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TO:
THRU:
FROM:
RE:
DATE:
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MEMORANDUM
Mayor and City Council
Amy Margerum, City Manager
John Worcester, City Attorney
Julie Ann Woods, community~"v 10 ment Dire
Joyce Ohlson, Deputy Directo .
Christopher Bendon, Planner
Land Use Code Amendments - Accessory Dwelling Unit Program
Second Reading of Ordinance No. 44, Series of 1999. - Public Hearing
Growth Management Quota System - Section 26,470
Accessory Dwelling Units - Section 26.520
Calculations and Measurements - Section 26.575.020
Zone Districts - Section 26.710
Accessory Dwelling Unit Definition - Section 26.104.100
Parking Regulations - Section 26.515.030
Special Review - Section 26.430
November 8,1999
SUMMARY:
At the Ditection of City Council, staff has prepared amendments to the Accessory
Dwelling Unit Program to address three primary goals that were developed during
work sessions with City Council, the Planning and Zoning Commission, and the
Housing Board, These goals are:
1, A higher rate of occupancy;
2. a guaranteed quality of units; and,
3, a simpler approval process.
To achieve these goals, staff presented an Ordinance addressing these goals in the
following manner:
1. Required mandatory occupancy deed restrictions for all ADU's used to
exempt a new residence from the requirements of growth management;
2. included a series of design standards for all ADU's with a procedure to amend
the standards with the P&Z; and,
3. an administrative review process for ADU's meeting the design standards.
City Council adopted this Ordinance upon first reading after making amendments in
the approach to the first item, namely the mandatory occupancy. Council was
concerned about encumbering existing lots of records with additional growth
management provisions but did, however, remain interested in providing incentives
for land owners to rent their ADU's, Staff was asked to investigate additional
"voluntary mandatory occupancy" provisions that could provide incentives for this
additional deed restriction.
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The primary incentive the City has used and staff is suggesting be used again is
additional Floor Area. Considering the Planning and Zoning Commission's (and City
Council's) concern over the aesthetics oflarge homes, staff reviewed the pending
Ordinance with the Commission to specifically address the use of Floor Area
incentives. The Commission comments are summarized under "Main Issues" and
staff has incorporated their concerns into the Ordinance. Staff believes the Ordinance
presents a fair system and one that adequately encourages the renting of these
Accessory Dwellings,
Additional concerns were raised during first reading and staff has provided a response
to these issues under the "Main Issues" section.
Staff recommends City Council adopt Ordinance No. 44, Series of 1999.
MAIN ISSUES:
Mandatory Occupancy:
City Council expressed some concerns during first reading about further requirements
being placed on existing lots of record and the replacement of existing homes with
new homes, The Ordinance was amended during the frrst reading to eliminate the
requirement for mandatory occupancy when an ADD is used to gain an exemption
from the City's growth management system,
This Ordinance preserves the existing growth management exemptions for single-
family and duplex development. An ADD would continue to provide an exemption
independent of its occupancy requirement. Although the policy is not intended to
change, staff recommends the language remain in the Ordinance to correct section
references. This language is in Section 2 (page 8) of the proposed Ordinance,
Floor Area Incentives:
City Council requested that staff propose amendments to the Ordinance to re-instate
incentives to encourage mandatory occupancy restrictions on ADD's on a voluntary
basis. The most effective incentive available to the City has been Floor Area. The
former system allowed a developer to count only 50% of the ADD towards Floor
Area if the unit was either restricted to mandatory occupancy or detached from the
main house by 10 feet. Double exemptions are not permitted,
On November 2nd staff reviewed the potential methods of encouraging greater
occupancy through the use of Floor Area incentives with the Planning-and Zoning
Commission. Their unanimous response to additional Floor Area incentive was a
negative one.
There has been ongoing criticism over the mass and scale being accomplished in
residential development and the Community Development Department has been
directed to propose modifications to residential FAR's. That work has been initiated
and will be forth coming during the first quarter of 2000. The Commission agreed that
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those revisions mayor may not incorporate certain incentives for all sorts of preferred
development practices, including occupancy of ADD's.
Concentrating on City Council's desire to provide incentives for mandatory
occupancy, the Commission suggested a new concept in which the applicant could
receive an equivalent amount of cash-in-lieu that would have been paid for an
exemption in return for the additional deed restriction on an ADD. In other words, to
gain an exemption from GMQS a developer would have the option of paying a cash-
in-lieu payment to the Housing Authority or receiving an equivalent amount of
payment from the Housing Authority for building a mandatory occupancy ADD,
In this scenario, all ADD's used for an exemption from GMQS would be required to
be deed restricted to mandatory occupancy, The only difference would be that the
developer would receive a cash payment for the additional restriction to mandatory
occupancy, Staff and the Director of the Housing Authority have concerns over the
administration of a system whereby the Housing Authority is required to outlay
moneys on this Program. This is a relatively new concept to this discussion and one
that has not had the benefit of input by the Housing Authority at the time of this
memorandum, If this idea is one in which Council is interested in pursuing, staff
recommends the Ordinance be tabled until more input from the Housing Authority
may be sought. In the alternative, a system of "purchasing" a mandatory occupancy
restriction from ADD owners could be entirely addressed in the Housing Guidelines.
This type of system would function well with Floor Area incentive offered through
the Land Dse Code,
In light of these concerns and in response to Council's clear directive regarding Floor
Area incentives, staff is proposing a series of options. All of these options preserve a
basic ADD (with no FAR exemptions) as an exemption from GMQS:
1. Eliminate all FAR exemptions for ADD's and postpone all FAR discussions to
the forthcoming FAR review. '. ~
(}If 'the current system and one in which has not garnered much interest. There are 1\"
only a few applicants who have responded to this incentive, ~ V
3, Provide a 50% FAR incentive for mandatory occupancy and 50% FAR incentive
for "detached" units, And, allow the aggregation of the incentives for a 100%
incentive for detached units that are deed 'restricted to mandatory occupancy. This
builds on the current system that does not currently allow this aggregation, This
encourages a preferred development practice of detached structures - a provision
of the Residential Design Standards - in a system that will result in occupied
units.
Staff has asked a few members of the Planning and Zoning Commission to be present
during the public hearing to address any questions the Council may have of their
deliberation.
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Bandit Unit Legalization:
A concern about possible retro-active penalties being enacted upon legalization of a
bandit unit was raised during first reading. The bandit unit clause is specifically
intended to allow land-owners the opportunity to easily legalize their unit with a
check of the unit for compliance with the building code. Staff has included additional
language in the Ordinance elaborating on this point. "No retro-active penalties or
assessments shall be levied against any bandit unit upon legalization." This language
is included on page 6 of the Ordinance,
Net Livable Space Requirement:
Council expressed a concern about the 300 square foot minimum size for an ADD and
compliance with the Building Code, The UBC provision for "efficiency units" ,
requires 220 square feet for the main room and an additional I 00 square feet fo'r each
occupant in excess of two people. The general UBC requirement for a dwelling is a ~
room of no less than 120 square feet with each additional room no smaller than 70 r> ;,. '" tD
square feet. ,,~ lX.-
The 300 square foot provision has been in place for approximately 10 years and staff ~~
does not believe it represents a dilemma with respect to the building code, 300 square
feet, however, is a small space and City Council may wish to establish a higher
minimum. An amendment to this provision relates to the proposed Design Standards,
page 4 of the Ordinance,
Review and Approval Process:
One of the primary elements of the new Program is the simplified review procedure.
Under this proposed Ordinance, ADU's may be approved by the Planning Director if
they meet two simple standards: 1) the design standards have been accomplished;
and, 2) a preliminary deed restriction has been reviewed by the Housing Office and is
recorded prior to a building permit application submittal.
The new process allows for Special Review under two circumstances: 1) An applicant
is seeking a variance from the design standards; or, 2) an appeal of the Director's
determination is sought. These Special Reviews are heard by the Planning and
Zoning Commission unless the ADU is proposed on a historic property, in which the
HPC may consider the Special Review,
Public Hearing:
City Council expressed a concern about a neighbor's ability to contribute to the
approval process for an ADU in their neighborhood, Specifically, Council was
concerned about the removal of the public notification to the neighborhood when an
ADU is proposed. Staff is suggesting the design standards are adequate to address
typical neighborhood impacts but that Council may want to consider a noticing
requirement for variations to the standards,
The current Program requires an intricate review of each ADU because there are no
design standards, Through its ten-year history, the Program has informally adopted a
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set of design standards to address common concerns raised during the public hearings,
The Commission typically requires the same conditions of approval, staff typically
recommends the SalUe conditions of approval, encourages the applicant to proposed
an ADD in an acceptable (to the Commission) manner, Some local architects and
developers even approach staffwith sketch plans that incorporate these de-facto
design standards. The codification of design standards is intended to address
concerns that are typically raised by staff, the Commission, and by neighbors but in a
process that reduces as much as three months of review.
Additional noticing requirements may be appropriate for Special Reviews. This is the
process staff is suggesting for applicants wanting to vary the design standards for
their ADD, Varying requirements for a parking space, setbacks, etc. are typically of
~ ' ~ concern to neighbors. An additional noticing requirement would be similar to the
~\ I ( I . ~ II Resi~enti~ Design ,Standar~s process, which requires a public hearing only if the
~~\lJ \l\}'. ~hcant IS requestmg a waiver.
~~ C1 ~/i~ Staffhas amended,the Special Review language to require public noticing when a
\\\' f" variance of the ADD standards is sought. This language may be found on page 7 of
the Ordinance, "
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Delayed Effective Date:
Staff originally brought the issue of a delayed effective date to Council's attention
when the Ordinance included a provision for mandatory occupancy. Without this
requirement, staffdoes not believe a delay date is necessary as the provisions of the
Ordinance will make the process easier but not necessarily more burdensome to an
applicant, Staff does not recommend the use of a delayed effective date.
Considering the possible FAR incentives to be used and the forthcoming FAR related
discussions, staff does believe there may be a timing issue for Council's
consideration. If Council is not interested in providing further FAR incentives until
. the entire Floor Area provisions are analyzed in detail, then the Program should be
adopted with only the provisions currently acceptable to Council. Additional
incentives can always be provided in the context of later FAR discussions,
Design Standards:
The new ADD Program suggests a set of minimum standards for ADD's. An
applicant will need to demonstrate compliance with these in order to gain an
administrative approval. This is a new provision under the proposed Ordinance and
will result in an expedited review, In the alternative, an applicant may seek a Special
Review from the Planning and Zoning Commission to alter the requirements. The
Commission is comfortable that these standards will result in an acceptable quality of
units, Please refer to page 4 within the proposed Ordinance for the design standards,
The Commission did express some concerns over the design standards in relation to
the removal of the mandatory occupancy provision. The Commission originally
recommended that an ADD could have an interior door as well as the required
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exterior door, In recommending this provision, the Commission was relatively sure.
the ADU would be rented and use of the interior door would be optional.
However, without a mandatory occupancy provision, the interior door represents an
incentive to use the ADU as an additional room for the main house and not
necessarily as a rental apartment. Considering the amended Ordinance, the
Commission is now recommending City Council eliminate this interior door option
unless approved as a Special Review, Staff concurs with the Commission arid has
amended the proposed Ordinance. This change relates to the design standards, page 4
ofthe Ordinance.
A~~~Y
Extension of Program to additional Zone Districts:
The current regulations allow ADU's as a conditional use in all residential zone
districts except for the R-l5 B, AHl-PUD, and Mobile Home Park Zone Districts,
The R-15 B Zone District, Eastwood Subdivision, was annexed into the City with an
agreement that ADU's would not be allowed in the zoning, Staff is not proposing to
amend this circumstance.
The AHl-PUD Zone District does not allow for ADUs, Staff believes extending the
Program to this zone district would benefit the ADU Program and the community's
, desire to create additional affordable housing opportunities. Staff is recommending
this ADU Program be extended to the AHl-PUD Zone District. It should be noted
that ADU's are not considered units of density and will not contribute to the required
70/30 affordable housing "mix" of the AHl-PUD Zone District.
A question regarding the ability to construct an ADU as an accessory unit to a free-
market unit within this zone district was asked during first reading, This code
amendment would allow this practice. More importantly, however, the code
amendment would allow an ADU on any unit within this zone district. It should be
noted that existing affordable housing projects are guided by an adopted PUD and
significant changes such as parking and coverage of additional lands would be
required to go through an amendment process. City Council may want to consider
whether or not the ADU Program should be limited to single-family and duplex
residences in the AH Zone District.
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The Commission contemplated the extension of the Program to the Mobile Home
Park Zone District and concluded the concept had merit for two reasons: l) the
extension could provide additional housing opportunities for local working residents;
and, 2) residents significant remodeling their property may benefit from the rental
income.
'-- Staff believes the concerns over density and parking may be self-regulating in that
Ayf\VV,l. ~I any waiver from the design standards must be reviewed by the P&Z. For example: If
. VI lr.ti/f a land owner wanted to waive a parking space to construct an ADU, the applicant
k\\ ~'r\\JA would have to convince the P&Z that no adverse impacts would come of the
~ ~\-t neighborhood, Moreover, the applicant would need to notify adjacent landowners
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about the waiver request and the Commission could consider the neighbor concerns
first-hand.
Staff has spoken with several residents of the mobile home park. These residents
have expressed to staff a desire to extend the Program to their neighborhood, Staff
recommends the Program be extended to the MHP Zone District.
ApPLICANT:
Community Development Department.
PREVIOUS ACTION:
The Commission and City Council requested these code amendments during the April
6, 1999, joint work session. The Commission recommended approval the Ordinance
presented during first reading by a 6-0 vote on August 24,1999. On October 12,
1999, City Council considered this Ordinance, made modifications, and adopted upon
first reading. -
REVIEW PROCEDURE:
Code Amendment, The Commission shall recommend approval, approval with
conditions, or denial to the City Council during a public hearing. The City Council
shall, by Ordinance, adopt, adopt with conditions, or deny the amendment during a
public hearing.
RECOMMENDED MOTION:
"I move to adopt Ordinance No, 44, Series of 1999."
CITY MANAGER'S COMMENTS:
ATTACHMENTS:
Exhibit A -- Staff Comments
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Exhibit A
ADU Program
STAFF COMMENTS: Text Amendment
Section 26.92.020, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title,
Staff Finding:
The proposed code amendment intends to simplify the process and increase the
performance of Accessory Dwelling Units, Specific provisions encourage units
providing high quality living as an affordable housing alternative,
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan,
Staff Finding:
Staff believes these changes to the ADU Program are supported by the AACP, There are
many references to ADU's and Cottage Infill, as well as interspersed employee housing
to promote a healthy social fabric and a balance between the resort and the community,
The intention of growth management is to ensure growth of exempt free-market housing
is off-set with an equal benefit to the community. Projects, including single-family
residences, are scored on a set of community benefit criteria; the highest scored projects
of each year gain allotments.
