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HomeMy WebLinkAboutChapter 26.575 - Misc. Supplemental RegulationsChapter 26.575 MISCELLANEOUS SUPPLEMENTAL REGULATIONS Sections: 26.575.010 General 26.575.020 Calculations and measurements 26.575.030 Public amenity 26.575.040 Reserved 26.575.045 Junkyards and service yards 26.575.050 Fences 26.575.060 Utility/trash/recycle service areas 26.575.070 Use square footage limitations 26.575.080 Child care center 26.575.090 Home occupations 26.575.100 Landscape maintenance 26.575.110 Building envelopes 26.575.120 Satellite dish antennas 26.575.130 Wireless telecommunication services facilities and equipment 26.575.140 Accessory uses and accessory structures 26.575.150 Outdoor lighting 26.575.160 Dormitory 26.575.170 Fuel storage tanks 26.575.180 Restaurant 26.575.190 Farmers' market 26.575.200 Group homes 26.575.210 Lodge occupancy auditing 26.575.220 Vacation rentals 26.575.010 General Regulations specified in other Sections of this Title shall be subject to the following supplemental regulations. 26.575.020 Calculations and Measurements A. Purpose. This section sets forth methods for measuring floor area, height, setbacks, and other dimensional aspects of development and describes certain allowances, requirements and other prescriptions for a range of structural components, such as porches, balconies, garages, chimneys, mechanical equipment, projections into setbacks, etc. The definitions of the terms are set forth at Section 26.104.100 — Definitions. B. Limitations. The prescribed allowances and limitations, such as height, setbacks etc., of distinct structural components shall not be aggregated or combined in a manner that supersedes the dimensional limitations of an individual structural component. For example, if a deck is permitted to be developed within five feet of a property boundary and a garage must be a minimum of ten feet from the same property boundary, a garage with a deck on top of it may not be developed any closer than ten feet from the property boundary or otherwise produce an aggregated structural component at extends beyond the setback limit of a garage. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 1 Non -conforming aspects of a property or structure are limited to the specific physical nature of the non -conformity. For example, a one-story structure which extends into the setback may not be developed with a second -story addition unless the second story complies with the required setback. Specific non -conforming aspects of a property cannot be converted or exchanged in a manner that creates or extends a different specific non -conforming aspect of a property. For example, a property that exceeds the allowable floor area and contains deck area that exceeds the amount which may be exempted from floor area cannot convert deck space into additional interior space. C. Measuring Net Lot Area. A property's development rights are derived from Net Lot Area. This is a number that accounts for the presence of steep slopes, easements, areas under water, and similar features of a property. The method for calculating a parcel's Net Lot Area is as follows: Table 26.575.020-1 Percent of parcel to Percent of parcel to be be included in Net included in Net Lot Lot Area to Area to determine determine allowable allowable Density Floor Area Areas of a parcel with 0% to 20% slope. Notes 100% 100%° 2, 3. Areas of a parcel with more than 20% and up For properties in the to 30%o'slope. Notes 2, 3. R-15B Zone: 100% 100% For all other properties: 50%. Areas of a parcel with more than0% slope. For properties in the Notes 2, 3. R-15B Zone: 100% 100% For all other properties: 0%. Areas below the high water line of a river or 0% 0% natural body of water. Note 1. Areas dedicated to the City or County for open 100% 100% space or a public trail. Areas within an existing, dedicated, reserved for dedication, proposed for dedication by the application, or vacated public vehicular right- 0% 0% of -way, public vehicular easement, or vehicular emergency access easement. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 2 Areas within an existing, dedioated, reserved for dedication, or proposed for 'dedication by the application private vehicular right-of-way or 0% 0% vehicular easement. Notes 4, 5. Areas within a vacated private vehicular right- of-way or vehicular easement, when any affected parcel has no other established physical 0% 0% and legal means of accessing a public way. Notes 4, 5. Areas within a vacated private vehicular right- of-way or vehicular easement, when all affected parcels have established alternate physical and 100% 100% legal means of accessing a public way. Notes 4, 5. Areas of a property subject to above ground or below ground surface easements such as 100% 100% utilities or an irrigation ditch that do not coincide with vehicular easements. Notes for Table 26.575.020 -1: 1. Lot Area shall not be reduced due to the presence of man-made water courses or features such as ditches or ponds. 2.In instances where the natural grade of a property has been affected by prior development activity, the Community Development Director may accept an estimation of pre -development topography prepared by a registered land surveyor or civil engineer. The Director may require additional historical documentation, technical studies, reports, or other information to verify a pre -development topography. 3. The total reduction in Floor Area attributable to a property's slopes shall not exceed 25%, 4. Areas of a property within a shared driveway easement, when both properties sharing the easement abut a public right-of-way, shall not be deducted from Lot Area. This enables adjacent property owners to combine two driveways into one without reducing development rights. 5. When a property of 9,000 square feet or less contains a private vehicular access easement dedicated to no more than one back parcel, when such back parcel has no other means of access, the area of the access easement shall not be deducted from Lot Area for either Floor Area or density purposes. Otherwise, areas of a vehicular access easement serving another parcel shall be deducted from Lot Area as provided in the table above. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 3 (. Measuring Floor Area. the following applies: 1: Shared Driveway Easement In measuring floor areas for floor area ratio and allowable floor area, 1. General. Floor area shall be attributed to the lot or parcel upon which it is developed. In measuring a building for the purposes of calculating floor area ratio and allowable floor area, there shall be included all areas within the surrounding exterior walls of the building or portion thereof. When measuring from the exterior walls, the measurement shall be taken from the exterior face of foaming, exteriorface of structural block, exterior face of straw bale, or similar exterior surface of the nominal structure excluding sheatlTine, vanor barrier, weatherproofing membrane, exterior -mounted insulation systems, and excluding all exterior veneer and surface treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior veneer treatments. (Also, see setbacks.) OUTSIDE INSIDE Window -r Exterior Face Property of Framing' Line _ Window Sill ,. C_. Wood Veneer L --~ I Framing � Stone Veneer .1.{— Setback measured to Floor Area Measured to Face of Framing edge of veneer Figure 2: Measuring to Face of Framing City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 4 2. Vertical circulation. When calculating vertical circulation, the circulation element shall be counted as follows: a) For stairs and elevators, the area of the feature shall be projected down and counted on the lower of the two levels connected by the element and not counted as Floor Area on the top -most interior floor served by the element. b) When a stairway or elevator connects multiple levels, the area of the feature shall be counted on all levels as if it were a solid floor except that the area of the feature shall not be counted as Floor Area on the top -most interior level served by the element. c) Mechanical and overrun areas above the top -most stop of an elevator shall not be counted as Floor Area. Areas below the lowest stop of an elevator shall not be counted as Floor Area. 3. Attic Space and Crawl S ace. Unfinished and uninhabitable space between the ceiling joists and roof rafters of a structure or between the ground and floor framing which is accessible only as a matter of necessity is exempt from the calculation of Floor Area as described below. Drop ceilings are not included in the height measurement for crawl spaces. Crawl spaces that meet the following are exempt from Floor Area calculations: 1. 5 feet 6 inches or less in height measured between the hard floor structure and floor framing; and 2. Accessible only through an interior floor hatch, exterior access panel, or similar feature; and 3. Are the minimum height and size reasonably necessary for the mechanical equipment. Stacked crawl spaces do not qualify for the Floor Area exemption. Crawl spaces greater than 5 feet 6 inches in height count toward Floor Area in accordance with Section 26.575.020.D.8 Subgrade areas. Attic space that is conveniently accessible and is either habitable or can be made habitable shall be counted in the calculation of Floor Area. Areas of an attic level with thirty (30) vertical inches or less between the finished floor level Figure 3: Thirty inch height exemption City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 5 and the finished ceiling shall be exempt, regardless of how that space is accessed or used. If any portion of the attic or crawl space of a structure is to be counted, then the entire room shall be included in the calculation of Floor Area. Examples of attic and crawl spaces that do and do not count toward Floor Area: a) An attic area created above a "hung" or "false" ceiling is exempt. b) A crawl space that is 6 feet in height that is accessible only through an interior hatch counts. c) An attic area accessible only through an interior pull -down access ladder is exempt. d) An unfinished attic space or an unfinished crawl space over 4 feet in height which has convenient access is counted. e) A crawl space that is 5 feet 6 inches in height, is accessible only through an interior hatch and is a reasonable size to accommodate the mechanical equipment is exempt. hDecks Balconies Loggias Gazebos Trellis Exterior Stairways and non -Street -facing op rches. The calculation of the Floor Area of a building or a portion thereof shall not include decks, balconies, trellis, exterior stairways, non -Street facing porches, gazebos and similar features, unless the area of these features is greater than fifteen pe�oof the allowable floor area for the property and the use and density proposed, or as otherwise exempted by this Section. If the area of these features exceeds fifteen percent (15%) of the property's allowable Floor Area (for that use and density proposed) only the areas in excess of the fifteen percent (15%) shall be attributed towards the allowable Floor Area for the property. The allowable Floor Area for the purpose of this calculation refers to the Floor Area calculation based on the Net Lot Area, as defined in this chapter or as prescribed by a site specific approval, with the following exceptions: Floor Area bonus, or established or extinguished Transferrable Development Right certificates are not included. S Decks, balconies, exterior stairways, trellis, and similar features of a mixed use, commercial, cE or lodge building located within the Commercial Core (CC) Zone District, Mixed Use (MU) I Zone District, the Commercial (C-1) Zone District, the Neighborhood Commercial (NC) Zone District, the Lodge (L) Zone District, or the Commercial Lodge (CL) Zone District shall be exempt from Floor Area calculations. The area of the following features count toward deck calculation: railing, permanently fixed seating, permanently fixed grills, and similar permanently fixed features. Permanent planter boxes and green roofs that are a minimum of 30" in height above or below the deck surface, measured from the deck surface to t e bottom of the planter box or green roof surface, and that are permanently built into the structure of the roof or deckare no included in the deck calculation. Permanent planter boxes and green roofs that do not meet the minimum requirement ment count toward deck calculation. Unenclosed areas beneath decks, balconies, and exterior stairways shall be exempt from Floor Area calculations unless that area is used as a carport. (See provisions for garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath porches, gazebos, and City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 6 Y decks or balconies hen those elements have a finished floor level within thirty (30) inches of the surrounding finished grade shall be exempt from Floor rea ca cu ations regardless of how that area is used. 5. Front Porches. Porches on Street -facing fagade(s) of a structure developed within thirty (30) inches of the finished ground level shall not be counted towards allowable Floor Area. Otherwise, these elements shall be attributed to Floor Area as a Deck. Patios. Patios developed at or within six inches of finished grade shall not be counted towards Floor Area. These features may be covered by roof overhangs or similar architectural projections of up to four feet, as measured from the face of the building, and remain exempt from Floor Area calculations. When roof overhangs or similar architectural projections exceed four feet the entire feature counts toward Floor Area. 7. Garages and carports, For all multi -family and mixed -use buildings or parcels containing residential units, 250 square feet of the Rare or carport area shall be excluded from the carcutanon of ttoor area per residence on the parcel. All garage and carport area in excess of 250 square feet per residence shall be attributed towards Floor Area and Floor Area Ratio with no exclusion. Garage and carport areas for properties containing no residential units shall be attributed towards Floor Area and Floor Area Ratio with no exclusion. In the R-15B Zone District, garage and carport areas shall be excluded from the calculation of Floor Area up to a maximum exemption of five -hundred -square -foot total for the parcel. In zone districts other than the R-15B Zone District, properties containing solely a Single - Family, two single-family residences, or a Duplex, the garage and carport area shall be excluded from the calculation of Floor Area as follows: City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 7 Table 26.575.020-2 Size of Garage or Carport Area excluded per primary dwelling unit (not including Accessory Dwelling Units or Carriage Houses) First 0 to 250 square feet 100% of the area Next 251 to 500 square feet 50% of the area Areas above 500 square feet No area excluded. For any property abutting an alley or private road entering at the rear or side of the property, the garage or carport area shall only be excluded from floor area calculations as described above if the garage or carport is accessed from said alley or road. If an alley or private road does exist and is not utilized for garage or carport access, the garage or carport area shall be attributed towards Floor Area calculations with no exclusion. If an alley or private road does not abut the property, the garage or carport area shall be excluded from floor area calculations as described above. 8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the calculation of Floor Area based on the portion of the level e osed above grade. The percenta of—th ross area of a partially subgrade level to be counted as Floor Area shall be the surface area f the exterior walls exposed above [ha lower of natural andfiaaislred grade divide b�-thhe- otal exterior wall area of that level. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Example: If the walls of a 2,000 square foot level are forty percent (40%) exposed above the lower of natural or finished grade then forty percent (40%) of that level, 800 square feet is counted as Floor Area. Figure 4: Determining the amount of a subgrade floor to be counted as door City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 8 For the purposes of this section, the exterior wall area to be measured shall be the interior wall area projected outward and shall not include exterior wall areas adjacent to foundation or floors of the structure. Floor structure does not include drop ceilings. Floor Staieture Aran of vnlll to be usedfx suabgrade Gale1}letion Foundation and Floorstnietwe Foundation Footar Figwre 5: Meastuing the Area of a Subgrade Wall [the hen considering multi -level subgrade spaces, adjacent interior spaces shall be considered on e same story if the vertical separation between the ceilings of the spaces is less than 50% of distance between the floor and ceiling of either space. n Space A and B are on the same level, while Space A and Care on different levels. Figure 6: Determining different building levels City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 9 When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall area shall include the area within the gable of the roof. Area counts towards wall calculation f Figure 7: Pitched roof with subgrade calculation For garages that are part of a subgrade area, the garage exemption is taken from the total gross below -grade area prior to calculating the subgrade exemption. For example, a 2,000 square foot story containing a 350 square foot garage which is 40% above grade, the calculation shall be as follows: Garage exemption — the first 250 square feet is exempt and the next 100 square feet counts 50% or 50 square feet = 300 square feet of the garage which is exempt. Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt garage space — 1,700 gross square feet multiplied by 40% = 680 square feet of that level which counts towards allowable Floor Area. For subgrade spaces with adjoining crawl spaces exempt pursuant to Section 26.575.020.D.3, a line is drawn to separate the basement space from the crawl space for the purposes of calculating the perimeter and gross area measurements. Exempt crawl space is not included in the perimeter, wall area, and floor area measurements. Single-family and duplex structures shall contain no more than one floor level below finished grade. A basement with a stepped floor is allowed. The finished floor level shall be no more than 15 feet below finished grade. A crawl space below the basement, compliant with the limitations of Section 26.575.020.D.3, shall be exempt from this depth limitation. Accessory Dwelling Units and Carriage Houses. An accessory dwelling unit or carriage house shall be calculated and attributed to the allowable floor area for a parcel with the same inclusions and exclusions for calculating floor area as defined in this Section. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 10 10. Permanently Affordable Accessory Dwelling Units and Carriage Houses One hundred percent (100%) of the area of an Accessory Dwelling Unit or Carriage House which is detached from the primary residence and deed -restricted as a "for sale" affordable housing unit and transferred to a qualified purchaser in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded from the calculation of floor area, up to a maximum exemption of one thousand two hundred (1,200) square feet per parcel. In addition, the allowable floor area of a parcel containing such a permanently affordable Accessory Dwelling Unit or Carriage House shall be increased in an amount equal to fifty percent (50%) of the floor area of the Accessory Dwelling Unit or Carriage House, up to a maximum bonus of six hundred (600) square feet per parcel. 11. Sheds, Storage Areas and similar Accessory Structures Sheds, storage areas, greenhouses, and similar uninhabitable accessory structures, not within a garage, are exempt from floor area limitations up to a maximum exemption of thirty-two (32) square feet per residence. Storage areas within a garage shall be treated as garage space eligible for the garage exemption only. Accessory structures thirty-six inches or less in height, as measured from finished grade, shall be exempt from Floor Area calculations (also see setback limitations). Accessory structures larger than thirty-two square feet per primary residence and more than thirty-six inches in height shall be included in their entirety in the calculation of Floor Area. Properties which do not contain residential rmits are not eligible for this Floor Area exemption. 12. Historic Sheds and Outbuildings. The Community Development Director may provide a parcel containing an uninhabitable and limited function historic shed, outbuilding, or similar historic artifact with a Floor Area exemption to accommodate the preservation of the historic resource. The shed or outbuilding must be considered a contributing historic resource of the property. Functional outbuildings, such as garages, art studios, home offices, and the like shall not be eligible for an exemption. The Director may consult the Historic Preservation Commission prior to making a determination. The Director may require the property's potential to receive Floor Area bonuses be reduced to account for the structure. The exemption shall be by issuance of a recordable administrative determination and shall be revocable if the artifact is removed from the property. 13. Wildlife -Resistant Trash and Recycling Enclosures Wildlife -resistant trash and recycling enclosures located in residential zone districts are exempt from floor area requirements of the zone district regulations if the enclosure is the minimum reasonably necessary to enclose the trash receptacles in both height and footprint, is an unconditioned space not located inside other structures on the property, and serves no other purpose such as storage, garage space, or other purposes unrelated to protecting wildlife. _Wildlife -resistant dumnster Pncosures j located in commercial, mixed -use, or lodging zone districts are not exempt from floor area CoaooJ requrements and shall comply wrth zone dishict re uirements for Utili /Trash/Recycle areas. Enclosures shall be located adjacent to the alley if an alley borders the property and shall not be located in a public right-of-way. Unless otherwise approved by the Historic Preservation City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 11 Commission, enclosures shall not abut or be attached to an historic structure. Enclosures may abut other non -historic structures. 14. Allocation of Non -Unit Space in a mixed -use building. In order to determine the total floor area of individual uses in a mixed -use building, the floor area for non -unit space, which is common to all uses on the property, shall be allocated on a proportionate basis to the use categories outlined in the subject zone district's FAR schedule. To determine the non -unit space allocation in a building, a calculation of the building's gross floor area, which refers to the floor area of a building as calculated according to the Land Use Code plus subgrade levels, is required. The building's gross floor area, minus all non -unit space, shall be divided proportionately amongst the individual use categories in a building. These numbers shall then be calculated as a percent of the gross floor area number. IGarages, including subgrade garages, and carports in mixed use buildings that contain residential units are considered non -unit space. When a feature is used exclusively by one use, the space shall be attributed to the floor area 1 for that use. Gross floor area calculation: For instance, if a building was comprised of the following square footages: 2,000 sq. ft. commercial floor area (including 500 sq. ft. basement) + 4,000 sq. ft. free-market residential floor area + 2,000 sq. ft. affordable housing floor area + 1,000 sq. ft. nommit floor area (1,250 sq. ft.- 250 sq ftfor exempt garage) 9,000 sq. ft. gross floor area Percentage of use category per building floor area: Then the total unit floor area in the building, not including non -unit space, would be eight thousand (8,000) square feet floor area (9,000 — 1,000). Using the allocation of non -unit space standard, the uses account for the following percentages of the total unit floor area: Commercial floor area = 25% [(2,000/8,000) * 100] Free-market residential floor area = 50% [(4,000/8,000) * 1001 Affordable housing floor area = 25% [(2,000/8,000) * 1001 Application of use percentages to non -unit floor area: A proportionate share of the non -unit floor area shall then be allocated towards each use category. Floor area exemptions that apply to non -unit space, for example a garage or top level of a shared stairway tower, are deducted from the total non -unit floor area before allocating to each use category. Subgrade levels that do not count toward floor area shall not be included in the use category total when calculating floor area, This provision shall apply to all zone districts permitting mixed -use buildings. Therefore, the one thousand (1,000) square feet of non -unit space is allocated to the different uses as follows: City of Aspen Land Use Code Part 500 - Miscellaneous Regulations Page 12 Commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft. Free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft. Affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft. The floor area for each use is as follows: Commercial floor area: 1,500 sq. ft. (2,000 sq. ft. total minus 500 sq. ft. exempt basement) + 250 sq. ft. = 1,750 sq. ft. Free market residential floor area: 4,000 sq. ft. + 500 sq. ft. = 4,500 sq. ft. - Affordable housing floor area: 2,000 sq. ft. + 250 sq. ft. = 2,250 sq. ft. Examples: 1. Circulation features, for example hallways, that are shared (used by multiple uses) are considered non -unit space. 2. A shared elevator that serves all levels of a mixed use building (even if the top level terminates within a residential unit) is considered non -unit space. 3. Circulation that is specific to a use, for example a private elevator that only serves the residential component (i.e. it does NOT provide access to commercial levels), is allocated to the floor area of the specific use and is not considered non -unit space. 4. A stairway that is interior to a single unit, which for example connects a two level commercial space, counts toward commercial floor area. 15. Airlocks. Permanently installed interior airlock spaces are exempt from the calculation of Floor Area Ratio and allowable Floor Area up to a maximum exemption of 100 square feet per building. This exemption only applies to buildings containing non-residential uses and does not apply to single-family, duplex, or multi -family buildings. E. Measuring Setbacks. General. Required setbacks shall be unoccupied and unobstructed within an area extending horizontally from the parcel boundary to the setback line and vertically above and below grade, excepting allowed projections as described below. Required setbacks shall be measured perpendicular from all points of the parcel boundary to the outmost exterior of a structure, including all exterior veneer such as brick, stone or other exterior treatments, but excluding allowed projections as further described in subsection E.5, below. City of Aspen Land Use Code Part 500 - Miscellaneous Regulations Page 13 Window Exterior Face ._ of Framing windowsne-�-`—'-� r Wood Veneer - r� • ---"� ( Framing, _ j f Stone Veneer— Figure8:Setback Measurement 2. Determining Front Rear, and Side Yards. The front yard setback shall be measured fiom the front lot line. The Front Lot Line shall be the parcel boundary closest to or dividing a lot from a Street or street right-of-way. All parcels have a front lot line. There shall not be more than one front lot line. The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall be the parcel boundary opposite the front lot line. All parcels have a rear lot line. A parcel shall have only one rear lot line. Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those parcel boundaries other than a front or rear lot line. All parcels will have at least one side lot line and may have multiple side lot lines. For corner parcels, the front lot line shall be the parcel boundary along the Street with the longest block length and the remaining boundary shall be a side lot line. Street 70,Biock Length Front Yard Side %Yard tr i I � I I Corner Lpt Figure 9: Determining Setbacks _ SOOT 1 Allev City of Aspen Land Use Code Part 500 —Miscellaneous Regulations Page 14 For corner parcels where the parcel boundary follows a curving Street, the midpoint of the curve shall be used to differentiate the front lot line and the side lot line. In this case, the boundary segment with the shortest Street frontage shall be the front lot line. Fig, r 10: Camel' lot with ew.rd street For reverse curve lots, the curved portion of the lot line shall be considered the front lot line and the two opposing parcel boundaries shall be considered side lot lines. Figwv 11: Reverse curve let City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 15 For all double frontage lots with Streets on opposite sides of the parcel, except for those parcels abutting Main Street, the front lot line shall be the parcel boundary with the greatest length of Street frontage and the opposing lot boundary shall be the rear lot line. Parcel boundary with greatest length Ir — — _.,. — _ _... _ — r — - Street y .— e e l 1 1 1 1 1 1 I Front ', LOT Yard r -------------------------- �.. \ _ _ L Street Figure 12: Double 1lvntage lot For double frontage lots with equal length street frontages, the front lot line shall mirror the front lot lines of the adjoining lots to the extent practical. For double frontage lots abutting Main Street, the front lot line shall be the lot line adjoining Main Street. The Community Development Director shall resolve any discrepancies or situations where the foregoing text does not provide definitive clarity by issuance of a recordable administrative determination. 3. Determining required setbacks adjacent to streets or rights -of -way. When a property does not extend into an adjacent public or private right-of-way or street easement, the required setback shall be measured from the lot line. When a property extends into an adjacent public or private right-of-way or street easement, the required setback for that portion of the lot shall be measured from the edge of the right-of- way or street easement closest to the proposed structure. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 16 Figure 13: Required setback from a right-of-way or street easement 4. Combined Setbacks. Where zoning provisions require a combined yard setback (either front - rear or side -side), the narrowest point on each yard shall be the basis for measuring the i combined setback. A combined yard requirement may not be met by staggering the required yard setbacks. For example, if a lot requires a combined side -yard setback of30', with a minimum of 10' on either side, Figure 14 shows compliance with the requirement — one side yard is 10', the other is 20', and each side yard setback is consistent from front to rear. Given the same example, Figure 15 meets the individual 10' setback requirements, but the combined setback is staggered and is not consistent from front to rear. This example does not meet the combined setback requirement. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 17 Figure 14: Compliance with combined setbacks Figure 15: Does not coml with combined setbacks 5. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below ground except for the following allowed projections: a) Above or below ground utilities, including transformers and vaults, below -grade heating or cooling conduit or infrastructure such as a ground -source heat pump system, below - grade dry wells or other at -grade or below -grade drainage infrastructure. b) Trees and vegetation. c) Artwork, sculpture, seasonal displays. d) Flagpoles, mailboxes, address markers. e) Foundation footers, soil nails or below -grade tiebacks, and similar improvements necessary for the structural integrity of a building or other structures. f) The minimum projection necessary to accommodate exterior mounted utility junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and including any protective structure as may be required by the utility provider. I g) Building eaves, bay windows, window sills, and similar architectural projections up to eighteen (18) inches as measured from the setback boundary. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 18 h) Balconies not utilized as an exterior passageway may extend the lesser the way between She required setback and the property line or four (41 feet. In no case shall the projection be allowed closer than five (5) feet to a property line. This projection is allowed for balconies only and does not permit projections of other improvements, such as garages or carports. -- - i) The minimum projection necessary to accommodate light wells and exterior basement stairwells as required by adopted Building or Fire Codes as long as these features are entirely recessed behind the vertical plane established by the portion of the building fagade(s) closest to any Street(s). If any portion of the feature projects into the setback, the entire feature may be no larger than the minimum required. Features required for adjacent subgrade interior spaces may be combined as long as the combined feature represents the minimum projection into the setback. There is no vertical depth limitation for these features. This exemption does not apply to Areaways. This exemption does not apply to light wells and exterior basement stairwells which are not required by adopted Building or Fire Codes. j) The minimum projection necessary to accommodate an exterior -mount fire escape to an existing building, as may be required by adopted Building or Fire Codes. k) Uncovered porches, landscape terraces, slabs, patios, walks, landscape walls, earthen berms, retaining walls, steps and similar structures, which do not exceed thirty (30) inches vertically above or below natural grade or finished grade, whichever is more restrictive. (Also see Chapter.26.410 — Residential Design Standards for limits on the location of berms.) Improvements may be up to thirty (30) inches above and below grade simultaneously, for up to a sixty (60) inch total. Improvements may exceed thirty (30) inches below grade if determined to be necessary for the structural integrity of the improvement. (See Figure 16). 1) Drainage swales, stormwater retention areas, bio retention areas, rain collection systems, and similar stormwater retention, filtration or infiltration devices or facilities are permitted in setbacks as long as the finished grade of the top of the improvement does not exceed thirty (30) inches vertically above or below the surrounding finished grade. Stormwater improvements or portions thereof may be buried and exceed'thirty (30) inches below grade as long as the finished grade above the facility does not exceed thirty (30) inches vertically above or below the surrounding finished grade. These features may be up to thirty (30) inches above and below finished grade simultaneously. m) Hot tubs, spas, pools, water features, and permanently affixed outdoor grills, furniture, seating areas, and similar permanent structures are prohibited in all yards facing a Street. These elements may be placed within non -street facing yards but shall not exceed thirty (30) inches above or below finished grade. These features may be up to thirty (30) inches above and below finished grade simultaneously. Improvements may exceed thirty (30) inches below grade if necessary for the structural integrity of the improvement. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 19 n) Heating and air conditioning equipment and similar mechanical equipment are prohibited in all yards facing a Street. Mechanical equipment may be placed within non -street facing yards but shall not exceed thirty (30) inches above or below finished grade. These features may be up to thirty (30) inches above and below finished grade simultaneously. The r1anning anu "ning l.onunissivil may uuusiuct UAUCIJ VIIs w uua Icq UII .uiwun Yuioucui� � to the procedures and criteria of Chapter 26.430 — Special Review. o) The height and placement of energy efficiency or renewable energy production systems and equipment which are located adjacent to or independent of a building shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430 — Special Review. These systems are discouraged in all yards facing a Street. For energy production systems and equipment located on top of a structure, see sub -section F.4. p) Fences and hedges less than forty-two (42) inches in height, as measured from finished grade, are permitted in all required yard setbacks. Fences and hedges up to six (6) feet in height, as measured from finished grade, are permitted only in areas entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the Street. This restriction applies on all Street -facing facades of a parcel. (Also see Section 26.575.050 — Supplementary Regulations for limitations on fence materials.) City of Asl Part 500 — Page 20 42" hei€ IF.1-.... L.Iimi/� nce q) Driveways not exceeding twenty-four (24) inches above or below natural grade within any setback of a yard facing a Street. Within all other required setbacks, finished grade of a driveway shall not exceed thirty (30) inches above or below natural grade. r) Parking may occur in required setbacks if within an established driveway or parking area and the curb cut or vehicular access is from an alleyway, if an alleyway abuts the property, or has otherwise been approved by the City. s) Non -permanent features which are not affixed to the ground such as movable patio furniture, outdoor seating or a picnic table, barbeque grills, children's play equipment, and similar non -permanent features which are not affixed to the ground. This exemption shall not allow storage sheds or containers. t) Wildlife -resistant Trash, and Recycling enclosures located in residential zone districts shall be prohibited in all yards facing a Street. These facilities may be placed within non -street facing yards if the enclosure is the minimum reasonably necessary in both height and footprint, is an unconditioned space not integrated with other structures on the property, and serves no other purpose such as storage, garage space, or other purposes unrelated to protecting wildlife. Wildlife -resistant trash and recycling enclosures located in commercial, mixed -use, or lodging zone districts are not exempt from setback requirements and shall comply with zone district requirements for Utility/Trash/Recycle areas. Temporary intermittent placement of trash and recycling containers in or along yards facing a Street is allowed. For example, on "trash day." Enclosures shall be located adjacent to the alley where an alley borders the property and shall not be located in a public right-of-way, .Unless otherwise approved by the Historic Preservation Commission, enclosures shall not abut or be attached to a historic structure. Enclosures may abut other non -historic structures. F. Measuring Building Heights. 1 For properties in the Commercial Core (CC), Commercial (Cl), Commercial Lodge (CL), Neighborhood Commercial (NC) and Service Commercial Industrial (SCI) Zone Districts, the height of the building shall be the maximum distance between the ground and the highest point of the roof top, roof ridge, parapet, or top -most portion of the structure. See subsection 3, below, for measurement method. 2. For properties in all other Zone Districts, the height of the building shall be measured according to the pitch of the roof as follows. See subsection 3, below, for measurement method. a) Flat roofs or roofs with a pitch of less than 3:12. The height of a building with a roof pitch of less than 3:12 shall be measured from the ground to the top -most portion of the structure. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 21 Roof Pitch Parapet 3:12 or less wall Height of Height of building building j V � Figure 18: Measuring height for flat roofs or roofs with less than 3:12 pitch b) Roofs with a pitch from 3:12 to 7:12. The height of a building with a roof pitch from 3:12 to 7:12 shall be measured from the ground to the point of the roof vertically halfway between the eave point and the ridge. There shall be no limit on the height of the ridge. Midpoint between eave pt. and ridge Ridge Eave Point Height Figure 19: Measuring height for roofs with pitch from 3:12 to 7:12 c) Roofs with a pitch greater than 7:12. The height of a building with a roof pitch greater than 7:12 shall be measured from the ground to the point of the roof vertically one-third (1/3) of the distance up from the eave point to the ridge. There shall be no limit on the height of the ridge. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 22 Figure 21: Eave Point and Exterior Sheathing of a Roof For roofs with multiple pitches within one vertical plane, the height of the roof shall be measured by drawing a line within a vertical section between the ridge and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. d) For barrel -vault roofs, height shall be measured by drawing a line within a vertical section between the top -most point of the roof and the Eave Point(s) and then applying the methodology for the resulting pitch of said line(s) as described above. e) For "shed" roofs with a single -pitch, the methodology for measuring shall be the same as described above according to the slope of the roof and by using the highest point of the roof as the ridge. f) For mansard roofs, height shall be measured to the flat roof as described above. g) Dormers shall be excluded from the calculation of height if the footprint of the dormer is 50% or less of the roof plane on which the dormer is located and the ridge of the dormer is not higher than the ridge of the roof on which it is located. If there are multiple dormers on one roof plane, the aggregate footprint shall be used. Otherwise, dormers shall be included in the measurement of height according to the methods described above. h) Butterfly roofs shall be measured.in accordance with shed roof methodology I Height Measurement Method. In measuring a building for the compliance with height restrictions, the measurement shall be the maximum distance measured vertically from the ground to the specified point of the building located above that point, as further described below:. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 23 a) Measuring height along the perimeter of the building. At each location where the exterior perimeter of a building meets the ground, the measurement shall be taken from the lower of�naturahor finished grade, Building permit plans must depict both natural and finished grddes. b) Measuring height within the footprint of the building. For the purposes of measuring height within the footprint of a building, areas of the building within 15 horizontal feet of the building's perimeter shall be measured using the perimeter meas cement, as descry ed above. In all other areas, the natural grade of, the site shall be projected up to the allowable height and the height of the structure shall be measured using this projected topography. - In instances where the natural grade of a property has been attected by prior development activityz the Co mmum^t�evelopmerit _Di`rector may accept an estimation of pre - activity, the topographyTrepared by a registered land surveyor or civil engineer. The Director n require addition -a nustonci f_ documentation, techmca_t studies, reports, or other information to veri a pre -development topography. If necessary, the Community Development Director may require an applicant document natural grade, finished grade, grade being used within the footprint of the building, and other -relevant height limitation information that may need to be-, _documented prior to construction. c) Measuring to the roof - The high point of the measurement shall be taken from the surface of a structure's roof inclusive of the first layer of exterior sheathing or weatherproofing membrane but excluding exterior surface treatments such as shakes, shingles, or other veneer treatments or ornamentation. When measuring roofs to a point between the ridge and the eave point, the eave point shall be the point where the plane of a roof intersects the plane of the exterior wall. The roof and wall planes shall be of the nominal structure, excluding all exterior treatments. Eave Point Exterior Sheathing Figure 21: Eave Point and Exterior Sheathing of a Roof City of Aspen Land Use Code Part 500 - Miscellaneous Regulations Page 24 A. Allowed Exceptions to Height Limitations a) Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar venting apparatus may extend no more than ten (10) feet above the height of the building at the point the device connects. For roofs with a pitch of 8:12 or greater, these elements may not extend above the highest ridge of the structure by more than required by adopted building codes or as otherwise approved by the Chief Building Official to accommodate safe venting. To qualify for this exception, the footprint of these features must be the minimum reasonably necessary for its function the features must be combined to the greatest extent practical. Appurtenances such as hoods, caps, shields, coverings, spark arrestors, and similar functional devices or ornamental do -dads shall be contained within the limitations of this height exception. On structures other than a single-family or duplex residential building or an accessory building, all Chimneys, flues, vents, and similar venting apparatus should be setback from any Street facing facade of the building a minimum of twenty (20) feet and the footprint should be minimized and combined to the greatest extent practicable. b) Communications Equipment. Antennas, satellite dishes, and similar communications equipment and devices shall comply with the limitations of Section 26.575.130 — Wireless Telecommunication Services Facilities and Equipment. c) Elevator and Stair Enclosures. On structures other than a single-family or duplex residential building or an accessory building, elevator overrun enclosures and stair enclosures may extend up to five (5) feet above the specified maximum height limit. Elevator and stair enclosures may extend up to tens N 0 feet above the specified maximum height limit if set back from any Street facing agadf e of the building a minimum of twenty For single-family and duplex residential buildings and for accessory buildings, elevator and stair enclosures are not allowed a height exception. d) Rooftop Railings. On any structure other than a single-family or duplex residential building, rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects. To qualify for this exception, the railing must be the mini ,» ressonsbly necessary to provide adequate safety and buildimg code compliance and the railing must be 50% or more •ans arent. All railings shall be set back from any Street facing facade of the building by an amount e uq al to the hei ht of the railing. For single-family and duplex residential buildings, rooftop railings shall not be allowed a height exception. e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar mechanical equipment or utility apparatus located on top of a building may extend up to six (61 feet above height of the building at the point the equipment is attached. This allowance is inclusive of any pad the equipment is placed on, as well as any screening. Mechanical equipment shall be screened, combined, and co -located to the greatest extent practicable. On structures other than a single-family or duplex residential building or an City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 25 accessory building, all mechanical equipment shall be set back from any Street facing facade of the building a m' tmum o e ee . J) Energy Efficiency or Renewable Energy Production Systems and Equipment. Energy efficiency systems or renewable energy production systems and equipment including solar panels, wind turbines, or similar systems and the system's associated equipment which is located on top of a building may extend up to five (5) feet above the height of the building at the point the equipment is attached. On any structure other than a single-family or duplex residential building or an accessory building, these systems may extend up to ten (10) feet above height of the building at the point the equipment is attached if set back from any Street facing facade of the building a minimum of twenty (20) feet and the footprint of the equipment is minimized and combined to the greatest extent practicable. Certain additional restrictions may apply pursuant to Chapter 26.412, Commercial Design Review. The height and placement of energy efficiency or production systems which are not located on top of a building (located independent of a building) shall be established by the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter 26.430 — Special Review. (Also see setback requirements for these systems at sub -section E.S.) ` Church spires, bell towers and like architectural projections on Arts, Cultural and Civic buildings may extend over the height limit as may be approved pursuant to Commercial Design Review. h) Flag poles may extend over the specified maximum height limit. i) Exceptions for buildings on slopes. For properties with a slope that declines from the front lot line, the maximum height of a building's front (street -facing) facade may extend horizontally for the first thirty (30) feet of the building's depth. j) Exceptions for light wells and basement stairwells. A basement stairwell required by Building Code for egress shall not be counted towards maximum permissible height. On street facing facades the minimum size lightwell entirely recessed behind the vertical plane established by the portion of the building facade(s) closest to any Street(s), and enclosed on all sides to within eighteen (18) inches of the first floor level (e.g. not a walk- out style light well) shall not be counted towards maximum permissible height. On non - street facing facades a lightwell that is no more than one hundred (100) square feet shall not be counted towards maximum permissible height. The Historic Preservation Commission is authorized to grant an exception to height for lightwells larger than one hundred (100) square feet on historic landmark properties that contain a historic resource upon a finding that the following conditions are met: a. Lightwell is not easily visible from the right of way. b. Approval of the exemption supports the preservation of the historic resource. k) Permanent Rooftop Amenities. Permanent rooftop amenities, such as built-in wet bars, built-in barbeque grills, cabinets, sinks, firepits, pools, hot tubs, etc. shall be permanently installed and shall meet the following height and setback requirements to qualify for a City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 26 height exemption. This only applies to a mixed _use lodge,or commercial building located in the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Lodge (L) Zone District, the Neighborhood Commercial (NC) Zone District, or the Commercial Lodge (CL) Zone District. Permanent rooftop amenities may extend up to five (5) feet above height of the building at the noint the equipment is attached to the roof This allowance is inclusive of any pad the equipment is placed on. A trellis with a maximum height of ten (10) feet and a maximum floor area of no more than 5% of the useable deck area is permitted. All permanent rooftop amenities shall be set back from any treet facing fagade of the building by a minimum of ten (10) feet. 1) Exceptions for skylight and light tubes A skylight or light tube typical of industry standards and meeting minimum Building Code standards shall not be counted towards maximum permissible height. G. Measuring Site coverage. Site coverage is typically expressed as a percentage. When calculating site coverage of a structure or building, the exterior walls of the structure or building at ground level should be used. When measuring to the exterior walls, the measurement shall be taken from the exterior face of framing, exterior face of structural block, or similar exterior surface of the nominal structure excluding sheathing, vapor barrier, weatherproofing membrane, exterior -mounted insulation systems, and excluding all exterior veneer and surface treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior veneer treatments. Porches, roofs or balcony overhangs, cantilevered building elements and similar features extending directly over grade shall be excluded from maximum allowable site coverage calculations. H. Measurement of Demolition. The City Zoning Officer shall determine if a building is intended to be or has been demolished by applying the following process of calculation: At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing the following: 4. The surface area of all existing (prior to commencing development) exterior wall assemblies above finished grade and all existing roof assemblies. Not counted in the existing exterior surface area calculations shall be all existing fenestration (doors, windows, skylights, etc.). 5. The exterior surface area, as described above, to be removed. Wall area or roof area being removed to accommodate new or relocated fenestration shall be counted as exterior surface area being removed. 6. The diagram shall depict each exterior wall and roof segment as a flat plane with an area tabulation. Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in addition to the necessary subsurface components for its structural integrity, including such items as studs, joists, rafters etc. If a portion of a wall or roof structural capacity is to be removed, the associated exterior surface area shall be diagrammed as being removed. If a portion of a wall or roof involuntarily collapses, regardless of the developer's intent, that portion shall be calculated as removed. Recalculation may be necessary during the process of development and the Zoning Officer may require updated calculations as a project progresses. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 27 Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated or expanded fenestration shall be counted as wall area to be removed. Only exterior surface area above finished grade shall be used in the determination of demolition. Sub -grade elements and interior wall elements, while potentially necessary for a building's integrity, shall not be counted in the computation of exterior surface area. According to the prepared diagram and area tabulation, the surface area of all portions of the exterior to be removed shall be divided by the surface area of all portions of the exterior of the existing structure and expressed as a percentage. The Zoning Officer shall use this percentage to determine if the building is to be or has been demolished according to the definition in Section 26.104.100, Demolition. If portions of the building involuntarily collapse, regardless of the developer's intent, that portion shall be calculated as removed. It shall be the responsibility of the applicant to accurately understand the structural capabilities of the building prior to undertaking a remodel. Failure to properly understand the structural capacity of elements intended to remain may result in an involuntary collapse of those portions and a requirement to recalculate the extent of demolition. Landowner's intent or unforeseen circumstances shall not affect the calculation of actual physical demolition. Additional requirements or restrictions of this Title may result upon actual demolition. �( I. Measurement of Net Leasable Area and Net Livable Area. The calculation of net leasable area i and net livable area shall include all interior space of a building measured from interior wall to interior wall, including interior partitions. Net leasable area includes all interior areas which can be leased to an individual tenant�vith the exceptions noted below. Net livable area includes those areas of a building that are used or intended to be used for -habitation with the exceptions noted below. Garages and carports are exempt from net leasable area and net livable area calculations. 1. Permanently installed interior airlock spaces are exempt from the calculation of net leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more than 10 square feet, installed on the exterior of a building, shall be considered net leasable area and shall be subject to all requirements of the Land Use Code, including employee mitigation, prorated according to the portion of the year in which it is installed. 2. Unless specifically exempted through other provisions of this Title, outdoor displays, outdoor vending, and similar commercial activities located outside (not within a building) shall also be included in the calculation of net leasable area. The calculation of such area shall be the maximum footprint of the display or vending apparatus. For vending carts or similar commercial activities requiring an attendant, the calculation shall also include a reasonable amount of space for the attendant. Exterior decks and �xterinr seating not in ed i e calculation of net leasable area. Vending machines shall not be considered net leasable area. The calculation of net leasable area and net livable area shall exclude. areas of a building that are integral to the basic physical function of the building. Al other areas are attributed to the measurement of net leasable commercial space or net livable area. en calculating interior stairways or elevators, t e top most mtenor evel sei`v­eU-Fy—Tffe stairway or elevator is exempt from net livable or net leasable area calculations. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 28 ' Shared areas that count toward net leasable area and net livable area shall be allocated on a proportionate basis of the use category using the percentages that are generated pursuant to Section 26.575.020.D.14 Allocation of non -unit space in a mixed use building. Examples: 1. A broom closet of a minimum size to reasonably accommodate the storage of janitorial supplies for the entire building is considered integral to the physical function of the building and does not count toward net leasable area. 2. A shared commercial storage area that is larger than needed for the basic functionality of the building counts toward net leasable area because it is useable by the businesses. 3. A shared stairway and a shared circulation corridor (that access more than one use) are integral to the physical function of the building and do not count in the measurement of net livable area or net leasable area. 4. A stairway that is entirely within one residential unit counts toward the measurement of net livable area. 5. A private elevator that serves more than one residential unit, and does not provide access to other uses, does not count toward the measurement of net livable area. 6. A private elevator that serves only one residential unit, and does not provide access to other uses, counts toward the measurement of net livable area. 7. A shared mechanical room that is larger than the minimum space required to reasonably accommodate the mechanical equipment counts toward the measurement of net livable area or net leasable area as applicable. The area of the mechanical room that is the minimum size required for the mechanical equipment does not count in net livable area or net leasable area. J. Exceptions for Energy Efficiency. The Community Development Director may approve exceptions to the dimensional restrictions of this Section to accommodate the addition of energy production systems or energy efficiency systems or equipment in or on existing buildings when no • other practical solution exists. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable way to implement energy production or efficiency exists. The Director may require notice be provided to adjacent landowners. Approval shall be in the form of a recordable administrative decision. K. Exceptions for Building Code Compliance. The Community Development Director may approve exceptions to the dimensional restrictions of this Section to accommodate improvements required to achieve compliance with building, fire, or accessibility codes in or on existing buildings when no other practical solution exists. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable way to implement code compliance exists. The Director may require notice be provided to adjacent landowners. Approval shall be in the form of a recordable administrative decision. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 29 L. Appeals. An applicant aggrieved by a decision made by the Community Development Director regarding this Calculations and Measurements Section may appeal the decision to the Administrative Hearing Officer, pursuant to Chapter 26.316. (Ord. No. 44-1999, §7; Ord. No. 55-2000, §14; Ord. No. 56-2000, §§5, 6, 8; Ord. No. 25-2001, §§6, 7; Ord. No. 46-2001, §4; Ord. No. 55, 2003, §§2-4; Ord. No. 12-2006, §19; Ord. No. 12, 2007, §32; Ord. No. 27-2010, §1; Ord. No. 12-2012, §3; Ord. No. 25-2012, §4; Ord. No. 7-2014; §§ 1-9; Ord. No. 31-2014, §2) 26.575.030 Public amenity A. Purpose. The City seeks a vital, pleasant downtown public environment. Public amenity contributes to an attractive commercial and lodging district by creating public places and settings conducive to an exciting pedestrian shopping and entertainment atmosphere. Public amenity can take the form of physical or operational improvements to upbllic rihg._ t_o�v ay or private property within these districts. Public amenity provided on the subject development site is referred to as "on -site public amenity" in this Section. 13. Applicability and requirement. The requirements of this Section shall apply to the development of all commercial lodging and mi_xed-nse developm=Lwithin the CC, C-1, MU, NC, S/C/l, L, CL, LP and LO Zone Districts. This area represents the City's primary pedestrian -oriented downtown, as well as important mixed -use, service and lodging neighborhoods. Twenty-five erce7t (25%i of each parcel within the applicable area shall be_provided_as ublic amenity right-of-w . F-or_redevalop of parcels on which less than this twenty-five percent (25%) currently exists, the existing (prior to redevelopment) percentage shall be the effective requirement, provided that no less than ten percent (10%) is required. A reduction in the required public amenity may be allowed as provided in Subsection 26.575.030.D, Reduction of requirement. Exempt from these provisions shall be development consisting entirely of residential uses. Also exempt from these provisions shall be additions to an existing building where no change to the building footprint is proposed. Vacated rights -of -way shall be excluded from public amenity calculations. C. Provision of public amenity. The Planning and Zoning Commission or Historic Preservation Commission, pursuant to the review procedures and criteria of Chapter 26.412, Commercial Design Review, shall determine the appropriate meth.Qd or combination of methnrh for providing this required amenity. One (1) or more of the following methods may be used such that the standard is reached. 1. On -site provision of public amenity. A portion of the parcel designed in a manner meeting Subsection 26.575.030.F., Design and operational standards for on -site public amenity. 2. Off -site provision of public amenity. Proposed public amenities and improvements to the pedestrian environment within proximity of the development site may be approved by the Planning and Zoning Commission, pursuant to Chapter 26.412, Commercial Design Review. These may be improvements to private property public property or public rights -of --way. An easement nroviding public access over an existing public amenity space for which no xtsts may oe acceptea tLucn easement proviaes permanent mmuc access anct is to the City Attorney. Off -site improvements shall equal or exceed the value of an City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 30 ( otherwise required cash -in -lieu payment and be consistent with any public infrastructure or capital improvement plan for that area. 3. Cash -in -lieu provision. The City, upon an approval from the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, may accept a cash -in - lieu payment for any portion of required public amenity not otherwise physically provided, according to the procedures and limitations of Subsection 26.575.030.E, Cash -in -Lieu Payment. 4. Alternative method. The Commission, pursuant to Chapter 26.412, Commercial Design Review, may accept any method of providing public amenity not otherwise described herein if the Commission finds that such method equals or exceeds_ the value, which maybe nonmonetary communes value, of an otherwi se required c soh -in- ' ayment. D. Reduction of.requirement. A reduction in the required public amenity may be approved under the following circumstances: 1. The Planning and Zoning Commission or Historic Preservation Commission, pursuant to the procedures and criteria of Chapter 26.412, Commercial Design Review, may reduce the public amenity requirement by any amount, such that no more than one-half the requirement is waived, as an incentive for well -designed projects having a positive contribution to the pedestrian environment. The resulting requirement may not be less than ten percent (10%). 2. The Historic Preservation Commission, pursuant to the procedures and criteria of Chapter 26.412, Commercial Design Review, may reduce by any amount the requirements of this Section for historic landmark properties upon one (1) of the following circumstances: a) When the Historic Preservation Commission approves the on -site relocation of an historic landmark such that the amount of on -site public space is reduced below that required by this Chapter. b) When the manner in which an historic landmark building was originally developed reduces the amount of on -site public amenity required by this Chapter. c) When the redevelopment or expansion of an historic landmark constitutes an exemplary preservation effort deserving of an incentive or reward. E. Cash -in -lieu payment. When the method of providing public amenity includes a cash -in -lieu payment, the following provisions and limitations shall apply: Formula for determining cash -in -lieu payment: City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 31 Payment = [Land Value] x [Public Amenity Percentage] Where: Land Value = Value of the unimproved land. Public Amenity = Percent of the parcel required to be provided Percentage as a public amenity, pursuant to Subsection 26.575.030.13 lessened by other methods of providing the amenity. Land value shall be the lesser of one hundred dollars ($100.00) per square foot multiplied by the number of square feet constituting the parcel or the appraised value of the unimproved property determined by the submission of a current appraisal performed by a qualified professional real estate appraiser and verified by the Community Development Director. An applicant may only waive the current appraisal requirement by accepting the one hundred -dollar -per -square -foot standard. The payment -in -lieu of public amenity shall be due and payable at the time of issuance of a building permit. The City Manager, upon request, may allow the required payment -in -lieu to be amortized in equal payments over a period of up to five (5) years, with or without interest. All funds shall be collected by the Community Development Director and transferred to the Finance Director for deposit in a separate interest -bearing account. Monies in the account shall be used solely for the purchase, development, or capital improvement of land or public rights -of -way for open space, pedestrian or bicycle infrastructure, public amenity, or recreational purposes within or adjacent to the applicable area in which this requirement applies. Funds may be used to acquire public use easements. Fees collected pursuant to this Section may be returned to the then -present owner of property for which a fee was paid, including any interest earned, if the fees have not been spent within seven (7) years from the date fees were paid, unless the City Council shall have earmarked the funds for expenditure on a specific project, in which case the City Council may extend the time period by up to three (3) more years. For the purpose of this Section, payments shall be spent in the order in which they are received. To obtain a refund, the present owner must submit a petition to the Finance Director within one (1) year following the end of the seventh year from the date payment was received. All petitions shall be accompanied by a notarized, sworn statement that the petitioner is the current owner of the property and by a copy of the dated receipt issued for payment of the fee. F. Design and operational standards for public amenity. Public amenity, on all privately owned land in which public amenity is required, shall comply with the following provisions and limitations: 1. Open to view. Public amenity areas shall be open to view from the street at pedestrian level, which view need not be measured at right angles. 2. Open to sky. Public amenity areas shall be open to the sky. Temporary and seasonal coverings, such as umbrellas and retractable canopies, are permitted. Such nonpermanent structures shall not be considered a reduction in public amenity on the parcel. Trellis structures shall only be permitted in conjunction with commercial restaurant uses on a designated historic landmark or within Historic Overlay Zones, and must be approved City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 32 pursuant to review requirements contained in Chapter 26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development within an Historic Overlay District. Such approved structures shall not be considered a reduction in public amenity on the parcel. 3. No walls/enclosures. Public amenity areas shall not be enclosed. Temporary structures, tents, air exchange entries, plastic canopy walls and similar devices designed to enclose the space are prohibited. Low fences or walls shall only be permitted within or around the perimeter of public space if such structures shall permit views from the street into and throughout the public space. 4. Prohibited uses. Public amenity areas shall not be used as storage areas, utility/trash service areas, delivery areas or parking areas or contain structures of any type, except as specifically provided for herein. 5. Grade limitations. Required public amenity shall not be more than four (4) feet above or two (2) feet below the existing grade of the street or sidewalk which abuts the public space, unless the public amenity space shall follow undisturbed natural grade, in which case there shall be no limit on the extent to which it is above or below the existing grade of the street, or if a second level public amenity space is approved by the Commission. ( 6. Jedestrian links. In the event that the City shall have adopted a trail plan incorporating mid - block pedestrian links, any required public space must, if the City shall so elect, be applied ( and dedicated for such use. 7. Landscaping plan. Prior to issuance of a building permit, the Community Development Director shall require site plans and drawings of any required public amenity area,.including a landscaping plan and a bond in a satisfactory form and amount to ensure compliance with any public amenity requirements under this Title. 8. Maintenance of landscaping. Whenever the landscaping required herein is not maintained, the Chief Building Official, after thirty (30) days' written notice to the owner or occupant of the property, may revoke the certificate of occupancy until said party complies with the landscaping requirements of this Section. 