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0069.2015. ASLU CITY HALL
CODE AMENDMENT:
MISCELLANEOUS
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0069.2015.ASLU
PARCEL ID NUMBERS
PROJECT ADDRESS CITY HALL
PLANNER JUSTIN BARKER
CASE DESCRIPTION CODE AMENDMENT
REPRESENTATIVE CITY HALL
DATE OF FINAL ACTION 11/09/15
CLOSED BY ANGELA SCOREY ON: 12/10/2015
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Permit # 0069.2015.ASLU
Address 130 S GALENA
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State CO Zip 81611 O
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ORDINANCE NO. 46
(Series of 2015)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING MISCELLANEOUS
AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land
Use Code, the City Council of the City of Aspen directed the Community Development
Department to prepare amendments to the Definitions and Miscellaneous Supplemental
Regulations Chapters of the Land Use Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by
City Council, and then final action by City Council after reviewing and considering the
recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on October 26, 2015, the City Council approved Resolution No. 111, Series of 2015, requesting
code amendments to the Definitions and Miscellaneous Supplemental Regulations Chapters of the
Land Use Code; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Chapters 26.575 —.Miscellaneous
Supplemental Regulations, 26.104.100 — Definitions, 26.208 — City Council, 26.210, Community
Development Director, 26.212 — Planning and Zoning Commission, 26.220 — Historic
Preservation Commission, 26.304 — Common Development Review Procedures, 26.314 —
Variances, 26.316 — Appeals, and 26.710 — Zone Districts; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and
finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050;
and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT: .
Section 1: Code Amendment Obiective
The goals and objectives of the code amendment are to update and clarify the Definitions and
Miscellaneous Supplemental Regulations in the Land Use Code.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page I of 21
! 9
Section 1: The following definitions in Section 26.104.100, Definitions, shall be amended and
added as follows:
Affordable housing. A dwelling unit or units subject to the size, type, rental, sale and
occupancy restrictions and guidelines for affordable housing adopted by the City as part of the
Affordable Housing Guidelines and Chapter 26.470, Growth Management Quota System.
Aspen community growth boundary. Same as Aspen metropolitan (metro) boundary and the
Urban Growth Boundary.
Aspen metropolitan (metro) boundary. That geographic area described and illustrated in the
Aspen Area Community Plan, as amended from time to time, encompassing both the City and its
environs. (Also known as the Urban Growth Boundary and Aspen community' growth
boundary).
Building envelope. A designated area on a lot or parcel in which all structures shall be located,
unless specifically excepted or exempted. (See Supplementary Regulations Section
26.575.110, Building envelopes).
Density. The number of dwelling units or lodge units per unit of land.
Dwelling, attached residential. A residential Dwelling Unit which is physically connected to
one or more other dwellings in either an over -and -under or side -by -side configuration with
common unpierced demising walls or floors/ceilings as applicable.
Dwelling, multi -family. A residential structure containing three (3) or more attached Dwelling
Units in either an over -and -under or side -by -side configuration with common unpierced
demising walls or floors/ceilings as applicable, not including hotels and lodges, but including
townhomes, that may include accessory use facilities limited to an office, laundry, recreation
facilities and off-street parking used by the occupants. One (1) or more Dwelling Units located
within a Mixed -Use building shall also be considered a multi -family dwelling. The term "multi-
family dwelling" also includes properties listed on the Aspen Inventory of Historic Landmark
Sites and Structures consisting of three (3) or more Detached Residential Dwellings.
Dwelling unit. A structure or portion thereof, providing complete, independent living facilities
for one or more persons, including, but not limited to, permanent provisions for living, sleeping,
eating, cooking, and sanitation, and which shall not have an internal connection to any other
residential or non-residential unit or use. Also known as a Dwelling or a Residence.
Fence. A constructed barrier intended to prevent escape or intrusion or to mark a boundary or
shield or screen view or to perform any similar function. (See, Supplementary Regulations —
Section 26.575.050, Fences)
Floor area. The sum total of the gross horizontal areas of each story of the building. measured
from the exterior walls of the building. (See, Supplementary Regulations — Section 26.575.020,
Calculations and measurements).
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 2 of 21
•
Grade, finished. The elevation of the ground surface measured where it meets the exterior wall
of a structure upon completion of construction. A surface must be flat (with exception for
drainage requirements) for at least 5 feet measured horizontally from an exterior wall or flat
(with exception for drainage requirements) between the exterior wall of a building and the
property line to be considered finished grade.
Kitchen. A room or other portion of a structure used for the preparation and cooking of food.
Story. A space in a building between the surface of any floor and the surface of the floor or
ceiling above, which is more than 50 percent above finished grade.
Urban Growth Boundary. Same as Aspen metropolitan (metro) boundary and the Aspen
community growth boundary. -
Section 2: The definitions "dwelling" and "Growth Management Commission" in Section
26.104.100, Definitions, are hereby deleted.
Section 3: Chapter 26.208.010.M — City Council, which section describes the power and duties of
City Council, shall be amended as follows:
To hear, review and approve, approve with conditions or disapprove an application for Public
Projects Review, pursuant to Chapter 26.500, and to determine if a private development
application is eligible for Public Project Review, pursuant to Section 26.500.040.D.
Section 4: Chapter 26.210.0203 — Community Development Director, which section described the
power and duties of the Community Development Director, shall be amended as follows:
[No Changes to Subsections 1-23]
24. To approve, approve with conditions, or disapprove an application for Administrative Public
Project review, pursuant to Chapter 26.500, and, to determine if a private development
application is eligible for Public Project Review, pursuant to Section 26.500.040.D.
Section 5: Chapter 26.212.010.N — Planning and Zoning Commission, which section describes the
power and duties of the Planning and Zoning Commission, shall be amended as follows:
To grant variances, not including variances to allowable FAR or height, from the provisions of
this Title when a consolidated application is presented to the Commission for review and
approval pursuant to Chapter 26.314;
Section 6: Chapter 26.212.010 — Planning and Zoning Commission, which section describes the
power and duties of the Planning and Zoning Commission, shall be amended as follows:
[No Changes to Subsections A — Q]
R. To hear, review and approve, approve with conditions or disapprove an application for
Public Projects Review, pursuant to Chapter 26.500.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 3 of 21
Section 7: Chapter 26.220.010.H — Historic Preservation Commission, which section describes
the power and duties of the Historic Preservation Commission, shall be amended as follows:
To grant variances, not including variances to allowable FAR or height, from the provisions of
this Title when a consolidated application is presented to the Commission for review and
approval pursuant to Chapter 26.314;
Section 8: Chapter 26.220.010 — Historic Preservation Commission, which section describes the
power and duties of the Historic Preservation Commission, shall be amended asfollows:
[No Changes to Subsections A-K]
L. To hear, review and approve, approve with conditions or disapprove an application for
Public Projects Review, pursuant to Chapter 26.500.
Section 9: Chapter 26.304.060.B.3 — Common Development Review Procedures, which section
describes modification of review process, shall be amended as follows:
Public Projects. If the Community Development Director, or City Council, determines that a
proposed development is authorized for Public Project Review in accordance with Section
26.500.040.D, the Community Development Director shall cause the application to proceed in
accordance with Section 26.500.040.
Section 10: Chapter 26.314.080 — Variances, which section describes the authority to hear appeals
for variances, shall be amended as follows:
An applicant may appeal an adverse determination by the Planning and Zoning Commission or
Historic Preservation Commission on an application for a variance, not including variances to
allowable FAR or height, that is consolidated with other development applications to the Board
of Adjustment. Such appeals shall follow the general appeal procedures set forth in Chapter
26.316.
Section 11: Chapter 26.316.010 — Appeals, which section describes the authority to hear appeals,
shall be amended as follows:
The purpose of this Chapter is to establish the authority of the Board of Adjustment, the Planning
and Zoning Commission and City Council to hear and decide certain appeals and to set forth the
procedures for said appeals.
Section 12: Chapter 26.575.020.D.1 — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area in general, shall be amended as
follows:
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
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 4 of 21
building. When measuring from the exterior walls, the measurement shall be taken from
the exterior face of framing, exterior face of structural block, exterior face of straw bale,
or similar exterior surface of the nominal structure excluding sheathing, vapor barrier,
weatherproofing membrane, exterior -mounted insulation systems, and excluding all
exterior veneer and surface treatments such as stone, stucco, bricks, shingles, clapboards
or other similar exterior veneer treatments. (Also, see setbacks.)
Section 13: Chapter 26.575.020.D.4 — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area for decks and similar features,
shall be amended as follows:
4. Decks Balconies Loggias Gazebos, Trellis, Exterior Stairways, and non -Street -facing
porches.
a. The calculation of the Floor Area of a building or a portion thereof shall not include
decks, balconies, trellis, exterior stairways, non -Street facing porches, gazebos and
similar features, unless the area of these features is greater than fifteen percent (15%)
of the allowable floor area for the property and the use and density proposed, or as
otherwise exempted by this Section.
b. If the area of these .features exceeds fifteen percent (15%) of the property's allowable
Floor Area (for that use and density proposed) only the areas in excess of the fifteen
percent (15%) shall be attributed towards the allowable Floor Area for the property.
The allowable Floor Area for the purpose of this calculation refers to the Floor Area
calculation based on the Net Lot Area, as defined in this chapter or as prescribed by a
site specific approval, with the following exceptions: Floor Area bonus, or established
or extinguished Transferrable Development Right certificates are not included.
c. Decks, balconies, exterior stairways, trellis, and similar features of a mixed use,
commercial, or lodge building located within the Commercial Core (CC) Zone
District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the
Neighborhood Commercial (NC) Zone District, the Lodge (L) Zone District, or the
Commercial Lodge (CL) Zone District shall be exempt from Floor Area calculations.
d. For free-market residential units located within the Commercial Core (CC) Zone
District and Commercial (C-1) Zone District, at -grade patios, decks (other than roof-
top decks), balconies, exterior stairways, trellis, and other similar features may only
be expanded up to 15% of the total free-market residential floor area. Such free-
market units shall not be able to utilize any other exemptions to floor area outlined in
Section 26.575.020(D).
e. The area of the following features count toward deck calculation: railing, permanently
fixed seating, permanently fixed grills, and similar permanently fixed features.
Permanent planter boxes and green roofs that are a minimum of 30" in height above
or below the deck surface, measured from the deck surface to the bottom of the
planter box or green roof surface, and that are permanently built into the structure of
the roof or deck are not included in the deck calculation. Permanent planter boxes and
green roofs that do not meet the minimum requirement count toward deck calculation.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 5 of 21
f Unenclosed areas beneath decks, balconies, and exterior stairways shall be exempt
from Floor Area calculations unless that area is used as a carport. (See provisions for
garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath
porches, gazebos, and decks or balconies when those elements have a finished floor
level within thirty (30) inches of the surrounding finished grade shall be exempt from
Floor Area calculations regardless of how that area is used.
Section 14: Chapter 26.575.020.D.6 — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area for patios, shall be amended as
follows:
6. Patios. Patios developed at or within six inches of finished grade shall not be counted
towards Floor Area. These features may be covered by roof overhangs or similar
architectural projections of up to four feet, as measured from the face of the building,
and remain exempt from Floor Area calculations. When roof overhangs or similar
architectural projections exceed four feet, the entire feature shall be subject to deck
calculations. Railing, permanently fixed seating, permanently fixed grills, and similar
permanently fixed features located on patios shall count toward deck calculation.
Section 15: Chapter 26.575.020.D.7 — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure_ floor area for garages and carports, shall be
amended as follows:
7. Garages and carports. For all multi -family buildings, parcels containing more than two
residential units, and residential units located within a mixed -use building, 250 square
feet of the garage or carport area shall be excluded from the calculation of floor area per
residence on the parcel. All garage and carport area in excess of 250 square feet per
residence shall be attributed towards Floor Area and Floor Area Ratio with no exclusion.
Garage and carport 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:
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
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 6 of 21
Areas above 500 square feet I 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.
Section 16: Chapter 26.575.020.D.8 — .Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area for subgrade areas, shall be
amended as follows:
8. Subgxade areas. .Subgrade or partially subgrade levels of a structure are included in the
calculation of Floor Area based on the portion of the level exposed above grade.
The percentage of the gross area of a partially subgrade level to be counted as Floor Area
shall be the surface area of the exterior walls exposed above natural or finished grade,
whichever is lower, divided by the total exterior wall area of that level. Subgrade stories
with no exposed exterior surface wall area shall be.excluded from floor area calculations.
Example: If the walls of a 2,000 square foot level are forty percent (406/o)
exposed above the lower of natural or finished grade then forty percent (40%) of
that level, 800 square feet is counted as Floor Area.
W
Exposed +] Percentage of exterior wall that's exposed
Area below more restrictive equals the amount of subgrade area that will
count towards floor area calculation
Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area
For the purposes of this section, the exterior wall area to be measured shall be the interior
Ordinance No. 46, Series of2015
Misc. Code Amendment
Page 7 of 21
•
0
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 Structure
Area of WOL
to be used for is
subgrade r'
calculation
Foundation and Floor Structure
Foundation Footer !0�
Figure 5: Measuring the Area of a Subgrade Wall
When considering multi -level subgrade spaces, adjacent interior spaces shall be
considered on the same story if the vertical separation between the ceilings of the spaces
is less than 50% of the distance between the floor and ceiling of either space.
A
Stai
a
C
Space A and B are on the same level,
while Space A and C are on different levels.
Figure 6: Determining different building levels
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.
Ordinance No. 46. Series of 2015
Misc. Code Amendment
Page 8 of 21
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 limitation's of Section 26.575.020.D.3, shall be exempt from this depth
limitation.
When it is necessary to determine the floor area of an individual unit within a duplex or
multi -family building, it shall be calculated from the exterior walls .to the centerline of
any party walls it shares with other units.
In order to determine the subgrade area of an individual unit in a duplex or multi -family
building that applies toward Floor Area calculations, the subgrade gross square footage of
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 9 of 21
•
•
an individual unit shall be multiplied by the percentage of exterior walls exposed above
grade for the entire structure.
Example:
a. The subgrade exemption for the structure is 40% (exposed wall divided by total
wall).
b. Unit A has 500 square feet below grade, measured from exterior wall to the
centerline of the party walls it shares with Unit B. Unit B has 900 square feet.
c. 0.40 (entire duplex exposed percentage) x 500 (Unit A subgrade gross square
footage) = 200 square feet subgrade floor area that applies toward the total Floor
Area for Unit A. 0.40 (entire duplex exposed percentage) x 900 (Unit B subgrade
gross square footage) = 360 square feet subgrade floor area that applies toward
the Floor Area for Unit B.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 10 of 21
Section 17: Chapter 26.575.020.D.I I — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area for sheds, storage areas, and
similar accessory structures, shall be amended as follows:
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 that are both larger than thirty-two square feet
per primary residence and more than thirty-six inches in height shall be included in their
entirety in the calculation of Floor Area. Properties which do not contain residential units
are not eligible for this Floor Area exemption.
Section 18: Chapter 26.575.020.E.5 — Miscellaneous Supplemental Regulations, Measuring
Setbacks, which section describes the allowed projections into setbacks, shall be amended as
follows:
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.
0 The minimum projection necessary to accommodate exterior mounted utility
junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and
including any protective structure as may be required by the utility provider.
g) Building eaves, bay windows, window sills, and similar architectural projections up
to eighteen (18) inches as measured from the setback boundary.
h) The minimum projection necessary to accommodate light wells and exterior basement
stairwells as required by adopted Building or Fire Codes as long as these features are
entirely recessed behind the vertical plane established by the portion of the building
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.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 11 of 21
Features required for adjacent subgrade interior spaces may be combined as long as
the combined feature represents the minimum projection into the setback. There is no
vertical depth limitation for these features.
This exemption does not apply to Areaways. This exemption does not apply to light
wells and exterior basement stairwells which are not required by adopted Building or
Fire Codes.
i) The minimum projection necessary to accommodate an exterior -mount fire escape to
an existing building, as may be required by adopted Building or Fire Codes.
j) Uncovered porches, landscape terraces, slabs, patios, walks and similar features,
which do not exceed six (6) inches vertically above or below the surrounding finished
grade for the entire feature.
k) Landscape walls, berms, retaining walls, stairways and similar structures, which do
not exceed thirty (30) inches vertically above or below the lower of natural or
finished grade Improvements may be up to thirty (30) inches above and below grade
simultaneously, for up to a sixty (60) inch total. Improvements may exceed thirty (30)
inches below grade if determined to be necessary for the structural integrity of the
improvement. (See Figure 17). Berms are prohibited in the front yard setback.
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 shall have the following
requirements:
a. Prohibited between any lot line adjacent to a street and any structure; and
b. Shall be located at least double the minimum setback for a primary
structure from any lot line adjacent to a street; and
c. If visible from the street, these features shall be screened in accordance
with Section 26.575.050, Fences; and
d. If located within a setback not adjacent to a street, these features shall not
exceed thirty (30) inches above or below finished grade. These features
may be up to thirty (30) inches above and below finished grade
simultaneously. Improvements may exceed thirty (30) inches below grade
if necessary for the structural integrity of the improvement.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 12 of 21
9 •
Street
fjX
f X
v
X X
x- ---- Required Setbacks
Prohibited Area
Figure 16
n) Heating and air conditioning equipment and similar mechanical equipment shall have
the following. requirements:
a. Prohibited between any lot line adjacent to a street and any structure; and
b. Shall be located at least double the minimum setback for a primary
structure from any lot line adjacent to a street; and
c. If visible from the street, these features shall be screened in accordance
with Section 26.575.050, Fences; and
d. If located within a setback not adjacent to a street, these features shall not
exceed thirty (30) inches above or below finished grade. These features
may be up to thirty (30) inches above and below finished grade
simultaneously.
The Community Development Director may approve exceptions to the requirements
of m) and n) above. The Community Development Director must first determine that
the visual impact of the exemption is minimal and that no other reasonable option
exists. Approval shall be in the form of a recordable administrative determination.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 13 of 21
o) The height and placement of energy efficiency or. renewable energy production
systems and equipment which are located adjacent to or independent of a building
shall be established by the Planning and Zoning Commission pursuant to the
procedures and criteria of Chapter 26.430 — Special Review. These systems are
discouraged between any lot line adjacent to a street and any structure. For energy
production systems and equipment located on top of a structure, see sub -section FA.
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
tacade which is closest to the atreet. i nis restriction appues on an Jlreel-LdUIIIg
facades of a parcel. (Also see Section 26.575.050 — Supplementary Regulations for
limitations on fence materials.)
q) Driveways not exceeding twenty-four (24) inches above or below finished grade
within any setback of a yard facing a Street. Within all other required setbacks,
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 14 of 21
finished grade of a driveway shall not exceed thirty (30) inches above or below
finished grade.
r) Parking may occur in required setbacks if within an established driveway or parking
area and the curb cut or vehicular access is from an alleyway, if an alleyway abuts the
property, or has otherwise been approved by the City.
s) Non -permanent features which are not affixed to the ground such as movable patio
furniture, outdoor seating or a picnic table, barbeque grills, children's play
equipment, and similar non -permanent features which are not affixed to the ground.
This exemption shall not allow storage sheds or containers.
t) Wildlife -resistant Trash and Recycling enclosures located in residential zone districts
shall be prohibited in all yards facing a Street. These facilities may be placed within
non -street facing yards if the enclosure is the minimum reasonably necessary in both
height and footprint, is an unconditioned space not integrated with other structures on
the property, and serves no other purpose such as storage, garage space, or other
purposes unrelated to protecting wildlife. Wildlife -resistant trash and recycling
enclosures located in commercial, mixed -use, or lodging zone districts are not exempt
from setback requirements and shall comply with zone district requirements for
Utility/Trash/Recycle areas.
Temporary intermittent placement of trash and recycling containers in or along yards
facing a Street is allowed. For example, on "trash day."
Enclosures shall be located adjacent to the alley where an alley borders the property
and shall not be located in a public right-of-way. Unless otherwise approved by the
Historic Preservation Commission, enclosures shall not abut or be attached to a
historic structure. Enclosures may abut other non -historic structures.