The exemption procedure sets a minimum level of community benefit for residential lots
created through GMQS, An ADU has been part of this minimum threshold. However,
the community expected an approximate 80% utilization of these ADUs when the
program was initiated. Actual utilization has been more in the range of25%, with some
units functioning as guest rooms, etc. In a community where preserving a "critical mass"
of local working residents is so important, the community has expressed disappointment
with the current ADU Program which essentially provides exemptions from growth
management for "guest rooms" that are not required to be occupied.
C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use and
neighborhood characteristics,
Staff Finding:
This amendment is proposed for all residential zone districts and also mixed use zones
where a single-family or duplex could be developed except for the R-15B Zone District.
Due to the relative size of these units compared with a primary unit on the site, staff feels
staff comments page 1
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these accessory dwelling units will be compatible with typical land uses, densities, and
neighborhood characteristics,
D. The effect of the proposed amendment on traffic generation and
road safety.
Staff Finding:
The proposed Program encourages a "critical mass" ofresidents Dpvalley and within
walking or transit distance to land uses frequently accessed such as employment,
recreation, shopping, etc. Staff believes more residents in town, either able to walk to
destinations or drive a shorter distance, will lessen traffic generation and further enhance
the pedestrian friendliness of Aspen,
ADD's do represent additional living units and more cars on local streets., However, this
needs to be weighed against substantially longer commuter trips from Downvalley for
commuters and for employees of primary residences. Staff believes there exists a
significant community benefit associated with this proposed Program,
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment.
Staff Finding:
The ADD Program as proposed would allow an applicant to vary dimensional
requirements of the underling zoning with a review by the Planning and Zoning
Commission, This would be unchanged from the current program and each case could be
staff comments page 2
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reviewed for its individual merits, Generally, staff believes this Ordinance will
encourage shorter commuting trips which has obvious environmental benefits.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen,
Staff Finding:
One of the most profound differences between Aspen and other mountain resort towns is
its history as a "real" town. Although there are continual challenges to the original
theme, Aspen is not merely a real estate development accessory to a resort economy, it is
a town,
Characteristic of traditional towns, and important to Aspenites as expressed in the
Community Plan, is a "critical mass" of residents and an interspersed social layering.
The interspersed nature of these units will promote community character,
H. Whether there have been changed conditions affecting the subject
parcel or the surrounding neighborhood which support the
proposed amendment.
Staff Finding:
The original ADU Program expected 80% utilization of these units without occupancy
requirements, Actual utilization has been around 25%, far below expectations, Also, this
proposed ADU program will emphasize units on-site rather than a cash-in-lieu payment; a
policy the Housing Authority has promoted for years.
I. Whether the proposed amendment would be in conflict with the
public interest, and is in harmony with the purpose and intent of this
title,
Staff Finding:
This proposed amendment does not pose any conflicts with the public interest, The
MCP reflects a community desire for integrated affordable housing opportunities within
established neighborhoods. The community has favored infill opportunities over large
scale greenfield solutions to affordable housing,
Staff believes this Ordinance will promote the purpose and intent of this Title. This
Ordinance promotes the permanent community by emphasizing on-site employee housing
opportunities for working residents and reducing the dependence on the automobile by
providing housing near employment and recreation centers, Fewer long distance
commuter trips represents good environmental policy and providing incentives for higj1
quality living units promotes healthy living conditions, In addition, the public benefits by
a reduced timeframe for approval of Accessory Dwelling Units which are proposed to be
reviewed administratively with this Ordinance,
staff comments page 3
1. Underground space should remain "free" - not counted F.A.R. as it does
not affect the "mass" of the house"
2. We agree you should streamline the process - it saves staff & builder
time and money. ,
3. People should be allowed to put the ADU where it "fits" (for design,
\.f!1 access, lot size) above or below grade. (Key Point - a garden level ADU
may encourage rentals).
4. F.A.R. has recently been reduced by allowing a one-car garage in the city
(250 sq. ft.). A second car space, also very valuable for storage - now
comes from the living space,which discourages families from renting the
ADU because they need the living space. '
5. The more people are penalized with F.A.R. reduction, the probability of
renting their ADU lessens.
6. In order to realize viable occupancy for these ADU's a possibility may be
a real F,A.R. bonus -like 1 to 1 ie. build 350 sq. ft. apartment for rent
and add that amount (350 sq. ft.) to your above grade space thereby
creating a "free market choice" for the owner. This should encourage
rental.
7. Highly discourage any "Mandatory" rentallbuild requirements, which
may open everyone up to lawsuits.
8. Reduce Cash in Lieu to make it more attractive for owner/developers to
t.\.. ";~1 ~~ pursue this option, thereby generating more income to build affordable
11'V'/\ housing, $42.00 per square foot is an outrageous number.
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ADU Thoughts
RECEIVED
NOV 0 2 1999
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MEMORANDUM
TO:
Planning and Zoning Commission
THRU:
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director ~
FROM:
Christopher Bendon, Planner
RE:
Accessory Dwelling Unit Program - Public Hearing
Referral to City Council on Occupancy and Incentives
DATE:
November 2, 1999
SUMMARY:
City Council adopted, on first reading, code amendments related to Accessory
Dwelling Units (ADU's). In the first reading, Council made some changes to the
proposed language and requested staff look into further changes. Pending Ordinance
No, 44, Series of 1999, is attached for your reference,
As a provision of the ADD Program recommended by the Commission, the existing
Floor Area incentives related to mandatory occupancy were. removed. The
Commission's recommendation required mandatory occupancy for all ADD's used as
housing mitigation for a Growth Management Exemption.
City Council does not appear to be interested in an ADD Program that is based on all
"sticks" and no "carrots." They remain interested in ways to increase occupancy, but
do not want to tie mandatory occupancy to exemptions from the GMQS, In the
alternative, Council expressed an interest in providing incentives for property owners
,to voluntarily deed restrict their ADD to mandatory occupancy in exchange for a
benefit. The most basic benefit to offer property owners remains Floor Area.
The current system offers \/2 of the ADD's Floor Area for free (to not count towards
the total allowed) in exchange for the mandatory occupancy restriction, This has not
been a successful incentive as ADD's developed below grade are almost completely
exempt from Floor Area calculations,
Considering this turn of events, staffis seeking the Commission's input in returning a
useful recommendation to City Council. Staff has developed a few items for the
Commisison to consider. These are in no particular order and the final suggestion
from the Commission may actually be a combination of these items,
Above Grade:
Require ADD's be developed above grade, or at least 50% above grade, This returns
an earlier suggestion of the Program to improve livability, The theory behind this
would be to improve access to light and natural air ventilation, This also requires that
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at least a portion of the ADD counts towards Floor Area and makes the incentive
more interesting to land owner.
Interior Entrances:
One suggestion may be to eliminate the option of interior entrances, This by itself,
with no other amendments, could encourage greater occupancy, One of the primary
criticisms of the current program is that ADD's are more often used as guest suites or
billiards rooms that actual living quarters.
Eliminating the interior door option would complicate this style of usage and a lan,d
owner may be more likely to house acaretaker or another member ofthe community.
As a design standard, a land owner would have the option of requesting the interior
entrance from the P&Z under the Special Review criteria.
Increase Floor Area Incentive:
Increase the Floor Area exemption to 100% ofthe area of the ADD if deed restricted
to mandatory occupancy, Any ADD (due to required area for window wells,
entrances, etc.) counts in some capacity against allowable Floor Area This doesn't
eliminate the "below-grade incentive," but does provide some incentive to all
potential ADD's,
One significant benefit of this approach may be to encourage owners of existing
ADD's to convert their ADD to mandatory occupancy to achieve some additional
Floor Area. A potential down side may be the additional bulk and mass allowed on
small town site lots - an expressed concern of he Commission and Council. To
address this bulk issue, the Commission may want to suggest a 100% incentive only
be provide at such time as amendments to Floor Area are adopted.
Staff recommends the Commission consider the manner in which occupancy of
ADD's could be improved through the use of incentives and/or amendmentsto
the pending Ordinance.
ATTACHMENTS:
Exhibit A -- Pending Ordinance 44, Series of 1999,
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1994 UNIFORM BUI~DING CODE
310,4-310.7
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EXCEPTION: The window or door may open into an atrium complying with Section 402 provided the
window or door opens onto an exit balcony and the dwelling unit or guest room has an exit which does not
open into the atrium.
Escape or rescue windows shall have a minimum net clear openable area of 5,7 square feet (0.53
m2), The minimum net clear openable height dimension shall be 24 inches (610 mm), The mini-
mum netclearopenable width dimension shall be 20 inches (508 rom). When windows are provided
as a means of escape or rescue, they shall have a finished siU height not more than 44 inches (1118
mm) above the floor,
Escape and rescue windows with a finished siU height below the adjacent ground elevation shall
have a window welL Window wells at escape or rescue windows shall comply with The following:
1. The clear horizontal dimensions shall allow the window TO be fully opened and provide a
minimum accessible net ~ opening of9 square feet (0.84 m2), with a minimum dimension of36
inches (914 mm),
2. Window wells with a vertical depth of more than 44 inches (1118 mm) shall be equipped with
an approved pennanently affixed ladder or stairs that are accessible with the window in the fully
open position. The ladder Or stairs shall n~t encroach into the rerjred dimb~~s of the window
well by more than 6 inches (152 mm). {2}.sa 321. -;' ~Jw. "''f6 I r~'5 -
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Bars, go es, grates or Slml ar eVlces may e msta e on emergency escape or rescue wm OWS,
doors or window wells, provided: '
1. The devices are equipped with approved release mechanisms which are openable from the
inside without the use of a key or special knowledge or effort; and
2. The building is equipped with smoke detectors installed in accordance with Section 310,9.
310.5 Light, Ventilation and Sanitation. Light and ventilation shall be as specified in Chapter
12. The number of plumbing fixtures shall not be less than specified in Section 2902.6.
310.6 Room Dimensions.
310.6.1 Ceiling heights, Habitable space shall have a ceiling height of not less than 7 feet 6 inches
(2286 mm) except as OTherwise pennitted in this section. Kitchens, halls, bathrooms and toilet com-
partments may have a ceiling height of not less than 7 feet (2134 mm) measured to the lowest pro-
jection from the ceiling, Where exposed beam ceiling members are spaced at less than 48 inches
(1219 mm) on center, ceiling height shall be measured to The bottom ofthese members, WheTe ex..
posed beam ceiling members are spaced at 48 inches (1219 mm) or more on center, ceiling height
shall be measured to the bottom of the deck supported by these members, provided that the bottom
of the members is not less Than 7 feet (2134 mm) above the floor.
If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is re-
quired in only one half the area thereof, No portion of the room measuring less than 5 feet (1524
mm) from the finished floor to the finished ceiling shall be included in any computation of the mini'
mum area thereof.
If any room has a furred ceiling, the prescribed ceiling height is required in two thirds the area
thereof, but in no case shall the height of The furred ceiling be less than 7 feet (2134 mm).
310,6.2 Floor area. Dwelling units and congregate residences shall have at least one room which
shall havenotless than 120 square feet (I 1.2 m2) of floor area. Other habitable rooms except kitch-
ens shall have an area of not less than 70 square feet (6.5 m2), Efficiency dwelling units shall comply
with the requirements of Section 310,7,
310.6.3 Width. Habitable rooms otherthan a kitchen shall not be less than 7 feet (2134 mm) in any
') dimension.
310.7 Efficiency Dwelling Units. An efficiency dwelling unit shall confonn to the requiremenTs
of the code except as herein provided:
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310,7-310.9.1,5
1994 UNIFORM BUI~DING CODe
I
1. The unit shall have a living worn of not less than 220 square feet (20A m2) of superficial floor
area. An additional I 00 square feet (9,3 m2) of superficial floor area shall be provided for each occu-
pant of such unit in excess of two.
2, The unit shall be provided with a separate closet.
3, The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities,
each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation
conforming to this code shall be provided.
4, The unit shall be provided with a separate bathroom containing a waTer closet, lavatory and
bathtub or shower.
310.8 Shaft and Exit Enclosures. Exits shall be enclosed as specified in Chapter 10,
Elevator shafts, vent shafts, dumbwaiter shafts, clothes chutes and other vertical openings shall
be enclosed and the enclosure shall be as specified in Section 711.
In nonsprinklered Group R, Division I Occupancies, corridors serving an occupant load of 10 or '\
more shall be separated from corridors and other areas on adjacent floors by not less than approved
fixed wired glass set in steel frames or by 20-minute smoke- and draft ~control assemblies which are
automatic closing by smoke detection.U;'/;.O.,t..f..,; iUp...C;;' f3-( (6 (l'r (ifJ("S ilA..U..~f P2 5,crl" i.J::r.ej',,'~
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310.9 Smoke Detectors and Sprinkler Systems.
310.9.1 Smoke detectors.
310.9.1.1 General. Dwelling units, 'congregate residences and hotel or lodging house guest
rooms that are used for sleeping purposes shall be provided with smoke detectors, Detectors shall be
installed in accordance with the approved manufacturer's instructions.
310.9.1.2 Additions, alterations or repairs to Group R Occupancies. When the valuation of an
addition, alteration or repair to a Group R Occupancy exceeds $1,000 and a permiT is required, or
when one or more sleeping rooms are added or created in existing Group R Occupancies, smoke
detectors shall be insTalled in accordance with Sections 310.9,1.3, 310.9.1.4 and 310,9.1.5 ofthis
section.
EXCEPTION: Repairs to the exterior surfaces of a Group R Occupancy are exempt from the require-
ments of this section.
310.9.1.3 Power source. In new construction. required smoke detectors shall receive their pri-
mary power from the building wiring when such wiring is served from a commercial source and
shall be equipped WiTh a baTtery backup, The detector shall emit a signal when the baTteries are low,
Wiring shall be pennanent and without a disconnecting switch other than those required for over-
current protection. Smoke detectors may be solely battery operated when installed in existing
buildings; or in buildings without commercial power; or in buildings which undergo alterations,
repairs or additions regulated by Section 310,9,1.2,
310.9.1.4 Location within dwelling units. In dwelling units, a detector shall be installed in each
sleeping room and at a point centrally located in the corridor or area giving access to each separate
sleeping area. When the dwelling unit has more than one story and in dwellings with basements, a
detector shall be installed on each story and in the basement, In dwelling units where a story or base-
ment is split into two or more levels, the smoke detector shall be installed on the upper level. except
that when the lower level contains a sleeping area, a detector shall be installed on each level. When
sleeping rooms are on an uppedevel, the detector shall be placed aT the ceiling ofthe uppedevel in
close proximity to the stairway. In dwelling units where the ceiling height of a room open to the
hallway serving the bedrooms exceeds that of the hallway by 24 inches (610 mm) or more, smoke
detectors shall be installed in the hallway and in the adjacent room. DeTectors shall sound an alarm
audible in all sleeping areas of the dwelling uniT in which they are located.