9. Outdoor Merchandising on Private Pro erty. Private property may be utilized for merchandising purposes by those businesses located adjacent to and on the same parcel as the outdoor space. This shall not grant transient sales from peddlers who are not associated with an adjacent commercial operation; this includes service uses such as massage, tarot card reading, aura analysis, etc. Outdoor merchandising shall be directly associated with the adjacent business and shall not permit stand-alone operations, including, but not limited to, automated bike rental racks, movie rental kiosks, automated dog washes, or automated massage furniture. In addition, outdoor merchandising must meet the following requirements: a) Merchandise must be maintained, orderly and located in front of or proximate to the storefront related to the sales. ( b) The display of merchandise shall in no way inhibit the movement of pedestrian traffic along the public right-of-way. All merchandising shall be located on private property. A City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 33 minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. c) Outdoor clothing displays including, but not limited to, coats, jeans, shirts, athletic apparel, and footwear shall be allowed. Outside clothing displays of two (2) mannequins or one (1) clothing rack of up to six (6) feet in length, but not both, are allowed. Bins, boxes, and containers that sit directly on the ground are allowed for outdoor clothing sales, but cardboard boxes are prohibited. All outdoor merchandise displays must have a minimum height of not less than 27 inches from grade to prevent tripping hazards. For all other types of merchandise, the size and amount allowed shall be under the discretion of the property owner, d) Umbrellas, retractable canopies, and similar devices are not permitted for outdoor merchandising. See Section 26.304.070.F.2. e) Merchandise shall be displayed for sale with the ability for pedestrians to view the item(s). Outdoor areas shall not be used solely for storage. The prohibition of storage shall be limited to merchandising on private property and shall not apply to permitted commercial activity on an abutting right-of-way or otherwise permitted by the City. 10.Outdoor Restaurant Seating on Private Property. Private Property may be used for commercial restaurant use if adequate pedestrian and emergency vehicle access is maintained. Umbrellas, retractable canopies, and similar devices are permitted for commercial restaurant uses. For outdoor food vending in the Commercial Core District, also see Paragraph 26.470.040.B.3, Administrative growth management review. 11. Design guideline compliance. The design of the public amenity shall meet the parameters of the Commercial, Lodging and Historic District Design Objectives and Guidelines. (Ord. No. 55-2000, §15; Ord. No. 1-2002, §16; Ord. No. 23-2004, §3; Ord. No. 2-2005, §2; Ord. No. 5, 2005, §2; Ord. No. 13, 2007, §2, Ord. No. 9A, 2010 §2; Ord. No. 14 - 2013,§2) 26.575.040 RESERVED (Ord. No. 13-2005, §3; Ord. No. 50-a-2005, §6; Ord. No. 12, 2007, §§33, 34; Ord. No. 27-2010, §2) 26.575.045 Junkyards and service yards Junkyards (See Definitions, Section 25.104.100) shall be screened from the view of other lots, structures uses and rights -of -way. Service yards (See Definitions, Section 26.104.100) shall be fenced so as not to be visible from the street and such fences shall be a minimum six (6) feet high from grade. All fences shall be of sound construction and shall have not more than ten percent (10%) open area. 26.575.050 Fence Materials Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards (see Chapter 26.410), Historic Preservation Design Guidelines (see Chapter 26.415), the Commercial Design Standards (see Chapter 26.412), Calculations and Measurements — setbacks (see Chapter 26.575.020.5), or the City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 34 Engineering Design Standards (see landscaping). Fences visible from the public right-of-way shall be constructed of wood, stone, wrought iron, concrete, metal, wire, or masonry. Chain link, plastic, vinyl or synthetic fences are prohibited. (Ord. No. 55-2000, §16; Ord. No. 12, 2007, §35; Ord. No. 7, 2014, §10) 26.575.060 Driveways Driveways are not permitted to be gated. Note: Section 26.575.060, formerly Utility/trash/recycle service areas was repealed via Ordinance No. 13 (Series of 2013). Chapter 12.06, Waste Reduction and Recycling was amended via the above referenced ordinance to address waste and recycling areas. (Ord. No. 5-2005, §3; Ord. No. 12, 2007, §36; Ord. No. 7-2013, § 4; Ord. No. 13-2013, § 10; Ord. No. 7-2014, § 11) 26.575.070 Reserved (formerly Use square footage limitations) (Ord. No. 7-2013, §2) 26.575.080 Child care center A. A daycare center shall provide one (1) off-street parking space per employee, a child loading/unloading area of adequate dimensions, preferably off-street and adequately sized indoor and outdoor play areas and shall maintain minimum hours of operation of 7:30 a.m. to 5:30 p.m. from Monday through Friday. B. A facility which provides regular supervision and care of five (5) or fewer children per day shall be considered a family daycare home and shall be allowed as an accessory use, subject to the following: 1. If the family daycare home is developed in conjunction with a residential use, it shall meet the requirements of a home occupation. 2. If the family daycare home is developed in conjunction with an institution or business, it shall be limited to use by the children of the employees or guests of that institution or business and shall provide one (1) off-street parking space. 26.575.090 Home occupations Home occupations are permitted in all residential dwellings in the City. To ensure home occupations are clearly incidental and secondary to the residential character of the home, a home occupation must comply with each of the following: A. Employees. Employs no more than one (1) person who is a nonresident of the dwelling; and B. Business License. Operates pursuant to a valid Business License for the use held by the resident of the dwelling unit; and C. Signage. Any signs must comply with Chapter 26.510 SIGNS; and D. Outdoor Storage. Any outside storage shall be screened or enclosed; and City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 35 E. Nuisance. Does not utilize mechanical, electrical or other equipment or items which produce noise, electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor or other nuisance outside the residential building or accessory structure; and F. Prohibitions. Does not include any of the following uses as a home occupation: Retail uses where the point of sale occurs within the residence (does not prohibit off -premise or internet sales); Restaurant uses; health or medical clinic, mortuary, nursing home, veterinarian's clinic, pharmacy, the sale, production, cultivation or testing of marijuana or marijuana products, child care center for 6 or more children (see Section 26.575.080), warehousing, brewery, distillery, coffee roasting facility, liquor store, group home, dancing studio, or for the storage, sale, production, processing of flammable or volatile materials. A home occupation license may be revoked if the use creates a substantial nuisance or hazard to neighboring residents. (Ord. No. 7-2013, §3; Ord. No. 23-2014, §1) 26.575.100 Landscape maintenance Landscaping shown on any approved site development plan shall be maintained in a healthy manner for a minimum three (3) year period from the date of the receipt of the financial assurance referenced below. In the event that plant material dies, the owner of the property shall replace the plant material with similar quality within forty-five (45) days of notification by the Community Development Director. If seasonal constraints do not allow planting of the approved plant material within forty- five (45) days the owner may in writing seek permission from the Community Development Director to: A. Provide financial assurances equal to one hundred twenty percent (120%) of the amount of the replacement landscaping and installation costs as approved by the Parks Department and in a form satisfactory to the City Attorney. The completion of the landscape replacement shall be accomplished no later than June 15th of the next planting season; otherwise the financial assurances shall be forfeited to the City. B. Submit for approval a revised landscape plan. 26.575.110 Building envelopes Approved plantings of landscape materials on natural grade and approved walkways and driveways may occur outside of a building envelope. Otherwise, all areas outside of a building envelope shall remain in pristine and untouched condition unless approved by the Community Development Director. /For purposes of site -specific development plans, building envelopes may be established to restrict development to protect slopes, important vegetation, water courses, privacy or other considerations. Building envelopes shall be described on recorded plats, site -specific development plans ordinances, resolutions and building permit site plans. Building envelopes required or designated as part of a development approval shall be depicted on the applicable plat, site plan, site -specific development plan, map or building permit. 26.575.120 Satellite dish antennas City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 36 A. Satellite dish antennas twenty-four (24) inches in diameter or more must receive building permits, if required, prior to installation. Prior to the issuance of appropriate building permits, satellite dish antennas greater than twenty-four (24) inches in diameter shall be reviewed and approved by the Community Development Director in conformance with the following criteria. Any satellite dishes installed on a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or in an H, Historic Overlay District shall be reviewed according to Subsection 26.415.070.B. Use. The proposed use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. 2. Location, size and design. The location, size, design and operating characteristics of the proposed use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. 3. Area and bulk requirements. The installation of a satellite dish antenna shall not cause a violation of area and bulk requirements within the zone district in which it is located, unless a variance is granted by the Board of Adjustment. 4. Right-of-way. A satellite dish antenna shall not be placed on an easement or in the City right- of-way, unless an encroachment permit is secured. 5. Increased dancer. The installation of a satellite dish antenna shall not cause any increased danger to neighboring property in the event of collapse or other failure of the antenna structure. 6. Visual impact. The visibility of the dish from the public way shall be reduced to the highest degree practical including, but not limited to, sensitive choice in placement of the dish, screening with fencing, landscaping, sub -grade placement or any other effective means that both screen the dish and does not appear to be unnatural on the site. B. Conditions. The Community Development Director may apply reasonable conditions to the approval deemed necessary to insure conformance with said review criteria. If the Community Development Director determines that the proposed satellite dish antenna does not comply with the review criteria and denies the application or the applicant does not agree to the conditions of approval determined by the Community Development Director, the applicant may apply for conditional use review by the Planning and Zoning Commission. C. Procedures. Procedures established in Chapter 26.304, Common Development Review Procedures, shall apply to all satellite dish antennas. (Ord. No. 1-2002 § 17) 26.575.130 Wireless telecommunication services facilities and equipment A. Intent and purpose: To provide design standards for cellular communication facilities in order to ensure their compatibility with surrounding development. The unique and diverse landscapes of the City are among its most valuable assets. Protecting these assets will require that location and City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 37 design of wireless communication services facilities and equipment be sensitive to and in scale and harmony with, the character of the community. The put -pose of these regulations is to provide predictable and balanced standards for the siting and screening of wireless telecommunication services facilities and equipment on property within the jurisdiction of the City in order to: 1. Preserve the character and aesthetics of areas which are in close proximity to wireless telecommunication services facilities and equipment by minimizing the visual, aesthetic and safety impacts of such facilities through careful design, siting and screening; placement, construction or modification of such facilities; 2. Protect the health, safety and welfare of persons living or working in the area surrounding such wireless telecommunication services facilities and equipment from possible adverse environmental effects (within the confines of the Federal Telecommunications Act of 1996) related to the placement, construction or modification of such facilities; 3. Provide development which is compatible in appearance with allowed uses of the underlying zone; 4. Facilitate the City's permitting process to encourage fair and meaningful competition and, to the greatest extent possible, extend to all people in all areas of the City high quality wireless telecommunication services at reasonable costs to promote the public welfare; and 5. Encourage the joint use and clustering of antenna sites and structures, when practical, to help reduce the number of such facilities which may be required in the future to service the needs of customers and thus avert unnecessary proliferation of facilities on private and public property. B. Applicability. All applications for the installation or development of wireless telecommunication services facilities and/or equipment must receive building permits, prior to installation. Prior to the issuance of appropriate building permits, wireless telecommunication services facilities and/or equipment shall be reviewed for approval by the Community Development Director in conformance with the provisions and criteria of this Section. Wireless telecommunication services facilities and equipment subject to the provisions and criteria of this Section include cellular telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS), commercial mobile radio service (CMRS) and other wireless commercial telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms. These provisions and criteria do not apply to noncommercial satellite dish antennae, radio and television transmitters and antennae incidental to residential use. All references made throughout this Section, to any of the devices to which this Section is applicable, shall be construed to include all other devices to which this Section 26.575.130 is applicable. C. Procedure. 1. General. Pursuant to Section 26.304.020, the applicant shall conduct a pre -application conference with staff of the Community Development Department. The planner shall then prepare a pre -application summary describing the submission requirements and any other City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 38 pertinent land use material, the fees associated with the reviews and the review process in general. 2. Administrative review. After the pre -application summary is received by the applicant, said applicant shall prepare an application for review and approval by staff and the Community Development Director, respectively. In order to proceed with additional land use reviews or obtain a development order, the Community Development Director shall find the submitted development application consistent with the provisions, requirements and standards of this Chapter. 3. Appeal of Director's determination. The Community Development Director may apply reasonable conditions to the approval as deemed necessary to ensure conformance with applicable review criteria in Subsection 26.575.130.F. If the Community Development Director determines that the proposed wireless telecommunication services facilities and equipment do not comply with the review criteria and 'denies the application or the applicant does not agree to the conditions of approval determined by the Community Development Director, the applicant may apply for special review (Chapter 26.430) by the Planning and Zoning Commission or, if applicable, by the Historic Preservation Commission, and such application must be made within fifteen (15) calendar days of the day on which the Community Development Director's decision is rendered. All appeals shall require public hearings and shall be noticed by the applicant in accordance with Paragraphs 26.304.060.E.3.a, b and c of this Code. 4. Historic Preservation Commission review. Proposals for the location of wireless telecommunication services facilities or equipment on any historic site or structure or within any historic district, shall be reviewed by the Historic Preservation Commission (HPC). Review of applications for wireless telecommunication services facilities and/or equipment by the HPC shall replace the need for review by the Community Development Director. Likewise, if the Historic Preservation Commission determines that the proposed wireless telecommunication services facilities and equipment do not comply with the review criteria and denies the application or the applicant does not agree to the conditions of approval determined by the Historic Preservation Commission, the applicant may appeal the decision to the City Council, and such appeal must be filed within fifteen (15) calendar days of the day on which the Historic Preservation Commission's decision is rendered. All appeals shall require public hearings and shall be noticed by the applicant in accordance with Paragraphs 26.304.060.E.3.a, b and c of this Code. 5. Building permit. A building permit application cannot be filed unless and until final land use approval has been granted and a development order has been issued. When applying for building permits, the applicant shall submit a signed letter acknowledging receipt of the decision granting land use approval and his/her agreement with all conditions of approval, as well as a copy of the signed document granting the land use approval for the subject building permit application. 