Section 19: Chapter 26.575.020.F.4 — Miscellaneous Supplemental Regulations, Measuring
Building Heights, which section describes the allowed exceptions to height limitations, shall be
amended as follows:
4. Allowed Excet)tions to Height Limitations.
a) Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar
venting apparatus may extend no more than ten (10) feet above the height of the
building at the point the device connects. For roofs with a pitch of 8:12 or greater,
these elements may not extend above the highest ridge of the structure by more than
required by adopted building codes or as otherwise approved by the Chief Building
Official to accommodate safe venting. To qualify for this exception, the footprint of
these features must be the minimum reasonably necessary for its function the features
must be combined to the greatest extent practical. Appurtenances such as hoods,
caps, shields, coverings, spark arrestors, and similar functional devices or ornamental
do -dads shall be contained within the limitations of this height exception.
On structures other than a single-family or duplex residential building or an accessory
building, all Chimneys, flues, vents, and similar venting apparatus should be set back
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 15 of 21
• 0
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 ten (10) feet above the specified
maximum height limit if set back from any Street facing facade of the building a
minimum of twenty (20) feet and the footprint of the elevators or stair enclosures are
minimized and combined to the greatest extent practicable.
For single-family and duplex residential buildings and for accessory buildings,
elevator and stair enclosures are not allowed a height exception.
d) Rooftop Railings. On any structure other than a single-family or duplex residential
building, rooftop railings and similar safety devices permitting rooftop access may
extend up to five (5) feet above the height of the building at the point the railing
.connects. To qualify for this exception, the railing must be the minimum reasonably
necessary to provide adequate safety and building code compliance and the railing
must be 50% or more transparent. All railings shall be set back from any Street facing
facade of the building by an amount equal to the height of the railing.
For single-family and duplex residential buildings, rooftop railings shall not be
allowed a height exception.
e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and
similar mechanical equipment or utility apparatus located on top of a building may
extend up to six (6) feet above height of the building at the point the equipment is
attached. This allowance is inclusive of any pad the equipment is placed on, as well
as any screening. Mechanical equipment shall be screened, combined, and co -located
to the greatest extent practicable. On structures other than a single-family or duplex
residential building or an accessory building, all mechanical equipment shall be set
back from any Street facing facade of the building a minimum of fifteen (15) feet.
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 poini 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.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 16 of 21
The height and placement of energy efficiency or production systems which are not
located on top of a building (located independent of a building) shall be established
by the Planning and Zoning Commission pursuant to the procedures and criteria of
Chapter 26.430 — Special Review. (Also see setback requirements for these systems at
sub -section E.5.)
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 by 10%
or greater from the front lot line, the maximum height of a building's front (street -
facing) facade may extend horizontally for the first ten (10) feet of the building's
depth.
j) Exceptions for lightwells and basement stairwells. A basement stairwell required by
Building Code for egress shall not be counted towards maximum permissible height.
On street facing facades the minimum size lightwell entirely recessed behind the
vertical plane established by the portion of the building 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.
This exception does not apply to lightwells and stairwells that are located within a
setback.
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
height exemption. This only applies to a mixed use, lodge, or commercial building
located in the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District,
the Commercial (C-1) Zone District, the Lodge (L) Zone District, the Neighborhood
Commercial (NC) Zone District, or the Commercial Lodge (CL) Zone District.
Permanent rooftop amenities may extend up to five (5) feet above. height of the
building at the point the equipment is attached to the roof. This allowance is
inclusive of any pad the equipment is placed on. A trellis with a maximum height of
ten (10) feet and a maximum floor area of no more than 5% of the useable deck area
is permitted. All permanent rooftop amenities shall be set back from any Street
facing facade of the building by a minimum of ten (10) feet.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 17 of 21
1) Exceptions for skylight and light tubes A skylight or light tube typical of industry
standards and meeting minimum Building Codestandards shall not be counted
towards maximum permissible height.
Section 20: Chapter 26.575.020.G — Miscellaneous Supplemental Regulations, Measurement of
Net Leasable Area and Net Livable Area, which section describes how to measure net leasable
area and net livable area, shall be amended as follows:
G. Measurement of Net Leasable Area and Net Livable Area. The calculation of net leasable
area and net livable area shall include all interior space of a building measured from interior wall
to interior wall, including interior partitions. Net leasable area and net livable area shall be
attributed to the lot or parcel upon which it is developed. Net leasable area includes all interior
areas which can be leased to an individual tenant with the exceptions noted below. Net livable
area includes those areas of a building that are used or intended to be used for habitation with the
exceptions noted below. Garages and carports are exempt from net leasable area and net livable
area calculations.
1. Permanently installed interior airlock spaces are exempt from the calculation of net
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more
than 10 square feet, installed on the exterior of a building, shall be considered net
leasable area and shall be subject to all requirements of the Land Use Code, including
employee mitigation, prorated according to the portion of the year in which it is installed.
2. Unless 'specifically exempted through other provisions of this Title, outdoor displays,
outdoor vending, and similar commercial activities located outside (not within a building)
shall also be included in the calculation of net leasable area. The calculation of such area
shall be the maximum footprint of the display or vending apparatus. For vending carts or
similar commercial activities requiring an attendant, the calculation shall also include a
reasonable amount of space for the attendant. Exterior decks and exterior seating are not
included in the calculation of net leasable area. Vending machines, gas pumps, and
similar devices without an attendant shall not be considered net leasable area.
The calculation of net leasable area and net livable area shall exclude areas of a building that are
integral to the basic physical function of the building. All other areas are attributed to the
measurement of net leasable commercial space or net livable area.' When calculating interior
stairways or elevators, the top most interior level served by the stairway or elevator is exempt
from net livable or net leasable area calculations.
Shared areas that count toward net leasable area and net livable area shall be allocated on a
proportionate basis of the use category using the percentages that are generated pursuant to
Section 26.575.020.D.14 Allocation of non -unit space in a mixed use building.
Examples:
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:
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 18 of 21
2. A shared commercial storage area that is larger than needed for the basic functionality of
the building counts toward riet leasable area because it is useable by the businesses.
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.
Section 21: Chapter 26.575.050 — Fence Materials, which section describes height and material
requirements for fences, shall be amended as follows:
26.575.050 Fences
Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet
above finished grade or as otherwise regulated by the, Historic Preservation Design Guidelines
(see Chapter 26.415), the Commercial Design Standards (see Chapter 26.412), Calculations and
Measurements — setbacks (see Chapter 26.575.020.5), or the Engineering Design Standards (see
landscaping). Fences shall be constructed of wood, stone, wrought iron, concrete, metal, wire, or
masonry. Chain link, plastic, vinyl or synthetic fences are prohibited.
Section 22: Chapter 26.575.110 — Building envelopes, which section describes regulations on
building envelopes, shall be amended as follows:
For. the purposes of this Chapter, an approved building envelope shall have the same
requirements and allowances as the underlying zoning setbacks, unless otherwise noted in a site -
specific development plan.
For purposes of site -specific development plans, building envelopes may be established to
restrict development to protect slopes, important vegetation, water courses, privacy or other
considerations. Building envelopes required or designated as part of a development approval
shall be described on recorded plats, site -specific development plans, ordinances, resolutions and
building permit site plans.
Section 23: Chapter 26.575.160 — Dormitory, which section described regulations on dormitory
uses, shall be amended as follows:
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 19 of 21
Occupancy of a dormitory unit shall be limited to no more than eight (8) persons. Each unit shall
provide a minimum square footage per person in accordance with the Aspen/Pitkin County
Housing Authority Guidelines, as amended. Standards for use and design of such facilities shall
be established by the Aspen/Pitkin County Housing Authority. A dormitory unit shall be
considered the same as a multi -family unit for all requirements of the Land Use Code other than
permitted and conditional uses.
Section 24: Chapter 26.710.140.D.12(e) — Commercial Core (CC), shall be amended as follows:
Free -Market multi family housing: Limited to the existing FAR. Any subsequent reduction in
floor area occupied by such residential use shall be deemed a new limitation and the use shall not
thereafter be enlarged to occupy a greater floor area.
Section 25: Chapter 26.710.150.D.12(f) — Commercial (C-1), shall be amended as follows:
Free -Market multi family housing: Limited to the existing FAR. Any subsequent reduction in
floor area occupied by such residential use shall be deemed a new limitation and the use shall not
thereafter be enlarged to occupy a greater floor area.
Section 26:
Any scrivener's errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 27: Effect Upon Existing Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 28: Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 29: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty (30) days following final passage.
Section 30•
A public hearing on this ordinance was held on the 23`d day of November, at a meeting of the Aspen
City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was
published in a newspaper of general circulation within the City of Aspen.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 20 of 21
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 91 day of November, 2015.
Manning, City
FINALLY, adopted, passdd and approved this 231d day of November, 2015
A e t:, / !
Manning, City C1e* Steven Skadrio, Mayor
Approved as to form:
ames R. True, Cite Attorney
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 21 of 21
MEMORANDUM
TO: Mayor and City Council
FROM: Justin Barker, Planner
THRU: Chris Bendon, Community Development Director
Jessica Garrow, Long Range Planner
RE: Definitions & Miscellaneous Supplemental Regulations Code
Amendment
Ordinance 46, Series of 2015, Second Reading
MEETING DATE: November 23, 2015
SUMMARY:
The attached Ordinance includes proposed language to amend the Definitions and Miscellaneous
Supplemental Regulations of the Land Use Code. The objective of the code amendment is to clean
up incorrect text references, update and clarify definitions, measurements from grade and floor area
exemptions, allowances in setbacks, and simplify building envelope language. This update intends
to provide predictability in zoning review by clarifying existing regulations and in some cases
adding more specific language.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed Ordinance on second reading.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This is the 2°d reading of proposed code amendments to the Definitions and Miscellaneous
Supplemental Regulations of the Land Use Code. Pursuant to Land Use Code Section 26.310,
City Council is the final review authority for all code amendments.
All code amendments are subject to a three -step process. This is the third step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
BACKGROUND & OVERVIEW:
The City's Calculations and Measurements section of the Land Use Code is very technical and
very specific. It explains what does and does not count toward floor area, how to count internal
spaces, how to measure height, what is allowed in setbacks, etc. Every few years this section of
the Code needs updating to remain relevant to current building practice, to create more
predictability in zoning review, and to ensure that the purpose of the requirement is met.
Staff Memo
11.23.2015 — Second Reading
Miscellaneous Code Amendment
Page 1 of 5
• 0
City Planning Staff maintain a "redline" version of the Land Use Code, largely for the
calculations and measurements section, which highlight areas that need to be updated, clarified
or rewritten. These highlights are largely informed by complex projects that expose existing
loopholes or confusing language. The "redline" changes and recent Code interpretations are
incorporated into the proposed Code amendment.
There are very few policy changes proposed. Most of the changes are clarifications and slight
adjustments. The proposed changes include: clarifying dwelling types, cleaning up
measurements from grade, clarifying allowed projections into setbacks, and simplifying building
envelope requirements. A summary of the proposed changes is below. Red -line versions of the
proposed language are attached as Exhibits B & C.
Definitions:
Staff proposes to add a definition for story, which is important for height and use allowance,
particularly for split-level buildings. Staff also proposes a definition for Urban Growth
Boundary, as this term is used within the Land Use Code. Staff is proposing to eliminate the
definition for dwelling, as it is repetitive of the definition for dwelling unit. Staff is also
proposing to eliminate the definition for Growth Management Commission since this is a
commission that no longer exists.
Dwelliniz Units: No substantive changes are proposed to the definition of dwelling units.
However, staff is proposing to clean up and clarify the definitions. The current definition of
dwelling unit states it is a structure or unit that in intended for living with a kitchen. This is a
fairly broad definition. The proposed changes provide more detail, including stating that a
dwelling unit has no internal connection to another residential or commercial use. This change
allows for a more holistic assessment of dwelling units during zoning review or building
inspection.
The code amendment also amends the size requirements related to dorm units. The current
language in the Land Use Code conflicts with the language in the APCHA Guidelines. Because
housing policy should be established by the Housing Board, staff proposes to refer all dorm size
requirements to the APCHA Guidelines.
The current code does not state how requirements such as Residential Design Standards and
parking apply to dormitory units. The code amendment classifies dorms as multi -family
dwelling units for such calculations, which is consistent with how they have been treated in the
past.
Measurements from Grade: Staff is proposing to clarify measurements from grade. This
includes adding new language around the measurement of finished grade, stating that for finished
grade to be used it must be flat (with exception for drainage requirements) for at least five feet.
This is proposed to address a recent trend of "planter boxes" being pushed up against a building
and artificially raising the height of a building. This change codifies existing City policy.
Staff Memo
11.23.2015 — Second Reading
Miscellaneous Code Amendment
Page 2 of 5
Net Leasable and Net Livable Area: There are a few buildings in town that span two or more
property lines. When a property owner attempts to calculate their net leasable or net livable
space, they often ask Planning staff how to complete that calculation. The code is clear that floor
area is counted on the parcel in which it is developed. Staff has used this language to state that
net livable or net leasable is counted on the parcel in which it is developed. Staff proposed to
codify this policy.
Buildine Envelopes: There are a number of Planned Developments that rely on Building
Envelopes. These have site specific requirements that for the most part require areas outside of
the envelope to remain in a pristine, untouched condition. Other properties have building
envelopes because of when they were annexed into the city or because of a Stream Margin
Review. These building envelopes function more as setbacks than to preserve untouched
landscape. Staff proposed to amend the Building Envelope requirements to reflect this current
condition. All building envelopes would be treated like setbacks, unless otherwise specified in a
Site -Specific Development Plan.
The amendment provides more certainty for applicants and zoning officers for what can and
cannot be located outside building envelopes that do not have specific language. This may allow
some landscape features outside building envelopes that were not originally intended on a
limited number of properties.
Development in Setbacks: The code currently allows a number of projections in required
setbacks. This includes fences, landscaping, renewable energy systems, and stormwater
improvements. Hot tubs, pools, water features, and permanently affixed outdoor grills and
similar features are allowed within a setback that does not face a street if it is no more than 30
inches above or below grade. Staff is proposing clarifications on the rules related to hot tubs and
similar features to address unique site conditions, as there seems to be confusion about how this
regulation is applied. Development of such elements would be expressly prohibited between a
structure and a public street. This is consistent with the code today. The proposed change would
allow these items in side yards visible from the street if the element is screened by a fence or
landscaping.
The amendment more clearly states where these features are prohibited and requires screening to
reduce visual impacts. It also provides a flexible option for when placement of these features
cannot reasonably be met on unique properties and for multi -family buildings. More fences in
side yards may start appearing to screen these features.
Individual Unit Floor Area: Staff has recognized that there are two possible methods to
calculate floor area for an individual unit within a duplex, multi -family, or mixed -use building.
In the past, a unit's gross square footage subgrade was multiplied by the exposed area of that
unit. The code amendment changes that methodology to multiplying the unit's gross square
footage subgrade by the exposed area of the entire structure. The change brings this calculation
into alignment with other calculations for buildings with multiple units, such as the non -unit
space calculations.
Staff Memo
11.23.2015 — Second Reading
Miscellaneous Code Amendment
Page 3 of 5
The amendment provides consistency in calculation methods. Many existing duplex and
multifamily developments will become nonconforming in regard to Floor Area.
Other Code Cleanups: There are several other miscellaneous amendments that are proposed in
this Ordinance. These are essentially cleanup items to fix Code references, remove conflicting
review authorities, and relocate text into the appropriate Code sections.
Earlier this year Council approved Ordinance 11, Series of 2015, regarding Public Projects. The
Ordinance did not update other sections of the code that reference this Chapter. Staff has
included the updates in this code amendment.
Staff has included updates in this code amendment to clean up conflicting authorities regarding
height and floor area variances. Council is the only review body with the authority to review
variances to height and floor area and the proposed updates reflect that. The Growth
Management Commission is also being deleted from the Code, as it is no longer a City board.
Ordinance 25, Series of 2015, approved by Council earlier this year, included deck exemptions
for free market units in the CC and C-1 Zone Districts. Staff proposes to relocate these
exemptions to the Miscellaneous Supplemental Regulations, where all other floor area
calculations and exemptions are located.
PUBLIC OUTREACH:
Staff sent out a description of the changes and a link to the proposed language in the Community
Development newsletter that reaches almost 600 professionals including contractors, architects,
attorneys, and planners. Staff has received some comments related to the measurements from
grade portion of the amendment expressing a concern that "flat" ground next to a building
contradicts drainage requirements for construction. Staff has modified the language to address
this concern.
Staff met with P&Z on October 6`h to gain their input and feedback on the proposed code
amendments. P&Z mostly asked for clarifications and was comfortable with the proposed
changes. The meeting minutes are also attached as Exhibit D.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Ordinance to amend the Definitions Section,
Miscellaneous Supplemental Regulations Section, and other miscellaneous sections of the Land
Use Code.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. 46, Series of 2015 approving amendments to the Land Use
Code upon second reading."
Staff Memo
11.23.2015 — Second Reading
Miscellaneous Code Amendment
Page 4 of 5
•
•
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A — Staff Findings
Exhibit B — Proposed Code Amendment Language - Definitions (red line version)
Exhibit C — Proposed Code Amendment Language - Miscellaneous (red line version)
Exhibit D — 10/6/15 P&Z minutes
Staff Memo
11.23.2015 — Second Reading
Miscellaneous Code Amendment
Page 5 of 5
ORDINANCE NO.46
(Series of 2015)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING MISCELLANEOUS
AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land
Use Code, the City Council of the City of Aspen directed the Community Development
Department to prepare amendments to the Definitions and Miscellaneous Supplemental
Regulations Chapters of the Land Use Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by
City Council, and then final action by City Council after reviewing and considering the
recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on October 26, 2015, the City Council approved Resolution No. 111, Series of 2015, requesting
code amendments to the Definitions and Miscellaneous Supplemental Regulations Chapters of the
Land Use Code; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Chapters 26.575 — Miscellaneous
Supplemental Regulations, 26.104.100 — Definitions, 26.208 — City Council, 26.210, Community
Development Director, 26.212 — Planning and Zoning Commission, 26.220 — Historic
Preservation Commission, 26.304 — Common Development Review Procedures, 26.314 —
Variances, 26.316 — Appeals, and 26.710 — Zone Districts; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and
finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050;
and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Code Amendment Objective
The goals and objectives of the code amendment are to update and clarify the Definitions and
Miscellaneous Supplemental Regulations in the Land Use Code.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 1 of 21
Section 1: The following definitions in Section 26.104.100, Definitions, shall be amended and
added as follows:
Affordable housing. A dwelling unit or units subject to the size, type, rental, sale and
occupancy restrictions and guidelines for affordable housing adopted by the City as part of the
Affordable Housing Guidelines and Chapter 26.470, Growth Management Quota System.
Aspen community growth boundary. Same as Aspen metropolitan (metro) boundary and the
Urban Growth Boundary.
Aspen metropolitan (metro) boundary. That geographic area described and illustrated in the
Aspen Area Community Plan, as amended from time to time, encompassing both the City and its
environs. (Also known as the Urban Growth Boundary and Aspen community growth
boundary).
Building envelope. A designated area on a lot or parcel in which all structures shall be located,
unless specifically excepted or exempted. (See Supplementary Regulations Section
26.575.110, Building envelopes).
Density. The number of dwelling units or lodge units per unit of land.
Dwelling, attached residential. A residential Dwelling Unit which is physically connected to
one or more other dwellings in either an over -and -under or side -by -side configuration with
common unpierced demising walls or floors/ceilings as applicable.
Dwelling, multi -family. A residential structure containing three (3) or more attached Dwelling
Units in either an over -and -under or side -by -side configuration with common unpierced
demising walls or floors/ceilings as applicable, not including hotels and lodges, but including
townhomes, that may include accessory use facilities limited to an office, laundry, recreation
facilities and off-street parking used by the occupants. One (1) or more Dwelling Units located
within a Mixed -Use building shall also be considered a multi -family dwelling. The term "multi-
family dwelling" also includes properties listed on the Aspen Inventory of Historic Landmark
Sites and Structures consisting of three (3) or more Detached Residential Dwellings.