310.9.1.5 Location in efficiency dwelling units, congregate residences and hotels. In efficien-
cy dwelling units, hotel suites and in hotel and congregate residence sleeping rooms, detectors shall
,
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Pending ADU Program
This is a summary ofthe ADD Program City Council will be considering:
GMQS Exemptions. The exemption opportunities for single-family and duplex
residence will remain the same with these changes, The cash-in-lieu will still be
available, The significant change in the new program is the requirement of mandatory
occupancy on ADD's used to obtain an exemption from Growth Management.
Process. ADD's would become a stafflevel review, no longer having to be reviewed by
the Planning and Zoning Commission. This would allow the development of a single-
family residence to proceed to Building Permit within weeks rather than months,
Design Standards. ADD's will have a simple set of minimum design standards,
Requirements such as a kitchen, bath, exterior entrance, etc, would become part of the
code, These design standards could be altered with a review by the Planning and Zoning
Commission.
FAR Bonuses. The prior ADUProgram "rewarded" certain ADD's by counting only
half of the FAR for the unit. The Commission's recommendation for this code
amendment was to eliminate these FAR bonuses.
Existing ADU's. This code amendment only affects new ADD's. No policy changes
would be retroactively enacted upon existing ADD's,
City Council Hearings:
An Ordinance takes t,;o readings to adopt.
. First reading will be on October 12, 1999, at a meeting starting at 5:00 in the City
Council Chambers,
. Second Reading will be November 8,1999, at a meeting starting at 5:00 in the
City Council Chambers.
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TO:
Mayor and City Council
THRU:
Amy Margerum, City Manager
John Worcester,City Attorney Y'
Julie Ann Woods, Community Development Director ','
Joyce Ohlson, Deputy Directo~ . ^
Christopher Bendon, Planner ~WV J
Land Use Code Amendments - :\~fessory Dwelling Unit Program
First Reading of Ordinance No, ':ft., Series of 1999,
Growth Management Quota System - Section 26.470
Accessory Dwelling Units - Section 26,520
Calculations and Measurements - Section 26.575,020
Zone Districts - Section 26.710
Accessory Dwelling Unit Definition - Section 26.104.1 00
Parking Regulations - Section 26,515,030
Special Review - Section 26.430
FROM:
RE:
DATE:
October 12, 1999
SUMMARY:
Staff has held several work sessions concerning revisions to the Accessory Dwelling
Dnit (ADD) Program. During the Apri16, 1999, work session, City Council, the
Planning and Zoning Commission, and a few participating members of the Housing
Board directed staff to return with a revised ADD Program meeting three essential
goals:
1) A more effective program requiring occupancy deed restrictions for growth
management ADD's;
2) A guaranteed'quality of units by use of design standards; and,
3) A simpler approval process,
Staff believes this proposed Ordinance meets these three goals. Please find attached a
proposed Ordinance containing new code language for the Accessory Dwelling Unit
section of the land use code, Staff has highlighted important aspects of the new
program under the heading "Main Issues."
Three important aspects of this Ordinance are: 1) The "mandatory occupancy"
provision for ADDs developed in order to gain an exemption from growth
management; 2) the elimination of Floor Area incentives for mandatory occupancy
and detached ADD's; and, 3) the effective date of the new regulations. In order to
tailor this Ordinance to meet the expectations of Council, staff will request some
direction on these three aspects,
Staff recommends City Council adopt Ordinance No. !/!l., Series of 1999, upon
first reading, establishing the public hearing date as November 8, 1999.
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MAIN ISSUES:
Growth Management Exemptions:
A specific request by elected and appointed officials has been to improve the
occupancy level of ADD's. A concern raised frequently by the Planning and Zoning
Commission and Council has been the low rate of community benefit (occupancy) in
return for an exemption from the Growth Management Quota System. An exemption
from the more stringent requirements of growth management should only be granted
when there exists a significant benefit to the community. This benefit, as stated by
the Commission and City Council, is mandatory occupancy,
This new ADD program amends growth management by requiring an occupancy
restriction on ADD's developed for the purpose of acquiring a single-family or duplex
exemption from competition and scoring of growth management, Please refer to
Section 2 of the proposed Ordinance.
It should be noted that this new mandatory occupancy requirement will be met
with some resistance. With adoption of this Ordinance, the options for obtaining an
exemption from growth management for a single-family residence are: 1) an occupied
ADD; 2) payment of a housing impact fee ($42 per new square foot ofF AR); or, 3)
deed restricting the main residence to Resident Occupied (RO), These three options
have always existed, but the ADD option has not previously included this mandatory
occupancy deed restriction,
Floor Area Incentives for Better Designed Units:
A few earlier versions of a new ADD Program included FAR incentives for ADD's of
greater quality, Examples of elements a developer could provide might be a full bath
rather than a % bath, a larger kitchen, a porch, or a deck. The existing code grants an
FAR bonus for detached, above grade ADD's (the typical alley house style of
development). The "bonus" allows only half the square footage of the ADD to count
towards the allowable Floor Area for the property,
Based on the Planning and Zoning Commission's desire to simplify the Program and
minimize negative effects of mass and scale on Aspen's residential lots, this
Ordinance eliminates all. of these "FAR bonuses," The discussion at the Commission
concluded the "reward" for units of greater quality will be realized by the land
owner's ability to receive a higher rent while the City's main concern, livability, is
guaranteed through the design standards,
~taff remains concerned about the removal of these incentives. A successful program
\ should provide a balance of "carrots" and "sticks," Removing the biggest carrot-
floor area - combined with instituting a rather large stick - mandatory occupancy -
may unbalance this program and eventually threaten the Program's success.
Staff presented this proposed Ordinance to the Board of Realtors who also expressed
concerns about the removal ofthe Program's "carrots," They suggested that, at a
minimum, the previous Floor Area bonus for mandatory occupancy remain in the new
Program.
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Furthermore, providing an increase in the property's development rights as a quid- ~ ~ ~
pro-quo in exchange for the mandatory occupancy restriction would legally --r- av---
strengthen the Program, The City Attorney has expressed a concern about the ..-.-- ~ Ie \
removal of the Floor Area incentive in coordination with the mandatory occupancy ~ '
restriction, Staff will raise this issue during first reading and request direction from
the Council for the desired modifications for second reading,
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Pending Ordinance and Effective Date:
A provision of the land use code establishes a "pending Ordinance" at such time as
the Planning and Zoning Commission recommends an Ordinance be adopted unless
otherwise stated in the P&Z Resolution, A pending Ordinance prevents the Planning
Office from accepting land use applications that are not in compliance with the new
regulations prior to their actual adoption, The Commission's Resolution did not
create a pending Ordinance and land owners may still apply under the previous ADU
regulations.
City Council has an option of selecting an effective date for this Ordinance. Without
any specific action by the Council, this Ordinance will become a "pending
Ordinance" upon first reading and no new applications will be processed under the
prior code, City Council has two remaining options: 1) establishment of an effective
date on the adoption date (second reading); or, 2) establishment of a delayed effective
date after final adoption (perhaps January 1,2000),
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Design Standards:
The new ADU Program suggests a set of minimum standards for ADU's, An /(;
applicant will need to demonstrate compliance with these in order to gain an ad n. 't'
administrative approval. This is a new provision under the proposed Ordinance and
will result in an expedited review. In the alternative, an applicant may seek a Special
Review from the Planning and Zoning Commission to alter the requirements, The
Commission is comfortable that these standards will result in an acceptable quality of
units. Please refer to page 4 within the proposed Ordinance for the design standards,
Review and Approval Process:
One of the primary elements ofthe new Program is the review procedure, Under this
proposed Ordinance, ADU's may be approved by the Planning Director if they meet
two simple standards: 1) the design standards have been accomplished; and, 2) a
preliminary deed restriction has been reviewed by the Housing Office and is recorded
prior to a building permit application submittal. Consistent with the existing
Program, bandit units may be legalized if they are improved to the standards of the
UBC.
The new process also allows for Special Review under two circumstances: 1) An
applicant is seeking a variance from the design standards; or, 2) an appeal of the
Director's determination is sought. These Special Reviews are heard by the Planning
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If, however, the property is historically designated, the applicant has the ability to
consolidate review procedures and seek Special Review approval from the Historic
Preservation Commission, Similar to Design Review Appeal Committee (DRAC)
applications, the applicant cannot "shop for a Board," In other words, if the HPC
denies a Special Review the application is completed,
Extension of Program to additional Zone Districts:
The current regulations allow ADU's as a conditional use in all residential zone
districts except for the R-15 B, AHI-PUD, and Mobile Home Park Zone Districts,
The R-15 B Zone District, Eastwood Subdivision, was annexed into the City with an
agreement that ADU's would not be allowed in the zoning, Staffis not proposing to
amend this circumstance,
The AHI-PUD Zone District does not allow for ADUs. Staff believes extending the
Program to this zone district would benefit the ADU Program and the community's
desire to create additional affordable housing opportunities. Staff is recommen ding 'f
this ADU Program be extended to the AHl-PUD Zone District. It should be noted 9
that ADU's are not considered units of density and will not contribute to the required
70/30 affordable housing "mix" of the AHl-PUD Zone District,
The Mobile Home Park (MHP) Zone District does not allow ADU's, The land use
approvals for the Smuggler Park Subdivision did not contemplate ADU's, as the
ADU Program was not adopted until much later than the establishment of this Zone,
As individual lots within the park are redeveloped with frame construction, there
exists the opportunity to incorporate ADU's into the structures, Also, when the older
pre-fabricated units are removed and replaced with frame construction, the developer
is required to seek an exemption from growth management. Staff believes that
allowing ADU's within the MHP Zone District would further the goals of the ADU
Program and provide additional housing opportunities for local working residents,
Staffis recommending the ADU Program be extended to the MHP Zone District.
The Commission concurred with staffs recommendation. In addition, the
Commission advocated the Program's extension to the Smuggler Mobile Home Park,
as those residents may benefit from the additional rental income,
APPLICANT:
Community Development Department.
PREVIOUS ACTION:
The Commission and City Council requested these code amendments during the April
6, 1999, joint work session. The Commission recommended approval of this
Ordinance by a 6-0 vote on August 24,1999, City Council has not previously
considered this Ordinance,
REVIEW PROCEDURE:
Code Amendment, The Commission shall recommend approval, approval with
conditions, or denial to the City Council during a public hearing, The City Council
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shall, by Ordinance, adopt, adopt with conditions, or deny the amendment during a
public hearing. '
RECOMMENDED MOTION:
"I move to adopt Ordinance NO,lf!f-, Series of 1999, upon first reading,"
CITY MANAGER'S COMMENTS:
ATTACHMENTS:
Exhibit A -- Staff Comments
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MEMORANDUM
TO:
Planning and Zoning Commission
THRU:
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Directon \ L ^ ^(\
Christopher Bendon, Planner \.N~~ ~ J
Code Amendments - Public Hearing (continued from 8.3.99)
Accessory Dwelling Unit Program: ,
Growth Management Quota System - Section 26.470
Accessory Dwelling Units - Section 26.520
Accessory Dwelling Unit Definition - Se,ction 26.104.100
Parking Regulations - Section 26.515.030
Special Review - Section 26.430
'FROM:
RE:
DATE:
August 24, 1999
SUMMARY:
Staff has held several work sessions concerning revisions to the Accessory Dwelling Unit
(ADU) Program, During the April 6, 1999, work session, City Council, the Planning and
Zoning Commission, and a few participating members of the Housing Board directed
staff to return with a revised ADU Program meeting three essential goals:
l) A more effective program requiring occupancy deed restrictions for growth
management ADU' s.
2) A guaranteed quality of units by use of design standards,
3) A simpler approval process.
Please find attached a proposed Resolution containing new code language for the ADU
section of the land use code, Section 1 of this Resolution includes the new ADU
Program, Section 2 includes the mandatory occupancy requirement for growth
management exemption ADU's, Staff has highlighted important aspects of the new
program under the heading "Main Issues,"
Staff recommends the Commission consider the proposed language, take and
consider public testimony, and pass forward a recommendation of approval to the
City Council.
MAIN ISSUES:
Growth Management Exemptions:
A specific request by elected and appointed officials has been to improve the occupancy
level of ADU's. A primary point of concerns raised frequently by the Commission has
been the low rate of community benefit (occupancy) in return for an exemption from the
Growth Management Quota System, As the Commission has stated, an exemption from
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the more stringent requirements of growth management should only be granted when
there exists a significant benefit to the community,
This new ADD program amends the corresponding section of growth management by
requiring an occupancy restriction on ADD's developed for the purpose of acquiring a
single-family or duplex exemption. Please refer to Section 2 of the proposed Resolution,
Design Standards:
The new ADD Program suggests a set of minimum standards for ADD's. An
applicant will need to demonstrate compliance with these in order to gain an approval.
In the alternative, an applicant may seek a Special Review to alter the requirements.
The Commission should be comfortable that these standards will result in an
acceptable quality oJunits. Please refer to 26.520.050 within the proposed Resolution
for the design standards,
Process:
One of the primary elements of the new Program is the review procedure, ADU's
may be approved by the Director if they meet two simple standards: I) the design
standards have been accomplished; and, 2) a preliminary deed restriction has been
reviewed by the Housing Office and will be recorded prior to a building permit
application, Consistent with the existing Program, bandit units may be legalized if
they are improved to the standards of the UBC,
The new process allows for Special Review in two circumstances: 1) An applicant is
seeking a variance from the design standards; or, 2) an appeal ofthe Director's
determination is sought. These Special Reviews are heard by the Planning and Zoning
Commission.
If, however, the property is historically designated, the applicant has the ability to
consolidate review procedures and seek Special Review approval from the Historic
Preservation Commission, Similar to DRAC applications, the applicant cannot "shop for
a Board," In other words, if the HPC denies a Special Review the application is
completed.
Incentives for Better Designed Units:
A few earlier versions ofa new ADD Program included FAR incentives for ADU's of
greater quality, Examples of elements a developer could provide might be a full bath, a
larger kitchen, a porch, or a deck. The existing code grants an FAR bonus for detached,
above grade ADD's (the typical alley house style of development), The "bonus" allows
only half the square footage of the ADD to count towards the allowable for the property.
Based on previous discussions with the Commission, staff has eliminated these
incentives from the proposed language, The Commission should be comfortable with the
elimination of these incentives from the code,
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Extension of Program to other Zone Districts:
The current regulations allow ADU's as a conditional use in all residential zone
districts except for the R-1S B, AHl-PUD, and Mobile Home Park Zone Districts,
The R-lS B Zone District, Eastwood Subdivision, was annexed into the City with an
agreement that ADU would not be allowed in the zoning. Staff is not proposing to
amend this circumstance, until a petition from the neighborhood is advanced.
The AHI-PUD Zone District does not allow for ADUs, Staff believes extending the
'Program to this zone district would benefit the ADU Program and the community's
desire to create additional affordable housing opportunities, Staifis recommending
this ADU Program be extended to the AHI-PUD Zone District.