6. Special review. An application requesting a variance from the review standards for height of wireless telecommunications service facilities and/or equipment or an appeal of a determination made by the Community Development Director, shall be processed as a special review in accordance with the common development review procedures set forth in Chapter City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 39 26.304. The special review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Paragraphs 26.304.060.E.3.b and c. Review is by the Planning and Zoning Commission. If the property is listed on the Aspen inventory of historic landmark sites and structures or within a Historic Overlay District and the application has been authorized for consolidation pursuant to Chapter 26.304, the Historic Preservation Commission shall consider the special review. Such special review may be approved, approved with conditions or denied based on conformance with the following criteria: a) Conformance with the applicable review standards of Subsection 26.575.130.F. b) If the facility or equipment is located on property listed on the Aspen inventory of historic landmark sites and structures or within any historic district, then the applicable standards of Chapter 26.415 (Development involving the Aspen inventory of historic landmark sites and structures or development in an "H," Historic Overlay District) shall apply. D. Application. An application for approval of new, modified or additional wireless telecommunication services facilities and/or equipment shall comply with the submittal requirements applicable to conditional use reviews pursuant to Chapter 26.304, Common development review procedures and Chapter 26.425, Conditional uses of the Aspen Municipal Code. Also, wireless telecommunication services facilities and equipment applications shall contain at least the following additional information: 1. Site plan or plans drawn to a scale of one (1) inch equals ten (10) feet or one (1) inch equals twenty (20) feet, including "before and after" photographs (simulations) specifying the location of antennas, support structures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one hundred fifty (150) feet. Such plans and drawings should demonstrate compliance with the review standards of this Section. 2. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified (wet ink signed and stamped and dated within the past twelve (12) months) by a registered land surveyor; licensed in the State. 3. Landscape plan drawn to a scale of one (1) inch equals ten (10) feet or one (1) inch equals twenty (20) feet, including "before and after" photographs (simulations) indicating size, spacing and type of plantings and indicating steps to be taken to provide screening as required by the review standards of this Section. The landscape plans shall also indicate the size, location and species of all existing vegetation and whether each of those indicated are proposed for removal (indicate proposed mitigation), relocation (indicate from and to) or preservation. The planner can determine if a landscape plan is necessary; for instance, when an antenna is to be attached to a building, this requirement may be waived. 4. Elevation drawings or "before and after" photographs/drawings simulating and specifying the location and height of antennas, support structures, transmission buildings and/or other accessory uses, fences and signs. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page,10 5. Lighting plan and photometric study indicating the size, height, location and wattage of all proposed outdoor lighting sources. This study must also include a graphic indicating the spread and degree/intensity of light from each source/fixture. This requirement can be waived by the Community Development Director if little or no outdoor lighting is proposed. 6. Structural integrity report from a professional engineer licensed in the State documenting the following: a) Tower height and design, including technical, engineering, economic and other pertinent factors governing selection of the proposed design; b) Total anticipated capacity of the structure, including number and types of antennas which can be accommodated; c) Failure characteristics of the tower and demonstration that site and setbacks are of adequate size to contain debris in the event of failure; and d) Specific design and reconstruction plans to allow shared use. This submission is required only in the event that the applicant intends to share use of the facility by subsequent reinforcement and reconstruction of the facility. 7. FAA and FCC coordination. Statements regarding the regulations of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC), respectively, that: a) (Required only if the facility is near an airfield) The application has not been found to be a hazard to air navigation under Part 77, Federal Aviation, Federal Aviation Regulations or a statement that no compliance with Part 77 is required and the reasons therefor. A letter from the Sardy Field Airport Administrator will also be required if the Community Development Director determines that the proposed facility may impact airport operations; b) (Required of all wireless telecommunication services facility or equipment applicants) The application complies with the regulations of the Federal Communications Commission with regard to maximum radio frequency and electromagnetic frequency emissions or a statement from the applicant that no such compliance is necessary and the reasons therefore. 8. Evidence that an effort was made to locate on an existing wireless telecommunication services facility site including coverage/ interference analysis and capacity analysis and a brief statement as to other reasons for success or no success. 9. Written documentation in the form of a signed affidavit demonstrating a good faith effort in locating facilities in accordance with site selection order of preference outline below. 10. All companies and providers of wireless telecommunication service facilities and equipment within the City shall, during their preapplication conference for a new facility, be prepared to verbally outline, -to the best of current knowledge, a master or long-term plan for all proposed sites within a three-mile radius of the City. In particular, companies and providers should be prepared to discuss their need for the proposed site and how it fits into their existing and proposed coverage grids. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 41 E. General provisions and requirements. The following provisions apply to all wireless telecommunication services facilities and equipment applications, sites and uses. 1. Prohibitions. Lattice towers (a structure, with three or four steel support legs, used to support a variety of antennae; these towers generally range in height from sixty (60) to two hundred (200) feet and are constructed in areas where great height is needed, microwave antennas are required or where the weather demands a more structurally sound design) are prohibited within the City. Towers (support structures) shall be prohibited in the following Zone Districts: Medium - Density Residential (R-6); Moderate -Density Residential (R-15, R45A, R-1513); Low - Density Residential (R-30); Residential Multi -Family (RMF, RMFA); and Affordable Housing/Planned Unit Development (AH-1/PUD). All wireless telecommunication services facilities and equipment not prohibited by the preceding statements shall be allowed in all other zone districts subject to review and approval by the Community Development Director pursuant to the provisions, requirements and standards of this Chapter, including consistency with the dimensional requirements of the underlying zone district. 2. Site selection. Wireless communication facilities shall be located in the following order of preference: First: On existing structures such as buildings, communication towers, flagpoles, church steeples, cupolas, ball field lights, nonornamental/antique street lights such as highway lighting, etc. Second: In locations where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening. Least: On vacant ground or highly visible sites without significant visual mitigation and where screening/buffering is difficult at best. 3. Interference. See Section 15.04.470, Radio Interference Prohibited, of this Code. 4. Airports and flight paths. Wireless telecommunication services facilities and equipment shall not present a hazard to air navigation under Part 77, Federal Aviation, Federal Aviation Regulations. 5. Historic sites and structures. In addition to the applicable standards of Chapter 26.415, all of the foregoing and following provisions and standards of this Chapter shall apply when wireless telecommunication services, facilities and equipment are proposed on any historic site or structure or within any historic district. 6. Public buildings structures and rights -of -way. Leasing of public buildings, publicly owned structures and/or public rights -of -way for the purposes of locating wireless telecommunication services facilities and/or equipment is encouraged. In cases where a facility is proposed on City property, specific locations and compensation to the City shall be negotiated in lease agreements between the City and the provider on a case -by -case basis and would be subject to all of the review criteria contained in this Section. Such agreements City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 42 ( would not provide exclusive arrangements that could tie up access to the negotiated sites or limit competition and must allow for the possibility of "co -locating" (sharing of facilities) with other providers as described in Subsection E.7, below. 7. Co -location. Co -location or sharing, of facilities with other providers is encouraged. Co - location can be achieved as either building -mounted, roof -mounted or ground -mounted facilities. In designing poles, applicants are strongly encouraged to consider the possibility of present or future co -location of other wireless communication equipment by structurally overbuilding in order to handle the loading capacity of additional antennas, for the use of the company and for other companies to use as well. Applicants shall use good faith efforts to negotiate lease rights to other telecommunications users who desire to use the monopole. Co - location on an existing support structure (tower) shall be permitted as an accessory use. A maximum of two (2), twenty-four (24) inch diameter dish antennas are permitted per monopole. Projections of any type on the monopole, which are not antennas, are strongly discouraged. Multiple use facilities are encouraged as well. Wireless telecommunication services facilities and equipment may be integrated into existing or newly developed facilities that are functional for other purposes, such as ball field lights, flagpoles, church steeples, highway lighting, etc. All multiple use facilities shall be designed to make the appearance of the antennae relatively inconspicuous. The co -location requirement may be waived by the Community Development Director upon a showing that either federal or state regulations prohibit the use, the proposed use will interfere with the current use, the proposed use will interfere with surrounding property or uses, the proposed user will not agree to reasonable terms or such co -location is not in the best interest of the public health, safety or welfare. Time needed to review a co -location request shall not greatly exceed that for a single applicant. 8. Maintenance. All towers, antennas, related facilities and equipment and subject sites shall be maintained in a safe and clean manner in accordance with project approvals and building codes. The operator/property owner shall be responsible for maintaining free from graffiti, debris and litter, those areas of the site which are adjacent to the premises over which he or she has control. The applicant shall be responsible for reasonable upkeep of the facility and subject property. All towers, antennas and related facilities shall be subject to periodic inspection to ensure continuing compliance with all conditions of approval and requirements of this Section. 9. Abandonment and removal. All required approvals will be in effect only so long as the antennas and other structures are operated at the site. Facilities that are not in use for ninety (90) consecutive days for cellular communication purposes shall be considered abandoned and shall be removed by the facility owner. The site shall be restored to the condition it was in prior to the installation/location of the facility. Such removal shall be carried out in accordance with proper health and safety requirements. A written notice of the determination of abandonment shall be sent or delivered to the operator of the wireless communication facility. The operator shall have ninety (90) days to remove the facility or provide the Community Development Department with evidence that the use has not been discontinued. The Community Development Director shall review all City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 43 evidence and shall determine whether or not the facility is abandoned. Upon refusal or failure of an owner and/or operator to timely remove a facility as required under this Section, the facility shall be deemed an abandoned illegal structure subject to abatement as a public nuisance. 10. Conditions and limitations. The City shall reserve the right to add, modify or delete conditions after the approval of a request in order to advance a legitimate City interest related to health, safety or welfare. Prior to exercising this right, the City shall notify the owner and operator in advance and shall not impose a substantial expense or deprive the affected party of a substantial revenue source in the exercising of such right. Approval by the Community Development Director for a wireless telecommunication services facility and/or equipment application shall not be construed to waive any applicable zoning or other regulations; and wherein not otherwise specified, all other requirements of this Code shall apply. All requests for modifications of existing facilities or approvals shall be submitted to the Community Development Director for review under all provisions and requirements of this Section. If other than minor changes are proposed, a new, complete application containing all proposed revisions shall be required. F. Review standards. The following standards are designed to foster the City's safety and aesthetic interests without imposing unreasonable limitations on wireless telecommunication services facilities and equipment: 1. Setbacks. At a minimum, all wireless telecommunication services facilities and equipment shall comply with the minimum setback requirements of the underlying zone district; if the following requirements are more restrictive than those of the underlying zone district, the more restrictive standard shall apply. a) All facilities shall be located at least fifty (50) feet from any property lines, except when roof -mounted (above the eave line of a building). Flat -roof mounted facilities visible from ground level within one -hundred (100) feet of said property shall be concealed to the extent possible within a compatible architectural element, such as a chimney or ventilation pipe or behind architectural skirting of the type generally used to conceal HVAC equipment. Pitched -roof -mounted facilities shall always be concealed within a compatible architectural element, such as chimneys or ventilation pipes. b) Monopole towers shall be set back from any residentially zoned properties a distance of at least three (3) times the monopole's height (i.e., a sixty (60) foot setback would be required for a twenty (20) foot monopole) and the setback from any public road, as measured from the right -of. -way line, shall be at least equal to the height of the monopole. c) No wireless communication facility may be established within one -hundred (100) feet of any existing, legally established wireless communication facility except when located on the same building or structure. d) No portion of any antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area, but may be attached to the building. 2. Height. The following restrictions shall apply: City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 44 a) Wireless telecommunication services facilities and/or equipment not attached to a building shall not exceed thirty-five (35) feet in height or the maximum permissible height of the given Zone District, whichever is more restrictive. b) Whenever a wireless telecommunication services antenna is attached to a building roof, the antenna and support system for panel antennas shall not exceed five (5) feet above the highest portion of that roof, including parapet walls and the antenna and support system for whip antennas shall not exceed ten (10) feet above the highest portion of that roof, including parapet walls. c) The Community Development Director may approve a taller antenna height than stipulated in b. above if it is his or her determination that it is suitably camouflaged, in which case an administrative approval may be granted. d) If the Community Development Director determines that an antenna taller than stipulated in b. above cannot be suitably camouflaged, then the additional height of the antenna shall be reviewed pursuant to the process and standards (in addition to the standards of this Section) of Chapter 26.430 (Special review). e) Support and/or switching equipment shall be located inside the building, unless it can be fully screened from view as provided in the "Screening" standards (26.475.130 and 26.575.130.F.5) below. 