Dwelling unit. A structure or portion thereof, providing complete, independent living facilities
for one or more persons, including, but not limited to, permanent provisions for living, sleeping,
eating, cooking, and sanitation, and which shall not have an internal connection to any other
residential or non-residential unit or use. Also known as a Dwelling or a Residence.
Fence. A constructed barrier intended to prevent escape or intrusion or to mark a boundary or
shield or screen view or to perform any similar function. (See, Supplementary Regulations —
Section 26.575.050, Fences)
Floor area. The sum total of the gross horizontal areas of each story of the building measured
from the exterior walls of the building. (See, Supplementary Regulations — Section 26.575.020,
Calculations and measurements).
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 2 of 21
Grade, finished. The elevation of the ground surface measured where it meets the exterior wall
of a structure upon completion of construction. A surface must be flat (with exception for
drainage requirements) for at least 5 feet measured horizontally from an exterior wall or flat
(with exception for drainage requirements) between the exterior wall of a building and the
property line to be considered finished grade.
Kitchen. A room or other portion of a structure used for the preparation and cooking of food.
Story. A space in a building between the surface of any floor and the surface of the floor or
ceiling above, which is more than 50 percent above finished grade.
Urban Growth Boundary. Same as Aspen metropolitan (metro) boundary and the Aspen
community growth boundary.
Section 2: The definitions "dwelling" and "Growth Management Commission" in Section
26.104.100, Definitions, are hereby deleted.
Section 3: Chapter 26.208.010.M — City Council, which section describes the power and duties of
City Council, shall be amended as follows:
To hear, review and approve, approve with conditions or disapprove an application for Public
Projects Review, pursuant to Chapter 26.500, and to determine if a private development
application is eligible for Public Project Review, pursuant to Section 26.500.040.D.
Section 4: Chapter 26.210.020.13 — Community Development Director, which section described the
power and duties of the Community Development Director, shall be amended as follows:
[No Changes to Subsections 1-23]
24. To approve, approve with conditions, or disapprove an application for Administrative Public
Project review, pursuant to Chapter 26.500, and to determine if a private development
application is eligible for Public Project Review, pursuant to Section 26.500.040.D.
Section 5: Chapter 26.212.010.N — Planning and Zoning Commission, which section describes the
power and duties of the Planning and Zoning Commission, shall be amended as follows:
To grant variances, not including variances to allowable FAR or height, from the provisions of
this Title when a consolidated application is presented to the Commission for review and
approval pursuant to Chapter 26.314;
Section 6: Chapter 26.212.010 — Planning and Zoning Commission, which section describes the
power and duties of the Planning and Zoning Commission, shall be amended as follows:
[No Changes to Subsections A — Q]
R. To hear, review and approve, approve with conditions or disapprove an application for
Public Projects Review, pursuant to Chapter 26.500.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 3 of 21
Section 7: Chapter 26.220.010.1-1 — Historic Preservation Commission, which section describes
the power and duties of the Historic Preservation Commission, shall be amended as follows:
To grant variances, not including variances to allowable FAR or height, from the provisions of
this Title when a consolidated application is presented to the Commission for review and
approval pursuant to Chapter 26.314;
Section 8: Chapter 26.220.010 — Historic Preservation Commission, which section describes the
power and duties of the Historic Preservation Commission, shall be amended as follows:
[No Changes to Subsections A-K]
L. To hear, review and approve, approve with conditions or disapprove an application for
Public Projects Review, pursuant to Chapter 26.500.
Section 9: Chapter 26.304.060.B.3 — Common Development Review Procedures, which section
describes modification of review process, shall be amended as follows:
Public Projects. If the Community Development Director, or City Council, determines that a
proposed development is authorized for Public Project Review in accordance with Section
26.500.040.D, the Community Development Director shall cause the application to proceed in
accordance with Section 26.500.040.
Section 10: Chapter 26.314.080 — Variances, which section describes the authority to hear appeals
for variances, shall be amended as follows:
An applicant may appeal an adverse determination by the Planning and Zoning Commission or
Historic Preservation Commission on an application for a variance, not including variances to
allowable FAR or height, that is consolidated with other development applications to the Board
of Adjustment. Such appeals shall follow the general appeal procedures set forth in Chapter
26.316.
Section 11: Chapter 26.316.010 — Appeals, which section describes the authority to hear appeals,
shall be amended as follows:
The purpose of this Chapter is to establish the authority of the Board of Adjustment, the Planning
and Zoning Commission and City Council to hear and decide certain appeals and to set forth the
procedures for said appeals.
Section 12: Chapter 26.575.020.D.1 — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area in general, shall be amended as
follows:
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
Ordinance No. 46, Series of 2015
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• 0
building. When measuring from the exterior walls, the measurement shall be taken from
the exterior face of framing, exterior face of structural block, exterior face of straw bale,
or similar exterior surface of the nominal structure excluding sheathing, vapor barrier,
weatherproofing membrane, exterior -mounted insulation systems, and excluding all
exterior veneer and surface treatments such as stone, stucco, bricks, shingles, clapboards
or other similar exterior veneer treatments. (Also, see setbacks.)
Section 13: Chapter 26.575.020.D.4 — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area for decks and similar features,
shall be amended as follows:
4. Decks, Balconies, Loggias, Gazebos, Trellis, Exterior Stairways, and non -Street -facing
porches.
`.
a. The calculation of the Floor Area of a building or a portion thereof shall not include
decks, balconies, trellis, exterior stairways, non -Street facing porches, gazebos and
similar features, unless the area of these features is greater than fifteen percent (15%)
of the allowable floor area for the property and the use and density proposed, or as
otherwise exempted by this Section.
b. If the area of these features exceeds fifteen percent (15%) of the property's allowable
Floor Area (for that use and density proposed) only the areas in excess of the fifteen
percent (15%) shall be attributed towards the allowable Floor Area for the property.
The allowable Floor Area for the purpose of this calculation refers to the Floor Area
calculation based on the Net Lot Area, as defined in this chapter or as prescribed by a
site specific approval, with the following exceptions: Floor Area bonus, or established
or extinguished Transferrable Development Right certificates are not included.
c. Decks, balconies, exterior stairways, trellis, and similar features of a mixed use,
commercial, or lodge building located within the Commercial Core (CC) Zone
District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the
Neighborhood Commercial (NC) Zone District, the Lodge (L) Zone District, or the
Commercial Lodge (CL) Zone District shall be exempt from Floor Area calculations.
d. For free-market residential units located within the Commercial Core (CC) Zone
District and Commercial (C-1) Zone District, at -grade patios, decks (other than roof-
top decks), balconies, exterior stairways, trellis, and other similar features may only
be expanded up to 15% of the total free-market residential floor area. Such free-
market units shall not be able to utilize any other exemptions to floor area outlined in
Section 26.575.020(D).
e. The area of the following features count toward deck calculation: railing, permanently
fixed seating, permanently fixed grills, and similar permanently fixed features.
Permanent planter boxes and green roofs that are a minimum of 30" in height above
or below the deck surface, measured from the deck surface to the bottom of the
planter box or green roof surface, and that are permanently built into the structure of
the roof or deck are not included in the deck calculation. Permanent planter boxes and
green roofs that do not meet the minimum requirement count toward deck calculation.
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0
f. Unenclosed areas beneath decks, balconies, and exterior stairways shall be exempt
from Floor Area calculations unless that area is used as a carport. (See provisions for
garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath
porches, gazebos, and decks or balconies when those elements have a finished floor
level within thirty (30) inches of the surrounding finished grade shall be exempt from
Floor Area calculations regardless of how that area is used.
Section 14: Chapter 26.575.020.D.6 — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area for patios, shall be amended as
follows:
6. Patios. Patios developed at or within six inches of finished grade shall not be counted
towards Floor Area. These features may be covered by roof overhangs or similar
architectural projections of up to four feet, as measured from the face of the building,
and remain exempt from Floor Area calculations. When roof overhangs or similar
architectural projections exceed four feet, the entire feature shall be subject to deck
calculations. Railing, permanently fixed seating, permanently fixed grills, and similar
permanently fixed features located on patios shall count toward deck calculation.
Section 15: Chapter 26.575.020.D.7 — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area for garages and carports, shall be
amended as follows:
7. Garages and carports. For all multi -family buildings, parcels containing more than two
residential units, and residential units located within a mixed -use building, 250 square
feet of the garage or carport area shall be excluded from the calculation of floor area per
residence on the parcel. All garage and carport area in excess of 250 square feet per
residence shall be attributed towards Floor Area and Floor Area Ratio with no exclusion.
Garage and carport 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:
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
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•
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.
Section 16: Chapter 26.575.020.D.8 — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area for subgrade areas, shall be
amended as follows:
8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the
calculation of Floor Area based on the portion of the level exposed above grade.
The percentage of the gross area of a partially subgrade level to be counted as Floor Area
shall be the surface area of the exterior walls exposed above natural or finished grade,
whichever is lower, divided by the total exterior wall area of that level. Subgrade stories
with no exposed exterior surface wall area shall be excluded from floor area calculations.
Example: If the walls of a 2,000 square foot level are forty percent (40%)
exposed above the lower of natural or finished grade then forty percent (40%) of
that level, 800 square feet is counted as Floor Area.
Exposed Percentage of exterior wall that's exposed
P - _
Area below more restrictive equals the amount of subgrade area that will
count towards floor area calculation
Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area
For the purposes of this section, the exterior wall area to be measured shall be the interior
Ordinance No. 46, Series of 2015
Misc. Code Amendment
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0 •
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 Struam
Area of well 4� E
to be used for
subgrade
calculation
Foundation and Floor Structure
Foundation Footar
Figure 5. Measwing the Area of a Sub,grade Nall
When considering multi -level subgrade spaces, adjacent interior spaces shall be
considered on the same story if the vertical separation between the ceilings of the spaces
is less than 50% of the distance between the floor and ceiling of either space.
A
staff
B
u
Space A and B are on the same level,
while Space A and C are on different levels.
Figure 6: Determining different building levels
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.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 8 of 21
11
Area counts
towards wall
calculation
-------------
Figure 7: Pitched roof with suhgrade 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.
When it is necessary to determine the floor area of an individual unit within a duplex or
multi -family building, it shall be calculated from the exterior walls to the centerline of
any party walls it shares with other units.
In order to determine the subgrade area of an individual unit in a duplex or multi -family
building that applies toward Floor Area calculations, the subgrade gross square footage of
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 9 of 21
•
•
an individual unit shall be multiplied by the percentage of exterior walls exposed above
grade for the entire structure.
Example:
a. The subgrade exemption for the structure is 40% (exposed wall divided by total
wall).
b. Unit A has 500 square feet below grade, measured from exterior wall to the
centerline of the party walls it shares with Unit B. Unit B has 900 square feet.
0.40 (entire duplex exposed percentage) x 500 (Unit A subgrade gross square
footage) = 200 square feet subgrade floor area that applies toward the total Floor
Area for Unit A. 0.40 (entire duplex exposed percentage) x 900 (Unit B subgrade
gross square footage) = 360 square feet subgrade floor area that applies toward
the Floor Area for Unit B.
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Section 17: Chapter 26.575.020.D.11 — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area for sheds, storage areas, and
similar accessory structures, shall be amended as follows:
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 that are both larger than thirty-two square feet
per primary residence and more than thirty-six inches in height shall be included in their
entirety in the calculation of Floor Area. Properties which do not contain residential units
are not eligible for this Floor Area exemption.
Section 18: Chapter 26.575.020.E.5 — Miscellaneous Supplemental Regulations, Measuring
Setbacks, which section describes the allowed projections into setbacks, shall be amended as
follows:
5. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below
ground except for the following allowed projections:
a) Above or below ground utilities, including transformers and vaults, below -grade
heating or cooling conduit or infrastructure such as a ground -source heat pump
system, below -grade dry wells or other at -grade or below -grade drainage
infrastructure.
b) Trees and vegetation.
c) Artwork, sculpture, seasonal displays.
d) Flagpoles, mailboxes, address markers.
e) Foundation footers, soil nails or below -grade tiebacks, and similar improvements
necessary for the structural integrity of a building or other structures.
f) The minimum projection necessary to accommodate exterior mounted utility
junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and
including any protective structure as may be required by the utility provider.
g) Building eaves, bay windows, window sills, and similar architectural projections up
to eighteen (18) inches as measured from the setback boundary.
h) The minimum projection necessary to accommodate light wells and exterior basement
stairwells as required by adopted Building or Fire Codes as long as these features are
entirely recessed behind the vertical plane established by the portion of the building
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.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 11 of 21
Features required for adjacent subgrade interior spaces may be combined as long as
the combined feature represents the minimum projection into the setback. There is no
vertical depth limitation for these features.
This exemption does not apply to Areaways. This exemption does not apply to light
wells and exterior basement stairwells which are not required by adopted Building or
Fire Codes.
i) The minimum projection necessary to accommodate an exterior -mount fire escape to
an existing building, as may be required by adopted Building or Fire Codes.
j) Uncovered porches, landscape terraces, slabs, patios, walks and similar features,
which do not exceed six (6) inches vertically above or below the surrounding finished
grade for the entire feature.
k) Landscape walls, berms, retaining walls, stairways and similar structures, which do
not exceed thirty (30) inches vertically above or below the lower of natural or
finished grade Improvements may be up to thirty (30) inches above and below grade
simultaneously, for up to a sixty (60) inch total. Improvements may exceed thirty (30)
inches below grade if determined to be necessary for the structural integrity of the
improvement. (See Figure 17). Berms are prohibited in the front yard setback.
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 shall have the following
requirements:
a. Prohibited between any lot line adjacent to a street and any structure; and
b. Shall be located at least double the minimum setback for a primary
structure from any lot line adjacent to a street; and
c. If visible from the street, these features shall be screened in accordance
with Section 26.575.050, Fences; and
d. If located within a setback not adjacent to a street, these features shall not
exceed thirty (30) inches above or below finished grade. These features
may be up to thirty (30) inches above and below finished grade
simultaneously. Improvements may exceed thirty (30) inches below grade
if necessary for the structural integrity of the improvement.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 12 of 21
0
•
Street
--- X
-----------------------------------------------------
,
v ,
v, F
,
ELM
x x
------- Required Setbacks
Prohibited Area
Figure 16
n) Heating and air conditioning equipment and similar mechanical equipment shall have
the following requirements:
a. Prohibited between any lot line adjacent to a street and any structure; and
b. Shall be located at least double the minimum setback for a primary
structure from any lot line adjacent to a street; and
c. If visible from the street, these features shall be screened in accordance
with Section 26.575.050, Fences; and
d. If located within a setback not adjacent to a street, these features shall not
exceed thirty (30) inches above or below finished grade. These features
may be up to thirty (30) inches above and below finished grade
simultaneously.
The Community Development Director may approve exceptions to the requirements
of m) and n) above. The Community Development Director must first determine that
the visual impact of the exemption is minimal and that no other reasonable option
exists. Approval shall be in the form of a recordable administrative determination.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 13 of 21
o) The height and placement of energy efficiency or renewable energy production
systems and equipment which are located adjacent to or independent of a building
shall be established by the Planning and Zoning Commission pursuant to the
procedures and criteria of Chapter 26.430 — Special Review. These systems are
discouraged between any lot line adjacent to a street and any structure. For energy
production systems and equipment located on top of a structure, see sub -section F.4.
p) Fences and hedges less than forty-two (42) inches in height, as measured from
finished grade, are permitted in all required yard setbacks. Fences and hedges up to
six (6) feet in height, as measured from finished grade, are permitted only in areas
entirely recessed behind the vertical plane established by the portion of the building
facade which is closest to the Street. 1 his restriction applies on all street-iacmg
facades of a parcel. (Also see Section 26.575.050 — Supplementary Regulations for
limitations on fence materials.)
q) Driveways not exceeding twenty-four (24) inches above or below finished grade
within any setback of a yard facing a Street. Within all other required setbacks,
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 14 of 21
finished grade of a driveway shall not exceed thirty (30) inches above or below
finished grade.
r) Parking may occur in required setbacks if within an established driveway or parking
area and the curb cut or vehicular access is from an alleyway, if an alleyway abuts the
property, or has otherwise been approved by the City.
s) Non -permanent features which are not affixed to the ground such as movable patio
furniture, outdoor seating or a picnic table, barbeque grills, children's play
equipment, and similar non -permanent features which are not affixed to the ground.
This exemption shall not allow storage sheds or containers.
t) Wildlife -resistant Trash and Recycling enclosures located in residential zone districts
shall be prohibited in all yards facing a Street. These facilities may be placed within
non -street facing yards if the enclosure is the minimum reasonably necessary in both
height and footprint, is an unconditioned space not integrated with other structures on
the property, and serves no other purpose such as storage, garage space, or other
purposes unrelated to protecting wildlife. Wildlife -resistant trash and recycling
enclosures located in commercial, mixed -use, or lodging zone districts are not exempt
from setback requirements and shall comply with zone district requirements for
Utility/Trash/Recycle areas.
Temporary intermittent placement of trash and recycling containers in or along yards
facing a Street is allowed. For example, on "trash day."
Enclosures shall be located adjacent to the alley where an alley borders the property
and shall not be located in a public right-of-way. Unless otherwise approved by the
Historic Preservation Commission, enclosures shall not abut or be attached to a
historic structure. Enclosures may abut other non -historic structures.
Section 19: Chapter 26.575.020.F.4 — Miscellaneous Supplemental Regulations, Measuring
Building Heights, which section describes the allowed exceptions to height limitations, shall be
amended as follows:
4. Allowed Exceptions to Height Limitations.
a) Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar
venting apparatus may extend no more than ten (10) feet above the height of the
building at the point the device connects. For roofs with a pitch of 8:12 or greater,
these elements may not extend above the highest ridge of the structure by more than
required by adopted building codes or as otherwise approved by the Chief Building
Official to accommodate safe venting. To qualify for this exception, the footprint of
these features must be the minimum reasonably necessary for its function the features
must be combined to the greatest extent practical. Appurtenances such as hoods,
caps, shields, coverings, spark arrestors, and similar functional devices or ornamental
do -dads shall be contained within the limitations of this height exception.
On structures other than a single-family or duplex residential building or an accessory
building, all Chimneys, flues, vents, and similar venting apparatus should be set back
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 15 of 21
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 ten (10) feet above the specified
maximum height limit if set back from any Street facing facade of the building a
minimum of twenty (20) feet and the footprint of the elevators or stair enclosures are
minimized and combined to the greatest extent practicable.
For single-family and duplex residential buildings and for accessory buildings,
elevator and stair enclosures are not allowed a height exception.
d) Rooftop Railings. On any structure other than a single-family or duplex residential
building, rooftop railings and similar safety devices permitting rooftop access may
extend up to five (5) feet above the height of the building at the point the railing
connects. To qualify for this exception, the railing must be the minimum reasonably
necessary to provide adequate safety and building code compliance and the railing
must be 50% or more transparent. All railings shall be set back from any Street facing
facade of the building by an amount equal to the height of the railing.
For single-family and duplex residential buildings, rooftop railings shall not be
allowed a height exception.
e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and
similar mechanical equipment or utility apparatus located on top of a building may
extend up to six (6) feet above height of the building at the point the equipment is
attached. This allowance is inclusive of any pad the equipment is placed on, as well
as any screening. Mechanical equipment shall be screened, combined, and co -located
to the greatest extent practicable. On structures other than a single-family or duplex
residential building or an accessory building, all mechanical equipment shall be set
back from any Street facing facade of the building a minimum of fifteen (15) feet.
fi 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.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 16 of 21
9
The height and placement of energy efficiency or production systems which are not
located on top of a building (located independent of a building) shall be established
by the Planning and Zoning Commission pursuant to the procedures and criteria of
Chapter 26.430 — Special Review. (Also see setback requirements for these systems at
sub -section E.5.)
g) Church spires, bell towers and like architectural projections on Arts, Cultural and
Civic buildings may extend over the height limit as may be approved pursuant to
Commercial Design Review.
h) Flag poles may extend over the specified maximum height limit.
i) Exceptions for buildings on slopes. For properties with a slope that declines by 10%
or greater from the front lot line, the maximum height of a building's front (street -
facing) facade may extend horizontally for the first ten (10) feet of the building's
depth.
j) Exceptions for lightwells and basement stairwells. A basement stairwell required by
Building Code for egress shall not be counted towards maximum permissible height.
