HomeMy WebLinkAboutFile Documents.210 W Main St.0056.2019 (89).ARBKCity of Aspen Land Use Code
Part 700, Table of Contents
Chapter 26.710
LAND USE REGULATIONS
PART 700 — ZONE DISTRICTS
Sections:
26.710.010 General purpose
26.710.020 Zone Districts established
26.710.022 Zoning of lands containing more than one underlying Zone District
26.710.024 Zoning of vacated areas
26.710.030 Official Zone District Map
26.710.040 Medium-Density Residential (R-6)
26.710.050 Moderate-Density Residential (R-15)
26.710.060 Moderate-Density Residential (R-15A)
26.710.070 Moderate-Density Residential (R-15B)
26.710.080 Low-Density Residential (R-30)
26.710.090 Residential Multi-Family (RMF)
26.710.100 Residential Multi-Family-A (RMFA)
26.710.110 Affordable Housing/Planned Development (AH/PD)
26.710.120 High Density Residential (R-3)
26.710.130 Rural Residential (RR)
26.710.140 Commercial Core (CC)
26.710.150 Commercial (C-1)
26.710.160 Service/Commercial/Industrial (S/C/I)
26.710.170 Neighborhood Commercial (NC)
26.710.180 Mixed Use (MU)
26.710.190 Lodge (L)
26.710.200 Commercial Lodge (CL)
26.710.220 Conservation (C)
26.710.230 Academic (A)
26.710.240 Park (P)
26.710.250 Public (PUB)
26.710.260 Open Space (OS)
26.710.270 Wildlife Preservation (WP)
26.710.280 Transportation Overlay (T) Zone District
26.710.290 Drainage Overlay (D) Zone District
26.710.300 Golf Course Support Overlay (GCS) Zone District
26.710.310 Lodge Overlay (LO) Zone District
26.710.320 Lodge Preservation Overlay (LP) Zone District
26.710.330 Ski Area Base (SKI)
26.710.340 Essential Business Overlay
City of Aspen Land Use Code
Part 700, General Purpose
Page 1
26.710.010 General purpose.
In order to ensure that all development is consistent with the goals and objectives of the Aspen
Area Community Plan and this Title, it is necessary and proper to establish a series of Zone
Districts to ensure that each permitted and conditional use is compatible with surrounding land
uses, is served by adequate public facilities and is consistent with the environmental sensitivity
of the City and its surrounding area's natural resources. All development within each Zone
District shall be consistent with the purposes stated for that Zone District in this Chapter. Any
use which is not specifically listed in this Chapter as a permitted or conditional use in a Zone
District shall be considered prohibited, unless otherwise interpreted by the Community
Development Director pursuant to Chapter 26.306.
26.710.020 Zone Districts established.
The City is hereby divided in several zones, known and designated as detailed in this Chapter,
to serve the purposes stated above and in each Section of this Chapter describing the individual
Zone Districts.
26.710.022 Zoning of lands containing more than one underlying Zone District.
Whenever any parcel of land shall contain more than one underlying Zone District, the
following rules shall apply:
A. Proposed use not allowed in all Zone Districts. When a parcel of land contains more
than one underlying Zone District and the proposed use is not allowed in all of the respective
Zone Districts, then:
a. The use can only be developed on land in which it is a permitted or a conditional use.
b. The external floor area and density which shall apply to the use shall be calculated based
only on the land area of the Zone District in which the use is a permitted or conditional
use. The off-street parking requirements and other dimensional requirements which
shall apply to the use shall be those of the Zone District in which the use is a permitted
or conditional use, but shall be calculated on the basis of the land area and development
of the entire parcel.
B. Proposed use allowed in all Zone Districts. When a parcel of land contains more than
one underlying Zone District and the proposed use is allowed in all of the respective Zone
Districts, then:
a. The use shall be developed by comparing each dimensional and parking requirement of
the respective Zone Districts and applying the more restrictive of each requirement.
These requirements shall, however, be calculated based on the land area and
development of the entire parcel.
b. The only exception shall be when the area of the parcel which is designated with the
Zone District which permits the higher density constitutes more than seventy-five
percent (75%) of the entire land area of the parcel. In this case, the use shall be
developed using the dimensional requirements and off-street parking requirements of
City of Aspen Land Use Code
Part 700, General Purpose
Page 2
the Zone District permitting the higher density, which shall be calculated on the basis
of the land area and development of the entire parcel.
26.710.024 Zoning of vacated areas.
Whenever any street, alley or other public way within the City is vacated by the City Council,
the land on which the street, alley or public way is located shall become a part of the Zone
District of the lands adjoining such street, alley or public way. Those lands shall then become
subject to the regulations that apply to that Zone District. In determining land available for
development, however, vacated lands shall be excluded from the calculation of allowable floor
area, density or required open space.
26.710.030 Official Zone District Map.
A. Establishment of Zone District map. The location and boundaries of the Zone
Districts established in this Title shall be set forth on the Official Zone District Map of the City
which is incorporated herein by reference into this Title as if fully described and set forth herein.
A copy of the official Zone District map shall be located in the office of the Community
Development Department at all times for inspection by the general public during regular
business hours. The official Zone District map shall be the final authority as to the current
zoning of land in the City.
B. Amendment to Zone District map. If pursuant to the terms of this Title, amendments
are made to the boundaries of the official Zone District map, such amendments shall be entered
on the official Zone District map promptly after amendment.
City of Aspen Land Use Code
Part 700, R-6 zone
Page 1
26.710.040 Medium-Density Residential (R-6).
A. Purpose. The purpose of the Medium-Density Residential (R-6) Zone District is to
provide areas for long-term residential purposes, short term vacation rentals, and customary
accessory uses. Recreational and institutional uses customarily found in proximity to
residential uses are included as conditional uses. Lands in the Medium-Density Residential (R-
6) Zone District are generally limited to the original Aspen Townsite, contain relatively dense
settlements of predominantly detached and duplex residences and are within walking distance
of the center of the City.
B. Permitted uses. The following uses are permitted as of right in the Medium-Density
Residential (R-6) Zone District:
1. Detached residential dwelling.
2. Duplex.
3. Two (2) detached residential dwellings.
4. Home occupations.
5. Accessory buildings and uses.
6. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520.
7. Vacation rentals. Pursuant to Section 26.575.220
C. Conditional uses. The following uses are permitted as conditional uses in the Medium-
Density Residential (R-6) Zone District, subject to the standards and procedures established in
Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Recreational uses.
4. Group home.
5. Child care center.
6. For historic landmark properties: bed and breakfast and boardinghouse.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Medium-Density Residential (R-6) Zone District:
1. Minimum Gross Lot Area (square feet): six thousand (6,000) square feet. For lots
created by Section 26.480.030.A.4, Historic landmark lot split: Three thousand (3,000).
2. Minimum Net Lot Area per dwelling unit (square feet):
City of Aspen Land Use Code
Part 700, R-6 zone
Page 2
a. Detached residential dwelling: 4,500. For Historic Landmark Properties: 3,000.
b. Duplex: 4,500. For Historic Landmark Properties: 3,000. For properties
subdivided as of April 28, 1975: 4,000. For properties annexed subsequent to
January 1, 1989: 3,750.
c. Bed and breakfast, boardinghouse: No requirement.
1. Minimum lot width (feet): Sixty (60). For lots created by Section 26.480.030.A.4,
Historic Landmark Lot Split: Thirty (30).
2. Minimum front yard (feet): Principal buildings: 10. Accessory buildings: 15.
3. Minimum rear yard (feet): Principal buildings: 10. For the portion of a principal
building used solely as a garage: 5. Accessory buildings: 5.
4. Minimum side yard:
Gross Lot Area
(Square Feet)
Minimum
Size for Each
Side Yard
Total of Both Side Yards*
0—4,500 5 feet 10 feet
4,500—6,000 5 feet 10 feet, plus 1 foot for each additional
300 square feet of Gross Lot Area, to a
maximum of 15 feet of total side yard
6,000—8,000 5 feet 15 feet, plus 1 foot for each additional
200 square feet of Gross Lot Area, to a
maximum of 25 feet of total side yard
8,000—10,000 10 feet 25 feet, plus 1 foot for each additional
200 square feet of Gross Lot Area, to a
maximum of 35 feet of total side yard.
10,000+ 15 feet 35 feet, plus 1 foot for each additional
400 square feet of Gross Lot Area, to a
maximum of 50 feet of total side yard.
City of Aspen Land Use Code
Part 700, R-6 zone
Page 3
The following requirements shall apply on a lot annexed subsequent to January 1, 1989.
Gross Lot
Area
(Square
Feet)
Minimum
Size for
Each Side
Yard
Total of Both Side Yards*
0—7,500 10 feet 20 feet
7,500—
10,000
10 feet 20 feet, plus 1 foot for each additional 200
square feet of Gross Lot Area, to a maximum of
32.5 feet of total side yard
10,000+ 15 feet 32.5 feet, plus 1 foot for each additional 400
square feet of Gross Lot Area, to a maximum of
50 feet of total side yard
* Two detached residential dwellings located on one lot shall not be subject to the
combined side yard setback requirements, provided that the minimum setback between
the two detached dwellings on the lot shall be ten (10) feet.
For purposes of calculating the minimum side yard setback for lots within the Hallam
Lake Bluff environmentally sensitive area (ESA), the area below the top of slope shall be
subtracted from lot size.
7. Maximum site coverage:
Gross Lot Area (Square Feet) Maximum Site Coverage (%)
0 -5,999 No limitation
6,000 – 9,000 50%, minus 1% for each additional 300
square feet of Gross Lot Area, to a
maximum site coverage of 40%
9,000 – 12,000 40%, minus 1% for each additional 300
square feet of Gross Lot Area, to a
maximum site coverage of 30%
12,000 – 18,000 30%, minus 1% for each additional
1,200 square feet of Gross Lot Area, to a
maximum site coverage of 25
18,000 + 25%
8. Maximum height (feet): 25
9. Minimum distance between detached buildings on the lot (feet): 5 feet.
10. Percent of open space required for building site: No requirement.
11. Floor area ratio (applies to conforming and nonconforming lots of record):
City of Aspen Land Use Code
Part 700, R-6 zone
Page 4
Net Lot Area (Square
Feet) Allowable Floor Area
for Single-Family
Residence*
Allowable Floor Area
for Two Detached
Dwellings or One
Duplex*
0—3,000 80 square feet of floor
area for each 100 square
fee in Net Lot Area, up to
a maximum of 2,400
square feet of floor area
90 square feet of floor
area for each 100 square
feet in Net Lot Area , up
to a maximum of 2,700
square feet of floor area
3,000—6,000 2,400 square feet of floor
area, plus 28 square feet
of floor area for each
additional 100 square feet
in Net Lot Area , up to a
maximum of 3,240 square
feet of floor area
2,700 square feet of floor
area, plus 30 square feet
of floor area for each
additional 100 square
feet in Net Lot Area , up
to a maximum of 3,600
square feet of floor area
6,000—9,000 3,240 square feet of floor
area, plus 14 square feet
of floor area for each
additional 100 square feet
in Net Lot Area , up to a
maximum of 3,660 square
feet of floor area
3,600 square feet of floor
area, plus 16 square feet
of floor area for each
additional 100 square
feet in Net Lot Area , up
to a maximum of 4,080
square feet of floor area
9,000—15,000 3,660 square feet of floor
area, plus 6 square feet of
floor area for each
additional 100 square feet
in Net Lot Area , up to a
maximum of 4,020 square
feet of floor area
4,080 square feet of floor
area, plus 6 square feet of
floor area for each
additional 100 square
feet in Net Lot Area , up
to a maximum of 4,440
square feet of floor area
15,000—50,000 4,020 square feet of floor
area, plus 5 square feet of
floor area for each
additional 100 square feet
in Net Lot Area , up to a
maximum of 5,770 square
feet of floor area.
4,440 square feet of floor
area, plus 5 square feet of
floor area for each
additional 100 square
feet in Net Lot Area , up
to a maximum of 6,190
square feet of floor area
50,000+ 5,770 square feet of floor
area, plus 2 square feet of
floor area for each
additional 100 square feet
in Net Lot Area.
6,190 square feet of floor
area, plus 3 square feet of
floor area for each
additional 100 square
feet in Net Lot Area
*Total external floor area for multiple detached residential dwellings on one (1) lot shall not
exceed the floor area allowed for one (1) duplex. Total external floor area for multiple
City of Aspen Land Use Code
Part 700, R-6 zone
Page 5
detached residential dwellings on a lot less than nine thousand (9,000) square feet listed on
the inventory of historic landmark sites and structures shall not exceed the floor area allowed
for one (1) detached residential dwelling.
a. Each City of Aspen Historic Transferable Development Right certificate
extinguished, pursuant to Section 26.535, Transferable Development Rights, shall
allow an additional two hundred and fifty (250) square feet of Floor Area. Each
residence on the parcel, excluding accessory dwelling units and carriage houses,
shall be eligible for one (1) floor area increase in exchange for the extinguishment
of one (1) historic TDR. Properties listed on the inventory of historic sites and
structures shall not be eligible for this Floor Area increase. Non-conforming uses
and structures shall not be eligible for this Floor Area increase. No more than one
(1) floor area increase shall be allowed per residence, with the following exceptions:
b. Non-historic properties with a net lot area of 9,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
c. Properties within the same subdivision or planned development as a sending site
may be specified as eligible for up to two (2) floor area increases per residence
pursuant to the subdivision or planned development approval. The properties to be
specified as eligible for up to two (2) floor area increases per residence shall be
located within the same subdivision or planned development so as to enhance
preservation of the historic resource, considering a recommendation from the
Historic Preservation Commission, shall not be located adjacent to the sending site
and shall be described and depicted in the subdivision or planned development
approvals granted by City Council. The total number of floor area increases
permitted within the subdivision or planned development shall not exceed an
aggregate total of one (1) per non-historic residence within the entire subdivision or
planned development.
(Ord. No. 56-2000, §§ 1, 7 [part], 10; Ord. No. 25-2001, §§ 1, 5 [part]; Ord. No. 1-2002, § 20
[part]; Ord. No. 54-2003, § 6; Ord. No. 48-2004, § 1; Ord. No. 50-2005, § 1; Ord. No. 27-
2010, §4; Ord. No. 34-2011, §3; Ord. No. 33-2014, §2)
City of Aspen Land Use Code
Part 700, R-15 zone
Page 1
26.710.050 Moderate-Density Residential (R-15).
A. Purpose. The purpose of the Moderate-Density Residential (R-15) Zone District is to
provide areas for long-term residential purposes, short term vacation rentals, and customary
accessory uses. Recreational and institutional uses customarily found in proximity to
residential uses are included as conditional uses. Lands in the Moderate-Density Residential
(R-15) Zone District typically consist of additions to the Aspen Townsite and subdivisions on
the periphery of the City. Lands within the Townsite which border Aspen Mountain are also
included in the Moderate-Density Residential (R-15) Zone District.
B. Permitted uses. The following uses are permitted as of right in the Moderate-Density
Residential (R-15) Zone District.
1. Detached residential dwelling.
2. Duplex.
3. Two detached residential dwellings.
4. Home occupations.
5. Accessory buildings and uses.
6. Accessory dwelling units and carriage houses meeting the provisions of section
26.520.040
7. Vacation rentals. Pursuant to Section 26.575.220.
C. Conditional uses. The following uses are permitted as conditional uses in the
Moderate-Density Residential (R-15) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Agricultural uses.