The Mobile Home Park (MHP) Zone District does not allow ADU' s. The land use
approvals for the Smuggler Park Subdivision did not contemplate ADU's, as the
ADU Program was adopted until much later, As individual lots within the park are
redeveloped with frame construction, there exists the opportunity to incorporate
ADU's into the structures. Also, when the older pre-fabricated units are removed and
replaced with frame construction, the developer is required to seek an exemption from
growth management. Staff believes that allowing ADU's within the MHP Zone
District would further the goals of the ADU Program and provide additional housing
opportunities for local working residents, Staffis recommending the ADU Program
be extended to the MHP Zone District.
APPLICANT:
Community Development Department.
PREVIOUS ACTION:
The Commission requested these code amendments during the April 6, 1999, work
sessions with City Council. The Commission opened the public hearing on this topic on
August 3, 1999, and continued to this date, The Commission has not consider the
amendment or taken public testimony,
REVIEW PROCEDURE:
Code Amendment. The Commission shall recommend approval, approval with
conditions, or denial to the City Council during a public hearing.
RECOMMENDED MOTION:
"I move to adopt Resolution 99-_, recommending City Council adopt the Accessory
Dwelling Unit Program Code Amendments as presented by staff in the Community
Development Department memo dated August 24, 1999."
ATTACHMENTS:
Exhibit A -- Staff Comments
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Exhibit A
STAFF COMMENTS: Text Amendment
Section 26.92.020, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title,
Staff Finding:
The proposed code amendment intends to simplify the process and increase the
performance of Accessory Dwelling Units, Specific provisions encourage units which
provide the affordable housing with high quality units.
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan,
Staff Finding:
Staff believes these changes to the ADU Program are supported by the AACP, There are
many references to ADU's and Cottage Infill, as well as interspersed employee housing
to promote a healthy social fabric and a balance between the resort and the community,
The intention of growth management is to ensure growth of exempt free-market housing
is off-set with an equal benefit to the community. Projects, including single-family
residences, are scored on a set of community benefit criteria; the highest scored projects
of that year gaining allotments,
The exemption procedure sets a minimum level of community benefit for residential lots
created before GMQS, An ADU has been part of this minimum threshold, However, the
community expected an approximate 80% utilization of these ADUs when the program
was initiated. Actual utilization has been more in the range of25%, with some units
functioning as guest rooms, etc, In a community where preserving a "critical mass" of
local working residents is so important, the community has expressed disappointment
with providing exemptions from growth management for guest rooms,
C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use and
neighborhood characteristics,
Staff Finding:
This amendment is proposed for all residential zone districts and also mixed use zones
where a single-family or duplex could be developed except for the R-15B Zone District.
Due the relative size of these units compared with a primary unit on the site, staff feels
staff comments page I
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these accessory dwelling units will be compatible with typical land uses, densities, and
neighborhood characteristics,
D. The effect of the proposed amendment on traffic generation and
road safety,
Staff Finding:
The proposed Program encourages a "critical mass" of residents Dpvalley and within
walking or transit distance to land uses frequently accessed such as employment,
recreation, shopping, etc. Staff believes more residents in town, either able to walk to
destinations or drive a shorter distance, will lessen traffic generation and further enhance
the pedestrian ,friendliness of Aspen.
ADD's do represent additional living units and more cars on local streets, However, this
needs to be weighed against substantially longer commuter trips from Downvalley for
commuters and for employees of primary residences, Staff believes there exists a
significant community benefit associated with this proposed Program,
E. Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether and the extent to
which the proposed amendment would exceed the capacity of such
facilities, including, but not limited to, transportation facilities,
sewage facilities, water supply, parks, drainage, schools, and
emergency medical facilities,
StaffFinding:
The types of uses and densities possible with the existing ADD program has not
presented excessive demands on public facilities. The development permit process does
address some of these concerns through tap fees, park fees, and drainage plans. Other
impact fees are only applied to subdivisions, such as the school impact fee, Additional
employee units of any type will represent additional burdens on the infrastructure, The
community has demanded more affordable housing with the expectation that some of this
development may require additional general services, Generally, additional development
within already developed areas can be served with basic services more readily compared
with greenfield development. Also, preserving and enhancing a healthy social balance
with integrated affordable housing addresses the most important infrastructure - the social
infrastructure and sense of community,
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment.
Staff Finding: '
The ADD Program as proposed would allow an applicant to vary dimensional
requirements of the underling zoning with a review by the Planning and Zoning
Commission, This would be unchanged from the current program and each case could be
staff comments page 2
TO:
THRU:
FROM:
RE:
DATE:
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MEMORANDUM
Mayor and City Council
Aspen Planning and Zoning Commission
AspenIPitkin County Housing Authority Board
Julie Ann Woods, community, evelopment Directo~ ,'-
Christopher Bendon, Planner i V
ADU Program Joint Work Session - 4:15 to 5:30 p.m.
April 6, 1999
SUMMARY:
At their recent retreat, the Mayor and City Council directed staff to again bring
forward amendments to the ADD Program, The purpose of this directive is to
increase the effectiveness ofthe program and to simplify the process for approvaL
Staff has included a third goal oftms program: to create a separate section of the
code specifically addressing ADD's,
The purpose of this work session is to reintroduce the project to decision-makers,
to determine the desired program elements, and to determine if the program
should proceed to public hearings, At the conclusion of this work session, the
Boards should instruct staff to proceed with the public hearing process or schedule
a subsequent work session,
PROGRESS:
Staff presented a series of ADD Program changes to the Housing Board, the
Planning and Zoning Commission, and City Council over a two month period in
1998, The day before the first public hearing before the Planning and Zoning
Commission a court decision was issued for a land use case in Telluride involving
affordable housing and rental restrictions. At the time, the proposed changes
included both mandatory occupancy and rental rate restrictions for ADD's -- as
requested by the City CounciL At the direction of the City Attorney, staff pulled
the proposed amendments from the Commission's public hearing agenda.
In January staff presented a draft ADD Program to the Commission for review,
Staff structured the incentives for better units through FAR incentives, That ADD
Program proposed in January is attached as Exhibit B,
The result of that work session was.that the Commission did not want to provide
additional FAR for "bogus" ADD's, (No more incentives for billiards rooms,
guest suites, etc.) Instead, the Commission suggested the provision of tax rebates
as an incentive to property owners who rent ADD's, This would not "forever
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26.04.090
Where any provision of these regulations imposes a greater or lesser restriction upon the subject matter
than a general provision imposed by the Municipal Code or another provision of these regulations, the provisions
imposing the greater restriction or regulation shall be deemed to be controlling.
B. Computation of time. The time within which an act is to be done shall be computed by excluding
the fIrst and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be
excluded. The end of a day shall be at 5:00 pm.
C. Delegation of authority. Whenever a provision appears requiring the head of a deparnnent or some
other city officer or employee to perform an act or duty, it shall be construed to authorize the head of the
department or other officer to designate, delegate and authorize professional-level subordinates to perform
the required act or duty unless the terms of the provision or section specify otherwise.
D. Gender. Words importing the masculine gender shall be construed to include the feminine and
vice versa.
E. Month. The word "month" shall mean a calendar month.
F. Non-technical and technical words. Words and phrases shall be construed according to the common
and approved usage of the language, but technical words and phrases and such others as may have acquired
a peculiar meaning shall be understood according to such meaning.
G. Number. A word importing the singular number only may extend and be applied to several persons
and things as well as to one person and thing. The use of the plural number shall be deemed to include_any
single person or thing.
H. Shall, may. The word "shall" is mandatory; "may" is permissive.
I. Tense. Words used in the past or present tense include the future as well as the past or present
J. Week. The word "week" shall be construed to mean seven (7) days.
K. Written or in writing. The term "written" or "in writing" shall be construed to include any inscribed
representation of words, letters or figures whether by printing or otherwise,
L. Year. The word "year" shall mean a calendar year.
M. Boundaries. Interpretations regarding boundaries of Zone Districts on the city's official zone district
map shall be made in accordance with the following:
1. Boundaries shown as perpendicular to or following or approximately following any street, alley,
right-of-way, or water course shall be construed as perpendicular to or following the centerline of the street,
alley, right-of-way, or water course.
2. Boundaries shown as following or approximately following any platted lot line or other property
line shall be construed as following such line.
3. Boundaties shown as following or approximately following section lines, half-section lines, or quarter-
section lines shall be construed as following such lines.
4. Boundaries shown as separated from and parallel or approximately parallel to any of the features
listed in the paragraphs above shall be construed to be parallel to such features and at such distance therefrom
as are shown on the map. (Code 1971, ~ 2-101)
26.04.100 Definitions.
.M-1) _ For the purposes of this title, certain words and phrases shall be defined as herein provided.
I ~ Accessory dwelling unit means a separate dwelling unit that is located within or attached to a principal
residence, having a entrance separate from the primary residence, or that is detached from a principal residence
situated on the same parcel, containing not less than three hundred (300) nor more than seven hundred (700)
square feet of allowable floor area. An accessory dwelling unit shall be deed restricted to resident occupancy
and shall not be a separate unit for density or sale purposes.
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(kpa> 10195)
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26.40,070
1. The use shall be developed by comparing each dimensional and parking requirement of the respective
zone districts and applying the more restrictive of each requirements, These requirements shall, however, be
calculated based on the land area and development of the entire parcel.
2. The only exception shall be when the area of the parcel which is designated with the zone district
which permits the higher density constitutes more than seventy-five (75) percent of the entire land area of
the parcel. In this case, the use shall be developed using the dimensional requirements and off-street parking
requirements of the zone district permitting the higher density, which shall be calculated on the basis of the
land area and development of the entire parcel. (Code 1971, ~ 5-508)
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26.40.080 Miscellaneous provisions. - ':
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A. Fuel storage tanks, All fuel storage tanks shall be completely buried beneath the surface dihe ground
except that above-ground storage tanks may be approved as conditional uses in the ServiceJCommercial/Industrial
and Public zone districts. "
B. Lights. Any light used to illuminated parking areas odor any other purpos~e';o arranged
as to reflect the light away from nearby residential properties and vision of passing motorists. (Ord, No. 9-1992,
~ 1: Code 1971, ~ 5-509)
k -ct'""lI , ""- 26.40.090 Accessory dwelling units.
~ A. General provisions.
L Accessory dwelling units shall contain not less than three hundred (300) square feet of net livable
area and not more than seven hundred (700) square feet of net livable area The unit shall be deed restricted,
meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods
of not less than six (6) months in duration. Owners of the principal residence shall have the right to place
a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) parking
space shall be provided on-site for each studio unit, and for each bedroom within a one- or two-bedroom accessory
dwelling unit.
2. An attached accessory dwelling unit shall be subject to all other dimensional requirements of the
underlying zone district.
3. A detached accessory dwelling unit shall only be permitted on parcels that have secondary andlor
alley access, excepting parcels with existing structures to be converted to detached accessory dwelling units,
detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained
within such detached garage or carport, Detached accessory dwelling units are prohibited within the R-15B
zone district.
4. An attached accessory dwelling unit shall utilized alley access to the extent practical.
B, Development review standards. The review standards for a detached accessory dwelling unit are
as follows:
1. The proposed development is compatible and subordinate in character with the primary residence
located on the property and with the development located within the neighborhood, and assuming year-around
occupancy, shall not create a density pattern inconsistent with the established neighborhood;
2. Where the proposed development varies from the dimensional requirements of the underlying zone
district, the Planning and Zoning Commission shall fmd that such variation is more compatible in character
with the primary residence than the development in accord with dimensional requirements. The following
dimensional requirements may be varied:
a, Minimum front and rear yard setbacks;
b, Minimum distance between buildings on the lot;
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(Aspen 3197)
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26.40.090
c, Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling
units;
d. The side yard setback shall be a minimum of three (3) feet;
e, The maximum height limits for detached accessory dwelling units in the R-6 zone district may be
varied at the rear one-third (1/3) of the parcel, however, the maximum height of the structure shall not exceed
eighteen (18) feet. On Landmarked Designated Parcels and within the Historic Overlay District the HPC shall
have the ability to make such height variations;
f, Maximum allowable site coverage may be varied up to a maximum offive (5) percent, on Landmark
Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such site
coverage variations;
g. In the case where the proposed detached accessory dwelling unit in located on a Landmark Designated
Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards
of section 26.40,070(B) of this Code.
3, The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing
nonconfonning structures, being converted to a detached accessory dwelling unit, from Section 26.40,090
(B)(2)(aHg) provided that the nonconfonnity is not increased.
4. ,Conditional use review shall be granted pursuant to Section 26.60,040, Standards applicable to all
conditional uses,
~ ' C. Bandit units, Any bandit dwelling unit which can be demonstrated to have been in existence on
, or prior to November 1, 1988, and which complies with the requirements of this section ma, y be legalized
as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building
Code, as determined by the Chief Building Official.
~' D. GMQS/replacement housing credits. Accessory dwelling units shall no be used to obtain points
, in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting
the housing size, type, income and occupancy guidelines or approval of the housing designee and the standards
\.... · of section 26.100.090 of this Code may be used to obtain points in the affordable housing category. Accessory
If dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City
of Aspen, Colorado, "Residential Multi-Family Housing, Replacement Program."
E. FAR for accessory dwelling units. For the purposes of calculating floor area ratio and allowable
floor area for a lot whose principal use is residential, the following shall apply: the allowable floor area of
an above-grade attached accessory dwelling unit shall be excluded to a maximum of three hundred fifty (350)
square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever
is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review
and approval by the Planning and Zoning Commission pursuant to conditional use review and approval, section
26.60.030 of this Code, and the units must be deed restricted, registered with the housing office, and available
for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter
for the unit. (Ord. No. 47-1988, ~ 3; Ord, No. 1-1990, ~ 6; Ord. No, 60-1990, ~ 2; Ord. No, 56-1994, ~ 11;
Ord, No, 38-1996, ~ 6: Code 1971, ~ 5-510)
26.40.100 Landscape maintenance.
A, Landscaping shown on any approved site development plan shall be maintained in a healthy manner
for a minimum three (3) year period, In the event that plant material dies, the owner of the property shall
replace the plant material with similar quality within forty-five (45) days of notification by the Zoning Enforcement
Officer. If seasonal or cultural constraints do not allow planting of the approved plant material within forty-five
(45) days the owner may in writing seek pennission from the Community Development Director to:
(Aspen 3197)
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26.100.050
.......... " (2) Reconstnlction of demolished dwelling, hotel and lodge units. The reconstnlction of demolished
~ dwelling, hotel and lodge units shall be exempt from the growth management competition and scoring procedures,
in accordance with the following standards:
(a) An applicant may propose to demolish and then delay the reconstnlction of existing dwelling, hotel
or lodge units.
(b) The applicant shall verify, by a letter submitted to and approved by the Community Development
Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction
will occur pursuant to the terms of this section.
(c) Reconstnlction shall occur within five (5) years of demolition, unless an extension of this deadline
is granted by the City Council for good cause.
(d) Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous
parcel owned by the applicant, unless it is determined that reconstruction shall be permitted off-site pursuant
to Section 26.48.030.
