10 and 11 as
adopted and amended by the City of Aspen. Alleyways (vehicular rights-of-way) may not be utilized
as pathways (pedestrian rights-of-way) to meet the requirements of the International Building Code.
Additional elevators may be reserved for exclusive use or to serve less than all floors or all units. An
applicant unable to meet these requirements may request a variation by the Planning and Zoning
Commission or Historic Preservation Commission through Commercial Design Review
B. Delivery Areas. All commercial, mixed-use, and lodging buildings shall provide a delivery area.
The delivery area shall be located along the alley if an alley adjoins the property. The delivery area
shall be accessible to all building levels and all commercial tenant spaces of the building in a manner
that meets the requirements of the International Building Code Chapters 10 and 11 as adopted and
amended by the City of Aspen. All non-ground floor commercial spaces shall have access to an
elevator or dumbwaiter for delivery access. Alleyways (vehicular rights-of-way) may not be utilized
as pathways (pedestrian rights-of-way) to meet the requirements of the International Building Code.
Any truck loading facility shall be an integral component of the building. Shared facilities are highly
encouraged. An applicant unable to meet these requirements may request a variation by the Planning
and Zoning Commission or Historic Preservation Commission through Commercial Design Review.
C. Trash and Recycling Areas. All commercial, mixed-use, and lodging buildings shall provide a
trash and recycling area accessible to all building levels, units, and all commercial tenant spaces of
the building in a manner that meets the requirements of the International Building Code Chapters 10
and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights-of-way) may not
be utilized as pathways (pedestrian rights-of-way) to meet the requirements of the International
Building Code. An applicant unable to meet these requirements may request a variation by the
Planning and Zoning Commission or Historic Preservation Commission through Commercial Design
Review. Location and size requirements for trash and recycling areas shall be pursuant to Chapter
12.10 – Space Allotment for Trash and Recycling Storage.
(Editor’s Note: formerly Required delivery area and vestibules for commercial buildings. Section
26.575.060 repealed via Ordinance No. 13 (Series of 2013).)
(Ord. No.7-2013,§ 5; Ord. No.13-2013,§ 11; Ord. No.38-2015,§ 1)
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
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C. It shall be limited to those weeks that fall between the first Saturday in June and the weekend
following the Thanksgiving holiday, inclusive, unless modified by the Planning and Zoning
Commission under its conditional use review.
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.
Sec. 26.575.210 Lodge occupancy auditing
The Community Development Director shall be authorized to require periodic operational audits of
lodge developments to ensure compliance with the Land Use Code and requirements for lodge
operations. This audit may include, but is not limited to:
• City of Aspen business license number;
• an occupancy report of the lodge and individual units therein;
• whether occupants for each unit were owners, owners’ guests, or members of the public;
• whether occupants registered as individuals or a business structure (e.g. Limited Liability
Company);
• an ownership report of all lodge or fractional units, including a report of the names of all
owners of the corporate, company or partnership interests in any entity owning a lodge or
fractional unit.
• the manner in which rooms are reserved by non-owners or owner guests;
• room and unit rate schedules;
• the manner in which short-term occupancies are marketed and managed;
• the origin of bookings, whether through owners, directly, through a third party, or other
means;
• physical aspects of the operation, such as the number of units and pillows in the lodge, the
number of employees employed on site, the number of affordable housing units provided on
site, accessory uses, units and amenities on site and the number of parking spaces provided on
site, and the like;
• the dimensional characteristics of the lodge;
• an inventory of associated uses, properties and amenities on or off-site and made available to
occupants; and,
• any additional conditions of approval or data and characteristics which may indicate the
manner in which the lodge is used.
The Community Development Director may request that information be provided in a specific time
frame, and may request a site inspection as part of the audit. The lodge audit shall be in the format
determined by the Director. Property owners may request that certain information, such as marketing
strategies or rate schedules, be held in confidence by the City.