4. Recreational uses.
5. Group home.
6. Child care center.
7. For historic landmark properties: bed and breakfast and boardinghouse.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15) Zone District.
1. Minimum Gross Lot Area (square feet): fifteen thousand (15,000). For lots created by
Section 26.480.030.A.4, Historic landmark lot split: three thousand (3,000).
2. Minimum Net Lot Area per dwelling unit (square feet):
City of Aspen Land Use Code
Part 700, R-15 zone
Page 2
a. Detached residential dwelling: 15,000. For historic landmark properties: 3,000.
b. Duplex: 7,500. For historic landmark properties: 3,000.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): Seventy-five (75). For lots created by Section
26.480.030.A.4, Historic landmark lot split: Thirty (30).
4. Minimum front yard setback (feet):
a. Residential dwellings: twenty-five (25).
b. Accessory buildings and all other buildings: thirty (30).
5. Minimum side yard setback (feet): Ten (10).
6. Minimum rear yard setback (feet):
a. Principal buildings: 10
b. Accessory buildings: 5
7. Maximum height (feet): Twenty-five (25).
8. Minimum distance between detached buildings on the lot (feet): Ten (10).
9. Percent of open space required for building site: No requirement.
10. External floor area ratio (applies to conforming and nonconforming lots of record):
City of Aspen Land Use Code
Part 700, R-15 zone
Page 3
Net Lot
Area
(Square
Feet)
Allowable Floor Area for
Single-Family Residence*
Allowable Floor Area for Two
Detached Dwellings or One
Duplex*
0—3,000 80 square feet of floor area for each
100 square feet in Net Lot Area, up
to a maximum of 2,400 square feet
of floor area
90 square feet of floor area for each
100 square feet in Net Lot Area, up to
a maximum of 2,700 square feet of
floor area
3,000—9,000 2,400 square feet of floor area, plus
28 square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 4,080
square feet of floor area
2,700 square feet of floor area, plus
30 square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 4,500
square feet of floor area.
9,000—
15,000
4,080 square feet of floor area, plus 7
square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 4,500
square feet of floor area
4,500 square feet of floor area, plus 7
square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 4,920
square feet of floor area
15,000—
50,000
4,500 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 6,600
square feet of floor area
4,920 square feet of floor area, plus 6
square feet of floor area for each
additional 100 square feet in Net Lot
Area, up to a maximum of 7,020
square feet of floor area
50,000+ 6,600 square feet of floor area, plus 2
square feet of floor area for each
additional 100 square feet in Net Lot
Area.
7,020 square feet of floor area, plus 3
square feet of floor area for each
additional 100 square feet in Net Lot
Area.
* Total external floor area for multiple detached residential dwellings on one (1) lot
shall not exceed the floor area allowed for one (1) duplex. Total external floor area for
multiple detached residential dwellings on a lot less than twenty thousand (20,000)
square feet listed on the inventory of historic landmark sites and structures shall not
exceed the floor area allowed for one (1) detached residential dwelling.
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two hundred
and fifty (250) square feet of floor area. Each residence on the parcel, excluding accessory
dwelling units and carriage houses, shall be eligible for one (1) floor area increase in
exchange for the extinguishment of one (1) historic TDR. Properties listed on the inventory
of historic sites and structures shall not be eligible for this floor area increase.
Nonconforming uses and structures shall not be eligible for this floor area increase. No
more than one (1) floor area increase shall be allowed per residence, with the following
exceptions:
City of Aspen Land Use Code
Part 700, R-15 zone
Page 4
a. Non-historic properties with a net lot area of 15,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
(Ord. No. 56-2000, §§ 2, 7 [part]; Ord. No. 25-2001, §§ 2, 5 [part]; Ord. No. 1-2002, § 20
[part]; Ord. No. 54-2003, § 7; Ord. No. 50-2005, § 2; Ord. No. 27-2010, §4; Ord. No. 34-
2011, §4; Ord. No. 33-2014, §3)
City of Aspen Land Use Code
Part 700, R-15A zone
Page 1
26.710.060 Moderate-Density Residential (R-15A).
A. Purpose. The purpose of the Moderate-Density Residential (R-15A) Zone District is
to provide areas for long-term residential purposes, short term vacation rentals, and customary
accessory uses. Recreational and institutional uses customarily found in proximity to
residential uses are included as conditional uses. Lands in the Moderate-Density Residential
(R-15A) Zone District are similarly situated to those in the Moderate-Density Residential (R-
15) Zone District and are lands annexed from Pitkin County from Zone Districts in which
duplexes are a prohibited use.
B. Permitted uses. The following uses are permitted as of right in the Moderate-Density
Residential (R-15A) Zone District:
1. Detached residential dwelling.
2. Duplex, provided fifty percent (50%) of the duplex units are restricted to affordable
housing.
3. Two (2) detached residential dwellings.
4. Home occupations.
5. Accessory buildings and uses.
6. Accessory dwelling units and carriage houses meeting the provisions of section 26.520.
7. Vacation rentals. Pursuant to Section 26.575.220
C. Conditional uses. The following uses are permitted as conditional uses in the
Moderate-Density Residential (R-15A) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Agricultural uses.
4. Recreational uses.
5. Group home.
6. Child care center.
7. For historic landmark properties: bed and breakfast and boardinghouse.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15A) Zone District:
1. Minimum Gross Lot Area (square feet): fifteen thousand (15,000). For lots created by
Subsection 26.480.030.A.4, Historic landmark lot split: three thousand (3,000).
2. Minimum Net Lot Area per dwelling unit (square feet):
City of Aspen Land Use Code
Part 700, R-15A zone
Page 2
a. Detached residential dwelling: 15,000. For historic landmark properties: three
thousand (3,000).
b. Duplex: 7,500. For historic landmark properties: 3,000.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): seventy-five (75) feet. For lots created by Subsection
26.480.030.A.4, Historic landmark lot split: thirty (30).
4. A minimum front yard setback (feet):
a. Residential dwelling: twenty-five (25).
b. Accessory buildings and all other buildings: thirty (30).
5. Minimum side yard setback (feet): 10.
6. Minimum rear yard setback (feet):
a. Residential dwellings: ten (10).
b. Accessory buildings and all other buildings: five (5).
7. Maximum height (feet): twenty-five (25).
8. Minimum distance between principal and accessory buildings (feet): ten (10).
9. Percent of open space required for building site: No requirement.
10. Floor area ratio (applies to conforming and nonconforming lots of record):
City of Aspen Land Use Code
Part 700, R-15A zone
Page 3
Net Lot
Area
(Square
Feet)
Allowable Floor Area for
Single-Family Residence*
Allowable Floor Area for Two
Detached Dwellings or One
Duplex*
0—3,000 80 square feet of floor area for
each 100 square feet in Net Lot
Area, up to a maximum of 2,400
square feet of floor area
90 square feet of floor area for
each 100 square feet in Net Lot
Area, up to a maximum of 2,700
square feet of floor area
3,000—
9,000
2,400 square feet of floor area,
plus 28 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,080 square feet
of floor area
2,700 square feet of floor area,
plus 30 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,500 square feet of
floor area
9,000—
15,000
4,080 square feet of floor area,
plus 7 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,500 square feet
of floor area
4,500 square feet of floor area,
plus 7 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,920 square feet of
floor area
15,000—
50,000
4,500 square feet of floor area,
plus 6 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 6,600 square feet
of floor area
4,920 square feet of floor area,
plus 6 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 7,020 square feet of
floor area
50,000+ 6,600 square feet of floor area,
plus 2 square feet of floor area
for each additional 100 square
feet in Net Lot Area.
7,020 square feet of floor area,
plus 3 square feet of floor area
for each additional 100 square
feet in Net Lot Area.
* Total external floor area for multiple detached residential dwellings on one (1) lot shall
not exceed the floor area allowed for one (1) duplex. Total external floor area for multiple
detached residential dwellings on a lot less than twenty thousand (20,000) square feet listed
on the inventory of historic landmark sites and structures shall not exceed the floor area
allowed for one (1) detached residential dwelling.
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two hundred and
fifty (250) square feet of floor area. Each residence on the parcel, excluding accessory
dwelling units and carriage houses, shall be eligible for one (1) floor area increase in
exchange for the extinguishment of one (1) historic TDR. Properties listed on the inventory
of historic sites and structures shall not be eligible for this floor area increase.
Nonconforming uses and structures shall not be eligible for this floor area increase. No
City of Aspen Land Use Code
Part 700, R-15A zone
Page 4
more than one (1) floor area increase shall be allowed per residence, with the following
exceptions:
a. Non-historic properties with a net lot area of 15,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
(Ord. No. 56-2000, § 7 [part]; Ord. No. 25-2001, § 5 [part]; Ord. No. 1-2002, § 20 [part];
Ord. No. 54-2003, § 8; Ord. No. 50-2005, § 3; Ord. No. 27-2010, §4; Ord. No. 34-2011,
§5; Ord. No. 33-2014, §4)
City of Aspen Land Use Code
Part 700, R-15B zone
Page 1
26.710.070 Moderate-Density Residential (R-15B).
A. Purpose. The purpose of the Moderate-Density Residential (R-15B) Zone District is to
provide areas for long-term residential purposes, short term vacation rentals, and customary
accessory uses. Lands in the Moderate-Density Residential (R-15B) Zone District are similarly
situated to those in the Moderate-Density Residential (R-15) and (R-15A) Zone Districts, but
are those in which single-family structures are a permitted use and duplexes are prohibited.
B. Permitted uses. The following uses are permitted as of right in the Moderate-Density
Residential (R-15B) Zone District:
1. Detached residential dwelling.
2. Home occupations.
3. Accessory buildings and uses.
4. Vacation rentals. Pursuant to Section 26.575.220.
C. Conditional uses. The following uses are permitted as conditional uses in the
Moderate-Density Residential (R-15B) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Agricultural uses.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15B) Zone District:
1. Minimum Gross Lot Area (square feet): fifteen thousand (15,000).
2. Minimum Net Lot Area per dwelling unit (square feet): fifteen thousand (15,000).
3. Minimum lot width (feet): seventy-five (75).
4. Minimum front yard setback (feet): thirty (30). For properties located between
Eastwood Drive and Highway 82 (Lots 6-19, Eastwood Subdivision) and properties
located on the northwest portion of Skimming Lane (Lots 8-11, Block 1, Aspen Grove
subdivision): ten (10).
5. Minimum side yard setback (feet): five (5).
6. Minimum rear yard setback (feet):
a. Residential dwellings: ten (10)
b. Accessory buildings and all other buildings: five (5).
For properties located between Eastwood Drive and Highway 82 (Lots 6-19, Eastwood
Subdivision) and properties located on the northwest portion of Skimming Lane (Lots
8-11, Block 1, Aspen Grove subdivision): thirty (30).
7. Maximum height (feet): twenty-five (25).
8. Minimum distance between principal and accessory buildings: No requirement.
City of Aspen Land Use Code
Part 700, R-15B zone
Page 2
9. Percent of open space required for building site: No requirement.
10. Floor area ratio (applies to conforming and nonconforming lots of record):
Net Lot Area
(Square Feet) Allowable Floor Area for Single-Family Residence
0—3,000 80 square feet of floor area for each 100 square feet in Net
Lot Area, up to a maximum of 1,680 square feet of floor
area
3,000—9,000 1,680 square feet of floor area, plus 20 square feet of floor
area for each additional 100 square feet in Net Lot Area, up
to a maximum of 2,880 square feet of floor area
9,000—
15,000
2,880 square feet of floor area plus 5 square feet of floor
area for each additional 100 square feet in Net Lot Area, up
to a maximum of 3,180 square feet of floor area
15,000—
50,000
3,180 square feet of floor area, plus 4 square feet of floor
area for each additional 100 square feet in Net Lot Area, up
to a maximum of 4,580 square feet of floor area
50,000+ 4,580 square feet of floor area, plus 1 square foot of floor
area for each additional 100 square feet in Net Lot Area.
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two hundred
and fifty (250) square feet of floor area. Each residence on the parcel, excluding accessory
dwelling units and carriage houses, shall be eligible for one (1) floor area increase in
exchange for the extinguishment of one (1) historic TDR. No more than one (1) floor area
increase shall be allowed per residence. Properties listed on the inventory of historic sites
and structures shall not be eligible for this floor area increase. Nonconforming uses and
structures shall not be eligible for this floor area increase.
(Ord. No. 56-2000, § 7 [part]; Ord. No. 25-2001, § 5 [part]; Ord. No. 54-2003, § 9; Ord. 51-
2005, § 1; Ord. No. 27-2010, §4; Ord. No. 34-2011, §6)
City of Aspen Land Use Code
Part 700, R-30 zone
Page 1
26.710.080 Low-Density Residential (R-30).
A. Purpose. The purpose of the Low-Density Residential (R-30) Zone District is to
provide areas for long-term residential purposes, short term vacation rentals, and customary
accessory uses. Recreational and institutional uses customarily found in proximity to
residential uses are included as conditional uses. Lands in the Low-Density Residential (R-30)
Zone District are typically located along river frontages in outlying areas of the City.
B. Permitted uses. The following uses are permitted as of right in the Low-Density
Residential (R-30) Zone District:
1. Detached residential dwelling.
2. Duplex.
3. Home occupations.
4. Accessory buildings and uses.
5. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520.
6. Vacation Rentals. Pursuant to Section 26.575.220
C. Conditional uses. The following uses are permitted as conditional uses in the Low-
Density Residential (R-30) Zone District, subject to the standards and procedures established
in Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Agricultural uses.
4. Recreational uses.
5. Group home.
6. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Low-Density Residential (R-30) Zone District:
1. Minimum Gross Lot Area (square feet): thirty thousand (30,000).
2. Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwelling: thirty thousand (30,000).
b. Duplex: fifteen thousand (15,000).
3. Minimum lot width (feet): one hundred (100).
4. Minimum front yard setback (feet):
City of Aspen Land Use Code
Part 700, R-30 zone
Page 2
a. Residential dwellings: twenty-five (25).
b. Accessory buildings and all other buildings: thirty (30).
5. Minimum side yard setback (feet): ten (10).
6. Minimum rear yard setback (feet):
a. Residential dwellings: fifteen (15).
b. Accessory buildings: five (5).
c. All other buildings: thirty (30).