(3) Replacement of stnlctures listed on inventory of historic stroctures. A stnlcture included on the
inventory of historic structures that is neither an historic landmark nor located within an Historic Overlay
District may be removed from a property and relocated elsewhere within the City of Aspen and need not be
demolished in order for a replacement stnlcture on its original site to be exempted from the growth management
competition and scoring procedures, provided that the stnlcture is designated as an historic landmark in its
new location and all necessary development approvals are obtained from HPC and the Planning and Zoning
Commission.
(4) Replacement of demolished multi-family, residential units. Replacement of demolished multi-family,
residential units shall be subject to the requirements of the Housing Replacement Program.
(5) Remodeling, restoration or expansion of existing single-family or duplex dwellings. The remodeling,
restoration or expansion of existing single-family or duplex dwellings shall be exempt from the growth management
competition and scoring procedures.
b. ,Historic landmarks. The change of use of an historic landmark that does not increase the building's
existing floor area ratio shall be exempt from the growth management competition and scoring procedures.
c. Detached single-family or duplex dwelling unit. The constnlctionof one or two detached residential
units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November
14, 1977, that complies with the provisions of Section 26.88.040(A)(5) or the replacement after demolition
of one or two detached residential units or a duplex dwelling, or the remodel or expansion of a single family
dwelling into a duplex dwelling. This exemption shall not be applied to any lot for which any other development
allotment is currently being sought or is approved. This exemption shall only aPPly if the following standards
~' ~ are met.
(1) Single-family. In order to qualify for a single-family exemption, the applicant shall have three options:
~ ' '(a) providing an accessory dwelling unit;
(b) paying the applicable affordable housing impact fee; or
(c) recording a resident-occupancy deed restriction on the single-family dwelling unit being constnlcted.
(2) Duplex. In order to qualify for a duplex exemption, the applicant shall have four options:
(a) providing one free market dwelling unit and one deed restricted, resident- occupied dwelling unit
with a minimum floor area of one thousand five hundred (1,500) square feet;
(b) providing two free market dwelling units and one accessory dwelling unit with a minimum floor
area of six hundred (600),square feet; ,
(c) providing twO/deed restricted, resident-occupied dwelling units; or
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26.60.010
Chapter 26.60
CONDITIONAL USES
Sections:
26.60.010
26.60.020
26.60.030
26.60.040
26.60.050
26.60.060
26.60.070
26.60.080
Purpose.
Authority.
Authorized conditional uses.
Standards applicable to aU conditional uses.
Procedure for conditional use approval.
Application.
Reserved;
Amendment of development order.
26.60.010 Purpose.
Conditional uses are those land uses which are generally compatible with the other permitted uses in
a zone district, but which require individual review of their location, design. configuration, intensity and density
in order to ensure the appropriateness of the land use in the zone district. (Code 1971, ~ 7-301)
26.60.020 Authority.
The commission, in accordance with the procedures, standards and limitations of this chapter, shall approve,
approve with conditions, or disapprove a development application for a conditional use, after reco=endation
by the planning director. (Code 1971, ~ 7-302)
26.60.030 Authorized conditional uses.
Only those uses which are authorized as a conditional use for each zone district in Chapter 2628, may
be approved as' a conditional use. The designation of a land use as a conditional use in a zone district does
not constitute an authorization of such land use or act as an assurance that such land use will be approved
as a conditional use; rather, each proposed conditional use shall be evaluated by the commission for compliance
with the standards and conditions set forth in this chapter. (Code 1971,'~ 7-303)
26.60.040 Standards applicable to all conditional uses.
When considering a development application for a conditional use, the co=ission shall consider whether
aU of the following standards are met, as applicable.
A, The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen
Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located; and
B, The conditional use is consistent and compatible with the character of the immediate vicinity of
the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary
uses and activities in the immediate vicinity of the parcel proposed for development; and
C, The location, size, design and operating characteristics of the proposed conditional use minimizes
adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service
delivery, noise, vibrations and odor on surrounding properties; and
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26,60.040
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D. There are adequate public facilities and services to serve the conditional use including but not limited
to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital
and medical services, drainage systems, and schools; and
E. The applicant commits to supply affordable housing to meet the incremental need for increased
employees generated by the conditional use; and
F. The proposed conditional use complies with all additional standards imposed on it by the Aspen
Area Comprehensive Plan and by all other applicable requirements of this title.
The planning directormay recommend, and ,the commission may impose such conditions on a conditional
use that are necessary to maintain the integrity of the city's zone districts and to ensure the conditional use
complies with the pUIposes of the Aspen Area Comprehensive Plan, this chapter, and this title; is compatible
with surrounding land uses; and is served by adequate public facilities, This includes, but is not limited to
imposing conditions on size, bulk, location, open space, landscaping, buffering, lighting, signage, off-street
parldng and other similar design featUres, the construction of public facilities to serve the conditional use,
and limitations on the duration of conditional use approval. (Ord. No., 7-1989, ~ 2: Code 1971, ~ 7-304)
26.60.050 Procedure for conditional use approval.
A development application for a conditional use shall be reviewed and recommended for approval, approval
with conditions, or disapproval by the planning director, and then approved, approved with conditions, or
disapproved by the commission at a public hearing held in accordance with the procedures established in Common
Procedures, Chapter 2652. A development application for a conditional use may be consolidated with any
other development application pursuant to the requirements of common procedures, Chapter 26,52. (Code
1971, ~ 7-305)
26.60.060 Application.
The development application for a conditional use shall include the foIlowing,
A, The general application information required in Section 26.52.030;
B. A sketch plan of the site showing existing and proposed features which are relevant to the review
of the conditional use application; and
C. If the application involves development of a new structUre or expansion or exterior remodeling
of an existing structure, proposed elevations of the structure. (Code 1971, ~ 7.306)
26.60.070 Reserved.
Editor's note- Ord. No. 7-1989, ~ 2, deleted former ~ 7-307, relative to conditions, which derived
from Ord. No. 5-1988. (Code 1971, ~ 7-307) /
26.60.080' Amendment of development order.
A, Insubstantial amendment. An insubstantial amendment to an approved development order for a
conditional use may be authorized by the planning director. An insubstantial amendment shaIl be limited to
changes in the operation of a conditional use which meet all of lhe foIlowing standards:
1. The change wiIl not cause negative impacts on pedestrian and vehicular traffic circuIation, parldng
or noise; and
2. The change will not substantially affect the tourist or local orientation of the conditional use; and
3. The change will not affect lhe character of the neighborllood in which the use is located; and
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Exhibit B
1.19.99
P&Z Work Session
Staff Proposal
Key:
Italicized language generally represents staff notes or items for discussion
26.30.010
26.30.020
26.30.030
26.30.040
26.30,050
26.30.060
26.30.070
26.30.080
26.30,090
26.30.100
26.30
Accessory Dwelling Units
Purpose
Definition
Authority
Applicability
Design Standards
Calculations and Measurements
Deed Restrictions, Recordation, Enforcement
Application
Procedure
Amendments
26.30.010 Purpose
The purpose of the Accessory Dwelling Unit (ADU) Program is to promote the long-standing
community goal of socially, economically, and environmentally responsible development
patterns which balance Aspen the resort and Aspen the community, Aspen values balanced
neighborhoods and a sense of commonality between working residents and part-time residents,
ADUs represent viable housing opportunities for working residents and allow employees to live
within the fabric of the community without their housing being easily identifiable as "employee
housing," ADUs also help to address the affects of existing homes, which have provided
workforce housing, being significantly redeveloped, often as second homes.
ADU s support local Aspen businesses by providing an employee base within the town and
providing a critical mass of local residents important to .preserving Aspen's character. ADU s
allow second home owners the opportunity to hire an on-site caretaker to maintain their property
in their absence, Increased employee housing opportunities in close proximity to employment
and recreation centers is also an environmentally preferred land use pattern which reduces
automobile reliance,
To the extent Aspen desires Accessory Dwelling Units which provide viable and livable housing
opportunities to local working residents, certain incentives are available to developers of ADU s,
These incentives include an exemption from the Growth Management Quota System for existing
vacant lots of record and for significant redevelopment of existing homes as well as certain Floor
Area incentives for ADUs developed in a preferred manner.
January 19th Program - Page 1-
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26.30.020 Definition
An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and subordinate in
size and character. ADUs are located on the same lot, or contiguous lots under the same
ownership, as the primary residence in conformance with the zone district in which the property
is located, A primary residence may have no more than one ADU, An ADU may not be
accessory to another ADU. An ADU cannot be conveyed as a property interest separate from the
primary residence, and an ADU shall not be considered a unit of density with regard to zoning
requirements. All ADUs shall be developed in conformance with this Section, also in definition
section
ADUs separated by 10 feet or more from the primary residence are considered "detatched" and
qualify for certain zoning incentives, Detached ADUs may be connected to the primary
residence by a covered breezeway, Any ADU with an intemal,connection to, or shared wall with,
the primary residence shall be considered an attached ADU.
26.30.030 Authority.
The Community Development Director, in accordance with the procedures, standards, and
limitations of this Chapter, shall approve, approve with conditions, or disapprove an application
for an Accessory Dwelling Unit pursuant to Section 26.52,
Appeal to P&Z?
A land use application requesting a variation of the ADU design standards shall be approved,
approved with conditions, or disapproved by the Planning and Zoning Commission, or by the
Historic Preservation Commission if the property is designated a Historic Landmark or within a
Historic Overlay District, pursuant to Section 26.64 Special Review,
26.30.040 Applicability
This Section applies to all zone districts within the City of Aspen in which an Accessory
Dwelling Unit is a permitted use, as designated in Section 26,28, and to all Accessory Dwelling
Units approved as a Conditional Use prior to the adoption of Ordinance ----' Series of 1999,
26,30.050 Design Standards
A. General.
The following standards have been established to ensure a minimum level of performance. These
standards are provided in two categories: "basic" and "exceptional." Both types of ADUs may be
approved by the Community Development Director. Exceptional ADUs and detached ADUs are
eligible for certain Floor Area incentives. (see 26,30,060 Calculations and Measurements)
B. Basic Design Standards.
All ADU s shall conform to the following minimum design standards unless varied through
Special Review by the Planning and Zoning Commission, or by the Historic Preservation
Commission for properties designated a Historic Landmark or located within an Historic Overlay
District, pursuant to Section 26.64 Special Review:
January 19'h Program - Page 2
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1. An ADU must contain between 300 and 800 net livable square feet, 10% of which must
be closet or storage area.
2, An ADU must be able to function as a separate dwelling unit. This includes the
following:
a) An ADU must be separately accessible, This does not preclude a second interior
entrance to the primary residence;
b) An ADU must have separately accessible utilities: This does not preclude shared
services;
c) An ADU shall contain a kitchen including an oven, a stove with two burners, a
sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer;
and,
d) An ADU shall contain, as a minimum, a 3/4 bath,
3. One parking space for the ADU shall be provided on-site and shall remain available for
the benefit of the ADU resident. The parking space shall not be stacked with a space for
the primary residence? ADUs with two or more bedrooms shall have two on-site parking
spaces provided,
4, An ADU shall be located within the dimensional requirements of the zone district in
which the property is located.
5. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU.
If the entrance is accessed via stairs, sufficient means of preventing snow and ice from
accumulating on the stairs shall be provided,
6, ADUs shall be developed in accordance with the requirements of this title which apply to
residential development in general. These include, but are not limited to, the Uniform
Building Code requirements related to adequate natural light, ventilation, fire egress, fire
suppression, and sound attenuation between living units, This standard may not be
varied.
7, All ADUs shall be registered with the Housing Authority and the property shall be deed
restricted in accordance with Section 26,30,070 Deed Restrictions, This standard may
not be varied,
8, An ADU shall be developed to be consistent and compatible with the character of the
immediate vicinity of the subject property and surrounding land uses, (this is a blanket
criteria the director can use to deny an ADU, apply conditions, or send it to the P&Zfor
review)
9. An ADU shall be developed at least 50% above grade, To meet this standard, the
surface area of an ADUs exterior walls above ground divided by the totaisurface area of
exterior walls shall be determined
C Exceptional Design Standards.
The Aspen community desires ADUs which maximize livability and confer the greatest benefit to
the affordable housing inventory, Exceptional ADUs are eligible for either a partial or full
exemption from the calculation of allowable Floor Area. see ADU Floor Area Incentives,
In addition to the minimum standards, ADUs meeting the following standards shall be considered
exceptional:
I, An exceptional ADU shall contain a minimum of 600 net livable square feet.
2, An exceptional ADU must provide a bedroom separate from general living areas. A
studio unit shall not qualify as an exceptional unit.
January 19th Program - Page 3
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3. An exceptional unit shall provide access to natural light beyond the minimum
requirements of the Uniform Building Code by 25% (125% of the UBC requirement). If
natural ventilation is utilized, the minimum ventilation shall also be increased by 25%
(125% of the UBC requirement).
4, An exceptional ADU shall contain two of the following features:
a) A full bath;
b) a full kitchen containing a 4 burner stove, a 12 cubic foot refrigerator, and 6
linear feet of counter surface;
c) a 50 square foot porch or deck or,
d) a covered parking space,
26.30.060
Calculations and Measurements
A. Floor Area and Incentives.
In order to encourage property owners to develop ADUs in a preferred manner, certain Floor
Area incentives are provided for ADUs which are exceptional and/or detached from the primary
residence. As 'an incentive to encourage deed restrictions which require mandatory occupancy,
an additional Floor Area incentive is available for all types of ADUs,
The floor area of all ADUs shall be counted toward to a property's Maximum Allowable Floor
Area in the following manner:
With no Manadatory
Occupancy Requirement
Basic I
Exceptional
Attached
100%
50%
With Manadatory
Occupancy Requirement
Basic I
Exceptional
Attached
75%
25%
This percentage figure represents the portion of Floor Area attributed towards the maximum
allowed for the entire property, This incentive does not raise the Allowable Floor Area for any
given property, Rather, the incentive alters the way in which the ADU space is attributed towards
the Allowable Floor Area for the property,
B. Net Livable Square Footage.
ADUs have minimum and maximum thresholds for net livable square footage, unless varied
through a land use review, The calculation of net livable area differs slightly from the calculation
of Floor Area inasmuch as it measures the interior dimensions of the unit For the purpose of
determining an incentive for an attached unit, the Floor Area of an ADU shall be measured to the
midpoint of any shared walles),
January 19th Program - Page 4
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26.30.070
Deed Restrictions, Recordation, and Enforcement,
A. Deed Restrictions.
All properties containing an ADD shall be deed restricted and the owner shall enter into an
agreement with the Housing Authority to ensure compliance with this deed restriction see. ADU
recordation.
At a minimum, all properties containing an ADD shall be deed restricted in the following
manner:
. All ADDs shall be registered with the Housing Authority,
· Any occupant of an ADD shall be qualified according to the current Aspen/Pitkin
County Housing Authority Guidelines,
. All ADDs shall be restricted to lease periods of no less then six months in duration.