3. Architectural compatibility. Whether manned or unmanned, wireless telecommunication services facilities shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. In addition: a) If such facility is accessory to an existing use, the facility shall be constructed out of materials that are equal to or of better quality than the materials of the principal use. b) Wireless telecommunication services equipment shall be of the same color as the building or structure to which or on which such equipment is mounted or as required by the appropriate decision -making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City .Council, as applicable). c) Whenever wireless telecommunication services equipment is mounted to the wall of a building or structure, the equipment shall be mounted in a configuration designed to blend with and be architecturally integrated into a building or other concealing structure, be as Rush to the wall as technically possible and shall not project above the wall on which it is mounted. d) Monopole support buildings, which, house cellular switching devices and/or other equipment related to the use, operation or maintenance of the subject monopole, must be designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Community Development Director may require a particular design that is deemed to be suitable to the subject location. e) All utilities associated with wireless communication facilities or equipment shall be underground (also see "Screening" below). City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 45 4. Compatibility with the natural environment. Wireless telecommunication services facilities and equipment shall be compatible with the surrounding natural environment considering land forms, topography and other natural features and shall not dominate the landscape or present a dominant silhouette on a ridge line. In addition: a) If a location at or near a mountain ridge line is selected, the applicant shall provide computerized, three-dimensional, visual simulations of the facility or equipment and other appropriate graphics to demonstrate the visual impact on the view of the affected ridges or ridge lines; an 8040 Greenline Review, pursuant to the provisions of Section 26.435.030, may also be required. b) Site disturbances shall be minimized and existing vegetation shall be preserved or improved to the extent possible, unless it can be demonstrated that such disturbance to vegetation and topography results in less visual impact to the surrounding area. c) Surrounding view planes shall be preserved to the extent possible. d) All wireless telecommunication services facilities and equipment shall comply with the Federal Communication Commission's regulations concerning maximum radio frequency and electromagnetic frequency emissions. Screening. Roof -and -ground -mounted wireless telecommunication services facilities and equipment, including accessory equipment, shall be screened from adjacent and nearby public rights -of -way and public or private properties by paint color selection, parapet walls, screen walls, fencing, landscaping and/or berming in a manner compatible with the building's and/or surrounding environment's design, color, materials, texture, land forms and/or topography, as appropriate or applicable. In addition: a) Whenever possible, if monopoles are necessary for the support of antennas, they shall be located near existing utility poles, trees or other similar objects; consist of colors and materials that best blend with their background; and, have no individual antennas or climbing spikes on the pole other than those approved by the appropriate decision -making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable). b) For ground -mounted facilities, landscaping may be required to achieve a total screening effect at the base of such facilities or equipment in order to screen the mechanical characteristics; a heavy emphasis on coniferous plants for year-round screening may be required. Landscaping shall be of a type and variety capable of growing within one (1) year to a landscape screen which satisfactorily obscures the visibility of the facility. c) Unless otherwise expressly approved, all cables for a facility shall be fully concealed from view underground or inside of the screening or monopole structure supporting the antennas; any cables that cannot be buried or otherwise hidden from view shall be painted to match the color of the building or other existing structure. d) Chain link fencing shall be unacceptable to screen facilities, support structures or accessory and related equipment (including HVAC or mechanical equipment present on support buildings); fencing material, if used, shall be six (6) feet in height or less and shall consist of wood, masonry, stucco, stone or other acceptable materials that are opaque. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 46 e) Notwithstanding the foregoing, the facility shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these screening standards, the Community Development Director may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls, sign and structural applications, manufactured devices and other features designed to screen, camouflage and buffer antennas, poles and accessory uses. For example, the antenna and supporting structure or monopole may be of such design and treated with an architectural material so that it is camouflaged to resemble a tree with a single trunk and branches on its upper part. The plan should accomplish the same degree of screening achieved by meeting the standards outlined above. 6. Lighting and signage. In addition to other applicable sections of the code regulating signage or outdoor lighting, the following standards shall apply to wireless telecommunication services facilities and equipment: a) The light source for security lighting shall feature down -directional, sharp cut-off luminaries to direct, control, screen or shade in such a manner as to ensure that there is no spillage of illumination off -site. b) Light fixtures, whether free standing or tower -mounted, shall not exceed twelve (12) feet in height as measured from finished grade. c) The display of any sign or advertising device other than public safety warnings, certifications or other required seals on any wireless communication device or structure is prohibited. d) The telephone numbers to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapter 26.510, Signs, of this Title. 7. Access ways. In addition to ingress and egress requirements of the Building Code, access to and from wireless telecommunication services facilities and equipment shall be regulated as follows: a) No wireless communication device or facility shall be located in a required parking, maneuvering or vehicle/pedestrian circulation area such that it interferes with or in any way impairs, the intent or functionality of the original design. b) The facility must be secured from access by the general public but access for emergency services must be ensured. Access roads must be capable of supporting all potential emergency response vehicles and equipment. c) The proposed easements for ingress and egress and for electrical and telephone shall be recorded at the County Clerk and Recorder's Office prior to the issuance of building permits. (Ord. No. 1-2002 § 18; Ord. No. 52-2003, §§ 14, 15) 26.575.140 Accessory uses and accessory structures An accessory use shall not be construed to authorize a use not otherwise permitted in the zone district in which the principal use or structure to which it is accessory. An accessory use or structure may not be established prior to the establishment of the principal use or structure to which it is accessory. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 47 Accessory buildings or structures shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation. 26.575.150 Outdoor lighting A. Intent and purpose. The City has experienced a significant increase in the use of exterior illumination. City residents value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky and results in unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary. This Section is intended to help maintain the health, safety and welfare of the residents of Aspen through regulation of exterior lighting in order to: a. Promote safety and security; b. Help preserve the small town character; c. Eliminate the escalation of nighttime light polhrtion; d. Reduce glaring and offensive light sources; e. Provide clear guidance to builders and developers; f. Encourage the use of improved technologies for lighting; g. Conserve energy; and h. Prevent inappropriate and poorly designed or installed outdoor lighting. B. Applicability. The lighting standards of this Section shall be applicable to all outdoor lighting within the City. Existing outdoor lighting shall be considered legal nonconforming lighting for one (1) year from the adoption date of this ordinance. C. Definitions. a. Fully shielded light: Light fixtures shielded or constructed so that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. The fixture must also be properly installed to effectively down direct light in order to conform with the definition. b. Foot-candles: A unit of illumination of a surface that is equal to one lumen per square foot. For the purposes of these regulations, foot-candles shall be measured at a height of 3 ft. above finished grade. c. Fixture height: Height of the fixture shall be the vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture. d. High intensity discharge light source (HID): Light sources characterized by an are tube or discharge capsule that produces light, with typical sources being metal halide, high pressure City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 48 sodium and other similar types which are developed in accordance with accepted industry standards. e. Point light source: The exact place from which illumination is produced (i.e., a light bulb filament or discharge capsule). f. Light trespass: The shining of light produced by a light fixture beyond the boundaries of the property on which it is located. D. Lighting plans. a. An outdoor lighting plan shall be submitted in conjunction with applications for subdivision, planned development, development within any environmentally sensitive area, special review application and building permit application for a commercial or multi -family building. Such lighting plans shall be subject to establishment and approval through the applicable review processes. Said lighting plan shall show the following: 1) The location and height above grade of light fixtures; 2) The type (such as incandescent, halogen, high-pressure sodium) and luminous intensity of each light source; 3) The type of fixture (such as floodlight, full -cutoff, lantern, coach light); 4) Estimates for site illumination resulting from the lighting, as measured in foot-candles, should include minimum, maximum and average illumination. Comparable examples already in the community that demonstrate technique, specification and/or light level should be provided if available to expedite the review process; and 5) Other information deemed necessary by the Community Development Director to document compliance with the provisions of this Chapter. b. Single family and duplex building shall be in compliance with the standards of Section 26.575.090. E. Nonresidential lighting standards. The following lighting standards shall be applicable to all nonresidential properties including mixed uses: a. Outdoor lighting used to illuminate parking spaces, driveways, maneuvering areas or buildings shall conform to the definition for "fully shielded light fixtures" and be designed, arranged and screened so that the point light source shall not be visible from adjoining lots or streets. No portion of the bulb or direct lamp image may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. For example, for a fixture with a mounting height of twelve (12) feet, no portion of the bulb or direct lamp image may be visible from twenty-four (24) feet away in any direction. The light level shall not exceed ten (10) foot-candles as measured three (3) feet above finished grade. Exemptions may be requested for areas with high commercial, pedestrian or vehicular activity up to a maximum of twenty (20) foot-candles. b. Outdoor lighting shall be twelve (12) feet or less in height unless it meets one (1) of the following criteria: 1) The lighting is fully shielded and the point light source is not visible beyond the boundaries of the property in which it is located; or City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 49 2) The lighting is otherwise approved in Subsection 27.575.150.K, Miscellaneous Supplemental Regulations, review standards. c. All light sources which are not fully shielded shall use other than a clear lens material as the primary lens material to enclose the light bulb so as to minimize glare from that point light source. Exceptions may be allowed where there is a demonstrated benefit for the community determined through the exemption process listed in this Section. d. High Intensity Discharge (HID) light sources are allowed with a maximum wattage of one - hundred -seventy-five high-pressure sodium (HPS) and one -hundred -seventy -five -watt metal halide (coated lamp — 3,000 degrees Kelvin). Standards for other HID light sources may be established by the City for new technology consistent with the above restrictions. e. Spacing for security and parking lot light fixtures that are pole mounted shall be no less than seventy-five (75) feet apart. Decorative fixtures (which are also fully shielded) are allowed to maintain a fifty -foot fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than fifty (50) feet measured horizontally. Decorative fixtures directed back toward a building face shall be exempt from this spacing requirement when shielded and shall not exceed fifty (50) watts. Decorative fixtures that are not shielded shall maintain a minimum spacing of twenty-five (25) feet and shall not exceed fifty (50) watts. Where security lighting is a combination of pole and wall mounted fixtures, there shall be a minimum of seventy-five (75) feet and a maximum of one -hundred -fifty -foot spacing. f. Pole mounted fixtures shall be limited to two (2) light sources per pole. g. Mixed use areas that include residential occupancies shall comply with the residential standards on those floors or areas that are more than fifty percent (50%) residential based on square footage of uses. h. Up -lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs or year-round tree canopies, which can functionally contain or limit illumination of the sky. In these cases the fixture spacing is limited to one (1) fixture per one hundred - fifty (150) sq. ft. of area (as measured in a horizontal plane) and a total lamp wattage within a fixture of thirty-five (35) watts. i. Up -lighting of flags is permitted with a limit of two (2) fixtures per flagpole with a maximum of one hundred fifty (150) watts each. The fixtures must be shielded such that the point source is not visible outside of a fifteen -foot radius. j. Outdoor vending, such as gas stations, requires approval for lighting. Lighting shall not exceed a maximum of twenty (20) candles under the canopy. F. Residential lighting standards. The following lighting standards shall be applicable to residential properties: a. Outdoor lighting shall be twelve (12) feet or less in height unless it meets one of the following criteria: City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 50 • The lighting is used to illuminate above grade decks or balconies, is fully shielded and the point light source is not visible beyond the boundaries of the property in which it is located; or • The lighting is fully recessed into a roof soffit, fully shielded and is not visible beyond the boundaries of the property in which it is located; or • The lighting is otherwise approved in Section 27.575.150.K, Miscellaneous Supplemental Regulations, review standards. b. Outdoor lighting with HID light sources in excess of thirty-five (35) watts (bulb or lamp) shall be prohibited. In addition, incandescent light sources including halogen shall not exceed fifty (50) watts. c. All light sources that are not fully shielded shall use material other than a clear lens material to enclose the light source. The point light source shall not be visible from adjacent properties. d. Landscape lighting is limited to thirty-five (35) watts per fixture per one hundred fifty (150) square feet of landscaped area (as measured in a horizontal plane). e. Security lights shall be restricted as follows: 1) The point light source shall not be visible from adjoining lots or streets. 2) Flood lights must be controlled by a switch or preferably a motion sensor activated only by motion within owners property. 3) Timer controlled floodlights shall be prohibited. 4) Photo cell lights shall be allowed under the following circumstances: (a) At primary points of entrance (e.g., front entries) or in critical common areas for commercial and multi -family properties; (b) Where the light sources are fully shielded by opaque material (i.e., the fixture illuminates the area but is not itself visibly bright); and (c) The light source or fluorescent (or compact fluorescent) to eliminate excess electricity consumption. 5) Lights must be fully shielded, down directed and screened from adjacent properties in a manner that limits light trespass to one -tenth (.1) of a foot candle as measured at the property line. 6) Light intensity shall not exceed ten (10) foot-candles measured three (3) feet above finished grade. 