7. Maximum height (feet): twenty-five (25).
8. Minimum distance between principal and accessory buildings (feet): ten (10).
9. Percent of open space required for building site: No requirement.
10. Floor area ratio (applies to conforming and nonconforming lots of record):
City of Aspen Land Use Code
Part 700, R-30 zone
Page 3
Net Lot Area
(Square
Feet)
Allowable Floor Area for
Single-Family Residence Allowable Floor Area for
Duplex
0—3,000 80 square feet of floor area for
each 100 square feet in Net Lot
Area, up to a maximum of 2,400
square feet of floor area
90 square feet of floor area for
each 100 square feet in Net Lot
Area, up to a maximum of 2,700
square feet of floor area
3,000—9,000 2,400 square feet of floor area,
plus 28 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,080 square feet
of floor area
2,700 square feet of floor area,
plus 30 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,500 square feet
of floor area
9,000—
15,000
4,080 square feet of floor area,
plus 7 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,500 square feet
of floor area
4,500 square feet of floor area,
plus 7 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 4,920 square feet
of floor area
15,000—
50,000
4,500 square feet of floor area,
plus 6 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 6,600 square feet
of floor area
4,920 square feet of floor area,
plus 6 square feet of floor area
for each additional 100 square
feet in Net Lot Area, up to a
maximum of 7,020 square feet
of floor area
50,000+ 6,600 square feet of floor area,
plus 2 square feet of floor area
for each additional 100 square
feet in Net Lot Area
7,020 square feet of floor area,
plus 3 square feet of floor area
for each additional 100 square
feet in Net Lot Area
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two hundred
and fifty (250) square feet of floor area. Each residence on the parcel, excluding
accessory dwelling units and carriage houses, shall be eligible for one (1) floor area
increase in exchange for the extinguishment of one (1) historic TDR. Properties listed on
the Inventory of Historic Landmark Sites and Structures shall not be eligible for this floor
area increase. Nonconforming uses and structures shall not be eligible for this floor area
increase. No more than one (1) floor area increase shall be allowed per residence, with
the following exceptions:
a. Non-historic properties with a net lot area of 30,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
(Ord. No. 56-2000, §7 [part]; Ord. No. 25-2001, §5 [part]; Ord. No. 54-2003, §10; Ord. No.
27-2010, §4; Ord. No.34-2011, §7; Ord. No.33-2014, §5)
City of Aspen Land Use Code
Part 700, RMF zone
Page 1
26.710.090 Residential Multi-Family (RMF).
A. Purpose. The purpose of the Residential Multi-Family (RMF) Zone District is to
provide for the use of land for intensive long-term residential purposes, short term vacation
rentals, and customary accessory uses. Recreational and institutional uses customarily found
in proximity to residential uses are included as conditional uses. Lands in the Residential Multi-
Family (RMF) Zone District are typically those found in the Aspen infill area, within walking
distance of the center of the City or lands on transit routes and other lands with existing
concentrations of attached residential dwellings and mixed attached and detached residential
dwellings.
B. Permitted uses. The following uses are permitted as of right in the Residential Multi-
Family (RMF) Zone District:
1. Detached residential dwelling.
2. Two (2) detached residential dwellings.
3. Duplex dwelling.
4. Multi-family dwellings.
5. Home occupations.
6. Accessory buildings and uses.
7. Dormitory.
8. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520.
9. For historic landmark properties: bed and breakfast.
10. Vacation Rentals. Pursuant to Section 26.575.220
C. Conditional uses. The following uses are permitted as conditional uses in the
Residential Multi-Family (RMF) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Recreational uses.
4. Group home.
5. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Residential Multi-Family (RMF) Zone District:
1. Minimum Gross Lot Area (square feet): six thousand (6,000). For lots created by
Paragraph 26.480.030.A.4, Historic landmark lot split: three thousand (3,000).
City of Aspen Land Use Code
Part 700, RMF zone
Page 2
2. Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwelling: four thousand five hundred (4,500). For historic
landmark properties: three thousand (3,000).
b. Duplex dwelling unit: four thousand five hundred (4,500). For historic landmark
properties: three thousand (3,000).
c. Multi-family dwellings: No requirement.
d. Bed and breakfast: No requirement.
3. Minimum lot width (feet): sixty (60). For lots created by Paragraph 26.480.030.A.4,
Historic landmark lot split: thirty (30).
4. Minimum front yard setback (feet):
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi-family: five (5).
5. Minimum side yard setback (feet):
a. Detached residential and duplex dwellings: same as R-6 Zone District.
b. Multi-family: five (5).
6. Minimum rear yard setback (feet):
a. Detached residential and duplex dwellings: same as R-6 Zone District.
b. Multi-family: five (5).
7. Maximum height (according to density) (feet):
a. Detached residential and duplex dwellings: same as R-6 Zone District.
b. Multi-family – parcel density less than one (1) unit per one thousand five hundred
(1,500) square feet of Gross Lot Area: twenty-five (25).
c. Multi-family – parcel density equal to or greater than one (1) unit per one thousand
five hundred (1,500) square feet of Gross Lot Area: thirty-two (32).
8. Minimum distance between buildings on the lot (feet):
a. Detached residential and duplex dwellings: same as R-6 Zone District.
b. Multi-family: No requirement. (Building and Fire Codes may apply.)
9. Public amenity space: Pursuant to Section 26.575.030.
10. Floor area ratio (FAR). This Paragraph applies to each type of use according to density
and applies to conforming and nonconforming lots of record:
a. Existing detached residential and duplex dwellings: one hundred percent (100%)
of the allowable floor area of an equivalent-sized lot located in the R-6 Zone District.
(See Section 26.710.040, R-6 Zone District.) City historic transferable development
City of Aspen Land Use Code
Part 700, RMF zone
Page 3
rights shall not permit additional floor area for detached residential and duplex
dwellings.
b. New or replacement after demolition detached residential and duplex dwellings:
eighty percent (80%) of the allowable floor area of an equivalent-sized lot located
in the R-6 Zone District. (See Section 26.710.040, R-6 Zone District.) City historic
transferable development rights shall not permit additional floor area for detached
residential and duplex dwellings.
c. Multi-family – parcel density of less than one (1) unit per one thousand five hundred
(1,500) square feet of Gross Lot Area: 0.75:1.
d. Multi-family – parcel density equal to or greater than one (1) unit per one thousand
five hundred (1,500) square feet of Gross Lot Area: 1.25:1.
e. Multi-family – parcel density equal to or greater than one (1) unit per seven hundred
fifty (750) square feet of Gross Lot Area: 1.5:1.
11. Maximum multi-family unit size (square feet): For properties in the Aspen infill area,
two thousand (2,000) square feet of net livable area. For properties outside the Aspen
infill area, two thousand five hundred (2,500) square feet of net livable area.
a. The property owner may increase individual multi-family unit size by extinguishing
historic transferable development right certificates ("certificate" or "certificates"),
subject to the following:
1) The transfer ratio is five hundred (500) square feet of net livable area for each
certificate that is purchased.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is two thousand five hundred (2,500) square feet of net
livable area for properties within the Aspen infill area and three thousand (3,000)
square feet of net livable area for properties outside the Aspen infill area (i.e.,
no more than five hundred [500] additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the floor area ratio (FAR) of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates.
(Ord. No. 56-2000, §7 [part]; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20 [part]; Ord.
No. 29-2002, §1; Ord. No. 27-2004, §1; Ord. No. 50-2005, §10; Ord. No. 9, 2007, §1; Ord. No.
27-2010, §4; Ord. No. 34-2011, §8)
City of Aspen Land Use Code
Part 700, RMFA zone
Page 1
26.710.100 Residential Multi-Family-A (RMFA).
A. Purpose. The purpose of the Residential Multi-Family-A (RMFA) Zone District is to
provide for the use of land for intensive long-term residential purposes, short term vacation
rentals, and customary accessory uses. Recreational and institutional uses customarily found
in proximity to residential uses are included as conditional uses. Lands in the Residential
Multi-Family-A (RMFA) Zone District are typically those found in the Aspen infill area,
within walking distance of the center of the City or lands on transit routes and other lands
with existing concentrations of attached residential dwellings and mixed attached and
detached residential dwellings.
B. Permitted uses. The following uses are permitted as of right in the Residential Multi-
Family-A (RMFA) Zone District:
1. Detached residential dwelling.
2. Two (2) detached residential dwellings.
3. Duplex dwelling.
4. Multi-family dwellings.
5. Home occupations.
6. Accessory buildings and uses.
7. Dormitory.
8. Accessory dwelling units and carriage houses meeting the provisions of Chapter
26.520.
9. For historic landmark properties: bed and breakfast.
10. Vacation Rentals. Pursuant to Section 26.575.220
C. Conditional uses. The following uses are permitted as conditional uses in the
Residential Multi-Family-A (RMFA) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Recreational uses.
4. Group home.
5. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Residential Multi-Family-A (RMFA) Zone District:
City of Aspen Land Use Code
Part 700, RMFA zone
Page 2
1. Minimum Gross Lot Area (square feet): six thousand (6,000). For historic landmark
properties: three thousand (3,000).
2. Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwelling: 4,500. For historic landmark properties: 3,000.
b. Duplex dwelling unit: 4,500. For historic landmark properties: 3,000.
c. Multi-family dwellings: No requirement.
d. Bed and breakfast: No requirement.
3. Minimum lot width (feet): sixty (60). For historic landmark properties: thirty (30).
4. Minimum front yard setback (feet):
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi-family: 5.
5. Minimum side yard setback (feet):
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi-family: 5.
6. Minimum rear yard setback (feet):
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi-family: 5.
7. Maximum height (according to density) (feet):
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi-family – parcel density less than one (1) unit per 1,500 square feet of Gross
Lot Area: 25.
c. Multi-family – parcel density equal to or greater than one (1) unit per 1,500 square
feet of Gross Lot Area: 32.
8. Minimum distance between buildings on the lot (feet):
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi-family: No requirement. (Building and Fire Codes may apply).
9. Public amenity space: Pursuant to Section 26.575.030.
10. Floor area ratio (FAR). This Paragraph applies to each type of use according to
density and applies to conforming and nonconforming lots of record:
a. Existing detached residential and duplex dwellings: One hundred percent (100%)
of the allowable floor area of an equivalent-sized lot located in the R-6 Zone
District. (See Section 26.710.040, R-6 Zone District.) City historic transferable
City of Aspen Land Use Code
Part 700, RMFA zone
Page 3
development rights shall not permit additional floor area for detached residential
and duplex dwellings.
b. New or replacement after demolition detached residential and duplex dwellings:
Eighty percent (80%) of the allowable floor area of an equivalent-sized lot located
in the R-6 Zone District. (See Section 26.710.040, R-6 Zone District.) City
historic transferable development rights shall not permit additional floor area for
detached residential and duplex dwellings.
c. Multi-family – parcel density of less than one (1) unit per one thousand five
hundred (1,500) square feet of Gross Lot Area: 0.75:1.
d. Multi-family – parcel density equal to or greater than one (1) unit per one thousand
five hundred (1,500) square feet of Gross Lot Area: 1.25:1.
e. Multi-family – parcel density equal to or greater than one (1) unit per seven
hundred fifty (750) square feet of Gross Lot Area: 1.5:1.
11. Maximum multi-family unit size (square feet): For properties in the Aspen infill area,
two thousand (2,000) square feet of net livable area. For properties outside the Aspen
infill area, two thousand five hundred (2,500) square feet of net livable area.
a. The property owner may increase individual multi-family unit size by
extinguishing historic transferable development right certificates ("certificate" or
"certificates"), subject to the following:
1) The transfer ratio is 500 square feet of net livable area for each certificate that
is purchased.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 square feet of net livable area for properties within
the Aspen infill area and 3,000 square feet of net livable area for properties
outside the Aspen infill area (i.e., no more than five hundred [500] additional
square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the floor area ratio (FAR) of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates.
(Ord. No. 56-2000, §7 [part]; Ord. No. 25-2001, §5 [part]; Ord No. 27-2004, §2; Ord. No. 9,
2007, §2; Ord. No. 27-2010, §4; Ord. No. 34-2011, §9)
City of Aspen Land Use Code
Part 700, AH/PD zone
Page 1
26.710.110 Affordable Housing/Planned Development (AH/PD).
A. Purpose. The purpose of the Affordable Housing/Planned Development (AH/PD)
Zone District is to provide for the use of land for the production of category affordable
housing and resident occupied lots and units. The Zone District also permits a limited
component of free market lots/units to offset the cost of developing affordable housing. It is
contemplated that land may also be subdivided in connection with a development plan. The
AH/PD Zone District is intended for residential use primarily by permanent residents of the
community and in some instances allows for short term vacation rentals. Recreational and
institutional uses customarily found in proximity to residential uses are included as
conditional uses. Lands in the AH/PD Zone District should be scattered throughout the City
to ensure a mix of housing types, including those which are affordable by its working
residents; at the same time the AH/PD Zone District can protect the City's neighborhoods
from rezoning pressures that other non-community-oriented Zone Districts may produce.
Further, lands in the AH/PD Zone District should be located within walking distance of the
center of the City or on transit routes.
B. Permitted uses. The following uses are permitted as of right in the AH/PD Zone
District:
1. Residential uses restricted to category affordable housing guidelines and resident
occupied units which comply with the following requirements:
a. Minimum bedroom mix. A minimum of seventy percent (70%) of the project's
total bedrooms shall be deed restricted affordable housing consistent with the
Affordable Housing Guidelines. The mix between categories of housing shall be
consistent with the Affordable Housing Guidelines. The remaining bedrooms that
are not deed restricted to affordable housing may be free market residential units.
b. Permissible reduction in bedroom mix for exemplary projects. A project may be
eligible for a reduction of the minimum affordable housing bedroom mix
requirement to a level of sixty percent (60%) of the project's total bedrooms if the
applicant can demonstrate to the satisfaction of the City Council that the project
meets the requirements for an exceptional project as set forth in the Affordable
Housing Guidelines.
2. Home occupations.
3. Accessory buildings and uses.
4. Accessory dwelling units meeting the provisions of Chapter 26.520.
5. Vacation rentals. Pursuant to Section 26.575.220
C. Conditional uses. The followings uses are permitted as conditional uses in the
Affordable Housing (AH) Zone District, subject to the standards and procedures established
in Chapter 26.425:
1. Park and open use recreation site.
2. Child care center.
City of Aspen Land Use Code
Part 700, AH/PD zone
Page 2
3. Satellite dish antennae.
4. Dormitory.
5. Transit facilities.
D. Dimensional requirements. The following dimensional requirements shall be
established by adoption of a Final PD Development Plan and shall apply to all permitted and
conditional uses in the Planned Development:
1. Minimum Gross Lot Area.
2. Minimum Net Lot Area per dwelling unit.
3. Maximum allowable density.
4. Minimum lot width.
6. Minimum front yard.
7. Minimum side yard.
8. Minimum rear yard.
9. Maximum site coverage.
10. Maximum height (including view planes).
11. Minimum distance between buildings on the lot.
12. Minimum percent open space required for the building site.
13. Trash access area.
14. Allowable floor area.
15. Minimum off-street parking spaces.
16. Other dimensions determined necessary to establish through the PD process.
Note #1: The maximum allowable density permitted in this zone shall be established by
adoption of a Final PD Development Plan by using the following table applied to the
proposed fathering parcel as a guide:
City of Aspen Land Use Code
Part 700, AH/PD zone
Page 3
Unit Type
Minimum Net Lot Area* Per Dwelling
Unit (Square Feet)
Dormitory 300
Studio 400
One Bedroom 500
Two Bedroom 1000
Three Bedroom 1500
3+ Bedrooms 500 /Bedroom
Note #2: The allowable floor area permitted in this zone shall be established by adoption
of a Final PD Development Plan by using the following table applied to the proposed
fathering parcel as a guide:
Fathering Parcel Net Lot Area*
Allowable Floor
Area Ratio
0—15,000 square feet 1.1:1
15,001—25,000 square feet 1:1
25,001—43,560 square feet .8:1
>1 acre—3 acres .6:1
>3 acres—6 acres .36:1
>6 acres .3:1
* Net Lot Area as defined in the Land Use Code.