(Ord. No. 12, 2007, §37; Ord. 23, 2017, §19)
Sec. 26.575.220 Vacation rentals
A. Intent and purpose. The purpose of this section is to establish the procedures and standards by
which Vacation Rentals (See § 26.104.100, Definitions), of residential units are permitted within the
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City on a short term basis. It is the City’s intent to establish Vacation Rental regulations that promote
a mix of lodging options that support the City of Aspen’s tourism base and local economy; that
uphold the health, safety and welfare of the public; and, that protect long term residential
neighborhoods by ensuring that the impacts of Vacation Rentals do not adversely affect the residents
and the character of residential areas.
B. Prohibitions.
1. It shall be unlawful for any person, whether a principal or agent, clerk or employee, either for
him or herself, or for any other person or for anybody, corporation or otherwise, to lease or
operate a Vacation Rental without first obtaining a Vacation Rental Permit in accordance with
the provisions of this Section or operating same in violation of the standards set forth herein.
2. This section shall not apply to leases or other rental arrangements in Lodges, Timeshare
Lodges, Bed and Breakfasts and Hotels. (See Section 26.104.100, Definitions, for definitions
of these terms.)
3. A Vacation Rental is not permitted to rent individual rooms within a residential dwelling unit.
4. It shall be unlawful for any person, whether a principal or agent, clerk or employee, either for
him or herself, or for any other person or for anybody, corporation or otherwise, to lease or
operate a Vacation Rental in a Bandit Unit.
C. Vacation Rental Period. A dwelling unit may be rented or leased for a short term period, which
is defined as a length of time that is equal to or less than thirty (30) consecutive days without
limitation in the following zone districts: Lodging Zone Districts, Commercial Zone Districts, Mixed
Use Zone Districts, and Residential Zone Districts.
D. Vacation Rental Standards. The following standards shall be applicable to Vacation Rentals.
1. Homeowners’ Association Notification. In the event that a proposed Vacation Rental is part
of a common interest community and there is a Homeowners’ Association, a letter shall be
submitted to the Homeowners’ Association providing notification of an application for a
Vacation Rental Permit.
2. Business License. Any person who owns or represents one or more Vacation Rentals shall
obtain an annual City of Aspen business license pursuant to Chapter 14.08, Business Licenses,
of the Municipal Code. If an individual or business entity acts as a designated representative
of one or more Vacation Rentals, only one business license shall be required. However, each
residential unit shall obtain a Vacation Rental Permit.
3. Local owner representative. The owner of a Vacation Rental, if residing in the Roaring Fork
Valley or a designated representative of the owner residing within the Roaring Fork Valley,
shall be on call to manage the Vacation Rental during any period within which the Vacation
Rental is occupied. The name, phone number and address of the local owner or the local
owner representative shall be provided to the Community Development Department at time of
application for a Vacation Rental Permit. It is recommended, but not required, that a sign
identifying the representative’s name and number be posted on the property pursuant to
Section 26.510.030.B.17 Property Management/Timeshare identification signs. It is the
City of Aspen Land Use Code
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responsibility of the owner representative to inform Vacation Rental occupants about all
relevant City of Aspen ordinances including, but not limited to parking, trash and noise. It is
the responsibility of the owner to notify the City if there is a change in local owner
representative within a reasonable timeframe.
4. Lodging and sales taxes. Vacation Rentals shall be subject to all taxpayer responsibilities set
forth at Chapter 23.08, Taxpayer’s Responsibilities, particularly the responsibility to collect
and to remit all applicable sales and lodging taxes.
E. Vacation Rental Permits.
1. Applications. Applications for a Vacation Rental Permit shall be submitted to the Community
Development Department. A Vacation Rental Permit may be obtained by an authorized
representative of the property owner. The application for a Vacation Rental Permit shall
contain the following:
a. If applicable, confirmation that notice was provided to the Home Owner’s Association.
b. A City of Aspen business license or application.
c. The name, phone number and address of the owner or local owner representative.
2. Annual permit renewal. A new application for a Vacation Rental Permit shall be submitted
each calendar year in accordance with the application requirements listed in Section
26.575.220(E)(1).