On street facing facades the minimum size lightwell entirely recessed behind the
vertical plane established by the portion of the building fagade(s) closest to any
Street(s), and enclosed on all sides to within eighteen (18) inches of the first floor
level (e.g. not a walk -out style light well) shall not be counted towards maximum
permissible height. On non -street facing facades a lightwell that is no more than one
hundred (100) square feet shall not be counted towards maximum permissible height.
This exception does not apply to lightwells and stairwells that are located within a
setback.
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
height exemption. This only applies to a mixed use, lodge, or commercial building
located in the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District,
the Commercial (C-1) Zone District, the Lodge (L) Zone District, the Neighborhood
Commercial (NC) Zone District, or the Commercial Lodge (CL) Zone District.
Permanent rooftop amenities may extend up to five (5) feet above height of the
building at the point the equipment is attached to the roof. This allowance is
inclusive of any pad the equipment is placed on. A trellis with a maximum height of
ten (10) feet and a maximum floor area of no more than 5% of the useable deck area
is permitted. All permanent rooftop amenities shall be set back from any Street
facing facade of the building by a minimum of ten (10) feet.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 17 of 21
•
•
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.
Section 20: Chapter 26.575.020.G — Miscellaneous Supplemental Regulations, Measurement of
Net Leasable Area and Net Livable Area, which section describes how to measure net leasable
area and net livable area, shall be amended as follows:
G. Measurement of Net Leasable Area and Net Livable Area. The calculation of net leasable
area and net livable area shall include all interior space of a building measured from interior wall
to interior wall, including interior partitions. Net leasable area and net livable area shall be
attributed to the lot or parcel upon which it is developed. Net leasable area includes all interior
areas which can be leased to an individual tenant with the exceptions noted below. Net livable
area includes those areas of a building that are used or intended to be used for habitation with the
exceptions noted below. Garages and carports are exempt from net leasable area and net livable
area calculations.
1. Permanently installed interior airlock spaces are exempt from the calculation of net
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more
than 10 square feet, installed on the exterior of a building, shall be considered net
leasable area and shall be subject to all requirements of the Land Use Code, including
employee mitigation, prorated according to the portion of the year in which it is installed.
2. Unless specifically exempted through other provisions of this Title, outdoor displays,
outdoor vending, and similar commercial activities located outside (not within a building)
shall also be included in the calculation of net leasable area. The calculation of such area
shall be the maximum footprint of the display or vending apparatus. For vending carts or
similar commercial activities requiring an attendant, the calculation shall also include a
reasonable amount of space for the attendant. Exterior decks and exterior seating are not
included in the calculation of net leasable area. Vending machines, gas pumps, and
similar devices without an attendant shall not be considered net leasable area.
The calculation of net leasable area and net livable area shall exclude areas of a building that are
integral to the basic physical function of the building. All other areas are attributed to the
measurement of net leasable commercial space or net livable area. When calculating interior
stairways or elevators, the top most interior level served by the stairway or elevator is exempt
from net livable or net leasable area calculations.
Shared areas that count toward net leasable area and net livable area shall be allocated on a
proportionate basis of the use category using the percentages that are generated pursuant to
Section 26.575.020.D.14 Allocation of non -unit space in a mixed use building.
Examples:
1. A broom closet of a minimum size to reasonably accommodate the storage of janitorial
supplies for the entire building is considered integral to the physical function of the
building and does not count toward net leasable area.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 18 of 21
0 •
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.
Section 21: Chapter 26.575.050 — Fence Materials, which section describes height and material
requirements for fences, shall be amended as follows:
26.575.050 Fences
Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet
above finished grade or as otherwise regulated by the, Historic Preservation Design Guidelines
(see Chapter 26.415), the Commercial Design Standards (see Chapter 26.412), Calculations and
Measurements — setbacks (see Chapter 26.575.020.5), or the Engineering Design Standards (see
landscaping). Fences shall be constructed of wood, stone, wrought iron, concrete, metal, wire, or
masonry. Chain link, plastic, vinyl or synthetic fences are prohibited.
Section 22: Chapter 26.575.110 — Building envelopes, which section describes regulations on
building envelopes, shall be amended as follows:
For the purposes of this Chapter, an approved building envelope shall have the same
requirements and allowances as the underlying zoning setbacks, unless otherwise noted in a site -
specific development plan.
For purposes of site -specific development plans, building envelopes may be established to
restrict development to protect slopes, important vegetation, water courses, privacy or other
considerations. Building envelopes required or designated as part of a development approval
shall be described on recorded plats, site -specific development plans, ordinances, resolutions and
building permit site plans.
Section 23: Chapter 26.575.160 — Dormitory, which section described regulations on dormitory
uses, shall be amended as follows:
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 19 of 21
Occupancy of a dormitory unit shall be limited to no more than eight (8) persons. Each unit shall
provide a minimum square footage per person in accordance with the Aspen/Pitkin County
Housing Authority Guidelines, as amended. Standards for use and design of such facilities shall
be established by the Aspen/Pitkin County Housing Authority. A dormitory unit shall be
considered the same as a multi -family unit for all requirements of the Land Use Code other than
permitted and conditional uses.
Section 24: Chapter 26.710.140.D.12(e) — Commercial Core (CC), shall be amended as follows:
Free -Market multi family housing: Limited to the existing FAR. Any subsequent reduction in
floor area occupied by such residential use shall be deemed a new limitation and the use shall not
thereafter be enlarged to occupy a greater floor area.
Section 25: Chapter 26.710.150.D.12(f) — Commercial (C-1), shall be amended as follows:
Free -Market multi family housing: Limited to the existing FAR. Any subsequent reduction in
floor area occupied by such residential use shall be deemed a new limitation and the use shall not
thereafter be enlarged to occupy a greater floor area.
Section 26:
Any scrivener's errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 27: Effect Upon Existing Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 28: SeveraWity.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 29: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty (30) days following final passage.
Section 30•
A public hearing on this ordinance was held on the 231d day of November, at a meeting of the Aspen
City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was
published in a newspaper of general circulation within the City of Aspen.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 20 of 21
0
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 9 h day of November, 2015.
Attest:
Linda Manning, City Clerk
Steven Skadron, Mayor
FINALLY, adopted, passed and approved this day of , 2015.
Attest:
Linda Manning, Cite Clerk
Approved as to form:
James R. True, City Attorney
Steven Skadron, Mayor
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 21 of 21
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
�Fm�✓uiAuvi F -tu —R,& Ce�f� l�(7 S c+, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
Ho,l (4-L/ RJp V 23 e 5 W ,)W 20LS�_
STATE OF COLORADO )
ss.
County of Pitkin )
I, 4& (name, please print)
being or represe ing an Applicant to the City bf Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
1/ ftPublication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
on the day of , 20 , to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that
create more than one lot, new Planned Unit Developments, and new Specially
Planned Areas, are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
v�
Signature
The foregoing "Affidavit of Notice" was acknowledged before me thiL4-_ day
of AlaV*K,1X .f , MAE, by
PUBLIC N0T)CE
RE:AMENDMENT TO THE CITY OF ASPEN
LAND USE CODE
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday, November 23. 2015, at a
meeting to begin at 5:00 p.m. before the Aspen
City Council, Council Chambers, City Hall, 130 S.
Galena St., Aspen, to consider an amendment to
the text of the Land Use Code (Title 26) to update
Chapter 26.100, Definitions, Chapter 26.575, Mis-
cellaneous Supplemental Regulations, and other
miscellaneous text amendments. For further in-
formation, contact Justin Barker at the City of As-
pen Community Development Department, 130 S.
Galena St., Aspen, CO, (970) 429-2797,
justin.barker@cityofaspen.com
seven $Odron,.l g
Aspen city Council
Published in the Aspen Times on November 5,
2015(11660272)
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Pu lic NOTARY ELPUBSO`N
SIC
TATE OF COLORAD0 NOTARY �p 20014030017
L
Y COMMISSION EXPIRES 0912b/2017
ATTACBMENTS AS APPLICABLE:
• COPYOFTHEPUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
• 0
MEMORANDUM
TO: Mayor and City Council
FROM: Justin Barker, Planner
THRU: Chris Bendon, Community Development Director
Jessica Garrow, Long Range Planner
RE: Definitions & Miscellaneous Supplemental Regulations Code
Amendment
Ordinance 46, Series of 2015, First Reading
MEETING DATE: November 9, 2015
(Public Hearing November 23, 2015)
SUMMARY:
The attached Ordinance includes proposed language to amend the Definitions and Miscellaneous
Supplemental Regulations of the Land Use Code. The objective of the code amendment is to clean
up incorrect text references, update and clarify definitions, measurements from grade and floor area
exemptions, allowances in setbacks, and simplify building envelope language. This update intends
to provide predictability in zoning review by clarifying existing regulations and in some cases
adding more specific language.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed Ordinance on First Reading.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This is the I` reading of proposed code amendments to the Definitions and Miscellaneous
Supplemental Regulations of the Land Use Code. Pursuant to Land Use Code Section 26.310,
City Council is the final review authority for all code amendments.
All code amendments are subject to a three -step process. This is the third step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
BACKGROUND & OVERVIEW:
The City's Calculations and Measurements section of the Land Use Code is very technical and
very specific. It explains what does and does not count toward floor area, how to count internal
spaces, how to measure height, what is allowed in setbacks, etc. Every few years this section of
the Code needs updating to remain relevant to current building practice, to create more
predictability in zoning review, and to ensure that the purpose of the requirement is met.
Staff Memo
11.9.2015 — First Reading
Miscellaneous Code Amendment
Page l of 5
0 0
City Planning Staff maintain a "redline" version of the Land Use Code, largely for the
calculations and measurements section, which highlight areas that need to be updated, clarified
or rewritten. These highlights are largely informed by complex projects that expose existing
loopholes or confusing language. The "redline" changes and recent Code interpretations are
incorporated into the proposed Code amendment.
There are very few policy changes proposed. Most of the changes are clarifications and slight
adjustments. The proposed changes include: clarifying dwelling types, cleaning up
measurements from grade, clarifying allowed projections into setbacks, and simplifying building
envelope requirements. A summary of the proposed changes is below. Red -line versions of the
proposed language are attached as Exhibits B & C.
Definitions:
Staff proposes to add a definition for story, which is important for height and use allowance,
particularly for split-level buildings. Staff also proposes a definition for Urban Growth
Boundary, as this term is used within the Land Use Code. Staff is proposing to eliminate the
definition for dwelling, as it is repetitive of the definition for dwelling unit. Staff is also
proposing to eliminate the definition for Growth Management Commission since this is a
commission that no longer exists.
Dwelling Units: No substantive changes are proposed to the definition of dwelling units.
However, staff is proposing to clean up and clarify the definitions. The current definition of
dwelling unit states it is a structure or unit that in intended for living with a kitchen. This is a
fairly broad definition. The proposed changes provide more detail, including stating that a
dwelling unit has no internal connection to another residential or commercial use. This change
allows for a more holistic assessment of dwelling units during zoning review or building
inspection.
The code amendment also amends the size requirements related to dorm units. The current
language in the Land Use Code conflicts with the language in the APCHA Guidelines. Because
housing policy should be established by the Housing Board, staff proposes to refer all dorm size
requirements to the APCHA Guidelines.
The current code does not state how requirements such as Residential Design Standards and
parking apply to dormitory units. The code amendment classifies dorms as multi -family
dwelling units for such calculations, which is consistent with how they have been treated in the
past.
Measurements from Grade: Staff is proposing to clarify measurements from grade. This
includes adding new language around the measurement of finished grade, stating that for finished
grade to be used it must be flat (with exception for drainage requirements) for at least five feet.
This is proposed to address a recent trend of "planter boxes" being pushed up against a building
and artificially raising the height of a building. This change codifies existing City policy.
Staff Memo
11.9.2015 — First Reading
Miscellaneous Code Amendment
Page 2 of 5
Net Leasable and Net Livable Area: There are a few buildings in town that span two or more
property lines. When a property owner attempts to calculate their net leasable or net livable
space, they often ask Planning staff how to complete that calculation. The code is clear that floor
area is counted on the parcel in which it is developed. Staff has used this language to state that
net livable or net leasable is counted on the parcel in which it is developed. Staff proposed to
codify this policy.
Buildinp- Envelopes: There are a number of Planned Developments that rely on Building
Envelopes. These have site specific requirements that for the most part require areas outside of
the envelope to remain in a pristine, untouched condition. Other properties have building
envelopes because of when they were annexed into the city or because of a Stream Margin
Review. These building envelopes function more as setbacks than to preserve untouched
landscape. Staff proposed to amend the Building Envelope requirements to reflect this current
condition. All building envelopes would be treated like setbacks, unless otherwise specified in a
Site -Specific Development Plan.
The amendment provides more certainty for applicants and zoning officers for what can and
cannot be located outside building envelopes that do not have specific language. This may allow
some landscape features outside building envelopes that were not originally intended on a
limited number of properties.
Development in Setbacks: The code currently allows a number of projections in required
setbacks. This includes fences, landscaping, renewable energy systems, and stormwater
improvements. Hot tubs, pools, water features, and permanently affixed outdoor grills and
similar features are allowed within a setback that does not face a street if it is no more than 30
inches above or below grade. Staff is proposing clarifications on the rules related to hot tubs and
similar features to address unique site conditions, as there seems to be confusion about how this
regulation is applied. Development of such elements would be expressly prohibited between a
structure and a public street. This is consistent with the code today. The proposed change would
allow these items in side yards visible from the street if the element is screened by a fence or
landscaping.
The amendment more clearly states where these features are prohibited and requires screening to
reduce visual impacts. It also provides a flexible option for when placement of these features
cannot reasonably be met on unique properties and for multi -family buildings. More fences in
side yards may start appearing to screen these features.
Individual Unit Floor Area: Staff has recognized that there are two possible methods to
calculate floor area for an individual unit within a duplex, multi -family, or mixed -use building.
In the past, a unit's gross square footage subgrade was multiplied by the exposed area of that
unit. The code amendment changes that methodology to multiplying the unit's gross square
footage subgrade by the exposed area of the entire structure. The change brings this calculation
into alignment with other calculations for buildings with multiple units, such as the non -unit
space calculations.
Staff Memo
11.9.2015 — First Reading
Miscellaneous Code Amendment
Page 3 of 5
�► a
The amendment provides consistency in calculation methods. Many existing duplex and
multifamily developments will become nonconforming in regard to Floor Area.
Other Code Cleanups: There are several other miscellaneous amendments that are proposed in
this Ordinance. These are essentially cleanup items to fix Code references, remove conflicting
review authorities, and relocate text into the appropriate Code sections.
Earlier this year Council approved Ordinance 11, Series of 2015, regarding Public Projects. The
Ordinance did not update other sections of the code that reference this Chapter. Staff has
included the updates in this code amendment.
Staff has included updates in this code amendment to clean up conflicting authorities regarding
height and floor area variances. Council is the only review body with the authority to review
variances to height and floor area and the proposed updates reflect that. The Growth
Management Commission is also being deleted from the Code, as it is no longer a City board.
Ordinance 25, Series of 2015, approved by Council earlier this year, included deck exemptions
for free market units in the CC and C-1 Zone Districts. Staff proposes to relocate these
exemptions to the Miscellaneous Supplemental Regulations, where all other floor area
calculations and exemptions are located.
PUBLIC OUTREACH:
Staff sent out a description of the changes and a link to the proposed language in the Community
Development newsletter that reaches almost 600 professionals including contractors, architects,
attorneys, and planners. Staff has received some comments related to the measurements from
grade portion of the amendment expressing a concern that "flat" ground next to a building
contradicts drainage requirements for construction. Staff has modified the language to address
this concern.
Staff met with P&Z on October 6t' to gain their input and feedback on the proposed code
amendments. P&Z mostly asked for clarifications and was comfortable with the proposed
changes. The meeting minutes are also attached as Exhibit D.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Ordinance to amend the Definitions Section,
Miscellaneous Supplemental Regulations Section, and other miscellaneous sections of the Land
Use Code.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. 46, Series of 2015 approving amendments to the Land Use
Code upon first reading. Second Reading is scheduled for November 23, 2015."
Staff Memo
11.9.2015 — First Reading
Miscellaneous Code Amendment
Page 4 of 5
• 0
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A — Staff Findings
Exhibit B — Proposed Code Amendment Language - Definitions (red line version)
Exhibit C — Proposed Code Amendment Language - Miscellaneous (red line version)
Exhibit D — 10/6/15 P&Z minutes
Staff Memo
11.9.2015 — First Reading
Miscellaneous Code Amendment
Page 5 of 5
0 •
ORDINANCE NO.46
(Series of 2015)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING MISCELLANEOUS
AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land
Use Code, the City Council of the City of Aspen directed the Community Development
Department to prepare amendments to the Definitions and Miscellaneous Supplemental
Regulations Chapters of the Land Use Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by
City Council, and then final action by City Council after reviewing and considering the
recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on October 26, 2015, the City Council approved Resolution No.l 11, Series of 2015, requesting
code amendments to the Definitions and Miscellaneous Supplemental Regulations Chapters of the
Land Use Code; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Chapters 26.575 — Miscellaneous
Supplemental Regulations, 26.104.100 — Definitions, 26.208 — City Council, 26.210, Community
Development Director, 26.212 — Planning and Zoning Commission, 26.220 — Historic
Preservation Commission, 26.304 — Common Development Review Procedures, 26.314 —
Variances, 26.316 — Appeals, and 26.710 — Zone Districts; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and
finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050;
and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Code Amendment Objective
The goals and objectives of the code amendment are to update and clarify the Definitions and
Miscellaneous Supplemental Regulations in the Land Use Code.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
. Page I of 21
0
Section 1: The following definitions in Section 26.104.100, Definitions, shall be amended and
added as follows:
Affordable housing. A dwelling unit or units subject to the size, type, rental, sale and
occupancy restrictions and guidelines for affordable housing adopted by the City as part of the
Affordable Housing Guidelines and Chapter 26.470, Growth Management Quota System.
Aspen community growth boundary. Same as Aspen metropolitan (metro) boundary and the
Urban Growth Boundary.
Aspen metropolitan (metro) boundary. That geographic area described and illustrated in the
Aspen Area Community Plan, as amended from time to time, encompassing both the City and its
environs. (Also known as the Urban Growth Boundary and Aspen community growth
boundary).
Building envelope. A designated area on a lot or parcel in which all structures shall be located,
unless specifically excepted or exempted. (See Supplementary Regulations — Section
26.575.110, Building envelopes).
Density. The number of dwelling units or lodge units per unit of land.
Dwelling, attached residential. A residential Dwelling Unit which is physically connected to
one or more other dwellings in either an over -and -under or side -by -side configuration with
common unpierced demising walls or floors/ceilings as applicable.
Dwelling, multi -family. A residential structure containing three (3) or more attached Dwelling
Units in either an over -and -under or side -by -side configuration with common unpierced
demising walls or floors/ceilings as applicable, not including hotels and lodges, but including
townhomes, that may include accessory use facilities limited to an office, laundry, recreation
facilities and off-street parking used by the occupants. One (1) or more Dwelling Units located
within a Mixed -Use building shall also be considered a multi -family dwelling. The term "multi-
family dwelling" also includes properties listed on the Aspen Inventory of Historic Landmark
Sites and Structures consisting of three (3) or more Detached Residential Dwellings.
Dwelling unit. A structure or portion thereof, providing complete, independent living facilities
for one or more persons, including, but not limited to, permanent provisions for living, sleeping,
eating, cooking, and sanitation, and which shall not have an internal connection to any other
residential or non-residential unit or use. Also known as a Dwelling or a Residence.