(Ord. No. 27-2010, §4; Ord. No. 34-2011, §10)
City of Aspen Land Use Code
Part 700, R-3 zone
Page 1
26.710.120 High Density Residential (R-3).
A. Purpose. The purpose of the High Density Residential (R-3) Zone District is to provide
for the use of land to locate manufactured housing for intensive long-term residential purposes,
short term vacation rentals, and customary accessory uses and less intensive office uses.
Recreational and institutional uses customarily found in proximity to residential uses are
included as conditional uses. The High Density Residential (R-3) Zone District shall be located
in areas where the effect on surrounding property shall be minimized, where the health, safety
and general welfare of the High Density Residential (R-3) Zone District residents and others
will be protected and where the topography is suitable for the permitted uses and conditional
uses allowed in the High Density Residential (R-3) Zone District.
B. Permitted uses. The following uses are permitted as of right in the High Density
Residential (R-3) Zone District:
1. Mobile home park.
2. Home occupations.
3. Accessory buildings and uses.
2. Accessory dwelling units meeting the provisions of Chapter 26.520.
3. Vacation Rentals. Pursuant to Section 26.575.220.
C. Conditional uses. The following uses are permitted as conditional uses in the High
Density Residential (R-3) Zone District, subject to the standards and procedures established in
Chapter 26.425:
1. Park and open use recreation site.
2. Public and private academic school.
2. Church.
3. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the High Density Residential (R-3) Zone District:
1. Minimum Gross Lot Area: three thousand (3,000) square feet.
2. Minimum Net Lot Area per dwelling unit: three thousand (3,000) square feet.
2. Minimum lot width: forty (40) feet.
3. Minimum front yard setback: five (5) feet (excluding hitch on mobile home).
4. Minimum side yard setback: five (5) feet.
5. Minimum rear yard setback: five (5) feet.
6. Maximum height:
City of Aspen Land Use Code
Part 700, R-3 zone
Page 2
Administrative service buildings: twenty-five (25) feet.
All other structures: fifteen (15) feet.
7. Minimum distance between principal and accessory buildings: five (5) feet.
8. Percent of open space required for building site: No requirement.
9. External floor area ratio: No requirement.
(Ord. No. 56-2000, § 7 [part]; Ord. No. 39-2001, § 1; Ord. No. 27-2010, §4; Ord. No.34-
2011, §11)
City of Aspen Land Use Code
Part 700, RR zone
Page 1
26.710.130 Rural Residential (RR).
A. Purpose. Purpose. The purpose of the Rural Residential (RR) Zone District is to
allow utilization of land for low density, long-term residential and short term vacation rental
purposes with the recreational, institutional, public and other compatible uses customarily
found in proximity to those uses allowed as permitted uses or conditional uses.
B. Permitted uses. The following uses are permitted as of right in the Rural Residential
(RR) Zone District:
1. Detached residential dwelling.
2. Farm building and use, provided that all such buildings and storage areas are located at
least one hundred (100) feet from pre-existing dwellings on other lots.
2. Nursery.
3. Greenhouse.
4. Home occupations.
5. Accessory buildings and uses.
6. Accessory dwelling units meeting the provisions of Section 26.520.040.
7. Vacation Rental. Pursuant to Section 26.575.220
C. Conditional uses. The following uses are permitted as conditional uses in the Rural
Residential (RR) Zone District, subject to the standards and procedures established in Chapter
26.425:
1. Public building.
2. Public and private academic school.
3. Church.
4. Radio tower.
5. Recreation club.
6. Child care center.
2. Park and open use recreation site including ski runs, ski lifts and other skiing facilities
and structures.
3. Sewage disposal.
4. Water storage and reservoir.
5. Electric substation or gas regulator station (not including building for offices, repair or
storage).
6. Veterinary clinic.
City of Aspen Land Use Code
Part 700, RR zone
Page 2
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Rural Residential (RR) Zone District:
1. Minimum Gross Lot Area: two (2) acres.
2. Minimum Net Lot Area per dwelling unit: two (2) acres.
3. Minimum lot width: two hundred (200) feet.
4. Minimum front yard setback: thirty (30) feet.
5. Minimum side yard setback: twenty (20) feet.
6. Minimum rear yard setback: twenty (20) feet.
7. Maximum height: twenty-eight (28) feet.
8. Minimum distance between principal and accessory buildings: No requirement.
9. Percent of open space required for building site: No requirement.
10. External floor area ratio (applies to conforming and nonconforming lots of record):
same as R-15 Zone District.
(Ord. No. 56-2000, § 3; Ord. No. 25-2001, § 3; Ord. No. 27-2010, §4; Ord. No. 34-2011, §12)
City of Aspen Land Use Code
Part 700, CC zone
Page 1
26.710.140 Commercial Core (CC).
A. Purpose. The Commercial Core (CC) serves as the highest intensity commercial area,
fulfilling the policies of the Aspen Area Community Plan geared towards a strong and
sustainable local and visitor economy, a diversity of commercial opportunities and the
maintenance of Aspen’s historic character. The CC zone provides for the use of land for retail,
service, commercial, and institutional purposes within mixed-use buildings oriented to local
and tourist populations. The balance of uses is designed to enhance the business and
commercial character in the historic core of the City and provide commercial opportunities
proximate to multi-modal transit infrastructure. This mix of uses creates economic, cultural
and social vitality,
B. Permitted uses. The following uses are permitted by right in the Commercial Core
(CC) Zone District:
1. Uses allowed on basement floors: General retail, specialty retail, restaurant, bar and
entertainment uses, office uses, and building elements necessary and incidental to uses
on other floors. Lodging uses, only when the entire building is dedicated to lodging and
associated commercial use.
2. Uses allowed on the ground floor: General retail, specialty retail, restaurant, bar and
entertainment uses, and uses and building elements necessary and incidental to uses on
other floors. Lodging uses, only when the entire building is dedicated to lodging and
associated commercial use. Office uses are prohibited on the ground floor except within
spaces set back a minimum of forty (40) feet from the front property line and recessed
behind the front-most street-facing façade. This prohibition shall not apply to split-level
buildings (see definition) or properties north of Main Street. Parking shall not be
allowed as the sole use of the ground floor. Automobile drive-through service is
prohibited.
3. Uses allowed on upper floors: General retail, specialty retail, restaurant, bar and
entertainment uses, office uses, lodging, and affordable multi-family housing.
4. Uses allowed on all floors: General retail, specialty retail, restaurant, bar and
entertainment uses, arts, cultural, civic and community uses, public uses, academic uses,
service uses, accessory uses and structures, storage accessory to a permitted use, and
uses and building elements necessary and incidental to uses on other floors, including
parking accessory to a permitted use.
5. Free-Market Residential Units: No new Free-Market Residential Units may be
established. Free-Market Residential units are permitted on any level if they were
legally established (having received a Certificate of Occupancy, Development Order, or
applied for a Development Order) prior to Ordinance 25 (Series of 2012).
6. Affordable Housing Units: Affordable housing is permitted by right on upper floors
where accessory to a commercial use on the property or required for on-site affordable
housing mitigation requirements. Affordable housing created pursuant to this
City of Aspen Land Use Code
Part 700, CC zone
Page 2
subsection is not eligible to be used for the creation of Certificates of Affordable
Housing Credit, pursuant to Chapter 26.540, unless for a fraction of a unit.
7. Home Occupations and Vacation Rentals: Home Occupations and Vacation Rentals are
permitted only in legally established residential units.
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Core (CC) Zone District, subject to the standards and procedures established in
Chapter 26.425:
1. Gasoline service station.
2. Commercial parking facility, pursuant to Chapter 26.515.
3. Automobile showroom and dealership.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Commercial Core (CC) Zone District. The
dimensional standards and allotments provided in this section for commercial and mixed-use
developments are the maximum allowable for the zone and may not be achieved for all
developments. Site constraints, historic resources, on-site mitigation and replacement
requirements, and other factors may prevent development from achieving some or all of the
maximum allowable dimensional standards.
1. Minimum Gross Lot Area (square feet): No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement
7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.06.
8. Maximum height (feet): Twenty-eight (28) feet.
9. Minimum distance between buildings on the lot (feet): No requirement.
10. Public amenity space: Pursuant to Section 26.412.
11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 2.25:1.
a. Commercial uses: 2.25:1.
City of Aspen Land Use Code
Part 700, CC zone
Page 3
b. Arts, cultural, civic and community uses, public uses, recreational uses,
academic uses, child care center and similar uses: 2:1.
c. Affordable multi-family housing: Greater of existing FAR or 1:1.
d. Lodging: 0.5:1, which may be increased to 1.5:1 if the individual lodge
units on the parcel average five hundred (500) net livable square feet or
less, which may be comprised of lock-off units.
e. Free-Market multi-family housing: Limited to the existing free-market
multi-family FAR. No expansion to FAR shall be permitted, except at-
grade patios, and decks (other than roof-top decks), balconies, exterior
stairways, trellis, and other similar features up to 15% of the total free-
market residential floor area. Any subsequent reduction in floor area
occupied by such residential use shall be deemed a new limitation and
the use shall not thereafter be enlarged to occupy a greater floor area.
Free-market residential units shall not be able to utilize any exemptions
to floor area outlined in Section 26.575.020(D), Measuring Floor Area,
except as noted above.
12. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off
units, this maximum shall apply to the largest possible combination of units.
13. Net Livable Area (square feet):
a) Category 1-7 Affordable multi-family housing: No limitation.
b) Resident Occupied Affordable multi-family housing: Individual units shall be
limited to 2,000 sq. ft. of net livable area.
c) Free-Market Residential: Overall net livable area for a building or project is
limited to the existing net livable square footage. No expansion to overall net
livable area shall be permitted, except for as described below. Any subsequent
reduction in net livable area occupied by such residential use shall be deemed a
new limitation and the use shall not thereafter be enlarged to occupy a greater
net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable
area. Combination of Free-Market residential units is permitted, but subject to
the net livable size limitations herein, as well as other provisions of this title.
d) Expansions Allowed: Notwithstanding the above, individual multi-family unit
sizes may be increased by extinguishing Historic Transferable Development
Right Certificates (“certificate” or “certificates”), subject to the following:
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
City of Aspen Land Use Code
Part 700, CC zone
Page 4
development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or
the use.
14. Commercial/residential ratio: When development includes mixed-uses, the total
residential net livable area shall be no greater than 65% of the total above-grade
commercial net leasable and lodge net livable area on the same parcel.
Compliance with City of Aspen Charter. Any property located east of Castle Creek that was
in the Commercial Core (CC) zone district on January 1, 2015, is subject to the provisions of
Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
(Ord. No. 56-2000, §§7 [part], 11; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20 [part];
Ord. No. 21-2002, §§5 and 6 [part]; Ord. No. 28a-2004, §2; Ord. No. 12-2006, §10; Ord. No.
11, 2007, §1; Ord. No. 27-2010, §4; Ord. No. 34-2011, §13; Ord. No.12-2012, §1; Ord.
No.25-2012, §1; Ord. No.20-2015, 2; Ord. No.25-2015, 1; Ord. No. 29, 2016, §1)
City of Aspen Land Use Code
Part 700, C-1 zone
Page 1
26.710.150 Commercial (C-1).
Purpose. The Commercial (C-1) zone district provides for a diversity of commercial uses in
mixed-use buildings outside of the historic context of the Commercial Core (CC) zone district.
The C-1 zone advances Aspen Area Community Plan policies geared toward a strong and
sustainable local and visitor economy, a diversity of commercial opportunities and the
maintenance of Aspen as a recreation and cultural destination. The C-1 zone creates economic
vitality by providing a mix of commercial uses with greater flexibility in architecture and
design, enhancing Aspen’s community character. The C-1 creates a transition from the more
intense activity of the CC zone district to the surrounding mixed-use, residential and lodge
related uses.
B. Permitted uses. The following uses are permitted by right in the Commercial (C-1)
Zone District:
1. Uses allowed on all floors: General retail, specialty retail, restaurant, bar and
entertainment uses, service uses, lodging uses, office uses, arts, cultural, civic and
community uses, public uses, recreational uses, academic uses, bed and breakfast,
accessory uses and structures, and uses and building elements necessary and incidental
to uses on other floors, including parking accessory to a permitted use, storage accessory
to a permitted use. Parking shall not be allowed as the sole use of the ground floor.
Automobile drive-through service is prohibited.
2. Uses allowed on upper floors: Affordable multi-family housing.
3. Free-Market Residential Units: No new Free-Market Residential Units may be
established. Free-Market Residential units are permitted on any level if they were
legally established (having received a Certificate of Occupancy, Development Order, or
applied for a Development Order) prior to Ordinance 25 (Series of 2012).
4. Affordable Housing Units: Affordable housing is permitted by right where accessory to
a commercial use on the property or required for on-site affordable housing mitigation
requirements. Affordable housing created pursuant to this subsection is not eligible to
be used for the creation of Certificates of Affordable Housing Credit, pursuant to
Chapter 26.540, unless for a fraction of a unit.
5. Home Occupations and Vacation Rentals: Home Occupations and Vacation Rentals are
permitted on any building level only in legally established residential units.
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial (C-1) Zone District, subject to the standards and procedures established in
Chapter 26.425:
1. Affordable multi-family housing or home occupations on the ground floor.
2. Commercial parking facility, pursuant to Section 26.515.
City of Aspen Land Use Code
Part 700, C-1 zone
Page 2
3. Automobile showroom and dealership.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Commercial (C-1) Zone District. The dimensional
standards and allotments provided in this section for commercial and mixed-use developments
are the maximum allowable for the zone and may not be achieved for all developments. Site
constraints, historic resources, on-site mitigation and replacement requirements, and other
factors may prevent development from achieving some or all of the maximum allowable
dimensional standards.
1. Minimum Gross Lot Area (square feet):
a. Bed and breakfast: 3,000.
b. All other uses: No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
3. Minimum lot width (feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
4. Minimum front yard setback (feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
5. Minimum side yard setback (feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
6. Minimum rear yard setback (feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
7. Minimum utility/trash/recycle area: Pursuant to chapter 12.06
8. Maximum height:
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: Twenty-Eight (28) feet
9. Minimum distance between buildings on the lot (feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
10. Public amenity space: Pursuant to Section 26.412.
City of Aspen Land Use Code
Part 700, C-1 zone
Page 3
11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 2:1.
a. Commercial uses: 2:1.
b. Arts, cultural, civic and community uses, public uses, recreational uses,
academic uses, and similar uses: 1.75:1.
c. Affordable multi-family housing: Greater of existing FAR or 1:1
d. Lodging: .5:1, which may be increased to 1.5:1 if the individual lodge units on
the parcel average five hundred (500) net livable square feet or less, which
may be comprised of lock-off units.
e. Bed and breakfast (as the sole use of parcel and not cumulative with other
uses): Eighty percent (80%) of allowable floor area of a same-sized lot located
in the R-6 Zone District. (See R-6 Zone District.) Extinguishment of historic
TDRs shall not permit additional FAR for single-family or duplex
development.
f. Free-Market multi-family housing: Limited to the existing free-market multi-
family FAR. No expansion to FAR shall be permitted except at-grade patios,
and decks (other than roof-top decks), balconies, exterior stairways, trellis, and
other similar features up to 15% of the total free-market residential floor area.