3. Exceptions for Multi-family dwelling units. Multi-family dwelling units within the same
complex have the option to submit a consolidated Vacation Rental Permit application for
multiple units managed by one local owner representative. If multi-family dwelling units use
different owner representatives, separate applications shall be required.
F. Review Standards. The Community Development Department shall review applications for
Vacation Rental Permits for conformance with the review standards listed below. A license may issue
upon a determination of the following by the Community Development Department:
1. Compliance with the Vacation Rental Standards set forth in Section 26.575.220(D).
2. A completed application containing the information described in Section 26.575.220(E).
G. Enforcement. Any person violating any provision of this Section 26.575.220 shall be subject to
the penalty provisions of Section 26.104.040, Applicability and penalty, In addition, any Vacation
Rental in violation of this Section 26.575.220, Vacation Rentals, shall be subject to a revocation of
the Vacation Rental Permit as set forth herein.
H. Denial and Revocation. Whenever the Community Development Director has cause to believe
that any holder of a Vacation Rental Permit is engaging, or is engaged, in any activity such as to
preclude the issuance of a permit applied for or to warrant revocation of any permit presently held, he
or she shall conduct a hearing to determine if such action shall be taken. The applicant or licensee
affected shall be given adequate notice of any such hearing and be given a full opportunity to be
heard and an opportunity to cure prior to denial or revocation of a Vacation Rental Permit.
City of Aspen Land Use Code
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I. Appeal. An applicant or licensee aggrieved by a determination made by the Community
Development Department denying or revoking a Vacation Rental Permit may appeal to the City’s
Administrative Hearing Officer in accordance with the procedures established by Chapter 26.316,
Appeal Procedures.
(Ord. No.34-2011, §2)
City of Aspen Land Use Code
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Chapter 26.580
ENGINEERING DEPARTMENT REGULATIONS
This Chapter was repealed via Ordinance No. 42 (Series 2013)
City of Aspen Land Use Code
Part 500 – Timeshare
Page 1
Chapter 26.590
TIMESHARE DEVELOPMENT
Sections:
26.590.010 Purpose and intent
26.590.020 Applicability
26.590.030 Prohibitions
26.590.040 Procedure for review
26.590.050 Timeshare Review Standards
26.590.060 Application Contents
26.590.070 Timeshare documents
26.590.080 Amendments
26.590.090 Appeals
Editor's note—Ord. No. 21-2002 § 1 repealed former Chapter 26.590, which pertained to similar
provisions and enacted a new Chapter 26.590 as herein set out. Former Chapter 26.590 was derived
from Ord. No. 5-1988 § 2 as amended by Ord. Nos. 55-2000 § 17 and 51-2001 § 2.
26.590.010 Purpose and intent
The purpose of this Chapter is to establish the procedures and standards by which timeshare
development may be permitted within the City. It is the City's intent to establish timeshare
regulations that provide for the protection of the character of Aspen as a resort community and that
help to promote increased tourism and vitality within the City, while also preserving community
character.
(Ord. No. 21-2002 § 1 [part]; Ord. No. 36-2015 § 5)
26.590.020 Applicability
The requirements of this Chapter shall apply to the division of a development, building, lodge unit, or
dwelling unit into time-span estates. These requirements shall be in addition to all other applicable
requirements set forth in this Title 26 and those set forth in the Colorado Statutes.
A. Types of timeshare development. There are two types of timeshare development that may be
permitted within the City, as follows:
1. Timeshare lodge. This is the basic form of timesharing permitted in Aspen, and applies to
any application to convert lodge units or multi-family residential dwelling units to
timesharing or to develop new units for timesharing. Timeshare lodge development is
permitted where established prior to adoption of Ordinance 36, Series 2015, and in all zone
districts that permit lodging as a use.
2. Timeshare residence. This is a more limited type of timesharing permitted in Aspen. The
only units eligible are single-family dwelling units, or condominiumized duplex dwelling
units. This form of timesharing is permitted in the Lodge (L) and the Ski Area Base (SKI)
Zone Districts.