7) No light fixture shall be greater than twelve (12) feet in height. Exceptions are: (a) Tree mounted fully shielded, downward directed lights using a light of twenty-five (25) watts or less and (b) Building mounted flood lights fully shielded, downward directed lights using a light of fifty (50) watts or less. City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 51 (c) Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owner's property lines. (d) Light trespass at property lines should not exceed .1 of a foot-candle as measured at the brightest point. G. Reserved. H. Exemptions. The following types of lighting installations shall be exempt from the provisions,. requirements and review standards of this Section, including those requirements pertaining to 'Zoning Officer review. Holiday lighting. Winter holiday lighting which is temporary in nature and which is illuminated only between and including November 15 and March 1 shall be exempt from the provisions of this Section, provided that such lighting does not create dangerous glare on adjacent streets or properties, is maintained in an attractive condition and does not constitute a fire hazard. 2. Municipal lighting. Municipal lighting installed for the benefit of public health, safety and welfare including, but not limited to, traffic control devices, street lights and construction lighting. Temporary hg ting. Any person may submit a written request to the Community Development Director for a temporary exemption request. If approved, the exemption shall be valid for not more than fourteen (14) days from the date of issuance of a written and signed statement of approval. An additional fourteen (14) day temporary exemption may be approved by the Director. The Director shall have the authority to refer an application for a temporary exemption to the Planning and Zoning Commission or the Historic Preservation Commission if deemed appropriate. A temporary exemption request shall contain at least the following information: a) Specific exemption or exemptions requested; b) Type, use and purpose of outdoor lighting fixtures involved; c) Duration of time requested for exemption; d) Type of lamp and calculated lumens; e) Total wattage of lamps; f) Proposed location on premises of the outdoor light fixtures; g) Previous temporary exemptions, if any; h) Physical size of outdoor light fixtures and type of shielding provided; and i) Such other information as may be required by the Community Development Department Director. 4. Approved historic lighting fixtures. Nonconforming lighting fixtures which are consistent with the character of the historic structure or district may be exempted with approval from the Historic Preservation Officer or Historic Preservation Commission. Approved fixtures shall City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 52 be consistent with the architectural period and design style of the structure or district and shall not exceed fifty (50) watts. 5. Decorative lighting elements, such as shades with perforated patterns and opaque diffusers, may be exempted from the fully -shielded requirement provided they do not exceed fifty (50) watts. If a proposed lighting plan or fixtures are proposed that do not meet this Code but that have demonstrable community benefit, an exemption may be considered. The applicant shall submit additional information to adequately assess the community benefit for approval by the Community Development Director. I. Prohibitions. The following types of exterior lighting sources, fixtures and installations shall be prohibited in the City of Aspen. 1. Light sources shall not be affixed to the top of a roof or under a roof eave, except where required by Building Code. 2. Lighting for the put -pose of illuminating a building facade shall be prohibited when such lighting is mounted to the ground or poles or is mounted on adjoining/adjacent structures. 3. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity and changing color lights and internally illuminated signs shall be prohibited, except for temporary holiday displays, lighting for public safety or traffic control or lighting required by the FAA for air traffic control and warning purposes. 4. Mercury vapor and low -pressure -sodium lighting shall be prohibited due to their poor color rendering qualities. 5. Linear lighting (including but not limited to neon and fluorescent lighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement shall be prohibited. 6. Unshielded floodlights and timer controlled flood lights shall be prohibited. 7. Lighting directed toward the Roaring Fork River or its tributaries. 8. No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The following is prohibited: . a) Any fixed light not designed for roadway illumination that produces direct light or glare that could be disturbing to the operator of a motor vehicle. b) Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal or City government. 9. No beacon or search light shall be installed, illuminated or maintained. 10. Up -lighting is prohibited, except as otherwise provided for in this Section. J. Nonconforming lighting. Unless otherwise specified within this Ordinance, within one (1) year of the effective date of this Ordinance, all outdoor lighting fixtures that do not conform to City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 53 requirements of this Ordinance must be replaced with conforming fixtures or existing fixtures must be retrofitted to comply. Violations shall be corrected within sixty (60) days of being cited. Until that time, all existing outdoor lighting fixtures that do not already comply shall be considered legal nonconforming fixtures. K. Review standards. 1. Height. Outdoor residential and commercial lighting shall be twelve (12) feet or less above grade in height. Special review by the Planning and Zoning Commission may allow lighting of a greater height under the following circumstances: a) A fixture at a greater height is required due to safety, building design or extenuating circumstances in which case the light shall be fully shielded with a nonadjustable mounting; or b) Lighting for commercial parking and vehicle circulation areas may have a maximum height of twenty (20) feet above grade and shall be fully shielded 2. Foot-candles. Outdoor nonresidential (26.575.070), Sign (26.575.080) and Residential (26.575.090) Lighting standards shall not exceed the foot-candles designated in their respective Sections. Special review by the Planning and Zoning Commission may allow lighting of a greater intensity under the following circumstances: a) A fixture of a greater light intensity is required due to safety, building design or extenuating circumstances in which case the light shall be fully shielded with a nonadjustable mounting; or b) An architectural or historical feature requires greater illumination, in which case the light shall be fully shielded with a nonadjustable mounting. L. Procedures. 1. Administrative review procedures. Lighting plans submitted in conjunction with applications for subdivision, planned development, development within any environmentally sensitive area or special review application shall be reviewed by the Planning and Zoning Commission. 2. Lighting plans submitted as a part of a building permit application for a commercial or multi- family structure shall be reviewed administratively by the Community Development Director. The Director shall have the authority to refer an application to the Planning and Zoning Commission or the Historic Preservation Commission if deemed appropriate. 3. Appeals. Any appeals related to decisions regarding outdoor lighting shall be made to the Board of Adjustment compliant with the procedures in the Appeals Chapter 26.316 of this Title. (Ord. No. 47-1999, § 1; Ord, No. 52-2003, §§ 16-20) 26.575.160 Dormitory Occupancy of a dormitory unit shall be limited to no more than eight (8) persons. Each unit shall provide a minimum of one hundred fifty (150) square feet per person of net living area, including City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 54 sleeping, bathroom, cooking and lounge used in common. Standards for use and design of such facilities shall be established by the City's housing designee. 26.575.170 Fuel storage tanks All fuel storage tanks shall be completely buried beneath the surface of the ground except that above ground storage tanks may be approved as conditional uses in the Service/Commercial /Industrial and Public Zone Districts. 26.575.180 Reserved (formerly Required delivery area and vestibules for commercial buildings) Note: Section 26.575.060 repealed via Ordinance No. 13 (Series of 2013). (Ord. No.7-2013,§ 5; Ord. No.13-2013,§ 11) 26.575.190 Farmers' market A farmers' market is permitted as a conditional use in the Park (P) and Public (PUB) Zone Districts and in public parks and public rights -of -way, provided a vending agreement is obtained in accordance with Section 15.04.350. The following regulations shall apply to farmers' markets: A. It shall operate no more than two (2) days per week, unless modified by the Planning and Zoning Commission under its conditional use review; B. It opens to the public no earlier than 7 a.m. and closes no later than 2 p.m., unless modified by the Planning and Zoning Commission under its conditional use review; and ` C. It shall be limited to those weeks that fall between the first Saturday in June and the weekend following the Thanksgiving holiday, inclusive, unless modified by the Planning and Zoning Commission under its conditional use review. 26.575.200 Group homes Group homes shall not be located closer than seven -hundred -fifty (750) feet from another group home, shall be used exclusively as a residence for no more than eight (8) persons and shall be in compliance with all City, State and Federal Health, Safety and Fire Code Provisions. Sec. 26.575.210 Lodge occupancy auditing The Community Development Director shall be authorized to require periodic operational audits of lodge developments to ensure compliance with the Land Use Code and requirements for lodge operations. This audit may include, but is not limited to, an occupancy report of the lodge and individual units therein; rate schedules; the manner in which short-term occupancies are marketed and managed; physical aspects of the operation, such as the number of units and pillows in the lodge, the number of affordable housing units provided on site, other units and amenities on site and the number of parking spaces provided on site; the dimensional characteristics of the lodge; and any additional conditions of approval. The Community Development Director may request that information be provided in a specific time fi•ame, and may request a site inspection as part of the audit. Property owners may request that certain information, such as marketing strategies or rate schedules, be held in confidence by the City. (Ord. No. 12, 2007, §37) City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 55 Sec. 26.575.220 Vacation rentals A. Intent and purpose. The purpose of this section is to establish the procedures and standards by which Vacation Rentals (See § 26.104.100, Definitions), of residential units are permitted within the City on a short term basis. It is the City's intent to establish Vacation Rental regulations that promote a mix of lodging options that support the City of Aspen's tourism base and local economy; that uphold the health, safety and welfare of the public; and, that protect long term residential neighborhoods by ensuring that the impacts of Vacation Rentals do not adversely affect the residents and the character of residential areas. B. Prohibitions. 1. It shall be unlawful for any person, whether a principal or agent, clerk or employee, either for him or herself, or for any other person or for anybody, corporation or otherwise, to lease or operate a Vacation Rental without first obtaining a Vacation Rental Permit in accordance with the provisions of this Section or operating same in violation of the standards set forth herein. 2. This section shall not apply to leases or other rental arrangements in Lodges, Timeshare Lodges, Bed and Breakfasts and Hotels. (See Section 26.104.100, Definitions, for definitions of these terms.) 3. A Vacation Rental is not permitted to rent individual rooms within a residential dwelling unit. 4. It shall be unlawful for any person, whether a principal or agent, clerk or employee, either for him or herself, or for any other person or for anybody, corporation or otherwise, to lease or operate a Vacation Rental in a Bandit Unit. C. Vacation Rental Period. A dwelling unit may be rented or leased for a short term period, which is defined as a length of time that is equal to or less than thirty (30) consecutive days without limitation in the following zone districts: Lodging Zone Districts, Commercial Zone Districts, Mixed Use Zone Districts, and Residential Zone Districts. D. Vacation Rental Standards. The following standards shall be applicable to Vacation Rentals. Homeowners' Association Notification. In the event that a proposed Vacation Rental is part of a common interest community and there is a Homeowners' Association, a letter shall be submitted to the Homeowners' Association providing notification of an application for a Vacation Rental Permit. 2. Business License. Any person who owns or represents one or more Vacation Rentals shall obtain an annual City of Aspen business license pursuant to Chapter 14.08, Business Licenses, of the Municipal Code. If an individual or business entity acts as a designated representative of one or more Vacation Rentals, only one business license shall be required. However, each residential unit shall obtain a Vacation Rental Permit. 3. Local owner representative. The owner of a Vacation Rental, if residing in the Roaring Fork Valley or a designated representative of the owner residing within the Roaring Fork Valley, shall be on call to manage the Vacation Rental during any period within which the Vacation Rental is occupied. The name, phone number and address of the local owner or the local owner representative shall be provided to the Community Development Department at time of City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 56 F application for a Vacation Rental Permit. It is recommended, but not required, that a sign identifying the representative's name and number be posted on the property pursuant to Section 26.510.030.13.17 Property ATanagement/Timeshare identification signs. It is the responsibility of the owner representative to inform Vacation Rental occupants about all relevant City of Aspen ordinances including, but not limited to parking, trash and noise. It is the responsibility of the owner to notify the City if there is a change in local owner representative within a reasonable timeframe. 4. Lodging and sales taxes. Vacation Rentals shall be subject to all taxpayer responsibilities set forth at Chapter 23.08, Taxpayer's Responsibilities, particularly the responsibility to collect and to remit all applicable sales and lodging taxes. E. Vacation Rental Permits. 1. Applications. Applications for a Vacation Rental Permit shall be submitted to the Community Development Department. A Vacation Rental Permit may be obtained by an authorized representative of the property owner. The application for a Vacation Rental Permit shall contain the following: a. If applicable, confirmation that notice was provided to the Home Owner's Association. b. A City of Aspen business license or application. c. The name, phone number and address of the owner or local owner representative. 2. Annual permit renewal. A new application for a Vacation Rental Permit shall be submitted each calendar year in accordance with the application requirements listed in Section 26.575.220(E)(1). 3. Exceptions for Multi -family dwelling units. Multi -family dwelling units within the same complex have the option to submit a consolidated Vacation Rental Permit application for multiple units managed by one local owner representative. If multi -family dwelling units use different owner representatives, separate applications shall be required. F. Review Standards. The Community Development Department shall review applications for Vacation Rental Permits for conformance with the review standards listed below. A license may issue upon a determination of the following by the Community Development Department: 1. Compliance with the Vacation Rental Standards set forth in Section 26.575.220(D). 2. A completed application containing the information described in Section 26.575.220(E). G. Enforcement. Any person violating any provision of this Section 26.575.220 shall be subject to the penalty provisions of Section 26.104.040, Applicability and penalty, In addition, any Vacation Rental in violation of this Section 26.575.220, Vacation Rentals, shall be subject to a revocation of the Vacation Rental Permit as set forth herein. H. Denial and Revocation. Whenever the Community Development Director has cause to believe that any holder of a Vacation Rental Permit is engaging, or is engaged, in any activity such as to preclude the issuance of a permit applied for or to warrant revocation of any permit presently held, he or she shall conduct a hearing to determine if such action shall be taken. The applicant. or licensee City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 57 affected shall be given adequate notice of any such hearing and be given a full opportunity to be heard and an opportunity to cure prior to denial or revocation of a Vacation Rental Permit. I. Appeal. An applicant or licensee aggrieved by a determination made by the Community Development Department denying or revoking a Vacation Rental Permit may appeal to the City's Administrative Hearing Officer in accordance with the procedures established by Chapter 26.316, Appeal Procedures. (Ord. No.34-2011, §2) City of Aspen Land Use Code Part 500 — Miscellaneous Regulations Page 58