Any subsequent reduction in floor area occupied by such residential use shall
be deemed a new limitation and the use shall not thereafter be enlarged to
occupy a greater floor area. Free-market residential units shall not be able to
utilize any exemptions to floor area outlined in Section 26.575.020(D),
Measuring Floor Area, except as noted above.
12. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off
units, this maximum shall apply to the largest possible combination of units.
13. Net Livable Area (square feet):
a) Category 1-7 Affordable multi-family housing: No limitation.
b) Resident Occupied Affordable multi-family housing: Individual units shall be
limited to 2,000 sq. ft. of net livable area.
c) Free-Market Residential: Overall net livable area for a building or project is
limited to the existing net livable square footage. No expansion to overall net
livable area shall be permitted. Any subsequent reduction in net livable area
occupied by such residential use shall be deemed a new limitation and the use
shall not thereafter be enlarged to occupy a greater net livable area. Individual
units shall be limited to 2,000 sq. ft. of net livable area. Combination of Free-
City of Aspen Land Use Code
Part 700, C-1 zone
Page 4
Market residential units is permitted, but subject to the net livable size
limitations herein, as well as other provisions of this title.
d) Expansions Allowed: Notwithstanding the above, individual multi-family unit
sizes may be increased by extinguishing Historic Transferable Development
Right Certificates (“certificate” or “certificates”), subject to the following:
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the
use.
14. Commercial/residential ratio: When development includes mixed-uses, the total
residential net livable area shall be no greater than 65% of the total commercial net
leasable and lodge net livable area on the same parcel.
E. Compliance with City of Aspen Charter. Any property located east of Castle Creek that
was in the Commercial (C-1) zone district on January 1, 2015, is subject to the provisions of
Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
(Ord. No. 56-2000, §§7 [part], 12, 15; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20;
Ord. No. 28b-2004, §1; Ord. No. 12-2006, §11; Ord. No. 11, 2007, §2; Ord. No. 27-2010, §4;
Ord. No. 34-2011, §14; Ord. No. 12-2012, §2; Ord. No. 25-2012, §2; Ord. No. 20-2015, §3;
Ord. No.25-2015, 2; Ord. No. 29, 2016, §2)
City of Aspen Land Use Code
Part 700, SCI zone
Page 1
26.710.160 Service/Commercial/Industrial (S/C/I).
A. Purpose. The S/C/I zone supports Aspen Area Community Plan policies related to a
sustainable, local serving economy and the preservation of a diversity of commercial
opportunities for locals and visitors. In response to the decreased intensity of commercial uses
in the zone and relative distance from the CC and C1 zones, both multi-modal and automobile
parking improvements are appropriate on site in the S/C/I. In order to enhance the City’s
commercial diversity, the zone allows for uses not found in other zones including light
industrial, manufacturing, production, repair and similar service-related uses. The S/C/I zone
is designed to provide commercial space to those uses not appropriate in other commercial
zones, but which provide an essential or unique service to support the local economy.
Flexibility and adaptability are important features of the zone to respond to changing
commercial sector dynamics and meet the space needs of the City’s service, creative and
production economies.
B. Permitted and Conditional Uses.
1. The following uses may have, in combination, a limited percent of the floor area,
devoted to retail sales, showroom, or customer reception, and such uses shall be
ancillary to the primary commercial use. This floor area percentage may be
increased through Special Review by the Planning and Zoning Commission,
pursuant to Section 26.430.050, and according to the standards of Section
26.710.160(E)1.
% retail sales,
showroom, or
customer reception
(maximum – net
leasable area)
Uses include the manufacturing, repair, customization,
servicing, alteration, detailing, rental or sale of consumer goods,
such as:
100% • Vehicle sales.
• Building materials, components, hardware, fixtures, interior
finishes and equipment.
• Fabric and sewing supply.
• Household appliances such as ranges, refrigerators,
dishwashers, etc.
• Outdoor recreational items, which may be in combination with a
service use related to guiding or touring.
25% • Animal boarding facility.
• Animal grooming establishment.
• Artist studio.
• Brewery and brewing supply.
• Coffee roasting and supply.
• Commercial dry cleaning.
• Commercial Kitchen or Bakery.
• Design Studio (limited to the Andrews-McFarlin Subdivision).
• Laundromat.
• Locksmith.
City of Aspen Land Use Code
Part 700, SCI zone
Page 2
% retail sales,
showroom, or
customer reception
(maximum – net
leasable area)
Uses include the manufacturing, repair, customization,
servicing, alteration, detailing, rental or sale of consumer goods,
such as:
• Marijuana Cultivation Facility, Marijuana Product
Manufacturing Facility, or Marijuana Testing Facility.
• Consumer electronics service and repair.
• Post Office branch.
• Printing and copy center.
• Shipping, packing and receiving services.
• Veterinary clinic.
10% • Automobile washing facility.
• Building/landscape maintenance facility.
• Warehousing and storage.
2. Primary Care Physician’s Office Uses permitted:
a. On Upper Floors, pursuant to Section 26.710.160 (D)11(b).
b. Limited to a cap of 3,500 square feet at the Obermeyer Place PD, upon execution
of an Insubstantial PD Amendment.
3. Permitted Accessory Uses:
a) Service yard accessory to a permitted use.
b) Sales and rental accessory and incidental to a permitted use.
c) Accessory buildings and uses.
d) Home occupations and Vacation Rentals: Home Occupations and Vacation
Rentals are permitted only in legally established residential units.
e) Offices, accessory to a permitted or conditional use, may occupy up to 10% of
a commercial unit.
C. Conditional uses. The following uses are permitted as conditional uses in the
Service/Commercial/ Industrial (SCI) zone district, subject to the procedures established
in Chapter 26.425.050 Procedures for Review, and the standards established in Section
26.710.160(F).
1. Affordable Housing Units: Affordable housing is permitted as a conditional use where
accessory to a commercial use on the property or required for on-site affordable
housing mitigation requirements. See 26.710.160.D.11 for affordable housing Floor
Area Ratio requirements. Affordable housing created pursuant to this subsection is
not eligible to be used for the creation of Certificates of Affordable Housing Credit,
pursuant to Chapter 26.540, unless for a fraction of a unit.
2. Free-Market Residential Units: No new Free-Market Residential Units may be
established. Free-Market Residential units are permitted on any level if they were
legally established (having received a Certificate of Occupancy, Development Order,
or applied for a Development Order) prior to Ordinance 29, Series 2016.
City of Aspen Land Use Code
Part 700, SCI zone
Page 3
3. Consignment retail establishment.
4. Commercial Parking Facility, pursuant to Section 26.515.
5. Gasoline service station.
6. Grocery store.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Service/Commercial/ Industrial (SCI) zone district.
The dimensional standards and allotments provided in this section for commercial and
mixed-use developments are the maximum allowable for the zone and may not be
achieved for all developments. Site constraints, historic resources, on-site mitigation and
replacement requirements, and other factors may prevent development from achieving
some or all of the maximum allowable dimensional standards.
1. Minimum Gross Lot Area (square feet): 3,000
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement.
7. Minimum Utility/Trash/Recycle area: Pursuant to Chapter 12.06.
8. Maximum height: Thirty-five (35) feet.
9. Minimum distance between buildings on the lot (feet): No Requirement.
10. Pedestrian Amenity Space: Pursuant to Section 26.412.
11. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively
up to a total maximum FAR of 2.25:1. Achieving the maximum floor area ratio is
subject to compliance with applicable design standards, view plane requirements,
public amenity requirements and other dimensional standards. Accordingly, the
maximum FAR is not an entitlement and is not achievable in all situations.
a. Commercial Uses: 2.25:1.
b. Primary Care Physician’s Office uses: .25:1 FAR, only if a minimum of .75:1
FAR of Commercial uses, listed in Section 26.710.160(B)1-3, exist on the same
parcel.
City of Aspen Land Use Code
Part 700, SCI zone
Page 4
c. Affordable Multi-Family Housing: Greater of existing FAR or .5:1.
d. Free-Market Multi-Family Housing: Limited to the existing free-market multi-
family FAR. No expansion to FAR shall be permitted except at-grade patios, and
decks (other than roof-top decks), balconies, exterior stairways, trellis, and other
similar features up to 15% of the total free-market residential floor area. Any
subsequent reduction in floor area occupied by such residential use shall be deemed
a new limitation and the use shall not thereafter be enlarged to occupy a greater floor
area. Free-market residential units shall not be able to utilize any exemptions to
floor area outlined in Section 26.575.020(D), Measuring Floor Area, except as noted
above.
12. Maximum multi-family residential dwelling unit size (square feet):
a) Category 1-7 Affordable multi-family housing: No limitation.
b) Resident Occupied Affordable multi-family housing: Individual units shall be
limited to 2,000 sq. ft. of net livable area.
c) Free-Market multi-family housing: Individual units shall be limited to 2,000 sq.
ft. of net livable area. Combination of Free-Market residential units is permitted,
but subject to the net livable size limitations herein, as well as other provisions
of this title.
d) Expansions Allowed: Notwithstanding the above, individual multi-family unit
sizes may be increased by extinguishing Historic Transferable Development
Right Certificates (“certificate” or “certificates”), subject to the following:
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or
the use.
E. Special Review Standards. Whenever the dimensional standards of a proposed
development within the SCI Zone District are subject to Special Review, the development
application shall be processed as a Special Review, pursuant to Section 26.430.050. The
following additional criteria apply:
1. To increase the allowable percentage of interior space assigned to retail, showroom, or
customer reception area, the applicant shall demonstrate the need and appropriateness
for such additional space and shall demonstrate consistency with the purpose of the SCI
Zone District.
City of Aspen Land Use Code
Part 700, SCI zone
Page 5
2. The additional approved percentage for a specific use shall be limited to that use and
not applicable to subsequent uses in the same space.
F. Conditional Use Review Standards.
1. Retail, Showroom or Customer Reception Area. In addition to meeting the standards
in Chapter 26.425, Conditional Use, the following Standards shall be met:
a. For consignment retail establishment, commercial parking facility (pursuant to
Chapter 26.575), and gasoline service station, the Commission shall establish the
appropriate amount of floor area to be devoted to retail sales, showroom, or
customer reception as a condition of conditional use review.
b. To establish the allowable percentage of interior space assigned to retail, showroom,
or customer reception area, the applicant shall demonstrate the need and
appropriateness for the space and shall demonstrate consistency with the purpose of
the SCI Zone District. The approved percentage for a specific use is limited to that
use and not applicable to subsequent uses in the same space.
2. Multi-Family Housing. In addition to meeting the standards in Chapter 26.425,
Conditional Use, the following Standards shall be met.
a. The applicant must demonstrate that the residential use and individual units are
substantially removed and physically separated from Commercial Uses on the same
parcel, to the extent practicable, so as to isolate residential uses from commercial
impacts and to adequately provide for on-loading, off-loading, circulation and
parking for commercial uses.
G. Compliance with City of Aspen Charter. Any property located east of Castle Creek
that was in the Service/Commercial/Industrial (S/C/I) zone district on January 1, 2015, is
subject to the provisions of Article XIII Section 13.14, Voter authorization of certain land use
approvals, of the City of Aspen Charter.
(Ord. No. 2-1999, §1; Ord. No. 22-2005, §1; Ord. No. 4-2008; Ord. No. 27-2010, §4; Ord.
No. 39-2013, §3; Ord. No. 20-2015, §4; Ord. No. 29, 2016, §3)
City of Aspen Land Use Code
Part 700, NC zone
Page 1
26.710.170 Neighborhood Commercial (NC).
A. Purpose. The Neighborhood Commercial (NC) zone supports Aspen Area Community
Plan policies related to a sustainable, local serving economy and the preservation of a diversity
of commercial opportunities for locals and visitors. The zone district provides opportunities
for mixed-use development in close proximity to downtown at higher intensity than the Mixed
Use or surrounding residential neighborhood zone districts. The NC allows for a mix of
essential goods and services oriented businesses in close proximity to multi-modal transit
infrastructure.
The mix of uses in the NC is designed to provide for the daily needs of residents and visitors in
a built environment that enhances the community character of Aspen. Greater design flexibility
and increased setbacks from the CC and C1 zones allows for mixed-use development which
creates a transition from the downtown commercial areas and can accommodate retail, service
commercial, food service and related uses in conjunction with affordable housing on upper
floors as an ancillary use to the primarily commercial purpose of the zone. Limited on-site
parking is appropriate in conjunction with high traffic volume or residential uses and in addition
to multi-modal improvements.
B. Permitted uses. The following uses are permitted as of right in the Neighborhood
Commercial (NC) Zone District:
1. Uses allowed on all building levels: General retail, restaurant, bar and entertainment
uses, service uses, office uses, arts, cultural, civic and community uses, public uses,
recreational uses, academic uses, accessory uses and structures, uses and building
elements necessary and incidental to uses on other floors, including parking accessory
to a permitted use, storage accessory to a permitted use.
2. Uses allowed on upper floors: Affordable multi-family housing is permitted by right
where accessory to a commercial use on the property or required for on-site affordable
housing mitigation requirements. See 26.710.170.D.11 for affordable housing Floor
Area Ratio requirements. Affordable housing created pursuant to this subsection is
not eligible to be used for the creation of Certificates of Affordable Housing Credit,
pursuant to Chapter 26.540, unless for a fraction of a unit.
3. Free-Market Residential Units: No new Free-Market Residential Units may be
established. Free-Market Residential units are permitted on any level if they were
legally established (having received a Certificate of Occupancy, Development Order,
or applied for a Development Order (prior to Ordinance 29, Series of 2016).
4. Home Occupations and Vacation Rentals: Home Occupations and Vacation Rentals
are permitted only in legally established residential units.
C. Conditional uses. The following uses are permitted as conditional uses in the
Neighborhood Commercial (NC) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Commercial parking facility, pursuant to Chapter 26.515.
City of Aspen Land Use Code
Part 700, NC zone
Page 2
2. Automobile showroom and dealership.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Neighborhood Commercial (NC) Zone District. The
dimensional standards and allotments provided in this section for commercial and mixed-use
developments are the maximum allowable for the zone and may not be achieved for all
developments. Site constraints, historic resources, on-site mitigation and replacement
requirements, and other factors may prevent development from achieving some or all of the
maximum allowable dimensional standards.
1. Minimum Gross Lot Area (square feet): No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): five (5).
5. Minimum side yard setback (feet): five (5).
6. Minimum rear yard setback (feet): five (5).
7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.06.
8. Maximum height: twenty-eight (28) feet.
9. Minimum distance between buildings on the lot (feet): No requirement.
10. Public amenity space: Pursuant to Section 26.412.
11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 1.5:1. Achieving the maximum floor area ratio is subject
to compliance with applicable design standards, view plane requirements, public
amenity requirements and other dimensional standards. Accordingly, the maximum
FAR is not an entitlement and is not achievable in all situations.
a. Commercial uses: 1.5:1.
b. Arts, cultural, civic and community uses, public uses, recreational uses, academic
uses, and similar uses: 1:1.
c. Affordable multi-family housing: Greater of existing FAR and .5:1.
d. Free-market multi-family housing: Limited to the existing free-market multi-family
FAR. No expansion to FAR shall be permitted except at-grade patios, and decks
(other than roof-top decks), balconies, exterior stairways, trellis, and other similar
features up to 15% of the total free-market residential floor area. Any subsequent
City of Aspen Land Use Code
Part 700, NC zone
Page 3
reduction in floor area occupied by such residential use shall be deemed a new
limitation and the use shall not thereafter be enlarged to occupy a greater floor area.