(Ord. No. 21-2002 § 1 [part]; Ord. No. 36-2015 § 5)
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26.590.030 Prohibitions
The owner of a time-span estate in a timeshare lodge development shall not be permitted to occupy
that estate for any period in excess of thirty (30) consecutive calendar days or ninety (90) days within
a calendar year. Occupancy periods for a person with no ownership interest shall not exceed ninety
(90) days within a calendar year. Exchanges are not considered an ownership interest occupancy.
The owner of a time-span estate in a timeshare residence shall not have an occupancy limitation.
(Ord. No. 21-2002 § 1 [part]; Ord. No. 36-2013, §13; Ord. No. 36-2015 § 5)
26.590.040. Procedure for review
An application to establish or amend a timeshare lodge or timeshare residence shall be reviewed
pursuant to the procedures and standards in this Chapter and the Common Development Review
Procedures set forth at Chapter 26.304.
A. Administrative Review. The Community Development Director shall approve, approve with
conditions, or deny the application based on the standards of review in Section 26.590.050(A),
General Review Standards.
B. Variations. The Planning & Zoning Commission, during a duly noticed public hearing, shall
review a recommendation from the Community Development Director and shall approve, approve
with conditions, or deny an application for variation in a timeshare development based on the
standards of review in Section 26.590.050(B), Timeshare Variations Standards. This requires a one-
step review process as follows:
Step One – Public Hearing before Planning & Zoning Commission
1. Purpose: To determine if the application meets the standards for Timeshare Variation
approval.
2. Process: The Planning & Zoning Commission shall approve, approve with conditions, or
deny the application after considering the recommendation of the Community Development
Director and comments and testimony from the public at a duly noticed public hearing.
3. Standards of review: The proposed timeshare shall comply with the review standards of
Section 26.590.050.
4. Form of decision: Planning & Zoning Commission decision shall be by resolution.
5. Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3, and the requirements of Section 26.304.035 – Neighborhood Outreach.
C. Associated Reviews. Unless waived by the Community Development Director, after consultation
with the applicant, an application for a variation from the timeshare standards shall be combined with
development applications for all other associated land use reviews, pursuant to Section
26.304.050(B)(1), Combined Reviews. The Community Development Director shall inform the
City of Aspen Land Use Code
Part 500 – Timeshare
Page 3
applicant during the pre-application conference if combining associated reviews shall be required and
if any redundant submission requirements may be waived.
Whenever a proposed timeshare lodge or timeshare residence development or is subject to review
under the City's Growth Management Quota System (Chapter 26.470), the development shall be
considered to be a "Tourist Accommodation" or a "Lodge" under that system.
(Ord. No. 21-2002 § 1 [part]; Ord. No. 36-2013, §14; Ord. No. 36-2015 § 5)
26.590.050. Timeshare review standards
A. General Standards. All timeshare lodge development shall comply with the following review
standards. A timeshare residence development shall comply with standards 2 through 7.
1. Onsite reception. Onsite reception area is required for all timeshare development in a multi-
family building, a mixed use building, or a lodge building.
2. Management plan. A property management plan shall be submitted for a multi-family
building, a mixed use building, or a lodge building. Detached and duplex dwelling units shall
comply with Section 26.575.220.D.3, Vacation Rental Standards, and provide a local owner
representative. A fair procedure shall be established for the estate owners to review and
approve any fee increases which may be made throughout the life of the timeshare
development, to provide assurance and protection to timeshare owners that
management/assessment fees will be applied and used appropriately. The applicant shall also
demonstrate that there will be a reserve fund to ensure that the proposed timeshare
development will be properly maintained throughout its lifetime.
3. Rental by the public. Timeshare estates shall be made available for short term rental to the
general public when not in use by the owner or owner’s guests. The covenants of the
homeowners association shall permit rental of units to the general public.
4. Minimum number of estates per unit. A maximum of 6 estates per unit are created per
dwelling unit for a timeshare residence development. A minimum of 6 estates are created per
lodge unit for a timeshare lodge development.