Leases must be recorded with the Housing Authority.
B. Mandatory Occupancy.
Zoning incentives are provided to property owners in exchange for ADDs which are deed
restricted to mandatory occupancy, This deed restriction requires an ADD to be occupied by a
qualified employee, as selected by the owner of the principal residence. This restriction also
establishes a maximum rental rate for the unit and income level for the occupant. This restriction
is referred to as a "Category" and is established by the Aspen/Pitkin County Housing Authority,
For all basic ADDs, this rental rate shall be Category 3. For all exceptional ADDs, the income
and rental restriction shall be Category 4,
With these, specific ADDs, the Aspen/Pitkin County Housing Authority retains the right to place a
qualified renter in the ADD if the owner fails to do so within a reasonable time, The deed
restriction shall specify a "reasonable" vacancy period between occupants,
This additional incumberance upon the property is not a mandatory requirement of the Aspen
Municipal Code, but rather a voluntary incentive, a quid pro quo, to the mutual benefit of the
property owner and Aspen's working population, That is, if the incentive is accepted by the
property owner, mandatory occupancy will be required in exchange.
C. Recordation.
The Aspen/Pitkin County Housing Authority shall provide a standard form for recording
Accessory Dwelling Dnit deed restrictions, Variations to the design standards shall be noted on
this form and a copy of any land use approvals shall be attached. This deed restriction shall bind
the property owner to such obligations required by this Section and shall grant the Housing
Authority the ability to enforce compliance,
Deed restrictions for a property containing an ADD shall be recorded with the Pitkin County
Clerk and Recorder by the applicant. There is per page recordation fee. The book and page
associated with the recordation shall be noted in the building permit plans for an ADD.
D. Enforcement.
January 19th Program - Page 5
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The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the recorded
agreement between the property owner and AspenlPitkin County Housing Authority. Property
owners in violation of the recorded housing agreement may be subject to court action.
ADDs which are deed restricted to mandatory occupancy shall be occupied. If the owner of the
ADD fails to select a qualified renter and the ADD is vacant for more than an agreed upon
reasonable time, as noted in the deed restriction, the AspenlPitkin County Housing Authority
shall select a qualified renter to occupy the ADD. The lease period for this renter shall be six
months, after which time the owner shall have the option of renewing the lease or selecting a new
occupant.
26.30.080 Application
ADDs require a separate building permit. An application for an ADD shall be submitted in
conformance with Section 26.56,020, Development permitted as of right. check with new code, A
development order for an ADD shall not be issued until all required agreements have been
recorded.
Applications seeking a variance from the ADD design standards will require a land use approval.
see 26,30.090 procedure,
26.30.090 Procedure
A. General.
Pursuant to Section 26,52,020 ?new code section?, Pre-Application Conference, Applicants are
encouraged to meet with a City Planner of the Community Development Department to clarify
the requirements of the ADD Program,
An application for an ADD shall consist of an application for a Development Order pursuant to
Section 26,52,030 (new code) and shall be submitted to the Community Development
Department. In order to obtain a Development Order for an ADD, the Community Development
Director shall find the ADD in conformance with the requirements of this Section, If an
application is found to be inconsistent with this Section, in whole or in part, the applicant may
either amend the application or apply for a variance from the design standards pursuant to
Section 26.64, Special Review.
B. Special Review.
An applicant requesting a variance from the design standards must submit a land use application
for Special Review pursuant to Section 26,64, The Planning and Zoning Commission reviews all
Special Reviews considering the applicable criteria, If the property is a Historic Landmark or
within a Historic Overlay District, the applicant may choose the Historic Preservation
Commission to consider the Special Review, A Special Review to vary the ADD design
standards may be approved, approved with conditions, or denied? if all of the following criteria '
are satisfied: '
I, The proposed ADD is designed in a manner which promotes the purpose of the ADD
program, promotes the purpose of the zone district in which it is proposed, and promotes
the unit's general livability; and,
January 19r1' Program - Page 6
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2. The proposed ADU is designed to be compatible with and subordinate in character to the
primary residence considering all dimensions, site configuration, landscaping, privacy,
and historical significance of the property; and,
3, The proposed ADU is de~igned in a manner which is compatible with or enhances the
character of the neighborhood considering all dimensions, density, designated view
planes, operating characteristics, traffic, availability of on-street parking, availability of
transit services, and walking proximity to employment and recreational opportunities,
C. Development Order.
A development order may be issued subsequent to recordation of all required deed restrictions
and agreements and approval of any land use applications necessary.
If the ADU is being developed in order to gain an exemption from the Growth Management
Quota System, the Building Permits must be issued jointly,
D. Inspection and Acceptance.
Prior to issuance of a Certificate of Occupancy, the Aspen/Pitkin County Housing Authority, or
the Chief Building Official, shall inspect the ADU for compliance with the Design Standards.
Any un-approved variations from these standards shall be remedied prior to issuance of a
Certificate of Occupancy, Necessary?
Certificates of Occupancy required for the primary residence shall only be issued subsequent to,
or in conjunction with, issuance of a Certificate of Occupancy for the Accessory Dwelling Unit.
Is this necessary?
26.30.100
Amendment of an ADU Development Order
A. Insubstantial Amendment.
An insubstantial amendment to an approved development order for an Accessory Dwelling Unit
may be authorized by the Community Development Director. An insubstantial amendment shall
not include:
I, Any change which alters the operational characteristics or policy requirements of the ADU;
or,
2. Any change which increases design variations granted through a land use review; or
3, Any change which represents a significant change of an existing ADU or includes demolition
of an existing ADU,
B. Other Amendments.
All other amendments to an approved development order for an Accessory Dwelling Unit shall
be reviewed pursuant to the terms and procedures of this Section.
January 19th Program - Page 7
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reviewed for its individual merits, Generally, staff believes this Ordinance will
encourage shorter commuting trips which has obvious environmental benefits.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen,
Staff Finding: '
One of the most profound differences between Aspen and other mountain resort towns is
its history as a "real" town. Although there are continual challenges to the original
theme, Aspen is not merely a real estate development accessory to a resort economy, it is
a town,
Characteristic of traditional towns, and important to Aspenites as expressed in the
Community Plan, is a "critical mass" of residents and an interspersed social layering.
The interspersed nature of these units will promote community charcter,
H. Whether there have been changed conditions affecting the subject
parcel or the surrounding neighborhood which support the
proposed amendment.
Staff Finding:
The original ADD Program expected 80% utilization ofthese units without occupancy
requirements. Actual utilization has been around 25%, far below expectations, Also, this
ADD program, as proposed, will emphasize the provision of units on-site rather than a
cash-in-lieu payment; a policy the Housing Authority has promoted for years,
I. Whether the proposed amendment would bein conflict with the
public interest, and is in harmony with the purpose and intent of this
title,
Staff Finding:
This proposed amendment does not pose any conflicts with the public interest. The
AACP reflects a community desire for integrated affordable housing opportunities within
established neighborhoods. The community has favored infill opportunities over large
scale greenfield solutions to affordable housing,
Staff believes this Ordinance will promote the purpose and intent of this Title, This
Ordinance promotes the permanent community by emphasizing on-site employee housing
opportunities for working residents and reducing the dependence of the automobile by
providing housing near employment and recreation centers, Fewer long distance
commuter trip represents good environmental policy and providing incentives for high
quality living units promotes healthy living conditions.
staff comments page 3
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Exhibit C
4,6.99
Joint Work Session
Inclndes changes requested by P&Z
Key:
Discussion highlights major Program elements needing discussion,
Italicized language generally represent staff notes or minor items needing discussion,
26.30.010
26.30.020
26.30.030
26.30.040
26.30.050
26.30.060
26.30.070
26,30.080
26.30.090
26.30,100
26.30
Accessory Dwelling Units
Purpose
Definition
Authority
Applicability
Design Standards
Calculations and Measurements
Deed Restrictions, Recordation, Enforcement
Application
Procedure
Ameudments
26.30.010 Purpose
The purpose of the Accessory Dwelling Unit (ADU) Program is to promote the long-standing
community goal of socially, economically, and environmentally responsible development
patterns which balance Aspen the resort and Aspen the, community, Aspen values balanced
neighborhoods and a sense of commonality between working residents and part-time residents,
ADU s represent viable housing opportunities for working residents and allow employees to live
within the fabric of the community without their housing being easily identifiable as "employee
housing," ADUs also help to address the affects of existing homes, which have provided
workforce housing, being significantly redeveloped, often as second homes,
ADUs support local Aspen businesses by providing an employee base within the town and
providing a critical mass of local residents important to preserving Aspen's character. ADU s
allow second home owners the opportunity to hire an on-site caretaker to maintain their property
in their absence. Increased employee housing opportunities in close proximity to employment
and recreation centers is also an environmentally preferred land use pattern which reduces
automobile reliance.
To the extent Aspen desires Accessory Dwelling Units which provide viable and livable housing
opportunities to local working residents, certain incentives are available to developers of ADUs.
These incentives include an exemption from the Growth Management Quota System for existing
vacant lots of record and for significant redevelopment of existing homes, ? certain Floor Area
incentives for ADUs developed in a preferred manner?, and yearly property tax incentives for
property owners renting an ADU to a local working resident.
April 6th Program - Page 1
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26.30.020 General (definition, plus regulatory language)
An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and subordinate in
size and character. ADUs are located on the same lot, or contiguous lots under the same
ownership, as the primary residence in conformance with the zone district in which the property
is located, A primary residence may have no more than one ADU, An ADU may not be
accessory to another ADU. An ADU cannot be conveyed as a property interest separate from the
primary residence, and an ADU shall not be considered a unit of density with regard to zoning
requirements. All ADUs shall be developed in conformance with this Section. Language also to
be in definition section
Detached incentive language removedfrom 1.19,99 version,
26,30.030 Authority.
The Community Development Director, in accordance with the procedures, standards, and
limitations of this Chapter, shall approve, approve with conditions, or disapprove an application
for an Accessory Dwelling Unit pursuant to Section 26.52,
Appeal to P&Z? Amend P&Z authorities.
A land use application requesting a variation of the ADU design standards shall be approved,
approved with conditions, or disapproved by the Planning and Zoning Commission, or by the
Historic Preservation Commission if the property is designated a Historic Landmark or within a
Historic Overlay District, pursuant to Section 26,64 Special Review,
26.30.040 Applicability
This Section applies to all zone districts within the City of Aspen in which an Accessory
Dwelling Unit is a permitted use, as designated in Section 26,28, and to all Accessory Dwelling
Units approved as a Conditional Use prior to the adoption of Ordinance _, Series of 1999.
This covers all existing AD Us,
26.30.050 Design Standards
A. General.
The following standards have been established to ensure an acceptable level of livability, The
majority of these are minimum standards and may be exceeded,
B. Design Standards.
All ADUs shall conform to the following minimum design standards unless varied through
Special Review by the Planning and Zoning Commission, or by the Historic Preservation
Commission for properties designated a Historic Landmark or located within an Historic Overlay
District, pursuant to Section 26.64 Special Review:
1. An ADU must contain between 300 and 800 net livable square feet, 10% of which must
be closet or storage area,
2, An ADU must be able to function as a separate dwelling unit. This includes the
following:
a) An ADU must be separately accessible, This does not preclude a second interior
entrance to the primary residence; Discussion
April 6th Program - Page 2
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b) An ADU must have separately accessible utilities, This does not preclude shared
services;
c) ,An ADU shall contain a kitchen including an oven, a stove with two burners, a
sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer;
and,
d) An ADU shall contain a 3/4 bath.
3. One parking space for the ADU shall be provided on-site and shall remain available for
the benefit of the ADU resident. The parking space shall not be stacked with a space for
the primary residence? ADUs with two or more bedrooms shall have two on-site parking
spaces provided.
4, An ADU shall be located within the dimensional requirements of the zone district in
which the property is located.
5. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU.
If the entrance is accessed via stairs, sufficient means of preventing snow and ice from
accumulating on the stairs shall be provided,
6, ADUs shall be developed in accordance with the requirements of this title which apply to
residential development in general. These include, but are not limited to, the Uniform
Building Code requirements related to adequate natural light, ventilation, fire egress, fire
suppression, and sound attenuation between living units. This standard may not be
varied.
7. All ADUs shall be registered with the Housing Authority and the property shall be deed
restricted in accordance with Section 26,30.070 Deed Restrictions. This standard may
not be varied,
8, An ADU shall be developed to be consistent and compatible with the character of the
immediate vicinity of, and including, the subject property and surrounding land uses,
(This is a blanket criteria the Director can use to deny an ADO, apply conditions, or
send it to the P&Zfor review) - discussion
9. An ADU shall be developed at least 50% above grade. To meet this standard, the
surface area of an ADUs exterior walls above ground divided by the total surface area of
exterior walls shall be determined. - discussion
10. exceptional standards for 1.11,99 program - discussion
26.30.060
Calculations and Measurements
A. Floor Area and Incentives.
In order to encourage property owners to develop ADUs in a preferred manner, certain Floor
Area incentives are provided for ADUs which are exceptional and/or detached from the primary
residence. As an incentive to encourage deed restrictions which require mandatory occupancy,
an additional Floor Area incentive is available for all types of ADU s,
Discussion - Should there he any FAR incentives?
Should there be incentives for:
1. Detached - This is the classic alley house typology, Eliminates interior connection
issue. Provides housing wlo sense of being the "step child." Breaks-up mass of
structure.
2. Better quality - Units with more than the basic amenities. Higher rent is also an
incentive to some.
3, Mandatory occupancy - deed restriction that forever burdens property. High fear
factor.
April 6th Program - Page 3
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B. Net Livable Square Footage.
ADU s have minimum and maximum thresholds for net livable square footage, unless varied
through a land use review. The calculation of net livable area differs slightly from the calculation
of Floor Area inasmuch as it measures the interior dimensions of the unit. Removed language
concerning calculating FAR bonus.
26.30.070
Deed Restrictions, Recordation, and Enforcement.
A. Deed Restrictions.
All properties containing an ADU shall be deed restricted and the owner shall enter into an
agreement with the Housing Authority to ensure compliance with this deed restriction see. ADU
recordation.
At a minimum, all properties containing an ADU shall be deed restricted in the following
manner:
. All ADUs shall be registered with the Housing Authority,
. Any occupant of an ADU shall be qualified according to the currentAspen/Pitkin
County Housing Authority Guidelines.
. All ADU s shall be restricted to lease periods of no less then six months in duration.
Leases must be recorded with the Housing Authority.
C. Recordation.
The Aspen/Pitkin County Housing Authority shall provide a standard form for recording
Accessory Dwelling Unit deed restrictions, Variations to the design standards shall be noted on
this form and a copy of any land use approvals shall be attached. This deed restriction shall bind
the property owner to such obligations required by this Section and shall grant the Housing
Authority the ability to enforce compliance.