Free-market residential units shall not be able to utilize any exemptions to floor area
outlined in Section 26.575.020(D), Measuring Floor Area, except as noted above.
12. Maximum multi-family residential dwelling size (square feet):
a) Category 1-7 Affordable multi-family housing: No limitation.
b) Resident Occupied Affordable multi-family housing: Individual units shall be
limited to 1,500 sq. ft. of net livable area.
c) Free-Market multi-family housing: Individual units shall be limited one thousand
five hundred (1,500) square feet of net livable area. Combination of Free-Market
residential units is permitted, but subject to the net livable size limitations herein, as
well as other provisions of this title.
d) Expansions Allowed: Notwithstanding the above, individual multi-family unit sizes
may be increased by extinguishing Historic Transferable Development Right
Certificates (“certificate” or “certificates”), subject to the following:
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,000 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the
use.
13. Commercial/residential ratio: When development includes mixed-uses the total
residential net livable area shall be no greater than 65% of the total commercial net
leasable and lodging net livable on the same parcel.
E. Compliance with City of Aspen Charter. Any property located east of Castle Creek that
was in the Neighborhood Commercial (NC) zone district on January 1, 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen Charter.
(Ord. No. 38-2000, §2; Ord. No. 12-2005, §1; Ord. No. 12-2006, §14, 15; Ord. No. 11, 2007;
Ord. No. 27-2010, §4; Ord. No. 34-2011, §15; Ord. No. 20-2015, §5; Ord. No. 29, 2016, §4)
City of Aspen Land Use Code
Part 700, MU zone
Page 1
26.710.180 Mixed-Use (MU).
A. Purpose. The Mixed Use (MU) zone serves as a transition from the more intense
commercial areas of the CC and C-1 zones, and the residential and lodging zones surrounding
Main Street. By allowing for a mix of commercial and residential uses and smaller-scale
development, the Mixed Use zone reflects Aspen’s historic character and provides different
economic and residential opportunities from more traditional commercial zones. Particularly
along Main Street, the Mixed Use zone serves as a buffer from the traffic of Highway 82 while
allowing for smaller scale commercial and residential opportunities.
Buildings in the Mixed Use zone consist primarily of commercial, service and office uses on
the ground floor, and residential and office uses on upper floors and off of the primary street
frontage. Uses in the MU zone should not erode the character of the neighborhood or create
excessive impacts to the surrounding residential and lodging zone. Standalone residential uses
are permitted on properties as a reflection of the historic residential nature of the zone district.
B. Permitted uses. The following uses are permitted as of right in the Mixed-Use (MU) Zone
District:
1. On historic landmark properties: Bed and breakfast.
2. General retail uses.
3. Specialty retail uses.
4. Restaurant, bar and entertainment uses.
5. Service uses.
6. Office uses.
7. Lodging.
8. Arts, cultural, civic and community uses.
9. Public uses.
10. Recreational uses.
11. Academic uses.
12. Affordable multi-family residential.
13. Free-market multi-family housing is permitted in a mixed use building if the housing
was legally established (having received a Certificate of Occupancy, Development
Order, or applied for a Development Order) prior to Ordinance 29, Series 2016. No
new Free-Market Residential Units may be established in mixed-use buildings.
14. Free-market multi-family residential when a stand-alone use, or in conjunction with
affordable multi-family residential.
15. Single-family residence, Duplex residence, or Two (2) detached single-family
residences. Accessory dwelling unit in a separate building accessed off the rear of a lot
as an accessory use.
16. Home occupations.
City of Aspen Land Use Code
Part 700, MU zone
Page 2
17. Accessory uses and structures.
18. Storage accessory to a permitted use.
19. Vacation rentals. Pursuant to Section 26.575.220
C. Conditional uses. The following uses are permitted as conditional uses in the Mixed-Use
(MU) Zone District, subject to the standards and procedures established in Chapter 26.425:
1. Commercial parking facility, pursuant to Chapter 26.515.
2. Automobile showroom and dealership.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Mixed-Use (MU) Zone District. The dimensional
standards and allotments provided in this section for commercial and mixed-use developments
are the maximum allowable for the zone and may not be achieved for all developments. Site
constraints, historic resources, on-site mitigation and replacement requirements, and other
factors may prevent development from achieving some or all of the maximum allowable
dimensional standards.
1. Minimum Gross Lot Area (square feet): 3,000.
2. Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwellings: 4,500. 3,000 for historic landmark
properties.
b. Duplex dwellings (square feet): 4,500. 3,000 for historic landmark
properties.
c. All other uses: Not applicable.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 10, which may be reduced to 5, pursuant to
Special Review, Chapter 26.430.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): 5.
7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.06.
8. Maximum height:
a. Detached residential and duplex dwellings: 25 feet.
b. All other uses: 28 feet.
9. Minimum distance between buildings on the lot (feet): 10.
10. Public amenity space: Pursuant to Section 26.412.
11. Floor Area Ratio (FAR):
City of Aspen Land Use Code
Part 700, MU zone
Page 3
a. The following FAR schedule applies to uses cumulatively and individually when
part of a commercial, lodging, or mixed-use development, as follows:
Use
Maximum
(allowed by right)
Maximum by special review
(see Subsection 26.430.040.A)
Main Street
Historic
District
All Other
Locations
Cumulative total of all uses 1:1 1.25:1 1.5:1
Commercial 1:1 1.25:1 1.5:1
Civic 1:1 1.25:1 1.5:1
Lodging 0.75:1 1:1 1:1
Affordable Housing No limitation other than cumulative total of all uses
b. The following FAR schedule applies to affordable housing and free-market
residential uses when developed as the only use of the parcel:
i. Affordable Housing, multi-family housing: Limited to cumulative total outlined
in Section 26.710.180.11.a, above.
ii. Free-market, affordable housing: 0.5:1, which may be increased to 0.75:1 if
affordable housing floor area equal to 100% of the free-market residential floor
area is developed on the same parcel.
c. The following FAR schedule applies to single-family and duplex uses when
developed as the only use of the parcel:
i. Detached residential and duplex dwellings established prior to the adoption of
Ordinance No. 7, Series of 2005: 100% of the allowable floor area of an
equivalent-sized lot located in the R-6 Zone District. (See R-6 Zone District.)
Receipt of a development order shall constitute the date the use was
established. Replacement after demolition shall not effect a new establishment
date for the purposes of this Section. City historic transferable development
rights shall not permit additional floor area for detached residential and duplex
dwellings.
ii. Detached residential and duplex dwellings established after the adoption of
Ordinance No. 7, Series of 2005: 80% of the allowable floor area of an
equivalent-sized lot located in the R-6 Zone District. (See R-6 Zone District.)
City historic transferable development rights shall not permit additional floor
area for detached residential and duplex dwellings.
12. Maximum multi-family residential dwelling unit size (square feet):
a) Category 1-7 Affordable multi-family housing: No limitation.
b) Resident Occupied Affordable multi-family housing: Individual units shall be
limited to 2,000 sq. ft. of net livable area.
City of Aspen Land Use Code
Part 700, MU zone
Page 4
c) Free-Market multi-family housing: Individual units shall be limited to 2,000 sq. ft.
of net livable area. Combination of Free-Market residential units is permitted, but
subject to the net livable size limitations herein, as well as other provisions of this
title.
d) Expansions Allowed: Notwithstanding the above, individual multi-family unit sizes
may be increased by extinguishing Historic Transferable Development Right
Certificates (“certificate” or “certificates”), subject to the following:
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the
use.
13. Commercial/residential ratio: When development includes mixed-uses, the total
residential net livable area shall be no greater than 150% the total commercial net
leasable and lodging net livable area located on the same parcel.
E. Compliance with City of Aspen Charter. Any property located east of Castle Creek that
was in the Mixed-Use (MU) zone district on January 1, 2015, is subject to the provisions of
Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
(Ord. No. 56-2000, §7 [part]; Ord. No. 25-2001, §5 [part]; Ord. 1-2002, §20; Ord. No. 7-
2005, §1 [part]; Ord. No. 12-2006, 13; Ord. No. 11, 2007; Ord. No. 27-2010, §4; Ord. No.34-
2011, §16; Ord. No. 17-2014, §2; Ord. No. 20-2015, §6; Ord. No. 29, 2016, §5)
City of Aspen Land Use Code
Part 700, L zone
Page 1
26.710.190 Lodge (L).
A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction,
renovation and operation of lodges, tourist-oriented multi-family buildings through short term
vacation rentals, high occupancy timeshare facilities and ancillary uses compatible with lodging
to support and enhance the City's resort economy. The City encourages high-occupancy
lodging development in this zone district. Therefore, certain dimensional incentives are
provided in this zone district, as well as other development incentives in Chapter 26.470,
Growth Management Quota System (GMQS).
B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone
District:
1. Hotel or lodge.
2. Timeshare lodge.
3. Exempt timesharing.
4. Offices and activities accessory to timeshare unit sales (see Section 26.590).
5. Bed and breakfast.
6. Conference facilities.
7. Uses associated with outdoor recreation facilities and events.
8. Accessory uses and structures. (Food service for on-site lodge guests is an accessory
use.)
9. Storage accessory to a permitted use.
10. Affordable multi-family housing accessory to a lodging or timeshare operation and for
employees of the operation.
11. Free-market multi-family housing.
12. Home occupations.
13. Vacation rentals. Pursuant to Section 26.575.220
C. Conditional uses. The following uses are permitted as conditional uses in the Lodge
(L) Zone District, subject to the standards and procedures established in Chapter 26.425:
1. Retail and restaurant uses.
2. Neighborhood commercial uses.
3. Service uses.
4. Arts, cultural and civic uses.
5. Public uses.
City of Aspen Land Use Code
Part 700, L zone
Page 2
6. Academic uses.
7. Child care center.
8. Commercial parking facility, pursuant to Chapter 26.515.
9. Affordable multi-family housing not accessory to a lodging or timeshare operation.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Lodge (L) Zone District:
1. Minimum Gross Lot Area (square feet): 3,000.
2. Minimum Net Lot Area per dwelling unit (square feet):
a. Free-market multi-family residential: 3,000.
b. Affordable multi-family residential: No requirement.
c. Lodge, timeshare lodge and exempt timesharing: No requirement.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 5.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): 5.
7. Minimum utility/trash/recycle area: pursuant to Section 26.575.060.
8. Maximum height:
a. Bed and breakfast (as a single use): 25 feet.
b. Multi-family (as a single use): 28 feet.
c. Lodge, timeshare lodge, exempt timesharing and mixed-use projects, with less
than one lodge unit per 500 square feet of Gross Lot Area: 28 feet.
d. Lodge, timeshare lodge, exempt timesharing and mixed-use projects, with one (1)
or more lodge units per 500 square feet of Gross Lot Area: 36 feet, which may be
increased to 40 feet through Commercial Design Review. See Chapter 26.412.
Also see Subsection 26.710.190.E.
e. Lodge, timeshare lodge, exempt timesharing and mixed-use projects, with one or
more lodge units per 500 square feet of Gross Lot Area and an average lodge unit
size of 450 square feet or less: 38 feet, which may be increased to 40 feet through
commercial design review. See Chapter 26.412. Also see Subsection E below.
9. Minimum distance between buildings on the lot (feet): 10.
10. Public amenity space: Pursuant to Section 26.575.030.
11. Floor area ratio (FAR):
City of Aspen Land Use Code
Part 700, L zone
Page 3
a. The following FAR schedule applies to commercial, lodge, timeshare lodge,
exempt timesharing and mixed-use projects with one (1) or more lodge units per
five hundred (500) square feet of Gross Lot Area. This FAR schedule is
cumulative, up to a total maximum FAR of 2.75:1 for parcels of twenty-seven
thousand (27,000) square feet or less in size and 2.5:1 for parcels greater than
twenty-seven thousand (27,000) square feet. Also see Subsection 26.710.190.E.
Unless otherwise stated below, a development's non-unit space shall not count
towards the FAR cap of an individual use category; however, the maximum FAR
cap for the parcel shall not be exceeded. Achieving the maximum floor area ratio
is subject to compliance with applicable design standards, view plane
requirements, public amenity requirements and other dimensional standards.
Accordingly, the maximum FAR is not an entitlement and is not achievable in all
situations.
1) Retail and restaurant uses; neighborhood commercial uses; service uses; arts,
cultural and civic uses; public uses; academic uses; child care centers: 0.25:1,
which may be increased to 0.5:1 by special review, pursuant to Section 26.430.
2) Lodge units, timeshare lodge units, exempt timesharing units: 2:1.
3) Commercial parking facility: 1:1.
4) Affordable multi-family housing: 0.25:1, which may be increased by special
review, pursuant to Chapter 26.430.
5) Free-market multi-family housing: The allowable floor area shall be based on
a percentage of the total net livable area of lodging units and affordable
housing units on the parcel and according to average lodge unit size on the
parcel, as defined in Table 26.710.109.1, below:
Table 26.710.109.1
Allowable Free-Market Residential FAR
Table 26.710.190.1
Average net livable area of
individual lodge units on the
parcel
Free-market residential FAR as a
percentage of total lodge unit and
affordable housing net livable area
Greater than 600 square feet 5%
600 square feet 15%
500 square feet 40%
400 square feet 50%
300 square feet or less 60%
When the average lodge unit size falls between the square footage categories,
the allowable free-market multi-family or large lodge/timeshare unit floor area
shall be determined by interpreting the above schedule proportionately. For
example, a lodge project with an average unit size of 450 square feet shall be
allowed to develop a free-market residential floor area up to 45% of the total
lodge unit net livable area.
City of Aspen Land Use Code
Part 700, L zone
Page 4
This percentage of free-market residential FAR may not be otherwise
established for a project through a planned development review.
All non-unit space attributable to free-market residential or large
lodge/timeshare units shall count towards the individual FAR allowance for
free-market residential or large lodge/timeshare units.
b. The following FAR schedule applies to commercial, lodge, timeshare lodge,
exempt timesharing and mixed-use projects, with less than one lodge unit per 500
square feet of Gross Lot Area. This FAR schedule is cumulative, up to a total
maximum FAR of 1.5:1 for parcels of twenty-seven thousand 27,000 square feet
or less in size and 1:1 for parcels greater than 27,000 square feet. Unless
otherwise stated below, a development's non-unit space shall not count towards the
FAR cap of an individual use category; however, the maximum FAR cap for the
parcel shall not be exceeded.
1) Commercial uses; arts, cultural and civic uses; public uses; academic uses;
child care center: .25:1, which may be increased to .5:1 by special review,
pursuant to Section 26.430.
2) Lodge units, Timeshare Lodge units, Exempt Timesharing units: 1:1.
3) Commercial Parking Facility: 1:1.
4) Affordable multi-family housing: .25:1, which may be increased by special
review, pursuant to Section 26.430.030.a
5) Free-market multi-family housing: .25:1. All non-unit floor area attributable
to free-market multi-family housing shall count towards the individual FAR
allowance for free-market multi-family housing.
c. The following FAR schedule applies to multi-family (as a single use) projects
established prior to the adoption of Ordinance No. 9, Series of 2005, cumulatively,
up to a total maximum FAR of 1:1. Receipt of a development order shall
constitute the date the use was established.