5. Complex-wide requirement. All residential units within a multi-family building, mixed use
building, or a duplex building shall be developed as timeshare estates.
6. Physical upgrades. Any existing project that is proposed to be converted to a timeshare
development shall be upgraded and improved to meet current Building Code requirements,
which includes at a minimum the physical upgrades necessary to comply with current
Americans with Disabilities Act (ADA) requirements. An inspection by the Chief Building
Official shall be required.
7. Parking requirements. The parking requirement for timeshare lodge development shall be
calculated by applying the parking standard for the underlying zone district for lodge uses.
The parking requirement shall be calculated based on the maximum number of proposed lock
off rooms, or keys, in the development. The parking requirement for timeshare residential
development shall be calculated by applying the parking standard for the underlying zone
City of Aspen Land Use Code
Part 500 – Timeshare
Page 4
district for the applicable residential use. The owner of a timeshare estate shall be prohibited
from storing a vehicle in a parking space on-site when the owner is not using that estate.
8. Affordable housing requirements. Whenever a timeshare lodge development is required to
provide affordable housing, mitigation for the development shall be calculated by applying
the standards for lodge uses. The conversion of any multi-family dwelling unit that meets the
definition of residential multi-family housing to timesharing shall comply with the provisions
of Section 26.470.070(5), Demolition or redevelopment of multi-family housing, even when
there is no demolition of the existing multi-family dwelling unit. No other Growth
Management Reviews shall be required.
9. CC Timeshare Lodges. A timeshare lodge in the Commercial Core (CC) Zone District shall
not have any lodge rooms located on the ground floor. Instead, a timeshare lodge in the CC
Zone District shall contain at least one of the following elements: publically accessible bar,
restaurant or retail facilities. The elements provided shall be located along the street front,
shall be accessible from the street and shall be designed to serve the public, not just the
occupants of the timeshare lodge.
B. Timeshare Variations Standards.
Only variations to standards 1 (Onsite reception), 5 (complex-wide requirement), 6 (Physical
upgrades), and 7 (Parking requirements) outlined above in Section 26.590.050(A) is permitted. An
applicant requesting a variation shall demonstrate that the provision requested to be varied is not
applicable to the proposed development or cannot be met and shall demonstrate that the proposed
variation is reasonable, would not be contrary to the public interest and better implements the purpose
and intent of these timeshare regulations than the codified requirement. The applicant must
demonstrate that the proposed variation will result in a successful short-term rental product. The
following characteristics shall be considered in meeting this standard. A project need not meet all of
the following characteristics:
1. The development contains a sufficient level of on- or off-site recreational facilities (such as
exercise equipment, a pool or spa or similar facilities) and other amenities (such as a lobby,
meeting spaces and similar facilities) to serve the occupants, or provides such amenities
through off-site method such as gym privileges at local work-out facilities. The extent of the
facilities provided should be proportional to the size of the development. The types of
facilities should be consistent with the planned method and style of operating the
development.
2. The project includes commercial operations, or services available to the general community.
3. The timeshare units will use a standard palate of décor that has been established for the
property.
4. The proposal maximizes the potential for short-term occupancies through design and
operational characteristics, for instance by isolating larger residential units from high activity
uses.
5. The proposal provides lock-off configurations to enable flexible unit configurations that may
be attractive to a broader segment of guests.
City of Aspen Land Use Code
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6. The application shall demonstrate how the operation provides short-term occupancies to the
general public. The City may require an annual audit to ensure operation provides
accommodations to the general public and is not operating as a private residence, pursuant to
Section 26.575.210, Lodge occupancy auditing.
7. Nightly rental rates are standardized and established by a Management Company rather than
individual owners.
8. The management and marketing plan provides for a standard management and marketing
strategy, either through Stay Aspen Snowmass, or other entity.
9. Any changes to Section 26.590.050(A)(7), Parking requirements, shall meet the requirements
of Chapter 26.515, Off-Street Parking.