Deed restrictions for a property containing an ADU shall be recorded with the Pitkin County
Clerk and Recorder by the applicant. There is per page recordation fee. The book and page
associated with the recordation shall be noted in the building permit plans for an ADU,
D. Enforcement .
The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the recorded
agreement between the property owner and Aspen/Pitkin County Housing Authority. This may
not be necessary to include if the mandatory occupancy requirement is removed
26.30.***
Property Tax Rebate. (Whole section needs discussion)
Discussion - Financial impacts.
Rewarding property owners wlo deed restricting properties
Rent is already a financial incentive
Process of administering program
Economic changes and impacts on City finances
April 6th Program - Page 4
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The Commission expressed interest in this option, The principal merit of this element is that the
property owner would receive an automatic return on renting the ADD, whereas the FAR
increase is generally realized at sale, and there is no "forever burdening the property." Staff is
looking into this option with the City Finance Department. Following is a first attempt at some
incentives:
7 Property tax rebates are available to property owners who use an ADD to provide housing to
local working residents for 9 (7) or more months of the year,
7 50% ofthe owner's property tax for the given year will be returned ifthe average monthly rent
is in excess of Category 4, 100% of the owners property tax for the given year will be returned
if the average monthly rent is at or below Category 4,
7 Property tax rebates are available to property owners proportionately with the number of
months the ADD was rented, For example: if a property owner rents an ADD for 9 months of
the year, then 75% of the property tax for that year may be rebated.
To apply for this property tax rebate, a copy of the actuated lease and the name(s) of the
occupant(s) shall be provided to the City, Datesfor applying? Formsfrom Finance Dept? This
process should allow the City to confirm the claim with the renter and make sure the renter is a
qualified working resident.
The ADD must be registered with the Housing Authority prior to applying for a rebate, A copy
of the current rental lease must be filed with the Housing Authority for verification. This process
is verifying will add to the City's cost of a rebate Program.
The owner retains the right to select a qualified working resident or to not rent the ADD. A list
of qualified working residents in search of ADD's is available from the Housing Authority,
26.30.080 Application
ADDs require a separate building permit. An application for an ADD shall be submitted in
conformance with Section 26,56.020, Development permitted as of right. A development order
for an ADD shall not be issued until all required agreements have been recorded,
Applications seeking a variance from the ADD design standards will require a land use approval.
see 26.30,090 procedure,
26.30.090 Procedure
A. General.
Pursuant to Section 26.52,020, Pre-Application Conference, Applicants are encouraged to meet
with a City Planner of the Community Development Department to clarify the requirements of
the ADD Program,
An application for an ADD shall consist of an application for a Development Order pursuant to
Section 26.52,030 and shall be submitted to the Community Development Department. In order
to obtain a Development Order for an ADD, the Community Development Director shall find the
ADD in conformance with the requirements of this Section, If an application is found to be
inconsistent with this Section, in whole or in part, the applicant may either amend the application
or apply for a variance from the design standards pursuant to Section 26,64, Special Review,
Also should apply to legalizing bandit units.
April 6th Program - Page 5
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B. Appeals. Appeal process for Commission to review an administrative decision. Commission
decision is final- unless appeal is taken to court, Amend P&Z authority section.. Section above
should be re-worded to refer to appeal process,
C. Special Review.
An applicant requesting a variance from the design standards must submit a land use application
for Special Review pursuant to Section 26,64. The Planning and Zoning Commission reviews all
Special Reviews considering the applicable criteria, If the property is a Historic Landmark or
within a Historic Overlay District, the applicant may choose the Historic Preservation
Commission to consider the Special Review, A Special Review to vary the ADU design
standards may be approved or approved with conditions based on conformance with the
following criteria: (This should also be appeal procedure and criteria)
1, The proposed ADU is designed in a manner which promotes the purpose of the ADU
program, promotes the purpose of the zone district in which it is proposed, and promotes
the unit's general livability; and,
2, The proposed ADU is designed to be compatible with, and subordinate in character to,
the primary residence considering all dimensions, site configuration, landscaping,
privacy, and historical significance of the property; and,
3, The proposed ADU is designed in a manner which is compatible with or enhances the
character ofthe neighborhood considering all dimensions, density, designated view
planes, operating characteristics, traffic, availability of on-street parking, availability of
transit services, and walking proximity to employment and recreational opportunities,
D. Development Order.
A development order may be issued subsequent to recordation of all required deed restrictions
and agreements and approval of any land use applications necessary,
If the ADU is being developed in order to gain an exemption from the Growth Management
Quota System, the Building Permits for the primary residence and the ADU must be issued
jointly,lVecessary?
E. Inspection and Acceptance.
Prior to issuance of a Certificate of Occupancy, the Aspen/Pitkin County Housing Authority, or
the Chief Building Official, shall inspect the ADU for compliance with the Design Standards.
Any un-approved variations from these standards shall be remedied or approved pursuant to this
chapter prior to issuance of a Certificate of Occupancy,lVecessary?
Certificates of Occupancy required for the primary residence shall only be issued subsequent to,
or in conjunction with, issuance of a Certificate of Occupancy for the Accessory Dwelling Unit.
lVecessary?
26.30.100
Amendment of an ADD Development Order
A. Insubstantial Amendment.
April 6th Program - Page 6
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An insubstantial amendment to an approved development order for an Accessory Dwelling Unit
may be authorized by the Community Development Director, An insubstantial amendment shall
not include: '
1. Any change which alters the operational characteristics or policy requirements of the ADU;
or,
2, Any change which increases design variations granted through a land use review; or
3, Any change which represents a significant change of an existing ADU or includes demolition
of an existing ADU,
B. Other Amendments.
All other amendments to an approved development order for an Accessory Dwelling Unit shall
be reviewed pursuant to the terms and procedures ofthis Section.
April 6th Program - Page 7
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
THRD:
Julie Ann Woods, Community Development Director
THRD:
Mitch Haas, Interim Deputy Director
Christopher Bendon; Planner ~
ADU Program Worksession
FROM:
RE:
DATE:
January 19, 1999
At their recent retreat, the Mayor and City Council directed staffto again bring forward
amendments to the ADD Program, The purpose of this directive is to increase the
effectiveness of the program and to simplify the process for approval. Staff has included
a third goal of this program: to create a separate section of the code specifically
addressing ADDs,
This project is not new, Staff had presented a series of ADD Program changes to the
Housing Board, the Planning and Zoning Commission, and City Council over a two
month period in 1998, The day before the first public hearing before the Planning and
Zoning Commission a court decision was issued for a land use case in Telluride involving
affordable housing and rental restrictions. At the time, the proposed changes included
both mandatory occupancy and rental rate restrictions for ADDs -- as requested by the
City Council. At the direction of the City Attorney, staff pulled the proposed amendment
from the Commission's public hearing agenda.
Staff has revised the proposed ADD program changes to incorporate many of the main
objectives from the previous propos..-!AdimiITdte rental rate requiremen~ and simplify
the incentives -- a request from City Council.
The primary objective for the worksession is to reacquaint the Commission with the
proposed changes, to point-out relevant differences from the existing code and the
previous proposal, and to identify the Commission's goals and concerns for the program,
Staff is seeking the Commission's opinion as to whether or not the proposed code
amendment is ready for a public hearing.
Program Summary.
Staff has three goals with the proposed ADD program: 1) increase the effectiveness of
the program and the quality of units through incentives; 2) simplify the process by
making ADDs an administrative approval; and, 3) consolidate the scattered ADD
requirements in one easy-to-reference Section.
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The suggested provisions will build upon the current FAR incentive program by
providing FAR exclusion for desirable units both physically and policy-wise, These
provisions will simplify the approval process by making ADDs a permitted use in all
residential zone districts (except MHP, which should be discussed), An applicant who
proposes an ADD, meeting the minimum design standards, may simply apply for
administrative approval. The appropriate deed restriction would have to be filled prior to
permit issuance. An applicant who wishes to vary from the design standards may still do
so with approval from the Planning and Zoning Commission or from the Historic
Preservation Commission for development needing HPC approval. As part of these
provisions, the Commission may desire the ability for an applicant to appeal an
administrative decision to the P&Z,
The proposal also proposes a new code section devoted exclusively to ADDs, As part of
the discussion with the City Council, staffwill suggest an easy-to-understand pamphlet
explaining the main points of the ADD Program, its philosophical underpinnings, and the
process for approval. This would not replace the land use code; rather it would describe
ADDs in non-code language.
The specific requirements proposed by staff are fully eXplained in the attached Exhibit B,
ATTACHMENTS:
Exhibit A -- Existing provisions
Exhibit B -- Proposed ADD Program
Exhibit C -- Suggested ADD Ordinance from Washington State Plan
2
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]YB.
MEMORANDUM
TO:
Aspen Planning and Zoning Commission
Stan Clauson, Community Development Director~
Christopher Bendon, Planner ~w, ,
ADU Program Changes -- Public Hearing
THRD:
FROM:
RE:
DATE:
June 16, 1998
SUMMARY:
The Mayor and City Council have directed staff to bring forward amendments to the
ADD Program, The purpose of this directive is to increase the effectiveness of the
program and to simplifY the process for approval. Staff has included a third goal of
this program; to create a separate section of the code specifically addressing ADD's.
Staff presented a series of program objectives to the Housing Board and the Planning
and Zoning Commission in worksessions, Suggestions from these worksessions were
then incorporated into a set of proposed code amendments and brought back to each
board for review, Staff then presented a more fully developed set of code provisions
to each board, Based in these discussions, staff has revised these requirements to
their present form.
These provisions will simplify the approval process by making ADD's a permitted
use in all residential zone districts (except MHP), An applicant who proposes an
ADD, meeting the minimum design standards, may simply apply for a building
permit. The appropriate deed restriction would have to be filled prior to permit
issuance, An applicant who wishes to vary these design standards may still do so
with approval from the Planning and Zoning Commission or from the Historic
Preservation Commission for development needing HPC approval.
As part of these revisions, staff intends to create a easy-to-understand pamphlet
explaining the main points of the ADD Program, its philosophical underpinings, and
the process for development approval. This would not replace the land use code, but
would rather describe ADD's in non-code language,
This program will increase the effectiveness of new Accessory Dwelling Dnits by
requiring occupancy and rental rate restrictions for ADD's developed in order to gain
an exemption from growth management. Depending upon the physical
characteristics of the proposed ADD, Category designation 2-4 would apply, ADD's
developed voluntarily, or not for GMQS, would not be mandatory rental and no
rental rates would apply unless the applicant sought an FAR bonus.
This proposed ADD Program will create a new section of the Land Dse code; Section
26,30 Accessory Dwelling Units, This is a staff goal as part of the code
simplification process, Currently, ADD requirements largely appear in the
supplementary section with other provisions found in definitions, residential design,
GMQS, etc, This new section would combine all ADD requirements in one place
and duplicated in other sections where necessary, such as FAR calculations.
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The specific requirements proposed by staff are fully explained in the attached
exhibits,
Staff recommends the Planning and Zoning Commission consider the attached
text and take and consider public comment. Each of the major program
elements should be discussed. Finally, the Commission should make a
recommendation to City Council.
PRIMARY STAKEHOLDERS:
In addition to the legal notice requirements, staff ran a box advertisement in the
Aspen Times for one week prior to this hearing. Several interested parties
contacted staff including property owners, lawyers, real estate agents, and
planning consultants,
ApPLICANT:
City of Aspen.
REVIEW PROCEDURE:
Text amendments are approved by City Council at a public hearing after a
recommendation is made by the Commission at a public hearing.
STAFF COMMENTS:
These proposed code amendments are in response to comments during the "Citizen
Housing Roundtable" earlier this year and a follow-up memorandum from the Mayor
encouraging planning staff to strengthen and simplify the ADU Program.
Staff has identified the major program elements in the attached text. Review criteria
are included as Exhibit A, A text version of the proposed ADU section appears as
Exhibit B, A summary of the proposed program is included as Exhibit C,
RECOMMENDED MOTION:
"I move to recommend City Council approve the proposed land use code
amendments regarding Accessory Dwelling Units as outlined in the Community
Development Department staff memorandum dated June 16, 1998,"
AL TERNA TIVE MOTION:
"I move to continue the public hearing to
following changes:
and direct staff to incorporate the
"
2
26.30.010
26.30.020
26.30.030
26.30.040
26.30.050
26.30.060
26.30.070
26.30.080
26.30.090
26.30.100
26.30.110
26.30.120
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Exhibit B
6.16.98
26.30
Accessory Dwelling Units
Purpose
Definition
Authority
Applicability
Design Standards
Calculations and Measurements
Deed Restrictions
Application
Procedure
Housing Agreement / Recordation
Enforcement
Amendments
26.30.010 Purpose
The purpose of the Accessory Dwelling Unit (ADU) Program is to promote the long-
standing community goal of socially, economically, and environmentally responsible
development patterns which balance Aspen the resort and Aspen the community. Aspen
values balanced neighborhoods and a sense of commonality between working residents
and part-time residents. ADUs represent viable housing opportunities for working
residents and allow employees to live within the fabric of the community without their
housing being easily identifiable as employee housing. ADUs also preserve this
dispersion when existing homes, which provide workforce housing, are significantly
redeveloped,
ADUs support local Aspen businesses by providing an employee base within the town
and providing a critical mass oflocal residents important to preserving Aspen's character.
ADUs also allow second home owners the opportunity to hire an on-site caretakers to
maintain their property in their absence, Increased employee housing opportunities in
close proximity to employment and recreation centers is an environmentally preferred
land use pattern which reduces automobile reliance,
To the extent Aspen desires Accessory Dwelling Units which provide viable housing
opportunities to local working residents and which maximize the livability of these units,
certain incentives are available to developers of ADUs. These incentives include:
. An exemption from the Growth Management Quota System for existing vacant lots of
record and for significant redevelopment of existing homes. '
. Floor area bonuses for ADUs which promote good living conditions,
Exhibit A - Page I
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. Floor area bonuses for ADUs which provide housing for lower income residents,
26.30.020 Definition
An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and
subordinate to the primary residence in size and character and located on the same lot or
contiguous lots under the same ownership as the primary residence in conformance with
the zone district in which it is located, All ADUs shall be developed in conformance with
this Section. also in definition section '
Because an ADU may only exist subordinate to a primary dwelling unit on the property
and cannot be sold as a separate unit, ADUs are not considered units of density with
regards to zoning requirements,
Detached ADUs are separated by IO feet or more from the primary residence and have a
maximum 450 square foot footprint. Detached ADUs may be connected to the primary
residence by a covered breezeway, Any ADU with an internal connection to the primary
residence shall be considered an attached ADU.
ADUs may qualifY for exemption from Allowable Floor Area calculations depending
upon their physical design, see 26.30,060 Calculations and Measurements.