1) Affordable Multi-Family Housing: 1:1.
2) Free-Market Multi-Family Housing: 1:1.
d. The following FAR schedule applies to multi-family (as a single use) projects
established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to a
total maximum FAR of .75:1. Receipt of a development order shall constitute the
date the use was established.
1) Affordable Multi-Family Housing: .5:1.
2) Free-Market Multi-Family Housing: .5:1.
e. The following FAR schedule applies to bed and breakfast as a single use of the
parcel: 100% of the allowable floor area of a single-family residence on an
equivalent-sized lot located in the R-6 Zone District. (See R-6 Zone District.)
12. Maximum Multi-Family Residential Dwelling Unit Size (square feet): 1,500 sq. ft. of
net livable area.
City of Aspen Land Use Code
Part 700, L zone
Page 5
a. The property owner may increase individual multi-family unit size by
extinguishing historic transferable development right certificates ("certificate" or
"certificates"), subject to the following:
1) The transfer ratio is 500 square feet of net livable area for each certificate that
is extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,000 square feet of net livable area (i.e., no more than
500 additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the FAR of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates
E. Special review for density standard. The Planning and Zoning Commission may
approve an adjustment of the "density standard," and the project shall remain qualified for the
height, floor area, and growth management incentives associated with this standard. The
review shall be pursuant to the review procedures for special review, Chapter 26.430, and the
following criteria:
1. The density standard may be amended by a maximum of 10% to one lodge unit per
550 square feet of Gross Lot Area. An adjustment in excess of this increase may be
approved through adoption of a PD plan, but the project shall no longer be qualified
for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
F. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Lodge (L) zone district on January 1, 2015, is subject to the provisions
of Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
(Ord. No. 41-2000, §§1, 2; Ord. 56-2000, §§7 [part], 13; Ord. No. 25-2001, §5 [part]; Ord.
No. 21-2002, §§5, 6 [part]; Ord. No. 9-2005, §3; Ord. No. 50a-2005, §§7, 8; Ord. No. 25,
2006, §2; Ord. No. 10, 2007, §1; Ord. No. 27-2010, §4; Ord. No.34-2011, §17; Ord. No.20-
2015, §7)
City of Aspen Land Use Code
Part 700, CL zone
Page 1
26.710.200 Commercial Lodge (CL).
A. Purpose. The purpose of the Commercial Lodge (CL) Zone District is to provide for
the establishment of mixed-use commercial and lodge development by permitting commercial
uses on the ground floor with lodging development above. The City encourages high-
occupancy lodging development in this zone district through hotel, lodge and timeshare uses
and short term vacation rentals
B. Permitted uses. The following uses are permitted as of right in the Commercial
Lodge (CL) Zone District:
1. Uses allowed in basement and ground floors: Lodging uses, conference facilities, retail
and restaurant uses, office uses, neighborhood commercial uses, service uses, arts,
cultural and civic uses, public uses, recreational uses, academic uses, and child care
center. Uses and facilities necessary and incidental to uses on Upper Floors. Parking
shall not be allowed as the sole use of the ground floor. Automobile drive-through
service is prohibited.
2. Uses allowed on upper floors: Hotel or lodge, timeshare lodge, exempt timesharing,
offices and activities accessory to timeshare unit sales (see Chapter 26.590),
conference facilities, accessory uses, storage accessory to a permitted use, affordable
multi-family housing, free-market multi-family housing, vacation rentals. (Food
service for on-site lodge guests is an accessory use.)
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Lodge (CL) Zone District, subject to the standards and procedures established in
Chapter 26.425:
1. Retail and restaurant uses, neighborhood commercial uses, service uses, office uses,
arts, cultural and civic uses, public uses, academic uses or child care centers located on
upper floors.
2. Commercial parking facility, pursuant to Chapter 26.515.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Commercial Lodge (CL) Zone District:
1. Minimum Gross Lot Area (square feet): No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement.
7. Minimum utility/trash/recycle area: pursuant to Section 26.575.060.
City of Aspen Land Use Code
Part 700, CL zone
Page 2
8. Maximum height: 28 feet for two-story elements of a building. 36 feet for three-story
elements of a building, which may be increased to 40 feet through Commercial Design
Review. See Chapter 26.412. For projects with an average lodge unit size of four
hundred fifty (450) square feet or less, three-story elements of a building may be 38
feet, which may be increased to 40 feet through commercial design review.
9. Minimum distance between buildings on the lot (feet): No requirement.
10. Public amenity space: Pursuant to Section 26.575.030.
11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 2.5:1. Unless otherwise stated below, non-unit space
associated with individual uses shall be attributable to the individual FAR allowance.
Unless otherwise stated below, a development's non-unit space shall not count towards
the FAR cap of an individual use category; however, the maximum FAR cap for the
parcel shall not be exceeded. Achieving the maximum floor area ratio is subject to
compliance with applicable design standards, view plane requirements, public amenity
requirements and other dimensional standards. Accordingly, the maximum FAR is not
an entitlement and is not achievable in all situations.
a. Commercial uses; arts, cultural and civic uses; public uses; academic uses; child
care centers; commercial parking facility: 1:1.
b. Lodging units, timeshare lodging units and exempt timesharing units: 2:1.
c. Affordable multi-family housing: .25:1, which may be increased by special review,
pursuant to Section 26.430.d
d. Free-market multi-family housing: .25:1. All non-unit space attributable to Free-
Market Multi-Family Housing shall count towards the individual FAR allowance
for Free-Market Multi-Family Housing.
12. Maximum Residential Unit Size (square feet): 1,500 sq. ft. of net livable area.
a. The property owner may increase individual multi-family unit size by
extinguishing historic transferable development right certificates ("certificate" or
"certificates"), subject to the following:
1) The transfer ratio is five hundred (500) square feet of net livable area for each
certificate that is extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,000 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the FAR of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates
City of Aspen Land Use Code
Part 700, CL zone
Page 3
E. Special review for density standard. The Planning and Zoning Commission may
approve an adjustment of the "density standard," and the project shall remain qualified for the
growth management incentives associated with this standard. The review shall be pursuant to
the review procedures for special review, Chapter 26.430, and the following criteria:
1. The density standard may be amended by a maximum of 10% to one lodge unit per
550 square feet of Gross Lot Area. An adjustment in excess of this increase may be
approved through adoption of a PD plan, but the project shall no longer be qualified
for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
F. Compliance with City of Aspen Charter. Any property located east of the Castle
Creek River that was in the Lodge (L) zone district on January 1, 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen Charter.
(Ord. No. 21-2002, §§5 and 6 [part]; Ord. No. 9-2005, §2; Ord. No. 50a-2005, §9; Ord. No.
10, 2007, §2; Ord. No. 27-2010, §4; Ord. No.34-2011, §18; Ord. No.25-2012, §3; Ord.
No.20-2015, §8)
City of Aspen Land Use Code
Part 700, C zone
Page 1
26.710.220 Conservation (C).
A. Purpose. The purpose of the Conservation (C) Zone District is to provide areas of
low density development to enhance public recreation, conserve natural resources, encourage
the production of crops and animals and to contain urban development.
B. Permitted uses. The following uses are permitted as of right in the Conservation (C)
Zone District:
1. Detached residential dwelling.
2. Park, playfield, playground and golf course.
3. Riding stable.
4. Cemetery.
5. Crop production orchards, nurseries, flower production and forest land.
6. Pasture and grazing land.
7. Dairy.
8. Fishery.
9. Animal production.
10. Husbandry services (not including commercial feedlots) and other farm and
agricultural uses.
11. Railroad right-of-way, but not a railroad yard.
12. Home occupations.
13. Accessory buildings and uses.
14. Accessory dwelling units meeting the provisions of Section 26.520.040.
15. Temporary special events associated with ski areas including, but not limited to, such
events as ski races, bicycle races and concerts; with Special Event Committee
approval.
C. Conditional uses. The following uses are permitted as conditional uses in the
Conservation (C) District, subject to the standards and procedures established in Chapter
26.425.
1. Guest ranches.
2. Recreational uses including a riding academy, stable, club, country club and golf
course.
3. Ski lift and other ski facilities.
4. Sewage disposal area.
City of Aspen Land Use Code
Part 700, C zone
Page 2
5. Water treatment plant and storage reservoir.
6. Electric substations and gas regulator stations (not including business or
administration offices).
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Conservation (C) Zone District.
1. Minimum Gross Lot Area (acres): 10.
2. Minimum Net Lot Area per dwelling unit (acres): 10
3. Minimum lot width (feet): 400.
4. Minimum front yard setback (feet): 100.
5. Minimum side yard setback (feet): 30.
6. Minimum rear yard setback (feet): 30.
7. Maximum height: twenty-five (25) feet.
8. Minimum distance between principal and accessory buildings (feet): No requirement.
9. Percent of open space required for building site: No requirement.
10. External floor area ratio: (applies to conforming and nonconforming lots of record):
same as R-15 Zone District.
(Ord. No. 32-1999, § 2; Ord. No. 56-2000, §§ 4, 7 [part], 14; Ord. No. 25-2001, §§ 3, 5 [part];
Ord, No. 13-2005, § 4; Ord. No. 27-2010, §4)
City of Aspen Land Use Code
Part 700, A zone
Page 1
26.710.230 Academic (A).
A. Purpose. The purpose of the Academic (A) Zone District is to establish lands for
education and cultural activities with attendant research, housing and administrative facilities.
All development in the Academic Zone District shall be in compliance with a Final Planned
Development approval granted pursuant to the provisions of Chapter 26.445, Planned
Development.
B. Permitted uses. The following uses are permitted as of right in the Academic (A)
Zone District:
1. Private school or university, teaching hospital, research facility or testing laboratory,
provided that such facilities are enclosed and there are no adverse noise or
environmental effects.
2. Auditorium and other facilities for performances and lectures.
3. Gallery;
4. Museum;
5. Library;
6. Administrative offices.
C. Conditional uses. The following uses are permitted as conditional uses in the
Academic (A) Zone District, subject to the standards and procedures established in Chapter
26.425.
1. Boardinghouse and dormitory for housing students and faculty of schools and other
academic institutions;
2. Student health care facility; and
3. Student and faculty dining hall.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Academic (A) Zone District shall be set by the adoption
of a Final Planned Development approval granted pursuant to the provisions of Chapter 26.445,
Planned Development.
(Ord. No.36-2013, §18)
City of Aspen Land Use Code
Part 700, P zone
Page 1
26.710.240 Park (P).
A. Purpose. The purpose of the Park (P) Zone District is to ensure that land intended for
recreation use is developed so as to serve its intended use, while not exerting a disruptive
influence on surrounding land uses.
1. When a Park (P) Zone District is designated with a Transportation Overlay (T) Zone
District designation, its purpose is to provide for the use of for both parks and public
transportation facilities in the most compatible manner practicable, but with the park
character remaining dominant.
2. When a Park (P) Zone District is designated with a Drainage Overlay (D) Zone
District designation, its purpose is to provide for the use of both park and drainage
system facilities in the most compatible manner practicable, with the park character
remaining dominant.
3. When the Park (P) Zone District is designated both with the Transportation Overlay
(T) Zone District and the Drainage Overlay (D) Zone District, its purpose is to provide
for the use of parks, public transportation facilities and drainage system facilities in
the most compatible manner practicable, with the park character remaining dominant.
4. When the Park (P) Zone District is designated Golf Course Support (GCS) Overlay
Zone District, its purpose is to provide for the use of public golf courses and adjacent
support facilities in the most compatible manner practicable, with the park character
remaining dominant.
B. Permitted uses. The following uses are permitted as of right in the Park (P) Zone
District:
1. Open-use recreational facility, park, playfield, playground, swimming pool, golf
course, riding stable, nursery, botanical garden; and
2. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as conditional uses in the Park
(P) Zone District, subject to the standards and procedures established in Chapter 26.425:
1. Recreation building.
2. Sport shop.
3. Restaurant facility.
4. Park maintenance building.
5. Farmers' market, as defined in Section 26.04.100, provided:
a. It operates no more than two (2) days per week, unless modified by the
Commission under the conditional use review;
b. It opens to the public no earlier than 7 a.m. and closes no later than 2 p.m., unless
modified by the Commission under the conditional use review; and
City of Aspen Land Use Code
Part 700, P zone
Page 2
c. It shall be limited to those weeks that fall between the first Saturday in June and
the weekend following the Thanksgiving holiday, inclusive, unless modified by
the Commission under the conditional use review.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Park (P) Zone District shall be set by the adoption of a
Final Planned Development approval granted pursuant to the provisions of Chapter 26.445,
Planned Development.
(Ord. No. 36-2013, § 19)
City of Aspen Land Use Code
Part 700, PUB zone
Page 1
26.710.250 Public (PUB).
A. Purpose. The purpose of the Public (PUB) Zone District is to provide for the
development of governmental, quasi-governmental and nonprofit facilities for cultural,
educational, civic and other nonprofit purposes.
B. Permitted uses. The following uses are permitted as of right in the Public (PUB)
Zone District:
1. Library;
2. Museum;
3. Post office;
4. Hospital;
5. Essential governmental and public utility uses, facilities, services and buildings
(excluding maintenance shops);
6. Public transportation stop;
7. Terminal building and transportation-related facilities;
8. Public surface and underground parking areas;
9. Fire station;
10. Public and private school;
11. Public park;
12. Arts, cultural and recreational activities, buildings and uses;
13. Accessory buildings and uses;
14. Public and private nonprofit uses providing a community service; and
15. Child care center.
C. Conditional uses. The following uses are permitted as conditional uses in the Public
(PUB) Zone District, subject to the standards and procedures established in Chapter 26.425.
1. Maintenance shop.
2. Affordable housing.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Public (PUB) Zone District shall be set by the adoption
of a Final Planned Development approval granted pursuant to the provisions of Chapter
26.445, Planned Development.
(Ord. No. 42-2000, § 2; Ord. No. 36-2013, §20)
City of Aspen Land Use Code
Part 700, OS zone
Page 1
26.710.260 Open Space (OS).
A. Purpose. The purpose of the Open Space (OS) Zone district is to preserve, protect
and enhance lesser developed or undeveloped areas within the City containing unique
naturally occurring or manmade landscape features which provide visual relief and enjoyment
while reflecting or presenting community artistic or architectural statements. Development in
the Open Space (OS) Zone District should emphasize and be consistent with the natural
dynamic state of the land and minimize disruption of existing natural conditions.
B. Permitted uses. The following uses are permitted as of right in the Open Space (OS)
Zone District:
1. Paved and unpaved walkways.
2. Benches.
3. Sculpture.
4. Water features such as ponds, streams or fountains.
5. Architectural lighting and downcast low-illumination lighting for walkways and trails.
6. Sculptured or manicured landscape features.
7. Fencing.
C. Conditional uses. None.
City of Aspen Land Use Code
Part 700, WP zone
Page 1
26.710.270 Wildlife Preservation (WP).
A. Purpose. The purpose of the Wildlife Preservation (WP) Zone District is to secure
and protect undeveloped or less developed areas within the City from traditional development
activities so as to provide for the nurturing and preservation of naturally occurring vegetation,
topography, wildlife and wildlife habitat while permitting controlled and limited human use
and activities.