(Ord. No. 21-2002 § 1 [part]; Ord. No. 36-2013, §15; Ord. No. 36-2015 § 5)
26.590.060. Application contents
In addition to the general application information required in Section 26.304.030, the application for
timeshare lodge development shall include the following information.
A. Review criteria. A written response to each of the review criteria in Section 26.590.050.
B. Timeshare use plan: A detailed description of the basic elements of the proposed timeshare use
plan. The use plan shall describe the number of estates being created in each unit, the total number of
estates to be created, the expected price for each estate and whether a purchaser is buying a specific
unit for a specific time, a specific unit for a floating time or whether there is no specific unit but just a
specific time. It shall also describe whether owners will be able to participate in an exchange
program and if so, in which programs they will be eligible to participate.
C. Management plan. A plan for how the timeshare development will be managed, describing
whether the applicant will manage the project or if it will be managed by a management company, a
branded company or other entity and describing how the project will be operated. Single family and
duplex buildings choosing to convert to a timeshare residence are required to submit documentation
of a local owner’s representative in compliance with Section 26.575.220(D)(3), Vacation Rental
Standards.
D. Developer's registration. A copy of the Developer's registration with the Colorado Real Estate
Commission. If the Developer has not so registered at the time of submission of the application, then
this information shall be submitted at the time the timeshare documents are submitted for recordation,
pursuant to Section 26.590.090 of this Code.
E. Architectural drawings. Floor plans and elevations for the existing and proposed development.
A depiction of the on-site reception areas, as applicable, is required. Any physical upgrades proposed
to meet current building codes, as applicable, is required.
(Ord. No. 21-2002 § 1 [part]; Ord. No. 36-2015 § 5)
City of Aspen Land Use Code
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Page 6
26.590.070 Timeshare documents
A timeshare development agreement shall be reviewed and recorded in the office of the Pitkin
County Clerk and Recorder, pursuant to Chapter 26.490, Approval Documents. In addition to the
requirements of Chapter 26.490, as applicable, the development agreement shall include the
following:
1. A statement that the proposed development will comply with all applicable requirements of
Title 12, Article 61, C.R.S. Upon request from the City, the applicant shall provide a copy of
the documents submitted to the State for the registration and certification of the timeshare
developer.
2. Requirement that a homeowners association be established. Responsibility for maintenance of
the development shall reside with the association.
3. A statement ensuring the timeshare estates shall be made available for short term rental to the
general public when not in use by the owner or owner’s guests, including a description of the
protocol for member reservations. The statement shall acknowledge that the public rental
requirement is subject to occasional compliance audits by the City of Aspen.
4. A stipulation by the owner of the timeshare interest irrevocably designating the homeowners
association as an agent for the service of legal notices for any legal action, proceed 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).
5. Instruments for the interval estate or time span estate including:
a) The legal description, street address or other description sufficient to identify the property.
b) Identification of timeshare time periods by letter, name, number or combination thereof.
c) Identification of the timeshare estate and the method whereby additional timeshare estates
may be created.
d) The formula, fraction or percentage of the common expenses and any voting rights
assigned to each timeshare estate.
e) Any restrictions on the use, occupancy, alteration or alienation of timeshare units.
(Ord. No. 21-2002 § 1 (part), 2002; Ord. No. 13-2005, § 5; Ord. No. 36-2013, §16; Ord. No. 36-2015
§ 5)
26.590.080 Amendments
Amendments shall be processed pursuant to Section 26.590.040, Procedures for review.
(Ord. No. 21-2002 § 1 (part), 2002; Ord. No. 36-2015 § 5)
City of Aspen Land Use Code
Part 500 – Timeshare
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26.590.090. Appeals
An applicant aggrieved by a decision made by the Community Development Director or Planning
and Zoning Commission regarding administration of this Chapter may appeal the decision to the City
Council, pursuant to Chapter 26.316.
(Ord. No. 21-2002 § 1 (part), 2002; Ord. No. 36 -2013, § 17; Ord. No. 36-2015 § 5)