Fence. A constructed barrier intended to prevent escape or intrusion or to mark a boundary or
shield or screen view or to perform any similar function. (See, Supplementary Regulations —
Section 26.575.050, Fences)
Floor area. The sum total of the gross horizontal areas of each story of the building measured
from the exterior walls of the building. (See, Supplementary Regulations — Section 26.575.020,
Calculations and measurements).
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 2 of 21
0 •
Grade, finished. The elevation of the ground surface measured where it meets the exterior wall
of a structure upon completion of construction. A surface must be flat (with exception for
drainage requirements) for at least 5 feet measured horizontally from an exterior wall or flat
(with exception for drainage requirements) between the exterior wall of a building and the
property line to be considered finished grade.
Kitchen. A room or other portion of a structure used for the preparation and cooking of food.
Story. A space in a building between the surface of any floor and the surface of the floor or
ceiling above, which is more than 50 percent above finished grade.
Urban Growth Boundary. Same as Aspen metropolitan (metro) boundary and the Aspen
community growth boundary.
Section 2: The definitions "dwelling" and "Growth Management Commission" in Section
26.104.100, Definitions, are hereby deleted.
Section 3: Chapter 26.208.010.M — City Council, which section describes the power and duties of
City Council, shall be amended as follows:
To hear, review and approve, approve with conditions or disapprove an application for Public
Projects Review, pursuant to Chapter 26.500, and to determine if a private development
application is eligible for Public Project Review, pursuant to Section 26.500.040.D.
Section 4: Chapter 26.210.020.B — Community Development Director, which section described the
power and duties of the Community Development Director, shall be amended as follows:
[No Changes to Subsections 1-23]
24. To approve, approve with conditions, or disapprove an application for Administrative Public
Project review, pursuant to Chapter 26.500, and to determine if a private development
application is eligible for Public Project Review, pursuant to Section 26.500.040.D.
Section 5: Chapter 26.212.010.N — Planning and Zoning Commission, which section describes the
power and duties of the Planning and Zoning Commission, shall be amended as follows:
To grant variances, not including variances to allowable FAR or height, from the provisions of
this Title when a consolidated application is presented to the Commission for review and
approval pursuant to Chapter 26.314;
Section 6: Chapter 26.212.010 — Planning and Zoning Commission, which section describes the
power and duties of the Planning and Zoning Commission, shall be amended as follows:
[No Changes to Subsections A — Q]
R. To hear, review and approve, approve with conditions or disapprove an application for
Public Projects Review, pursuant to Chapter 26.500.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 3 of 21
Section 7: Chapter 26.220.010.H — Historic Preservation Commission, which section describes
the power and duties of the Historic Preservation Commission, shall be amended as follows:
To grant variances, not including variances to allowable FAR or height, from the provisions of
this Title when a consolidated application is presented to the Commission for review and
approval pursuant to Chapter 26.314;
Section 8: Chapter 26.220.010 — Historic Preservation Commission, which section describes the
power and duties of the Historic Preservation Commission, shall be amended as follows:
[No Changes to Subsections A-K]
L. To hear, review and approve, approve with conditions or disapprove an application for
Public Projects Review, pursuant to Chapter 26.500.
Section 9: Chapter 26.304.060.B.3 — Common Development Review Procedures, which section
describes modification of review process, shall be amended as follows:
Public Projects. If the Community Development Director, or City Council, determines that a
proposed development is authorized for Public Project Review in accordance with Section
26.500.040.D, the Community Development Director shall cause the application to proceed in
accordance with Section 26.500.040.
Section 10: Chapter 26.314.080 — Variances, which section describes the authority to hear appeals
for variances, shall be amended as follows:
An applicant may appeal an adverse determination by the Planning and Zoning Commission or
Historic Preservation Commission on an application for a variance, not including variances to
allowable FAR or height, that is consolidated with other development applications to the Board
of Adjustment. Such appeals shall follow the general appeal procedures set forth in Chapter
26.316.
Section 11: Chapter 26.316.010 — Appeals, which section describes the authority to hear appeals,
shall be amended as follows:
The purpose of this Chapter is to establish the authority of the Board of Adjustment, the Planning
and Zoning Commission and City Council to hear and decide certain appeals and to set forth the
procedures for said appeals.
Section 12: Chapter 26.575.020.D.1 — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area in general, shall be amended as
follows:
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
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 4 of 21
building. When measuring from the exterior walls, the measurement shall be taken from
the exterior face of framing, exterior face of structural block, exterior face of straw bale,
or similar exterior surface of the nominal structure excluding sheathing, vapor barrier,
weatherproofing membrane, exterior -mounted insulation systems, and excluding all
exterior veneer and surface treatments such as stone, stucco, bricks, shingles, clapboards
or other similar exterior veneer treatments. (Also, see setbacks.)
Section 13: Chapter 26.575.020.D.4 — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area for decks and similar features,
shall be amended as follows:
4. _Decks, Balconies, Loggias, Gazebos, Trellis, Exterior Stairways, and non -Street -facing
porches.
a. The calculation of the Floor Area of a building or a portion thereof shall not include
decks, balconies, trellis, exterior stairways, non -Street facing porches, gazebos and
similar features, unless the area of these features is greater than fifteen percent (15%)
of the allowable floor area for the property and the use and density proposed, or as
otherwise exempted by this Section.
b. If the area of these features exceeds fifteen percent (15%) of the property's allowable
Floor Area (for that use and density proposed) only the areas in excess of the fifteen
percent (15%) shall be attributed towards the allowable Floor Area for the property.
The allowable Floor Area for the purpose of this calculation refers to the Floor Area
calculation based on the Net Lot Area, as defined in this chapter or as prescribed by a
site specific approval, with the following exceptions: Floor Area bonus, or established
or extinguished Transferrable Development Right certificates are not included.
c. Decks, balconies, exterior stairways, trellis, and similar features of a mixed use,
commercial, or lodge building located within the Commercial Core (CC) Zone
District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the
Neighborhood Commercial (NC) Zone District, the Lodge (L) Zone District, or the
Commercial Lodge (CL) Zone District shall be exempt from Floor Area calculations.
d. For free-market residential units located within the Commercial Core (CC) Zone
District and Commercial (C-1) Zone District, at -grade patios, decks (other than roof-
top decks), balconies, exterior stairways, trellis, and other similar features may only
be expanded up to 15% of the total free-market residential floor area. Such free-
market units shall not be able to utilize any other exemptions to floor area outlined in
Section 26.575.020(D).
e. The area of the following features count toward deck calculation: railing, permanently
fixed seating, permanently fixed grills, and similar permanently fixed features.
Permanent planter boxes and green roofs that are a minimum of 30" in height above
or below the deck surface, measured from the deck surface to the bottom of the
planter box or green roof surface, and that are permanently built into the structure of
the roof or deck are not included in the deck calculation. Permanent planter boxes and
green roofs that do not meet the minimum requirement count toward deck calculation.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
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f. Unenclosed areas beneath decks, balconies, and exterior stairways shall be exempt
from Floor Area calculations unless that area is used as a carport. (See provisions for
garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath
porches, gazebos, and decks or balconies when those elements have a finished floor
level within thirty (30) inches of the surrounding finished grade shall be exempt from
Floor Area calculations regardless of how that area is used.
Section 14: Chapter 26.575.020.D.6 — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area for patios, shall be amended as
follows:
6. Patios. Patios developed at or within six inches of finished grade shall not be counted
towards Floor Area. These features may be covered by roof overhangs or similar
architectural projections of up to four feet, as measured from the face of the building,
and remain exempt from Floor Area calculations. When roof overhangs or similar
architectural projections exceed four feet, the entire feature shall be subject to deck
calculations. Railing, permanently fixed seating, permanently fixed grills, and similar
permanently fixed features located on patios shall count toward deck calculation.
Section 15: Chapter 26.575.020.D.7 — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area for garages and carports, shall be
amended as follows:
7. Garages and carports. For all multi -family buildings, parcels containing more than two
residential units, and residential units located within a mixed -use building, 250 square
feet of the garage or carport area shall be excluded from the calculation of floor area per
residence on the parcel. All garage and carport area in excess of 250 square feet per
residence shall be attributed towards Floor Area and Floor Area Ratio with no exclusion.
Garage and carport 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:
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
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 6 of 21
0
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.
Section 16: Chapter 26.575.020.D.8 — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area for subgrade areas, shall be
amended as follows:
8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the
calculation of Floor Area based on the portion of the level exposed above grade.
The percentage of the gross area of a partially subgrade level to be counted as Floor Area
shall be the surface area of the exterior walls exposed above natural or finished grade,
whichever is lower, divided by the total exterior wall area of that level. Subgrade stories
with no exposed exterior surface wall area shall be excluded from floor area calculations.
Example: If the walls of a 2,000 square foot level are forty percent (40%)
exposed above the lower of natural or finished grade then forty percent (40%) of
that level, 800 square feet is counted as Floor Area.
Exposed -F] Percentage of exterior wall that's exposed
Area below more restrictive +3 equals the amount of subgrade area that will
count towards floor area calculation
Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area
For the purposes of this section. the exterior wall area to be measured shall be the interior
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 7 of 21
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.
Floos Structure
Area of w�
to be usedfor
subgsade
calculation
Foundation and Floor Structure
t
Foundation Footer
Figure 5: Measuring the Area of a Sub -,grade Wall
When considering multi -level subgrade spaces, adjacent interior spaces shall be
considered on the same story if the vertical separation between the ceilings of the spaces
is less than 50% of the distance between the floor and ceiling of either space.
A
e
C
Space A and B are on the same level,
while Space A and C are on different levels.
Figure 6: Determining different building levels
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.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 8 of 21
Area counts
towards wall
calculation
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.
When it is necessary to determine the floor area of an individual unit within a duplex or
multi -family building, it shall be calculated from the exterior walls to the centerline of
any party walls it shares with other units.
In order to determine the subgrade area of an individual unit in a duplex or multi -family
building that applies toward Floor Area calculations, the subgrade gross square footage of
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 9 of 21
an individual unit shall be multiplied by the percentage of exterior walls exposed above
grade for the entire structure.
Example:
a. The subgrade exemption for the structure is 40% (exposed wall divided by total
wall).
b. Unit A has 500 square feet below grade, measured from exterior wall to the
centerline of the party walls it shares with Unit B. Unit B has 900 square feet.
c. 0.40 (entire duplex exposed percentage) x 500 (Unit A subgrade gross square
footage) = 200 square feet subgrade floor area that applies toward the total Floor
Area for Unit A. 0.40 (entire duplex exposed percentage) x 900 (Unit B subgrade
gross square footage) = 360 square feet subgrade floor area that applies toward
the Floor Area for Unit B.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 10 of 21
•
Section 17: Chapter 26.575.020.D.I I — Miscellaneous Supplemental Regulations, Measuring
Floor Area, which section describes how to measure floor area for sheds, storage areas, and
similar accessory structures, shall be amended as follows:
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 that are both larger than thirty-two square feet
per primary residence and more than thirty-six inches in height shall be included in their
entirety in the calculation of Floor Area. Properties which do not contain residential units
are not eligible for this Floor Area exemption.
Section 18: Chapter 26.575.020.E.5 — Miscellaneous Supplemental Regulations, Measuring
Setbacks, which section describes the allowed projections into setbacks, shall be amended as
follows:
5. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below
ground except for the following allowed projections:
a) Above or below ground utilities, including transformers and vaults, below -grade
heating or cooling conduit or infrastructure such as a ground -source heat pump
system, below -grade dry wells or other at -grade or below -grade drainage
infrastructure.
b) Trees and vegetation.
c) Artwork, sculpture, seasonal displays.
d) Flagpoles, mailboxes, address markers.
e) Foundation footers, soil nails or below -grade tiebacks, and similar improvements
necessary for the structural integrity of a building or other structures.
f) The minimum projection necessary to accommodate exterior mounted utility
junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and
including any protective structure as may be required by the utility provider.
g) Building eaves, bay windows, window sills, and similar architectural projections up
to eighteen (18) inches as measured from the setback boundary.
h) The minimum projection necessary to accommodate light wells and exterior basement
stairwells as required by adopted Building or Fire Codes as long as these features are
entirely recessed behind the vertical plane established by the portion of the building
fa�ade(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.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 11 of 21
Features required for adjacent subgrade interior spaces may be combined as long as
the combined feature represents the minimum projection into the setback. There is no
vertical depth limitation for these features.
This exemption does not apply to Areaways. This exemption does not apply to light
wells and exterior basement stairwells which are not required by adopted Building or
Fire Codes.
i) The minimum projection necessary to accommodate an exterior -mount fire escape to
an existing building, as may be required by adopted Building or Fire Codes.
j) Uncovered porches, landscape terraces, slabs, patios, walks and similar features,
which do not exceed six (6) inches vertically above or below the surrounding finished
grade for the entire feature.
k) Landscape walls, berms, retaining walls, stairways and similar structures, which do
not exceed thirty (30) inches vertically above or below the lower of natural or
finished grade Improvements may be up to thirty (30) inches above and below grade
simultaneously, for up to a sixty (60) inch total. Improvements may exceed thirty (30)
inches below grade if determined to be necessary for the structural integrity of the
improvement. (See Figure 17). Berms are prohibited in the front yard setback.
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 shall have the following
requirements:
a. Prohibited between any lot line adjacent to a street and any structure; and
b. Shall be located at least double the minimum setback for a primary
structure from any lot line adjacent to a street; and
c. If visible from the street, these features shall be screened in accordance
with Section 26.575.050, Fences; and
d. If located within a setback not adjacent to a street, these features shall not
exceed thirty (30) inches above or below finished grade. These features
may be up to thirty (30) inches above and below finished grade
simultaneously. Improvements may exceed thirty (30) inches below grade
if necessary for the structural integrity of the improvement.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 12 of 21
• 0
Street
----- --------
mom=
uQ� }
G ,
{
f '
x x
Required Setbacks
Prohibited Area
Figure 16
n) Heating and air conditioning equipment and similar mechanical equipment shall have
the following requirements:
a. Prohibited between any lot line adjacent to a street and any structure; and
b. Shall be located at least double the minimum setback for a primary
structure from any lot line adjacent to a street; and
c. If visible from the street, these features shall be screened in accordance
with Section 26.575.050, Fences; and
d. If located within a setback not adjacent to a street, these features shall not
exceed thirty (30) inches above or below finished grade. These features
may be up to thirty (30) inches above and below finished grade
simultaneously.
The Community Development Director may approve exceptions to the requirements
of m) and n) above. The Community Development Director must first determine that
the visual impact of the exemption is minimal and that no other reasonable option
exists. Approval shall be in the form of a recordable administrative determination.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 13 of 21
o) The height and placement of energy efficiency or renewable energy production
systems and equipment which are located adjacent to or independent of a building
shall be established by the Planning and Zoning Commission pursuant to the
procedures and criteria of Chapter 26.430 — Special Review. These systems are
discouraged between any lot line adjacent to a street and any structure. For energy
production systems and equipment located on top of a structure, see sub -section F.4.
p) Fences and hedges less than forty-two (42) inches in height, as measured from
finished grade, are permitted in all required yard setbacks. Fences and hedges up to
six (6) feet in height, as measured from finished grade, are permitted only in areas
entirely recessed behind the vertical plane established by the portion of the building
facade which is closest to the Street. "phis restriction applies on all Street -facing
facades of a parcel. (Also see Section 26.575.050 — Supplementary Regulations for
limitations on fence materials.)
q) Driveways not exceeding twenty-four (24) inches above or below finished grade
within any setback of a yard facing a Street. Within all other required setbacks,
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 14 of 21
•
finished grade of a driveway shall not exceed thirty (30) inches above or below
finished grade.
r) Parking may occur in required setbacks if within an established driveway or parking
area and the curb cut or vehicular access is from an alleyway, if an alleyway abuts the
property, or has otherwise been approved by the City.
s) Non -permanent features which are not affixed to the ground such as movable patio
furniture, outdoor seating or a picnic table, barbeque grills, children's play
equipment, and similar non -permanent features which are not affixed to the ground.
This exemption shall not allow storage sheds or containers.
t) Wildlife -resistant Trash and Recycling enclosures located in residential zone districts
shall be prohibited in all yards facing a Street. These facilities may be placed within
non -street facing yards if the enclosure is the minimum reasonably necessary in both
height and footprint, is an unconditioned space not integrated with other structures on
the property, and serves no other purpose such as storage, garage space, or other
purposes unrelated to protecting wildlife. Wildlife -resistant trash and recycling
enclosures located in commercial, mixed -use, or lodging zone districts are not exempt
from setback requirements and shall comply with zone district requirements for
Utility/Trash/Recycle areas.
Temporary intermittent placement of trash and recycling containers in or along yards
facing a Street is allowed. For example, on "trash day."
Enclosures shall be located adjacent to the alley where an alley borders the property
and shall not be located in a public right-of-way. Unless otherwise approved by the
Historic Preservation Commission, enclosures shall not abut or be attached to a
historic structure. Enclosures may abut other non -historic structures.
Section 19: Chapter 26.575.020.F.4 — Miscellaneous Supplemental Regulations, Measuring
Building Heights, which section describes the allowed exceptions to height limitations, shall be
amended as follows:
4. Allowed Exceptions to Height Limitations.
a) Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and similar
venting apparatus may extend no more than ten (10) feet above the height of the
building at the point the device connects. For roofs with a pitch of 8:12 or greater,
these elements may not extend above the highest ridge of the structure by more than
required by adopted building codes or as otherwise approved by the Chief Building
Official to accommodate safe venting. To qualify for this exception, the footprint of
these features must be the minimum reasonably necessary for its function the features
must be combined to the greatest extent practical. Appurtenances such as hoods,
caps, shields, coverings, spark arrestors, and similar functional devices or ornamental
do -dads shall be contained within the limitations of this height exception.
On structures other than a single-family or duplex residential building or an accessory
building, all Chimneys, flues, vents, and similar venting apparatus should be set back
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 15 of 21
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 ten (10) feet above the specified
maximum height limit if set back from any Street facing facade of the building a
minimum of twenty (20) feet and the footprint of the elevators or stair enclosures are
minimized and combined to the greatest extent practicable.
For single-family and duplex residential buildings and for accessory buildings,
elevator and stair enclosures are not allowed a height exception.
d) Rooftop Railings. On any structure other than a single-family or duplex residential
building, rooftop railings and similar safety devices permitting rooftop access may
extend up to five (5) feet above the height of the building at the point the railing
connects. To qualify for this exception, the railing must be the minimum reasonably
necessary to provide adequate safety and building code compliance and the railing
must be 50% or more transparent. All railings shall be set back from any Street facing
facade of the building by an amount equal to the height of the railing.
For single-family and duplex residential buildings, rooftop railings shall not be
allowed a height exception.
e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and
similar mechanical equipment or utility apparatus located on top of a building may
extend up to six (6) feet above height of the building at the point the equipment is
attached. This allowance is inclusive of any pad the equipment is placed on, as well
as any screening. Mechanical equipment shall be screened, combined, and co -located
to the greatest extent practicable. On structures other than a single-family or duplex
residential building or an accessory building, all mechanical equipment shall be set
back from any Street facing facade of the building a minimum of fifteen (15) feet.
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.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 16 of 21
The height and placement of energy efficiency or production systems which are not
located on top of a building (located independent of a building) shall be established
by the Planning and Zoning Commission pursuant to the procedures and criteria of
Chapter 26.430 — Special Review. (Also see setback requirements for these systems at
sub -section E.5.)
g) Church spires, bell towers and like architectural projections on Arts, Cultural and
Civic buildings may extend over the height limit as may be approved pursuant to
Commercial Design Review.
h) Flag poles may extend over the specified maximum height limit.
i) Exceptions for buildings on slopes. For properties with a slope that declines by 10%
or greater from the front lot line, the maximum height of a building's front (street -
facing) facade may extend horizontally for the first ten (10) feet of the building's
depth.
j) Exceptions for lightwells and basement stairwells. A basement stairwell required by
Building Code for egress shall not be counted towards maximum permissible height.