B. Permitted uses. The following uses are permitted as of right in the Wildlife
Preservation (WP) Zone District:
1. Unpaved walkways and trails.
2. Benches.
3. Pedestrian bridges.
C. Conditional uses. The following uses are permitted as conditional uses in the
Wildlife Preservation (WP) Zone District, subject to the standards and procedures established
in Chapter 26.425:
1. Paved walkways and trails.
2. Fencing.
3. Downcast low-illumination lighting for walkways and trails.
City of Aspen Land Use Code
Part 700, T zone
Page 1
26.710.280 Transportation Overlay (T) Zone District.
A. Purpose. The purpose of the Transportation Overlay (T) Zone District is to provide
for the uses necessary to accommodate the public transportation needs of the City, including
the bus system, public parking and similar uses.
B. Permitted uses. The following uses are permitted as of right in the Transportation
Overlay (T) Zone District:
1. Public transportation facilities, including bus stops and other transit stops.
2. Terminal buildings.
3. Transportation information and other service related facilities.
4. Public underground parking structures.
5. The permitted uses of the underlying Zone District.
C. Conditional uses. There are no uses permitted as conditional uses in the
Transportation Overlay (T) District, except the conditional uses of the underlying Zone
District.
D. Dimensional requirements. The dimensional requirements for all uses in the
Transportation Overlay (T) Zone District, shall be the dimensional requirements established
for those uses in the underlying Zone District.
City of Aspen Land Use Code
Part 700, D zone
Page 1
26.710.290 Drainage Overlay (D) Zone District.
A. Purpose. The purpose of the Drainage Overlay (D) Zone District is to provide for the
uses necessary to accommodate the water draining from Aspen Mountain, as well as to retain
the drainage discharging from the City's drainage system.
B. Permitted uses. The following uses are permitted as of right in the Drainage Overlay
(D) Zone District:
1. All uses required by the City Runoff Management Plan, including conduits, swales,
retention ponds and appurtenances.
2. The permitted uses of the underlying Zone District.
C. Conditional uses. There are no uses permitted as conditional uses in the Drainage
Overlay (D) Zone District, except the conditional uses allowed in the underlying Zone
District.
D. Dimensional requirements. The dimensional requirements for all uses in the
Drainage Overlay (D) Zone District shall be the dimensional requirements established for
those uses in the underlying Zone District.
City of Aspen Land Use Code
Part 700, GCS zone
Page 1
26.710.300 Golf Course Support Overlay (GCS) Zone District.
A. Purpose. The purpose of the Golf Course Support Overlay (GCS) Zone district is to
provide for the uses necessary to support the City Golf Course and to permit such other uses
as may be required for the facility on a year round basis.
B. Permitted uses. The following uses are permitted as of right in the Golf Course
Support Overlay (GCS) Zone District:
1. Lodge;
2. Conference facilities;
3. Restaurant and bar;
4. Sport shop;
5. Golf and maintenance facilities;
6. Active recreational facilities such as tennis courts and swimming pools;
7. Housing for lodge employees;
8. Parking lot; and
9. The permitted uses of the underlying Zone District.
C. Conditional uses. There are no uses permitted as conditional uses in the Golf Course
Support Overlay (GCS) Zone District, except the conditional uses of the underlying Zone
District.
D. Dimensional requirements. The dimensional requirements for all uses in the Golf
Course Support Overlay (GCS) Zone District shall be the dimensional requirements
established for those uses in the underlying Zone District.
City of Aspen Land Use Code
Part 700, LO zone
Page 1
26.710.310 Lodge Overlay (LO) Zone District.
A. Purpose. The purpose of the Lodge Overlay (LO) Zone District is to provide for
lodge uses and short term vacation rentals in areas of the City suitable for lodge
accommodations but which lie in predominantly residential neighborhoods or where there are
limitations on development that necessitate the permitted density to be significantly less than
that in the City's other lodge Zone Districts.
B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay
(LO) Zone District:
1. The uses permitted in the underlying zone district.
2. Hotel or lodge.
3. Timeshare lodge.
4. Exempt timesharing.
5. Bed and breakfast.
6. Offices and activities accessory to timeshare unit sales (see Chapter 26.590).
7. Conference facilities.
8. Uses associated with outdoor recreation facilities and events.
9. Accessory uses and structures. (Food service for on-site lodge guests is an accessory
use.)
10. Storage accessory to a permitted use.
11. Affordable housing accessory to a lodging or timeshare operation and for employees
of the operation.
12. Free-market multi-family housing.
13. Vacation rentals. Pursuant to Section 26.575.220.
C. Conditional uses. The following uses are permitted as conditional uses in the Lodge
Overlay (LO) Zone District, subject to the standards and procedures established in Chapter
26.425:
1. The uses allowed as conditional uses in the underlying zone district.
2. Affordable housing intended for the general public.
3. Restaurant.
D. Dimensional requirements. The dimensional requirements for all uses in the Lodge
Overlay (LO) Zone District shall be the dimensional requirements established for those uses
in the underlying zone district. Where no specific dimensions have been established for the
use, the permitted dimensions shall be limited to that of a single-family residence or multi-
City of Aspen Land Use Code
Part 700, LO zone
Page 2
family residences where such uses are permitted in the underlying zone district. Upon
consideration of the neighborhood compatibility and the dimensional requirements of
surrounding zone districts, the dimensional requirements may be established pursuant to
Chapter 26.445 - Planned Development.
As part of the PD review, an adjustment of the "density standard" may be approved, and the
project shall remain qualified for the growth management incentives associated with this
standard. The review shall consider the following criteria:
1. The density standard may be amended by a maximum of 20% to one lodge unit per
600 square feet of Gross Lot Area. An adjustment in excess of this increase may be
approved through adoption of a PD plan, but the project shall no longer be qualified
for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
The amount of associated free-market residential floor area to be included in a lodging project
shall be as defined in the Lodge (L) Zone District, Subparagraph 26.710.190.D.11.a.5.
E. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Lodge Overlay (LO) zone district on January 1, 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen Charter.
(Ord. No. 9-2005, §3; Ord. No. 10, 2007, §3; Ord. No.34-2011, §19; Ord. No.20-2015, §9)
City of Aspen Land Use Code
Part 700, LPO zone
Page 1
26.710.320 Lodge Preservation Overlay (LP) Zone District.
A. Purpose. The purpose of the Lodge Preservation (LP) Overlay Zone District is to
provide for and protect small lodge uses on properties historically used for lodge
accommodations, to permit redevelopment of these properties to accommodate lodge and
affordable housing uses, to provide uses accessory and normally associated with lodge and
affordable housing development, to permit short term vacation rentals of residential units, to
encourage development which is compatible with the neighborhood and respective of the
manner in which the property has historically operated and to provide an incentive for
upgrading existing lodges on site or onto adjacent properties.
B. Permitted uses. The following uses are permitted as of right in the Lodge
Preservation (LP) Overlay Zone District:
1. The uses permitted in the underlying zone district.
2. Hotel or lodge.
3. Timeshare lodge.
4. Exempt timesharing.
5. Bed and breakfast.
6. Dormitory.
7. Offices and activities accessory to timeshare unit sales (see Chapter 26.590).
8. Conference facilities.
9. Uses associated with outdoor recreation facilities and events.
10. Accessory uses and structures. (Food service for on-site lodge guests is an accessory
use.)
11. Storage accessory to a permitted use.
12. Affordable housing accessory to a lodging or timeshare operation and for employees
of the operation.
13. Free-market multi-family housing.
14. Vacation rentals. Pursuant to Section 26.575.220.
C. Conditional uses. The following uses are permitted in the Lodge Preservation (LP)
Overlay Zone District, subject to the standards and procedures established in Chapter 26.425
of this Code:
1. The uses allowed as conditional uses in the underlying zone district.
2. Affordable housing intended for the general public.
3. Restaurant.
City of Aspen Land Use Code
Part 700, LPO zone
Page 2
D. Dimensional requirements. The dimensional requirements for all uses in the Lodge
Preservation (LP) Overlay Zone District shall be the dimensional requirements established for
those uses in the underlying zone district. Where no specific dimensions have been
established for the use, the permitted dimensions shall be limited to that of a single-family
residence or multi-family residences where such uses are permitted in the underlying zone
district. Upon consideration of the neighborhood compatibility and the dimensional
requirements of surrounding zone districts, the dimensional requirements may be established
pursuant to Chapter 26.445 - Planned Development.
As part of the PD review, an adjustment of the "density standard" may be approved, and the
project shall remain qualified for the growth management incentives associated with this
standard. The review shall consider the following criteria:
1. The density standard may be amended by a maximum of 20% to one lodge unit per
600 square feet of Gross Lot Area. An adjustment in excess of this increase may be
approved through adoption of a PD plan, but the project shall no longer be qualified
for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
The amount of associated free-market residential floor area to be included in a lodging project
shall be as defined in the Lodge (L) Zone District - Section 26.710.190.D.11.a.5.
E. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Lodge Preservation Overlay (LP) zone district on January 1, 2015, is
subject to the provisions of Article XIII Section 13.14, Voter authorization of certain land
use approvals, of the City of Aspen Charter.
(Ord No. 39-1999, §6; Ord. No. 41-1999, §§8, 9; Ord. No. 21-2002, §§3, 5, 6 [part]; Ord. No.
9-2005, §4; Ord. No. 10, 2007, §4; Ord. No.34-2011, §20; Ord. No.20-2015, §10)
City of Aspen Land Use Code
Part 700, SKI zone
Page 1
26.710.330 Ski Area Base (SKI).
A. Purpose. The purpose of the Ski Area Base (SKI) Zone District is to provide for areas
which allow for a mixture of uses related to ski area uses and operations including, skiing and
appurtenant uses and structures, ski area administrative offices, recreation, lodge/hotel, retail,
restaurant and bar uses, tourist-oriented service uses, residential uses, and short term vacation
rentals. It is intended that this Zone District will apply to areas located at the base of ski areas
and all development within this district will be master planned through a planned
development (PD) process.
B. Permitted uses. The following uses are permitted as of right in the Ski Area Base
(SKI) Zone District:
1. Alpine and Nordic ski areas, related uses and support facilities typically associated
with the uses and operations of ski areas.
2. Lodge units.
3. Hotel.
4. Multi-family dwellings.
5. Detached residential or duplex dwellings.
6. Dining rooms, customary accessory commercial uses, laundry and recreational
facilities located on the same site of and for guests of lodge units, hotels and dwelling
units.
7. Accessory residential dwellings restricted to Affordable Housing Guidelines and
Section 26.520.040.
8. Ski area administrative offices.
9. Restaurants and bars.
10. Special events associated with ski areas including such events as ski races, bicycle
races and concerts; with special event committee review.
11. Parks, outdoor recreational uses and trails.
12. Recreational facility.
13. Retail establishments.
14. Public transportation stop.
15. Terminal building and transportation related facilities.
16. Medical clinic accessory to the ski area.
17. Fire, police and emergency services facilities.
18. Accessory buildings and uses.
City of Aspen Land Use Code
Part 700, SKI zone
Page 2
19. Outdoor vendor carts or areas for food and beverages sales and preparation.
20. Timeshare lodge.
21. Exempt timesharing.
22. Vacation rentals. Pursuant to Section 26.575.220
C. Conditional uses. The following uses are permitted as conditional uses in the Ski
Area Base (SKI) Zone District, subject to the standards and procedures established in Chapter
26.425:
1. Daycare center.
2. Offices, business.
3. Public and private surface and underground parking areas.
4. Essential governmental and public utility uses, facilities, services and buildings
(excluding maintenance shops).
5. Post office substation.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Ski Area Base (SKI) Zone District shall be set by the
adoption of a final development plan, pursuant to Chapter 26.445, of planned development.
E. Signs. Signs within the Ski Area Base (SKI) Zone District shall be subject to the
provisions of Chapter 26.510, Signs. A sign master plan may be approved in conjunction
with a PD review process allowing for the establishment of dimensional and quantity sign
standards for the PD.
(Ord. No. 35-2000, §1; Ord. No. 21-2002 §§5, 6 [part]; Ord. No.34-2011, §21)
City of Aspen Land Use Code
Part 700, EBO zone
Page 1
26.710.340 Essential Business Overlay (EBO) Zone District.
A. Purpose. The purpose of the Essential Business Overlay (EBO) Zone District is to
encourage businesses that accommodate the basic consumer needs of Aspen residents and
visitors. The EBO provides alternative use standards from the underlying zoning to allow
redevelopment to create spaces useful to locally serving, non-traditional or other uses not
anticipated in the zoning code. The EBO also provides opportunities for public-private
partnerships, where agencies and developers partner to create useful, non-traditional spaces,
including live-work, business incubators and other mixed-use development models. This zone
is a voluntary overlay that may be applied to properties in the S/C/I and NC zones to enable
quality redevelopment and achieve desired use and design outcomes. The EBO is applied
through the rezoning process. Approval is contingent upon meeting the criteria in Section
26.310.
B. Permitted and conditional uses.
1. Permitted Uses: Those allowed in the underlying zone district. In addition, General
Retail uses, Service/Commercial/Industrial uses, Service uses, and farmer’s markets are
permitted uses.
2. Conditional Uses: Those allowed as conditional uses in the underlying zone district, as
well as restaurant, bar, and entertainment uses for the SCI zone district.
3. Residential uses are not permitted in the EBO Zone, unless the uses are accessory to a
commercial use on the property or part of a live-work arrangement where the
predominant uses on the site are commercial, and the uses are approved as a condition
of rezoning (see subsection C.2 below). The EBO zone may not be applied to an
existing residential use, unless the applicant for rezoning enters into a binding
commitment to demolish or redevelop the residential uses for a use permitted in the
EBO Zone, or the residential use is approved as part of the rezoning.
C. Dimensional requirements. The dimensional requirements for all uses in the Essential
Business Overlay (EBO) Zone District shall be the dimensional requirements established for
those uses in the underlying zone district, except as provided below.
1. The following dimensional standards apply:
Minimum Gross Lot Area (square feet): No requirement.
Minimum Net Lot Area per dwelling unit
(square feet):
No requirement.
Minimum lot width (feet): No requirement.
Minimum front yard setback (feet): No requirement.
Minimum side yard setback (feet): No requirement.
Minimum rear yard setback (feet): No requirement.
Minimum Utility/Trash/Recycle area: Pursuant to Chapter 12.06.
Maximum height: Limited to underlying zoning.
City of Aspen Land Use Code
Part 700, EBO zone
Page 2
Minimum distance between buildings on the
lot (feet):
No requirement.
Pedestrian Amenity Space: Pursuant to Section 26.412.
Floor Area Ratio (FAR) Limited to underlying zoning.
Minimum Commercial FAR 1:1
2. The applicant may apply for alternative dimensional requirements as a condition of
rezoning, taking into consideration neighborhood compatibility and the dimensional
requirements of surrounding zone districts. Under no circumstances shall the overall
FAR allowed in the underlying zone district be exceeded. In addition, no reductions
in required mitigation may be requested through the EBO rezoning.
D. Transportation and Parking Management. See Chapter 26.515, except that the
maximum spaces allowed (Section 26.515.040.E, Table 26.515-1) do not apply to the EBO
district.
(Ord. No. 29, 2016, §6)