On street facing facades the minimum size lightwell entirely recessed behind the
vertical plane established by the portion of the building fagade(s) closest to any
Street(s), and enclosed on all sides to within eighteen (18) inches of the first floor
level (e.g. not a walk -out style light well) shall not be counted towards maximum
permissible height. On non -street facing facades a lightwell that is no more than one
hundred (100) square feet shall not be counted towards maximum permissible height.
This exception does not apply to lightwells and stairwells that are located within a
setback.
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
height exemption. This only applies to a mixed use, lodge, or commercial building
located in the Commercial Core (CC) Zone District, Mixed Use (MU) Zone District,
the Commercial (C-1) Zone District, the Lodge (L) Zone District, the Neighborhood
Commercial (NC) Zone District, or the Commercial Lodge (CL) Zone District.
Permanent rooftop amenities may extend up to five (5) feet above height of the
building at the point the equipment is attached to the roof. This allowance is
inclusive of any pad the equipment is placed on. A trellis with a maximum height of
ten (10) feet and a maximum floor area of no more than 5% of the useable deck area
is permitted. All permanent rooftop amenities shall be set back from any Street
facing facade of the building by a minimum of ten (10) feet.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 17 of 21
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.
Section 20: Chapter 26.575.020.G — Miscellaneous Supplemental Regulations, Measurement of
Net Leasable Area and Net Livable Area, which section describes how to measure net leasable
area and net livable area, shall be amended as follows:
G. Measurement of Net Leasable Area and Net Livable Area. The calculation of net leasable
area and net livable area shall include all interior space of a building measured from interior wall
to interior wall, including interior partitions. Net leasable area and net livable area shall be
attributed to the lot or parcel upon which it is developed. Net leasable area includes all interior
areas which can be leased to an individual tenant with the exceptions noted below. Net livable
area includes those areas of a building that are used or intended to be used for habitation with the
exceptions noted below. Garages and carports are exempt from net leasable area and net livable
area calculations.
1. Permanently installed interior airlock spaces are exempt from the calculation of net
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more
than 10 square feet, installed on the exterior of a building, shall be considered net
leasable area and shall be subject to all requirements of the Land Use Code, including
employee mitigation, prorated according to the portion of the year in which it is installed.
2. Unless specifically exempted through other provisions of this Title, outdoor displays,
outdoor vending, and similar commercial activities located outside (not within a building)
shall also be included in the calculation of net leasable area. The calculation of such area
shall be the maximum footprint of the display or vending apparatus. For vending carts or
similar commercial activities requiring an attendant, the calculation shall also include a
reasonable amount of space for the attendant. Exterior decks and exterior seating are not
included in the calculation of net leasable area. Vending machines, gas pumps, and
similar devices without an attendant shall not be considered net leasable area.
The calculation of net leasable area and net livable area shall exclude areas of a building that are
integral to the basic physical function of the building. All other areas are attributed to the
measurement of net leasable commercial space or net livable area. When calculating interior
stairways or elevators, the top most interior level served by the stairway or elevator is exempt
from net livable or net leasable area calculations.
Shared areas that count toward net leasable area and net livable area shall be allocated on a
proportionate basis of the use category using the percentages that are generated pursuant to
Section 26.575.020.D.14 Allocation of non -unit space in a mixed use building.
Examples:
1. A broom closet of a minimum size to reasonably accommodate the storage of janitorial
supplies for the entire building is considered integral to the physical function of the
building and does not count toward net leasable area.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 18 of 21
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.
Section 21: Chapter 26.575.050 — Fence Materials, which section describes height and material
requirements for fences, shall be amended as follows:
26.575.050 Fences
Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet
above finished grade or as otherwise regulated by the, Historic Preservation Design Guidelines
(see Chapter 26.415), the Commercial Design Standards (see Chapter 26.412), Calculations and
Measurements — setbacks (see Chapter 26.575.020.5), or the Engineering Design Standards (see
landscaping). Fences shall be constructed of wood, stone, wrought iron, concrete, metal, wire, or
masonry. Chain link, plastic, vinyl or synthetic fences are prohibited.
Section 22: Chapter 26.575.110 — Building envelopes, which section describes regulations on
building envelopes, shall be amended as follows:
For the purposes of this Chapter, an approved building envelope shall have the same
requirements and allowances as the underlying zoning setbacks, unless otherwise noted in a site -
specific development plan.
For purposes of site -specific development plans, building envelopes may be established to
restrict development to protect slopes, important vegetation, water courses, privacy or other
considerations. Building envelopes required or designated as part of a development approval
shall be described on recorded plats, site -specific development plans, ordinances, resolutions and
building permit site plans.
Section 23: Chapter 26.575.160 — Dormitory, which section described regulations on dormitory
uses, shall be amended as follows:
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 19 of 21
Occupancy of a dormitory unit shall be limited to no more than eight (8) persons. Each unit shall
provide a minimum square footage per person in accordance with the Aspen/Pitkin County
Housing Authority Guidelines, as amended. Standards for use and design of such facilities shall
be established by the Aspen/Pitkin County Housing Authority. A dormitory unit shall be
considered the same as a multi -family unit for all requirements of the Land Use Code other than
permitted and conditional uses.
Section 24: Chapter 26.710.140.D.12(e) — Commercial Core (CC), shall be amended as follows:
Free -Market multi family housing: Limited to the existing FAR. Any subsequent reduction in
floor area occupied by such residential use shall be deemed a new limitation and the use shall not
thereafter be enlarged to occupy a greater floor area.
Section 25: Chapter 26.710.150.D.12(f) — Commercial (C-1), shall be amended as follows:
Free -Market multi family housing: Limited to the existing FAR. Any subsequent reduction in
floor area occupied by such residential use shall be deemed a new limitation and the use shall not
thereafter be enlarged to occupy a greater floor area.
Section 26•
Any scrivener's errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 27: Effect Upon Existing Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 28: Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 29: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty (30) days following final passage.
Section 30:
A public hearing on this ordinance was held on the a, day of , at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was
published in a newspaper of general circulation within the City of Aspen.
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 20 of 21
0 0
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 9t' day of November, 2015.
Attest:
Linda Manning, City Clerk
Steven Skadron, Mayor
FINALLY, adopted, passed and approved this day of , 2015.
Attest:
Linda Manning, City Clerk
Approved as to form:
James R. True, City Attorney
Steven Skadron, Mayor
Ordinance No. 46, Series of 2015
Misc. Code Amendment
Page 21 of 21
EXHIBIT A
STAFF FINDINGS
26.310.050 Amendments to the Land Use Code Standards of review - Adoption.
In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step
Three — Public Hearing before City Council, the City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Findings: There are no known conflicts with any other portions of this Title. Staff finds this
criterion to be met.
B. Whether the proposed amendment achieves the policy, community goal, or objective
cited as reasons for the code amendment or achieves other public policy objectives.
Staff Findings: The purpose of the proposed amendment is to fix incorrect text references, update
regulations to remain relevant to current building practice, and create more predictability in
zoning review. Staff finds this criterion to be met.
C. Whether the proposed amendment is compatible with the community character of the
City and is in harmony with the public interest and the purpose and intent of this
Title.
Staff Findings: The proposed amendment helps to clarify language and expose loopholes in
order to maintain consistent application of the Code throughout the community. It is in the
public interest to maintain consistency and have reliability in the language of the Code. Staff
finds this criterion to be met.
Exhibit A
Staff Findings
Misc. Code Amendment
Page 1 of I
EXHIBIT B
DEFINITIONS - REDLINE VERSION
Affordable housing. A dwelling unit or units subject to the size, type, rental, sale and occupancy
restrictions and guidelines for affordable housing adopted by the City as part of the Affordable
Housing Guidelines and Chapter 26.470, Growth Management Quota System. (gee-Supplemeotal-J,
Aspen community growth boundary. Same as Aspen metropolitan (metro) boundary and the
Urban Growth BOLlndarv.
Aspen metropolitan (metro) boundary. That geographic area described and illustrated in the
Aspen Area Community Plan, as amended from time to time, encompassing both the City and its
environs. (Also known as the Urban Growth Boundary and Aspen community growth boundary).
Building envelope. A designated area on a lot or parcel in which all structuresmid deNelopmeRt
shall be locate deenst . eted e- geeu , unless specifically excepted or exempted„ inelading but not
li"ted to ey-eavatier landseaping, buuilding, grading, de,no;;tieR F f411iR,",. (See Supplementary
Regulations — Section 26.575.110, Building envelopes).
Density. The number of dwelling units OF hLAF,,OFA-s or lodge units per unit of land as ..o...,,ilte
the Zone Dist iet
Dwelling, attached residential. A residential Ddwelling Unit which is physically connected to one
or more other dwellings erbuildings in either an over -and -under or side -by -side configuration with
common unpierced demising walls or floors/ceilings as applicable.en 8Ae OF MOR sides
Dwelling, multi -family. A residential structure containing three (3) or more attached Dwelling Units
in either an over -and -under or side -by -side configuration with common unpierced demising walls or
floors/ceilings as applicable, not including hotels and lodges, but including townhomes, that may
include accessory use facilities limited to an office, laundry, recreation facilities and off-street
parking used by the occupants. One (1) or more Dwelling Units located within a Mixed -Use building
shall also be considered a multi -family dwelling. The term "multi -family dwelling" also includes
properties listed on the Aspen Inventory of Historic Landmark Sites and Structures consisting of
three (3) or more Detached Residential Dwellings.' ff4s �..e....,:,����
Dwelling unit. A structure or portion thereof,
an iadiyidual ~esideneeproviding complete, independent living facilities for one or more persons,
including, but not limited to, permanent provisions for living: sleeping eating, cooking. and
sanitation, and which shall not have an internal connection to anv other residential or non-residential
unit or use. Also known as a Dwelling or a Residence. (Ord. No. 22-2008, § 2)
Exhibit B
Definitions - Redline Version
Miscellaneous Code Amendment
Page 1 of 2
Fence. A constructed barrier, ine1uding bffi:ns. intended to prevent escape or intrusion or to mark a
boundary or shield or screen view or to perform any similar function. (See, Supplementary
Regulations — Section 26.575.050, Fences)
Floor area. The sum total of the gross horizontal areas of each story of the building measured from
the exterior walls of the building. ^r c em the eenterline ^;a4 (See, Supplementary
Regulations — Section 26.575.020, Calculations and measurements).
Grade, finished. The elevation of the ground surface measured where it meets the exterior wall of a
structure upon completion of construction. A surface must be flat (with exception for drainage
requirements) for at least 5 feet measured horizontally from an exterior wall or flat (with exception
for drainage requirements) between the exterior wall of a building and the property line to be
considered finished grade.
Growth b yalld Zefling
Kitchen. A room or other portion of a structure used for the preparation and cooking of food, -ate
"-hieh cant-ains-a-re€ i ffater. Siult, *^3 OF ---:1., . PROW;; deVi e
Story. A space in a building between the surface of any floor and the surface of the floor or ceiling
above, which is more than 50 percent above finished grade.
Urban Growth Boundary. Same as Aspen metropolitan (metro) boundary and the Aspen
community growth boundary.
Exhibit B
Definitions - Redline Version
Miscellaneous Code Amendment
Page 2 of 2
r�
U
D. Measuring Floor Area
area, the following applies:
EXHIBIT C
MISCELLANEOUS - REDLINE VERSION
In measuring floor areas for floor area ratio and allowable floor
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 eF ^anion theFee f When measuring from the exterior walls, the measurement
shall be taken from the exterior face of framing, exterior face of structural block, exterior
face of straw bale, or similar exterior surface of the nominal structure excluding
sheathing, vapor barrier, weatherproofing membrane, exterior -mounted insulation
systems, and excluding all exterior veneer and surface treatments such as stone, stucco,
bricks, shingles, clapboards or other similar exterior veneer treatments. (Also, see
OUTSIDE
'/I
I
INSIDE
WindjwExterior
Property
Face
of Framing
Line
Window SWood
Veneer
r
11
�— Framing
Stone Veneer
{—'— Setback measured to
/�
Floor Area Measured to Face of Framing
edge of veneer
setbacks.)
Figure 2: Measuring to Face of Framing
4. Decks, Balconies, Loggias, Gazebos, Trellis, Exterior Stairways, and non -Street -facing
porches.
a. The calculation of the Floor Area of a building or a portion thereof shall not include
decks, balconies, trellis, exterior stairways, non -Street facing porches, gazebos and
similar features, unless the area of these features is greater than fifteen percent (15%) of
the allowable floor area for the property and the use and density proposed, or as
otherwise exempted by this Section.
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 1 of 17
b. If the area of these features exceeds fifteen percent (15%) of the property's allowable
Floor Area (for that use and density proposed) only the areas in excess of the fifteen
percent (15%) shall be attributed towards the allowable Floor Area for the property.
The allowable Floor Area for the purpose of this calculation refers to the Floor Area
calculation based on the Net Lot Area, as defined in this chapter or as prescribed by a
site specific approval, with the following exceptions: Floor Area bonus, or established
or extinguished Transferrable Development Right certificates are not included.
c_Decks, balconies, exterior stairways, trellis, and similar features of a mixed use,
commercial, or lodge building located within the Commercial Core (CC) Zone District,
Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Neighborhood
Commercial (NC) Zone District, the Lodge (L) Zone District, or the Commercial Lodge
(CL) Zone District shall be exempt from Floor Area calculations.
e-d.For free-market residential units located within the Commercial Core (CC) Zone
District and Commercial (C-1) Zone District, at -grade patios, decks (other than roof -top
decks), balconies, exterior stairways, trellis, and other similar features may only_y
expanded up to 15% of the total free-market residential floor area. Such free-market
units shall not be able to utilize any other exemptions to floor area outlined in Section
26.575.020(D).
de.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 the bottom of the planter
box or green roof surface, and that are permanently built into the structure of the roof or
deck are not included in the deck calculation. Permanent planter boxes and green roofs
that do not meet the minimum requirement count toward deck calculation.
f Unenclosed areas beneath decks, balconies, and exterior stairways shall be exempt from
Floor Area calculations unless that area is used as a carport. (See provisions for
garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath
porches, gazebos, and decks or balconies when those elements have a finished floor
level within thirty (30) inches of the surrounding finished grade shall be exempt from
Floor Area calculations regardless of how that area is used.
6. Patios. Patios developed at or within six inches of finished grade shall not be counted
towards Floor Area. These features may be covered by roof overhangs or similar
architectural projections of up to four feet, as measured from the face of the building,
and remain exempt from Floor Area calculations. When roof overhangs or similar
architectural projections exceed four feet, the entire feature shall be subject to deck
calculations. . Railing permanently fixed seating, permanently
fixed grills, and similar permanently fixed features located on patios shall count toward
deck calculation.
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 2 of 17
0 •
7. Garages and carports. For all multi -family buildings, parcels
containing more than two residential units, and residential units located within a mixed -
use building, 250 square feet of the garage or carport area shall be excluded from the
calculation of floor area per residence on the parcel. All garage and carport area in excess
of 250 square feet per residence shall be attributed towards Floor Area and Floor Area
Ratio with no exclusion. Garage and carport 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:
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 exposed above grade.
The percentage of the gross area of a partially subgrade level to be counted as Floor Area
shall be the surface area of the exterior walls exposed above
finished gr-a natural or finished trade, whichever is lower, divided by the total exterior
wall area of that level. Subgrade stories with no exposed exterior surface wall area shall
be excluded from floor area calculations.
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 3 of 17
0
0
Example: If the walls of a 2,000 square foot level are forty percent (401/6)
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 suh2rade floor to be counted as Floor Area
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 Structure
Area of will
to be usedfor
subgrade
calculation
Foundation and Floor Struetur e
Foundation Footer
Figure 5: Measuring the Area of a Subgrade wall
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 4 of 17
•
When considering multi -level subgrade spaces, adjacent interior spaces shall be
considered on the same story if the vertical separation between the ceilings of the spaces
is less than 50% of the distance between the floor and ceiling of either space.
A
stal
c
Space A and B are on the same level,
while Space A and C are on different levels.
Figure 6: Determining different building levels
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
I
-------------
Figure 7: Pitched roof with subgrade calculation
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 5 of 17
0 0
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.
When it is necessary to determine the floor area of an individual unit within a duplex or
multi -family building, it shall be calculated from the exterior walls to the centerline of
anv party walls it shares with other units.
In order to determine the subgrade area of an individual unit in a duplex or multi -family
building that applies toward Floor Area calculations, the subgrade gross square footage of
an individual unit shall be multiplied by the percentage of exterior walls exposed above
grade for the entire structure.
Example:
a. The subgrade exemption for the structure is 40% (exposed wall divided by total
wall .
b. Unit A has 500 square feet below grade, measured from exterior wall to the
centerline of the party walls it shares with Unit B. Unit B has 900 square feet.
c. 0.40 (entire duplex exposed percentage) x 500 (Unit A subgrade gross
footage) = 200 square feet subgrade floor area that applies toward the total Floor
Area for Unit A. 0.40 (entire duplex exposed percentage) x 900 (Unit B subgrade
gross square footage) = 360 square feet subgrade floor area that applies toward
the Floor Area for Unit B.
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 6 of 17
0 0
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 that are both larger than thirty-two square feet
per primary residence and more than thirty-six inches in height shall be included in their
entirety in the calculation of Floor Area. Properties which do not contain residential units
are not eligible for this Floor Area exemption.
E. Measuring Setbacks.
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 7 of 17
6-.5.Allowed Projections into Setbacks. Setback areas shall be unobstructed above and below
ground except for the following allowed projections:
a) Above or below ground utilities, including transformers and vaults, below -grade
heating or cooling conduit or infrastructure such as a ground -source heat pump
system, below -grade dry wells or other at -grade or below -grade drainage
infrastructure.
b) Trees and vegetation.
c) Artwork, sculpture, seasonal displays.
d) Flagpoles, mailboxes, address markers.
e) Foundation footers, soil nails or below -grade tiebacks, and similar improvements
necessary for the structural integrity of a building or other structures.
f) The minimum projection necessary to accommodate exterior mounted utility
junctions, meters, cable boxes, .vent flues, standpipes, and similar apparatus and
including any protective structure as may be required by the utility provider.
g) Building eaves, bay windows, window sills, and similar architectural projections up
to eighteen (18) inches as measured from the setback boundary.
f)UThe 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)JThe minimum projection necessary to accommodate an exterior -mount fire escape to
an existing building, as may be required by adopted Building or Fire Codes.
j)Uncovered porches, landscape terraces, slabs, patios, walks,, and similar features,
which do not exceed six (6) inches vertically above or below the surrounding finished
rade for the entire feature.
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 8 of 17
k) ILandscape walls, e^�—berms, retaining walls, stehsstairways and similar
structures, which do not exceed thirty (30) inches vertically above or below the lower
of natural grade -or finished grade,
26.410— Residential --Design Stands feff limits en the--leeatien ef oer
Improvements may be up to thirty (30) inches above and below grade simultaneously,
for up to a sixty (60) inch total. Improvements may exceed thirty (30) inches below
grade if determined to be necessary for the structural integrity of the improvement.
(See Figure 16). Berms are prohibited in the front yard setback.
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 shall have the following
requirements:
i. Prohibited between any lot line adjacent to a street and any structure; and
ii. Shall be located at least double the minimum setback for a primary
structure from any lot line adjacent to a street; and
iii. If visible from the street, these features shall be screened in accordance
with Section 26.575.050, Fences; and
+.iv. If located within a setback not adiacent to a street. these features shall not
exceed thirty (30) inches above or below finished grade. These features
may be up to thirty (30) inches above and below finished grade
simultaneously. Improvements may exceed thirty (30) inches below grade
if necessary for the structural integrity of the improvement.
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 9of17
0 •
Street
-----------------------------------------------------------
�x
x
ELM
i
i
i
i
--------- Required Setbacks
Prohibited Area
Figure 16
,n)Heating and air conditioning equipment and similar mechanical equipment shall lta� e
the following requirements:-+&e—pF&hib4ed in
i. Prohibited between any lot line adjacent to a street and any structure, and
ii. Shall be located at least double the minimum setback for a primary
structure from any lot line adjacent to a street; and
iii. if visible from the street, these features shall be screened in accordance
with Section 26.575.050. Fences; and
iv. If located within a setback not adjacent to a street, these features shall not
exceed thirty (30) inches above or below finished grade. These features
may be up to thirty (30) inches above and below finished grade
simultaneously. The Planning and Zoning Commission may con
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 10 of 17
0 0
The Community Development Director may approve exceptions to the requirements
of m) and n) above. The Community Development Director must first determine that
the visual impact of the exemption is minimal and that no other reasonable option
exists. Approval shall be in the form of a recordable administrative determination.
fa)oLThe height and placement of energy efficiency or renewable energy production
systems and equipment which are located adjacent to or independent of a building
shall be established by the Planning and Zoning Commission pursuant to the
procedures and criteria of Chapter 26.430 — Special Review. These systems are
discouraged between any lot line adjacent to a street and any structure.a-+&-�
facing a StFee• For energy production systems and equipment located on top of a
structure, see sub -section FA.
ff)pJ_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
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 11 of 17
0 •
facades of a parcel. (Also see Section 26.575.050 — Supplementary Regulations for
limitations on fence materials.)
e)gLDriveways not exceeding twenty-four (24) inches above or below natuFal finished
grade within any setback of a yard facing a Street. Within all other required setbacks,
finished grade of a driveway shall not exceed thirty (30) inches above or below
natural finished Rrade.
p)EIParking 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.
q)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.
f)tZWildlife-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.
2. 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.
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 12 of 17
• 0
On structures other than a single-family or duplex residential building or an accessory
building, all Chimneys, flues, vents, and similar venting apparatus should be set back
from any Street facing 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 ten (10) feet above the specified
maximum height limit if set back from any Street facing facade of the building a
minimum of twenty (20) feet and the footprint of the elevators or stair enclosures are
minimized and combined to the greatest extent practicable.
For single-family and duplex residential buildings and for accessory buildings,
elevator and stair enclosures are not allowed a height exception.
d) Rooftop Railings. On any structure other than a single-family or duplex residential
building, rooftop railings and similar safety devices permitting rooftop access may
extend up to five (5) feet above the height of the building at the point the railing
connects. To qualify for this exception, the railing must be the minimum reasonably
necessary to provide adequate safety and building code compliance and the railing
must be 50% or more transparent. All railings shall be set back from any Street facing
facade of the building by an amount equal to the height of the railing.
For single-family and duplex residential buildings, rooftop railings shall not be
allowed a height exception.
e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and
similar mechanical equipment or utility apparatus located on top of a building may
extend up to six (6) feet above height of the building at the point the equipment is
attached. This allowance is inclusive of any pad the equipment is placed on, as well
as any screening. Mechanical equipment shall be screened, combined, and co -located
to the greatest extent practicable. On structures other than a single-family or duplex
residential building or an accessory building, all mechanical equipment shall be set
back from any Street facing facade of the building a minimum of fifteen (15) feet.
fi 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
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 13 of 17
0 •
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.)
g) Church spires, bell towers and like architectural projections on Arts, Cultural and
Civic buildings may extend over the height limit as may be approved pursuant to
Commercial Design Review.
h) Flag poles may extend over the specified maximum height limit.
i) Exceptions for buildings on slopes. For properties with a slope that declines by 10%
or greater from the front lot line, the maximum height of a building's front (street -
facing) facade may extend horizontally for the first ten (310) 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 fagade(s) closest to any
Street(s), and enclosed on all sides to within eighteen (18) inches of the first floor
level (e.g. not a walk -out style light well) shall not be counted towards maximum
permissible height. On non -street facing facades a lightwell that is no more than one
hundred (100) square feet shall not be counted towards maximum permissible height.
This exception does not apply to lightwells and stairwells that are located within a
setback.
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
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.
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 14 of 17
• 0
Permanent rooftop amenities may extend up to five (5) feet above height of the
building at the point the equipment is attached to the roof. This allowance is
inclusive of any pad the equipment is placed on. A trellis with a maximum height of
ten (10) feet and a maximum floor area of no more than 5% of the useable deck area
is permitted. All permanent rooftop amenities shall be set back from any Street
facing fagade of the building by a minimum of ten (10) feet.
l) 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. Measurement of Net Leasable Area and Net Livable Area. The calculation of net leasable
area and net livable area shall include all interior space of a building measured from interior wall
to interior wall, including interior partitions. Net leasable area and net livable area shall be
attributed to the lot or parcel upon which it is developed. Net leasable area includes all interior
areas which can be leased to an individual tenant with the exceptions noted below. Net livable
area includes those areas of a building that are used or intended to be used for habitation with the
exceptions noted below. Garages and carports are exempt from net leasable area and net livable
area calculations.
1. Permanently installed interior airlock spaces are exempt from the calculation of net
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more
than 10 square feet, installed on the exterior of a building, shall be considered net
leasable area and shall be subject to all requirements of the Land Use Code, including
employee mitigation, prorated according to the portion of the year in which it is installed.
2. Unless specifically exempted through other provisions of this Title, outdoor displays,
outdoor vending, and similar commercial activities located outside (not within a building)
shall also be included in the calculation of net leasable area. The calculation of such area
shall be the maximum footprint of the display or vending apparatus. For vending carts or
similar commercial activities requiring an attendant, the calculation shall also include a
reasonable amount of space for the attendant. Exterior decks and exterior seating are not
included in the calculation of net leasable area. Vending machines, gas pumps. and
similar devices without an attendant shall not be considered net leasable area.
The calculation of net leasable area and net livable area shall exclude areas of a building that are
integral to the basic physical function of the building. All other areas are attributed to the
measurement of net leasable commercial space or net livable area. When calculating interior
stairways or elevators, the top most interior level served by the stairway or elevator is exempt
from net livable or net leasable area calculations.
Shared areas that count toward net leasable area and net livable area shall be allocated on a
proportionate basis of the use category using the percentages that are generated pursuant to
Section 26.5 75.02O.D. 14 Allocation of non -unit space in a mixed use building.
Examples:
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 15 of 17
0 •
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.
26.575.050 Fences Meter-inls
Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet
above na4uFalfinished grade or as otherwise regulated by theRP-Sid eaRti ' nos:bH Standards (see
, Historic Preservation Design Guidelines (see Chapter 26.415), the Commercial
Design Standards (see Chapter 26.412), Calculations and Measurements — setbacks (see Chapter
26.575.020.5), or the Engineering Design Standards (see landscaping). Fences •A4eF eff+he
publie 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.
26.575.110 Building envelopes
Development For the purposes of this Chapter, an approved building envelope shall
have the same requirements and allowances as the underlying zoning setbacks, unless otherwise
noted in a site -specific development plan.
For purposes of site -specific development plans, building envelopes may be established to
restrict development to protect slopes, important vegetation, water courses, privacy or other
considerations. Building envelopes required or designated as part of a development approval
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 16 of 17
shall be described on recorded plats, site -specific development plans. ordinances, resolutions and
building permit site plans. Building envelepes required or- desipated as pa,4- of -A d_t_Q4A_aIE)pffieHt
appFaval shall be depieted an the applieable plat, site plan, site speeifie deve!Opffieflt plafl, ffiap
et buet+w+
26.575.160 Dormitory
Occupancy of a dormitory unit shall be limited to no more than eight (8) persons. Each unit shall
provide a minimum square €ee#footage per person re&;
ifieluding sleeping, bathF8effl, eeeking and lounge used in accordance with the
Aspen/Pitkin County Housing Authority Guidelines, as amended. Standards for use and design
of such facilities shall be established by the Gity's housing des igneeAspen/Pitkin County
Housing Authority. A dormitory unit shall be considered the same as a multi -family unit for all
requirements of the Land Use Code other than permitted and conditional uses.
Exhibit C
Miscellaneous - Redline Version
Miscellaneous Code Amendment
Page 17 of 17
LJ
• EXHIBIT D
Regular Meeting Minutes Planning & Zoning Commission October 6, 2015
Mr. McNellis asked about the slope in the back yard. Mr. Johns stated it is near vertical and added the
topography bows out in the front of the structure so there may be concerns regarding the house above
if they excavated the slope.
Mr. McNellis asked Staff is this was the only area zoned as R-1513. Ms. Nadolny stated she is not aware of
the exact boundary but the zone district is focused in this area and consists of two subdivisions.
Mr. Mesirow asked the commissioners if they feel the shallowness of the lot is sufficient to meet the
criteria. Ms. Tygre asked if in fact the lot is shallower than the other lots on the displayed map to which
no one could answer. Mr. Mesirow felt based on the available map, the lot is shallower.
Ms. Tygre asked if someone wanted to make a motion. Mr. Mesirow stated he wanted to hear from
other commissioners. Mr. McKnight stated based on the discussion to this point, he feels comfortable
finding the criteria to be met.
Mr. Elliott stated he could also find the criteria to be met, but he does not feel the hardship stated by
the applicant is valid because they should have known and understood the layout of the home before
purchasing it. He understands digging into the slope could unveil issues unknown at this time and could
bring hardship. He also feels the setback is visually met. He could support the application, but stated he
had to wander to get there.
Mr. McNellis agrees with Mr. Elliott in regards to meeting the criteria. He feels requiring them to move
the garage would potentially place hardship on the owner as well as the community. He feels the
existing garage meets the purpose of the code as well as the characteristics of the neighborhood. He is
frustrated with the code but feels he could find a way to approve it.
Mr. Elliott motioned to approve Resolution number 19, Series 2015 as presented in the agenda packet
on p 14. Mr. Mesirow seconded the motion. Ms. Tygre asked for a roll call: Mr. McKnight, yes; Mr.
Mesirow, yes; Mr. Elliott, yes; Mr. McNellis, yes; Ms. Tygre, no. The motion passed with a four to one (4-
1) vote.
Ms. Tygre closed the public hearing.
Ms. Tygre then turned the floor over to Mr. Bendon for discussion regarding miscellaneous code
amendments.
Mr. Bendon stated miscellaneous code amendments are generally housekeeping updates to the code to
include a missed citation or update to provide more clarity. Sometimes updates are the result of a
formal interpretations of the code.
Dwelling Units: This basically will not allow internal connections to other units or other uses to ensure a
dwelling unit is a standalone item.
Measurements from Grade: When the height of building is measured, it is measured from the finished
grade. The department is starting to see a planted area or planter box pushed up against the building to
be used as the measurable grade. The update attempts to eliminate the attempts to utilize planter
boxes as the finished grade.
Internal Skylights: Update to clarify the skylights do not count when measuring subgrade portions of the
structure.
Net Leasable and Net Livable Area: There have been a couple of recent examples where a commercial
building spans a property line. To date, Staff has assumed the structures or portions of a structure on a
[.9
Regular Meeting Minutes Planning & toning Commission October 6, 2015
property belong to the property owner even if the majority of a structure is on a neighboring property.
The update clarifies if the structure crosses a property line, the floor area is associated only with the
property where it resides.
Building Envelopes: The surveying community has had a tendency to describe setbacks as a building
envelope. The department catches this now, but there are older surveys from the 1980's and 1990's as
well as property annexed into the City which incorrectly describe setback as the building envelope on
plats. If there is no actual requirement for a building envelope, the department will treat those as
setbacks. There are several subdivisions where they did intend to treat it as a building envelope. The
code amendment allows Staff to make the differentiation. Mr. McNellis asked if the differentiation
allows for pristine conditions to identify setbacks appropriately and Mr. Bendon agreed.
Development in Setbacks: There have been more and more issues with items being placed in setbacks.
The most recent occurrences have been hot tubs in the setbacks. Houses tend to take up all the lot
except the front yard. This includes the packaged portable hot tubs. The updates would clarify these
items cannot be located in yards facing a street. They can exist in yards visible by the street if they are
properly screened by a fence or landscaping. He pointed to a diagram provided (p 33) in the packet and
noted it becomes an issue particularly on corner lots because more of the property is visible. He clarified
forward of the front fa4ade, fences are limited to 42 inches in height. In back of the fa4ade, they may be
six ft in height. He also noted the list of items includes air conditioning units, utility pedestals, grills, built
in furniture, and waterfalls. Mr. McNellis asked if the prohibited area was double the setback as
depicted on the diagram. Mr. Bendon was not certain how the department determined the prohibited
area and it may be double the setback.
The commissioners stated they felt all the proposed changes looked good.
Ms. Tygre asked Mr. Bendon to confirm the updates relating to skylights would not change any of the
calculations such as FAR or sf at which he confirmed she was correct. He added they are technically the
roof of the basement level. She stated she has seen a lot of skylights over rooms that are not really
supposed to be bedrooms because they don't have access, but there are beds in them.
Mr. Mesirow asked for the size requirements of an egress for a subgrade bedrooms. Mr. Bendon
thought it was 30 in X 30 in or 36 in X 36 in.
Mr. Bendon stated he would summarize that he reviewed the proposed amendments with P&Z and they
were fine with them.
Ms. Tygre then adjourned the meeting.
Cindy Klob
City Clerk's Office, Records Manager
MEMORANDUM
TO: Mayor and Aspen City Council
FROM: Justin Barker, Planner
THRU: Chris Bendon, Community Development Director
Jessica Garrow, Long Range Planner
RE: Policy Resolution: Definitions & Miscellaneous Supplemental Regulations,
Code Amendments
Resolution 111, Series of 2015
MEETING DATE: October 26, 2015 (continued from October 12, 2015)
SUMMARY:
The attached Resolution outlines Council policy direction for amendments to the Definitions and
Miscellaneous Supplemental Regulations of the City. The objective of the code amendment is to
clean up incorrect text references, update and clarify definitions, measurements from grade and
floor area exemptions, allowances in setbacks, and simplify building envelope language. This
update intends to provide predictability in zoning review by clarifying existing regulations and in
some cases adding more specific language. The update is not intended to change overall policy.
If the Policy Resolution is approved, staff will bring an Ordinance to City Council that amends
the Definitions and Miscellaneous Supplemental Regulations.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed resolution.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the Definitions and Miscellaneous Supplemental
Regulations of the City. Pursuant to Land Use Code Section 26.310, City Council is the final
review authority for all code amendments.
All code amendments are subject to a three -step process. This is the second step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should be pursued
3. Public Hearings on Ordinance outlining specific code amendments.
BACKGROUND & OVERVIEW:
The City's Calculations and Measurements section of the Land Use Code is very technical and
very specific. It explains what does and does not count toward floor area, how to count internal
spaces, how to measure height, what is allowed in setbacks, etc. Every few years this section of
Miscellaneous Regulations
Policy Resolution
10.26.15
Page 1 of 4
the Code needs updating to remain relevant to current building practice, to create more
predictability in zoning review, and to ensure that the purpose of the requirement is met.
City Planning Staff maintain a "redline" version of the Land Use Code, largely for the
calculations and measurements section, which highlight areas that need to be updated, clarified
or rewritten. These highlights are largely informed by complex projects that expose existing
loopholes or confusing language. The "redline" changes and recent Code interpretations are
incorporated into the proposed Code amendment.
There are very few policy changes proposed. Most of the changes are clarifications and slight
adjustments. The proposed changes include: clarifying dwelling types, cleaning up
measurements from grade, clarifying allowed projections into setbacks, and simplifying building
envelope requirements.
Dwelling Units: No substantive changes are proposed to the definition of dwelling units.
However, staff is proposing to clean up and clarify the definitions. The current definition of
dwelling unit states it is a structure or unit that in intended for living with a kitchen. This is a
fairly broad definition. The proposed changes provide more detail, including stating that a
dwelling unit has no internal connection to another residential or commercial use.
The code amendment also amends the size requirements related to dorm units. The current
language in the Land Use Code conflicts with the language in the APCHA Guidelines. Because
housing policy should be established by the Housing Board, staff proposes to refer all dorm size
requirements to the APCHA Guidelines.
The current code does not state how requirements such as Residential Design standards and
parking apply to dormitory units. The code amendment classifies dorms as multi -family
dwelling units for such calculations, which is consistent with how they have been treated in the
past.
Measurements from Grade: Staff is proposing to clarify measurements from grade. This
includes adding new language around the measurement of finished grade, stating that for finished
grade to be used it must be continuous for at least five feet. This is proposed to address a recent
trend of "planter boxes" being pushed up against a building and artificially raising the height of a
building. This change codifies existing City policy.
Internal Skylights: Recently the Community Development Department has seen a number of
homes add internal skylights to a subgrade portion of the structure. The code does not currently
address this issue, but staff has determined that these skylights are not counted in the basement
subgrade calculation. Staff proposed adding language that codifies the current calculation
methodology.
Net Leasable and Net Livable Area: There are a few buildings in town that span two or more
property lines. When a property owner attempts to calculate their net leasable or net livable
space, they often ask Planning staff how to complete that calculation. The code is clear that floor
Miscellaneous Regulations
Policy Resolution
10.26.15
Page 2 of 4
area is counted on the parcel in which it is developed. Staff has used this language to state that
net livable or net leasable is counted on the parcel in which it is developed. Staff proposed to
codify this policy.
Building Envelopes: There are a number of Planned Developments that rely on Building
Envelopes. These have site specific requirements that for the most part require areas outside of
the envelope to remain in a pristine, untouched condition. Other properties have building
envelopes because of when they were annexed into the city or because of a Stream Margin
Review. These building envelopes function more as setbacks than to preserve untouched
landscape. Staff proposed to amend the Building Envelope requirements to reflect this current
condition. All building envelopes would be treated like setbacks, unless otherwise specified in a
Site -Specific Development Plan.
Development in Setbacks: The code currently allows a number of projections in required
setbacks. This includes fences, landscaping, renewable energy systems, and stormwater
improvements. Hot tubs, pools, water features, and permanently affixed outdoor grills and
similar features are allowed within a setback that does not face a street if it is no more than 30
inches above or below grade. Staff is proposing clarifications on the rules related to hot tubs and
similar features to address unique site conditions, as there seems to be confusion about how this
regulation is applied. Development of such elements would be expressly prohibited between a
structure and a public street. This is consistent with the code today. The proposed change would
allow these items in side yards visible from the street if the element is screened by a fence or
landscaping.
Elevator heights: Current regulations allow for elevator enclosures to extend 5 feet (or 10 feet if
set back 20 feet from street facing facades) above the specified maximum height. Most
commercial and lodging buildings include elevator access to rooftops, particularly if there is
usable space such as public amenity. Community Development has heard from several local
architects that meeting the height requirement is difficult when many of today's standard
elevator enclosures can often be over 10 feet tall. The result is typically either an elevator
entrance/exit platform located a half floor lower than the rooftop level and a system of ramps to
access the rooftop, or a highly expensive or impractical custom elevator design. Staff is
requesting direction from Council if a taller height exception for elevator enclosures should
be explored.
PUBLIC OUTREACH:
Staff sent out a description of the changes and a link to the proposed language in the Community
Development newsletter that reaches almost 600 professionals including contractors, architects,
attorneys, and planners. Staff also sent the proposed changes directly to some of the local
architecture firms to solicit feedback.
Staff met with P&Z on October 6`h to gain their input and feedback on the proposed code
amendments. P&Z mostly asked for clarifications and was comfortable with the proposed
changes. The meeting minutes are also attached as Exhibit B.
Miscellaneous Regulations
Policy Resolution
10.26.15
Page 3 of 4
0
•
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Resolution No. 111, Series of 2015, approving a Policy Resolution regarding
Definitions and Miscellaneous Supplemental Regulations code amendments."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A — Staff Findings
Exhibit B — 10/6/15 P&Z minutes
Miscellaneous Regulations
Policy Resolution
10.26.15
Page 4 of 4
RESOLUTION NO. 1119
(SERIES OF 2015)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING
AMENDMENTS TO DEFINITIONS AND MISCELLANEOUS SUPPLEMENTAL
REGULATIONS OF THE LAND USE CODE.
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to explore amendments to the City's
Definitions and Miscellaneous Supplemental Regulations; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach to local architects, contractors, and planners; and,
WHEREAS, the Community Development Director recommended changes to the
definitions and miscellaneous supplemental regulations in the Land Use Code; and,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction, and finds it meets the criteria outlined in Section 26.310.040; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on October 12, 2015, and continued to October 26, 2015, the City Council
approved Resolution No. 111, Series of 2015, by a five to zero (5 — 0) vote, requesting code
amendments to the Definitions and Miscellaneous Supplemental Regulations in the Land
Use Code; and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Code Amendment Objective and Direction
Council directs the Community Development Department to return with code amendments
to update the Definitions and Miscellaneous Supplemental Regulations in the Land Use
Code. The code amendments are intended to update and clarify the Definitions and
Miscellaneous Supplemental Regulations in the Land Use Code, including but not limited
to: cleaning up text references, clarifying dwelling types, cleaning up measurements from
grade, clarifying allowed projections in setbacks, and simplifying building envelope
requirements.
Resolution No. 111, Series 2015
Page 1 of 2
0 •
Section 2•
Council directs the Community Development Department to investigate potential code
amendments regarding elevator & stair enclosure height allowances to account for current
elevator technology.
Section 3•
This Resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior resolutions or ordinances.
Section 4•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
FINALLY, adopted this 20b day of October 2015.
Steven Skadron, Mayor
ATTEST:
Linda Manning, City Clerk
APPROVED AS TO FORM:
James R True, Cite Attorney
Resolution No. 111, Series 2015
Page 2 of 2
0
Exhibit A: Staff Findings
26.310.040. Amendments to the Land Use Code standards of review — Initiation
In reviewing a request to pursue an amendment to the text of this Title, per Section
26.310.020(B)(2), Step Two — Public Hearing before City Council, the City Council shall
consider:
A. Whether there exists a community interest to pursue the amendment.
Staff Findings:
Staff believes there is a community interest in updating the code to clarify the calculations and
measurements section of the Land Use Code. The proposed update intents to create more
certainty and reliability on how floor area and other aspects of zoning are calculated. Staff finds
this criterion to be met.
B. Whether the objectives of the proposed amendment furthers an adopted policy,
community goal, or objective of the City including, but not limited to, those stated in
the Aspen Area Community Plan.
Staff Findings:
The 2012 Aspen Area Community Plan includes a policy to "create certainty in zoning and the
land use process." Updating the calculations and measurements section of the Code is in
concert with this policy by clarifying certain zoning regulations. Staff finds this criterion to be
met.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony v� ith the public interest and the
purpose and intent of this Title.
Staff Findings:
The intent of the proposed amendment is to ensure a predictable and clear zoning review. Staff
finds this criterion to be met.
Misc. Supplemental Regulations Policy Direction
Exhibit A
10/12/2015
Page 1 of 1
0 0
Regular Meeting Minutes Planning & Zoning Commission October 6, 2015
Ms. Tygre then turned the floor over to Mr. Bendon for discussion regarding miscellaneous code
amendments.
Mr. Bendon stated miscellaneous code amendments are generally housekeeping updates to the code to
include a missed citation or update to provide more clarity. Sometimes updates are the result of a
formal interpretations of the code.
Dwelling Units: This basically will not allow internal connections to other units or other uses to ensure a
dwelling unit is a standalone item.
Measurements from Grade: When the height of building is measured, it is measured from the finished
grade. The department is starting to see a planted area or planter box pushed up against the building to
be used as the measurable grade. The update attempts to eliminate the attempts to utilize planter
boxes as the finished grade.
Internal Skylights: Update to clarify the skylights do not count when measuring subgrade portions of the
structure.
Net Leasable and Net Livable Area: There have been a couple of recent examples where a commercial
building spans a property line. To date, Staff has assumed the structures or portions of a structure on a
property belong to the property owner even if the majority of a structure is on a neighboring property.
The update clarifies if the structure crosses a property line, the floor area is associated only with the
property where it resides.
Building Envelopes: The surveying community has had a tendency to describe setbacks as a building
envelope. The department catches this now, but there are older surveys from the 1980's and 1990's as
well as property annexed into the City which incorrectly describe setback as the building envelope on
plats. If there is no actual requirement for a building envelope, the department will treat those as
setbacks. There are several subdivisions where they did intend to treat it as a building envelope. The
code amendment allows Staff to make the differentiation. Mr. McNellis asked if the differentiation
allows for pristine conditions to identify setbacks appropriately and Mr. Bendon agreed.
Development in Setbacks: There have been more and more issues with items being placed in setbacks.
The most recent occurrences have been hot tubs in the setbacks. Houses tend to take up all the lot
except the front yard. This includes the packaged portable hot tubs. The updates would clarify these
items cannot be located in yards facing a street. They can exist in yards visible by the street if they are
properly screened by a fence or landscaping. He pointed to a diagram provided (p 33) in the packet and
noted it becomes an issue particularly on corner lots because more of the property is visible. He clarified
forward of the front fagade, fences are limited to 42 inches in height. In back of the facade, they may be
six ft in height. He also noted the list of items includes air conditioning units, utility pedestals, grills, built
in furniture, and waterfalls. Mr. McNellis asked if the prohibited area was double the setback as
depicted on the diagram. Mr. Bendon was not certain how the department determined the prohibited
area and it may be double the setback.
The commissioners stated they felt all the proposed changes looked good.
Ms. Tygre asked Mr. Bendon to confirm the updates relating to skylights would not change any of the
calculations such as FAR or sf at which he confirmed she was correct. He added they are technically the
roof of the basement level. She stated she has seen a lot of skylights over rooms that are not really
supposed to be bedrooms because they don't have access, but there are beds in them.
0 •
Regular Meeting Minutes Planning & Zoning Commission October 6, 2015
Mr. Mesirow asked for the size requirements of an egress for a subgrade bedrooms. Mr. Bendon
thought it was 30 in X 30 in or 36 in X 36 in.
Mr. Bendon stated he would summarize that he reviewed the proposed amendments with P&Z and they
were fine with them.
Ms. Tygre then adjourned the meeting.
Cindy Klob
City Clerk's Office, Records Manager
0
•
MEMORANDUM
TO: Mayor and City Council
FROM: Justin Barker, Planner
THRU: Chris Bendon, Community Development Director
Jessica Garrow, Long Range Planner
RE: Policy Resolution: Definitions & Miscellaneous Supplemental Regulations,
Code Amendments
Resolution 111, Series of 2015
MEETING DATE: October 12, 2015
SUMMARY:
The attached Resolution outlines Council policy direction for amendments to the Definitions and
Miscellaneous Supplemental Regulations of the City. The objective of the code amendment is to
update and clarify definitions, measurements from grade and floor area exemptions, allowances in
setbacks, and simplifying building envelope language. This update intends to provide predictability
in zoning review by clarifying existing regulations and in some cases adding more specific
language. The update is not intended to change our policy.
If the Policy Resolution is approved, staff will bring an Ordinance to City Council that amends
the Definitions and Miscellaneous Supplemental Regulations.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed resolution.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the Definitions and Miscellaneous Supplemental
Regulations of the City. Pursuant to Land Use Code Section 26.310, City Council is the final
review authority for all code amendments.
All code amendments are subject to a three -step process. This is the second step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should be pursued
3. Public Hearings on Ordinance outlining specific code amendments.
BACKGROUND & OVERVIEW:
The City's Miscellaneous Supplemental Regulations mostly consists of Calculations and
Measurements, which is a very technical and very specific section. It explains what does and
does not count toward floor area, how to count internal spaces, how to measure height, what is
allowed in setbacks, etc. Every few years this section of the Code needs updating to remain
Calculations & Measurements Policy Direction
10/12/2015
Page 1 of 2
relevant to current building practice, to create more predictability in zoning review, and to ensure
that the purpose of the requirement is met.
City Planning Staff maintain a "redline" version of the Land Use Code, largely for the
calculations and measurements section, which highlight areas that need to be updated, clarified
or rewritten. These highlights are largely informed by complex projects that expose existing
loopholes or confusing language. The "redline" changes and recent Code interpretations are
incorporated into the proposed Code amendment.
There are very few policy changes proposed. Most of the changes are clarifications and slight
adjustments. The proposed changes to current zoning policy include: modifying where hot tubs,
mechanical equipment, and similar features may be placed on a property, and simplifying
building envelopes to be treated similar to setbacks.
PUBLIC OUTREACH:
Staff sent out a description of the changes and a link to the proposed language in the Community
Development newsletter that reaches almost 600 professionals including contractors, architects,
attorneys, and planners. Staff also sent the proposed changes directly to some of the local
architecture firms to solicit feedback.
Staff will be meeting with P&Z on October 6t" to gain their input and feedback on the proposed
code amendments. A summary of the comments will be provided at the Policy Resolution
hearing with Council.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Policy Resolution.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Resolution No. 111, Series of 2015, approving a Policy Resolution regarding
Definitions and Miscellaneous Supplemental Regulations code amendments."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A — Staff Findings
Calculations & Measurements Policy Direction
10/12/2015
Page 2 of 2
RESOLUTION NO. 111,
(SERIES OF 2015)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING
AMENDMENTS TO DEFINITIONS AND MISCELLANEOUS SUPPLEMENTAL
REGULATIONS OF THE LAND USE CODE.
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to explore amendments to the City's
Definitions and Miscellaneous Supplemental Regulations; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach to local architects, contractors, and planners; and,
WHEREAS, the Community Development Director recommended changes to the
definitions and miscellaneous supplemental regulations in the Land Use Code; and,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction, and finds it meets the criteria outlined in Section 26.310.040; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on October 12, 2015, and continued to October 26, 2015, the City Council
approved Resolution No. 111, Series of 2015, by a five to zero (5 — 0) vote, requesting code
amendments to the Definitions and Miscellaneous Supplemental Regulations in the Land
Use Code; and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Code Amendment Objective and Direction
Council directs the Community Development Department to return with code amendments
to update the Definitions and Miscellaneous Supplemental Regulations in the Land Use
Code. The code amendments are intended to update and clarify the Definitions and
Miscellaneous Supplemental Regulations in the Land Use Code, including but not limited
to: cleaning up text references, clarifying dwelling types, cleaning up measurements from
grade, clarifying allowed projections in setbacks, and simplifying building envelope
requirements.
Resolution No. 111, Series 2015
Page 1 of 2
Section 2•
Council directs the Community Development Department to investigate potential code
amendments regarding elevator & stair enclosure height allowances to account for current
elevator technology.
Section 3•
This Resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior resolutions or ordinances.
Section 4•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
FINALLY, adopted this 26th day of October 2015.
Steven Skadron, Mayor
ATTEST:
Linda Manning, City Clerk
APPROVED AS TO FORM:
James R True, Cite Attorney
Resolution No. 111, Series 2015
Page 2 of 2
Exhibit A: Staff Findings
26.310.040. Amendments to the Land Use Code standards of review — Initiation
In reviewing a request to pursue an amendment to the text of this Title, per Section
26.310.020(B)(2), Step Two — Public Hearing before City Council, the City Council shall
consider:
A. Whether there exists a community interest to pursue the amendment.
Staff Findings:
Staff believes there is a community interest in updating the code to clarify the calculations and
measurements section of the Land Use Code. The proposed update intents to create more
certainty and reliability on how floor area and other aspects of zoning are calculated. Staff finds
this criterion to be met.
B. Whether the objectives of the proposed amendment furthers an adopted policy,
community goal, or objective of the City including, but not limited to, those stated in
the Aspen Area Community Plan.
Staff Findings:
The 2012 Aspen Area Community Plan includes a policy to "create certainty in zoning and the
land use process." Updating the calculations and measurements section of the Code is in
concert with this policy by clarifying certain zoning regulations. Staff finds this criterion to be
met.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony with the public interest and the
purpose and intent of this Title.
Staff Findings:
The intent of the proposed amendment is to ensure a predictable and clear zoning review. Staff
finds this criterion to be met.
Misc. Supplemental Regulations Policy Direction
Exhibit A
10/12/2015
Page 1 of 1
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
DRESS OF PRO
LW>
SCHEDULED PUBLIC HEARING DATE:
goi& 1 Z , 20_5
o,
STATE OF COLORADO )
ss.
County of Pitkin )
Aspen, CO
z�-2
1,-h ' (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto. .
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
on the _ day of , 20to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
--c g, notice was hand delivered or mailed by first class postage
�IU►�"IF!" � �.0 . to all owners of property within three hundred 300 feet of the
st�a�rc,��get Ito the development application. The names and addresses of
-properEy ewers hall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
PUBLIC NOTICE
RE:AMENDMENT TO THE CITY OF ASPEN
LAND USE CODE
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday, October 12, 2015. at a
meeting to begin at 5 00 p m. before the Aspen
City Council, Council Chambers, City Hall, 130 S.
Galena St., Aspen, to determine if an amendment
to the text of the Land Use Code should be pur-
sued. The potential amendment would update
Chapter 26.104.100, Definitions, and the Calcula-
tions and Measurements section of Chapter
26.575, Miscellaneous Supplemental Regulations.
For further infomrabDn, contact Justin Barker at the
City of Aspen Communityy Development Depart-
ment, 130 S. Galena St.. Aspen, CO. (970)
429-2797, justin.barker®cdyofaspen.com
s/ Steven Skedron. Ilsvor
Aspen City Council
Published in the Aspen Times on September 24,
2015(11549785)
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PRO
Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
N oc� % 2 @ 5---men 1 20_tS7
STATE OF COLORADO )
ss.
County of Pitkin )
1, (name, please print)
being or repr seating an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
v Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
on the _ day of , 20 , to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
6.304.; Ex2) of the Aspen 1and Use Code. At least fifteen (15) days prior to
the public hearing; notice was` Wand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
0
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that
create more than one lot, new Planned Unit Developments, and. new Specially
Planned Areas, are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
Signa e
The foregoing "Affidavit of Notice" was acknowled ed before me this ZIE day
20L5, byCv��,
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
N o' Public
rKAREN REED PATTERSONNOTARY PUBLIC
STATE OF COLORADO
OTARY ID #19964002767
ATTACEMENTS AS APPLICABLEmmission Expires February 15, 2ots
L COPY OF THEPUBLICA TION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGA9
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.RS. §24-65.5-103.3
0�
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PRO
Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
6---coi r'l , 20_t�
STATE OF COLORADO )
ss.
County of Pitkin )
I,� t (name, please print)
being or repr senting an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
v Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
on the _ day of , 20 , to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(Ex2) of the AspT -Land Use Code. At least fifteen (15) days prior to
the public hearing; notice was` ]land delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing.. A
copy of the 6wners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted- prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
PUBLIC NOTICE
RE:AMENDMENTTO THE CITY
USE CODE OF ASPEN
NOTICE IS HEREBY GIVEN that a public
will be held on Monday. More the As-
a meeting to beg, Council Chambers. City Hall,
pen City Council, en, to determine d an
130 S. Galena St.. Aspse
amendment to the text of t dent al amendmand Use Coent
should be pursued. The Po
would update Chapter 26.t04.100, Definitions.
and the i a12fi 575nMascel aneous Supplieon
me taf
of Chapcf
Regulations. For further intorme^�Community
Justin Barker at the City of Asp
Develn CO, (9 0) 429 2797 justin.barker�crty-
ofas .
ofaspen.com
crdron. Maya
Aspen City council
Published in Me Aspen Times on September 24,
'015 _—
101 Did W tyloi 11111175
TO: Aspen Planning & Zoning Commission
FROM: Justin Barker, Planner
Jessica Garrow, Long Range Planner
THRU: Chris Bendon, Community Development Director
MEETING DATE: October 6, 2015
RE: Miscellaneous Code Amendment
CITMMARV-
The Planning and Zoning Commission is asked to provide feedback on potential code
amendments to the City's Miscellaneous Regulations (Chapter 26.575) related to Calculations
and Measurements.
PROPOSED CODE AMENDMENT:
The City's Calculations and Measurements section of the Land Use Code is very technical and
very specific. It explains what does and does not count toward floor area, how to count internal
spaces, how to measure height, what is allowed in setbacks, etc. Every few years this section of
the Code needs updating to remain relevant to current building practice, to create more
predictability in zoning review, and to ensure that the purpose of the requirement is met.
City Planning Staff maintain a "redline" version of the Land Use Code, largely for the
calculations and measurements section, which highlight areas that need to be updated, clarified
or rewritten. These highlights are largely informed by complex projects that expose existing
loopholes or confusing language. The "redline" changes and recent Code interpretations are
incorporated into the proposed Code amendment.
There are very few policy changes proposed. Most of the changes are clarifications and slight
adjustments. The proposed changes to current zoning policy include: clarifying dwelling types,
cleaning up measurements from grade, clarifying allowed projections into setbacks, and
simplifying building envelope requirements.
Dwelling Units: No substantive changes are proposed to the definition of dwelling units.
However, staff is proposing to clean up and clarify the definitions. The current definition of
dwelling unit states it is a structure or unit that in intended for living with a kitchen. This is a
fairly broad definition. The proposed changes provide more detail, including stating that a
dwelling unit has no internal connection to another residential or commercial use.
The code amendment also amends the size requirements related to dorm units. The current
language in the Land Use Code conflicts with the language in the APCHA Guidelines. Because
housing policy should be established by the Housing Board, staff proposes to refer all dorm size
requirements to the APCHA Guidelines.
P&Z Check -In 10.6.2015
Miscellaneous Regulations
Pagel of 3
0 •
The current code does not state how requirements such as Residential Design standards and
parking apply to dormitory units. The code amendment classifies dorms as multi -family
dwelling units for such calculations, which is consistent with how they have been treated in the
past.
Measurements from Grade: Staff is proposing to clarify measurements from grade. This
includes adding new language around the measurement of finished grade, stating that for finished
grade to be used it must be continuous for at least five feet. This is proposed to address a recent
trend of "planter boxes" being pushed up against a building and artificially raising the height of a
building.
Internal Skyli2hts: Recently the Community Development Department has seen a number of
homes add internal skylights to a subgrade portion of the structure. The code does not currently
address this issue, but staff has determined that these skylights are not counted in the basement
subgrade calculation. Staff proposed adding language that clearly states this current calculation
methodology.
Net Leasable and Net Livable Area: There are a few buildings in town that span two or more
property lines. When a property owner attempts to calculate their net leasable or net livable
space, they often ask Planning staff how to complete that calculation. The code is clear that floor
area is counted on the parcel in which it is developed. Staff has used this language to state that
net livable or net leasable is counted on the parcel in which it is developed. Staff proposed to
codify this policy in the code amendment.
Building Envelopes: There are a number of Planned Developments in Aspen that rely on
Building Envelopes. These have site specific requirements that for the most part require areas
outside of the envelope to remain in a pristine, untouched condition. Other properties have
building envelopes because of when they were annexed into the city or because of a Stream
Margin Review. These building envelopes function more as setbacks than to preserve untouched
landscape. Staff proposed to amend the Building Envelope requirements to reflect this current
condition. All building envelopes would be treated like setbacks, unless otherwise specified in a
site -specific development plan.
Development in Setbacks: The code currently allows a number of projections in required
setbacks. This includes fences, landscaping, renewable energy systems, and stormwater
improvements. Hot tubs, pools, water features, and permanently affixed outdoor grills and
similar features are allowed within a setback that does not face a street if it is no more than 30
inches above or below grade. Staff is proposing clarifications on the rules related to hot tubs and
similar features to address unique site conditions, as there seems to be confusion about how this
regulation is applied. Development of such elements would be expressly prohibited between a
structure and a public street. This is consistent with the code today. The proposed change would
allow these items in side yards visible from the street if the element is screened by a fence or
landscaping. Diagram 1 below illustrates where hot tubs and similar features can be located
under the clarified language. Areas in white are where hot tubs and similar features could be
located.
P&Z Check -In 10.6.2015
Miscellaneous Regulations
Page 2 of 3
0 0
Diagram l
Street
X
--------------- --- ---- --- --
a ,
v ,
,
,
,
,
,
x x
- - - - - - Required Setbacks
Prohibited Area
REQUEST OF P&Z:
The Planning and Zoning Commission is asked to provide feedback on the proposed code
amendment. All comments will be passed on to City Council as part of their review of the code
amendment.
P&Z Check -In 10.6.2015
Miscellaneous Regulations
Page 3 of 3