26.30.030 Authority.
The Community Development Director, in accordance with the procedures, standards,
and limitations of this Chapter, shall approve, approve with conditions, or disapprove an
application for an Accessory Dwelling Unit pursuant to Section 26,52,
An application requesting a variation of these design standards shall be approved,
approved with conditions, or disapproved by the Planning and Zoning Commission, or by
the Historic Preservation Commission if the property is designated a Historic Landmark
or within a Historic Overlay District, pursuant to Section 26,64, Special Review,
26.30.040 Applicability
This Section applies to all zone districts within the City of Aspen in which an Accessory
Dwelling Unit is a permitted use, as designated in Section 26,28, and to all Accessory
Dwelling Units approved as a Conditional Use prior to the adoption of this Section.
26.30.050 Design Standards
A. General.
The following standards have been established tQ ensure a minimum level of performance
from Accessory Dwelling Units, These standards are provided in two categories: basic
Exhibit A - Page 2
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and exceptional. Both types of ADUs may be approved by the Community Development
Director. Exceptional ADUs and detached ADUs are eligible for exemption from the
calculation of allowable Floor Area, see 26,30.060 Calculations and Measurements
B. Basic Design Standards.
All ADUs shall conform to the following minimum design standards unless varied
through Special Review by the Planning and Zoning Commission, or by the Historic
Preservation Commission for properties designated a Historic Landmark or located
within a Historic Overlay District, pursuant to Section 26,64, Special Review:
. An ADU must contain between 300 and 700 net livable square feet, 10% of which
must be closet or storage area,
. An ADU must be able to function as a separate dwelling unit, This includes the
following:
I. An ADU must be separately accessible. This does not preclude a second
interior entrance to the primary residence,
2. An ADU must have separately accessible utilities. This does not preclude
shared services,
3. An ADU shall contain a kitchen including an oven, a stove with two burners,
a sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a
freezer.
4, An ADU shall contain a 3/4 bath.
. One parking space shall be designated on-site and shall remain available for the
benefit of the ADU resident.
. An ADU shall be located within the dimensional requirements ofthe zone district in
which it is located,
. The roof design shall prevent snow and ice from shedding upon an entrance to an
ADU,
. ADUs shall be developed in accordance with the requirements of this title which
apply to residential development in general. These include but are not limited to the
Uniform Building Code requirements related to adequate natural light, ventilation,
fire egress, fire suppression, and sound attenuation between living units, This
standard may not be varied,
. All ADUs shall be registered with the Housing AuthoritY and the property shall be
deed restricted in accordance with Section 26.30,070 Deed Restrictions, This
standard may not be varied,
C. Exceptional Design Standards.
The Aspen community desires ADUs which are developed in a way which maximize
livability and confer the greatest benefit the affordable housing inventory, Exceptional
ADUs are eligible for either a partial or full exemption from the calculation of allowable
Floor Area, see ADU Floor Area Incentives,
In addition to the minimum standards, ADUs meeting the following standards shall be
considered exceptional:'
Exhibit A - Page 3
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. An exceptional ADU shall contain a minimum of 600 net livable square feet.
. An exceptional ADU must provide a bedroom separate from general living areas. A
studio unit shall not qualify as an exceptional unit.
. An exceptional ADU shall be located 100% above natural or finished grade,
whichever is higher,
. An exceptional unit shall provide access to natural light beyond the minimum
requirements of the Uniform Building Code by 25% (125% of the UBC requirement),
If natural ventilation is utilized, the minimum ventilation shall also be increased by
25% (125% ofUBC requirement).
. An exceptional ADU shall contain two ofthe following features:
1. A full bath,
2. a full kitchen containing a 4 burner stove, a 12 cubic foot refrigerator, and
6 linear feet of counter surface.
3, a 50 square foot porch or deck.
4, a covered parking space.
. An exceptional ADU shall be registered with the Housing Authority and deed
restricted to mandatory occupancy.
. If developed in order to gain an exemption from the Growth Management Quota
System, an exceptional ADU shall be deed restricted to Category 2 rental restrictions,
If an exemption is not required, Exceptional ADU's may be restricted to Category 4
rental restrictions.
26.30.060 Calculations and Measurements
A. Floor Area.
Notwithstanding the calculation for Subgrade Areas, Accessory Dwelling Units (ADUs)
shall contribute to a property's Allowable Floor Area in the following manner:
Attached ADUs:
Basic ADUs shall contribute 100% towards a property's Allowable Floor Area.
Exceptional ADUs shall contribute 50% towards a property's Allowable Floor Area,
Detached ADUs:
Basic ADUs shall contribute 50% towards a property's Allowable Floor Area,
Exceptional ADUs shall contribute 0% towards a property's Allowable Floor Area.
Detached ADUs are separated by 10 feet or more from the primary residence and have a
maximum 450 square foot footprint. Detached ADUs may be connected to the primary
residence by a covered walkway. Any ADU with an internal connection to the primary
residence shall be considered an attached ADU,
Exhibit A - Page 4
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B. AbovelBelow Grade.
For the purpose of determining the percentage above or below grade, the surface area of
all exterior walls of an ADD shall be measured, Shared walls shall not be included in this
calculation,
An ADD is considered above grade if the exterior walls are 50% or more above natural or
finished grade, whichever is higher. An ADD is considered below grade if the exterior
walls are less than 50% above natural or finished grade, whichever is higher,
26.30.070 Deed Restrictions.
A. General.
All properties containing an ADD shall be deed restricted and the owner shall eriter into
an agreement with the Housing Authority to ensure compliance with this deed restriction
see. ADU recordation.
At a minimum, all ADDs shall be deed restricted in the following manner:
. All ADDs shall be registered with the Housing Authority,
. Any occupant of an ADD shall be qualified according to the current
Aspen/Pitkin County Housing Authority Guidelines.
. All ADDs shall be restricted to lease periods of no less then six months in
duration, Leases must be recorded with the Housing Authority,
B. Occupancy and Rental Restrictions.
Depending upon the physical design of an ADD and the circumstances under which it
was developed, properties containing ADDs shall be deed restricted with respect to
occupancy and rental price restrictions as described below,
Occupancy.
All ADDs developed in order to obtain an exemption from the Residential Growth
Management Quota System and all Exceptional ADDs granted a floor area exemption
shall be deed restricted for mandatory occupancy, see 26.100.050, Growth Management
An owner of the principal residence shall retain the right to select a qualified employee to
occupy the unit. For ADDs required to be occupied, the Housing Authority has the
ability to place a qualified renter in the ADD if the owner fails to do so within a
reasonable time, see 26,30,110 Enforcement,
All Basic ADDs developed voluntarily, or not in response to the Residential Growth
Management Quota System, shall not be required to be occupied,
Exhibit A - Page 5
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Rental Rates.
All Basic ADDs developed in order to obtain an exemption from the Residential Growth
Management Quota System and all shall be deed restricted in one ofthe following two
ways:
1. If the ADD is above grade, it shall be deed restricted to Category 4 rental
restrictions.
2, If the ADD is below grade, it shall be deed restricted to Category 3 rental
restrictions.
see 26,30,060 Calculations and Measurements
Category rental restrictions do not apply to any basic ADD developed voluntarily (when
an exemption from Growth Management is not sought)
Exceptional ADDs developed in order to obtain an exemption from the Residential
Growth Management Quota System or granted a 100% floor area exemption shall be
deed restricted to Category 4 rental restrictions.
Exceptional ADDs developed in order to obtain an exemption from the Residential
Growth Management Quota System and granted a 100% floor area exemption shall be
deed restricted to Category 2 rental restrictions,
26.30.080 Application
ADDs require a separate building permit. An application for an ADD shall be submitted
in conformance with Section 26.56, Development permitted as of right. A development
order for an ADD shall not be issued until all required agreements have been recorded,
see ADUrecordation.
Applications seeking a variance of the ADD design standards must first obtain a land use
approval. see 26,30,090 procedure,
26.30.090 Procedure
A. General. Pursuant to Section 26.52.020, Pre-Application Conference, Applicants are
encouraged to meet with a City Planner of the Community Development Department to
clarify any of the requirements of the ADD Program,
An ADD meeting,the design standards may proceed to building permit. An applicant
requesting a variance from the design standards must submit an application for Special
Review pursuant to Section 26,64, The Planning and Zoning Commission reviews all
Special Reviews considering the applicable criteria, If the property is a Historic
Exhibit A - Page 6
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Landmark or within a Historic Overlay District, the applicant may choose the Historic
Preservation Commission to consider the Special Review.
B. Special Review Criteria.
The Planning and Zoning Commission, or the Historic Preservation Commission if the
property is a Historic Landmark or within a Historic Overlay District, may vary the
Design Standards for an ADU by following the Special Review procedures set forth in
Section 26,64 if:
1, The Proposed ADU is designed in a manner which promotes the purpose of the
ADU program, promotes the purpose of the zone district in which it is proposed,
and promotes the unit's general livability ,
2. The proposed ADU is designed to be compatible with and subordinate in
character to the primary residence considering all dimensions, site, configuration,
landscaping, privacy, and historical significance of the property.
3, The proposed ADU is designed in a manner which is compatible with or enhances
the character of the neighborhood considering all dimensions, density, designated
view planes, traffic, availability of on-street parking, availability of transit
services, and walking proximity to employment and recreational opportunities,
C. Development Order.
A development order may be issued subsequent to recordation of all required deed
restrictions and agreements and any land use approvals necessary, see ADUrecordation
If the ADU is being developed in order to gain a growth management exemption for the
primary residence, the Building Permits may only be issued jointly,
D. Inspection and Acceptance.
Prior to issuance of a Certificate of Occupancy, the AspenlPitkin County Housing
Authority, or the Chief Building Official, shall inspect the ADU for compliance with the
Design Standards, Any un-approved variations from these standards shall be remedied
prior to issuance of a Certificate of Occupancy,
Certificate of Occupancy required for the primary residence shall only be issued
subsequent to, or in conjunction with, issuance of a Certificate of Occupancy for the
Accessory Dwelling Unit.
26.30.100 Housing Agreement / Recordation
A. General.
Prior to receipt of a building permit for an Accessory Dwelling Unit, the applicant and the
AspenlPitkin County Housing Authority shall enter into an agreement binding the real
Exhibit A - Page 7
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property to such deed restrictions and design standards as set forth above, or as amended
by either the Planning and Zoning Commission or the Historic Preservation Commission,
The form of this agreement and the process for recordation are described below,
B. Form of Agreement.
The Aspen/Pitkin County Housing Authority shall provide a standard form for recording
Accessory Dwelling Unit deed restrictions, Variations to the design standards shall be
noted on this form and a copy of any land use Resolutions shall be attached, This
agreement shall bind the property owner to such deed restriction as required by this
Section and shall grant the Housing Authority the ability to enforce compliance. This
includes the Housing Authority's ability to place a qualified employee in a ADU that is
deed restricted to mandatory occupancy if the owner fails to choose an occupant after two
months of vacancy. see ADUenforcement
C. Recordation.
An agreement binding the property shall be recorded with the Pitkin County Clerk and
Recorder by the applicant. There is per page recordation fee, The book and page
recordation shall be noted in the building permit plans,
All ADUs shall be registered with the Housing Authority. Leases shall be recorded with
the Housing Authority and kept current.
26.30.110 Enforcement.
A. General.
The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the recorded
agreement between the property owner and Aspen/Pitkin County Housing Authority,
Property owners in violation of the recorded housing agreement may be subject to court
action,
B. Rental Rates and Occupancy.
A Category rental rate restriction establishes a maximum monthly lease rate for an ADU
and defines the asset and income limitation of an occupant. Lease rates may not exceed
these restrictions, These lease rates are part of the Aspen/Pitkin County Housing
Guidelines and are amended each year, ADU rental rates may be adjusted to reflect these
yearly changes.
ADUs shall be rented for lease periods of no less than six months. The occupant shall be
a resident of Pitkin County qualified with the Aspen/Pitkin County Housing Authority's
Guidelines for the respective Category deed restriction, The owner shall retain the right
to select a qualified renter.
ADUs which are deed restricted to mandatory occupancy shall be occupied, If the owner
of the ADU fails to select a qualified renter and the ADU is vacant for more than two
months, the Aspen/Pitkin County Housing Authority shall select a qualified renter to
Exhibit A - Page 8
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EXHIBIT C
SUMMARY OF ADU PROGRAM
6.16,98
Simplicity:
A goal of this ADD Program is to lessen the amount of review time and complexity for
applicants proposing ADD's, The new ADD Program would allow applicants to proceed
automatically to a building permit. The requirements for the ADD would be checked by
staff during this review,
The design standards ensure a level of performance from the resulting ADDs and reflect
typical conditions of approval applied to proposed ADDs through the current program,
Applicants wanting to amend the design standards could still do so with the Planning and
Zoning Commission,
Effectiveness:
One goal of this new ADD Program is to ensure the community a commensurate benefit
with an exemption from growth management and/or significant exemption from the
calculation of floor area, ADDs developed in order to gain an exemption from GMQS
would be required to be occupied and rental restrictions would apply depending upon the
physical design of the unit.
Voluntary units (when a GMQS exemption is not needed) could still be developed
without mandatory occupancy and rental restrictions, However, if an applicant developed
an Exceptional unit (a floor area incentive) this unit would need to be rented and
restricted to Category 4
Code Simplicity:
This set of code revisions would create a new Section of the Land Dse code specifically
for ADDs, This would provide a single place in the code where one could reference all of
the City's requirements for developing an ADD.
Zoning Summary page 1
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission ,. / r
/ I
Stan Clauson, Community Development Direct"-rl /'
Julie Ann Woods, Dep\lty Director -. V
Christopher Bendon, Planner ~
ADU Program Changes -- Public Hearing
THRU:
FROM:
RE:
DATE:
May 5,1998
SUMMARY:
The Mayor and City Council have directed,staffto bring forward amendments to the
ADO Program, The purpose of this directive is to increase the effectiveness of the
program and to simplify the process for approval.
Staff presented a series of program objectives to the Housing Board and the Planning
and Zoning Commission in worksessions. This list included provisions for ADOs
becoming permitted uses in all residential zone districts, mandatory occupancy,
Category rental restrictions, and incentives for premium units,
With the comments from the two Boards, staff has prepared a more structured set of
code provisions which incorporate the major themes discussed in the worksessions.
Staff has identified the code Sections which should be amended and has suggested a
series of changes to these sections, These proposed changes are not in a final
version. Staff's objective with this public hearing is to review the proposed changes
and identify the Commission's and the public's concerns, desires, and general
reaction to the ADO Program as outlined before bringing a final recommended
Resolution to the Commission, The proposed changes are outlined in the attachment.
Staff recommends the Planning and Zoning Commission consider the attached
text and take and consider public comment. Each ofthe major program
elements should be discussed and suggestions given to staff. Finally, the
Commission should continue the public hearing to June 2, 1998.
REVIEW PROCEDURE:
Text amendments are approved by City Council at a public hearing after a
recommendation is made by the Commission at a public hearing,
STAFF COMMENTS:
Staff has identified the major program elements in the attached text, The
Commission should review each of these elements with staff during the hearing.
RECOMMENDED MOTION:
"I move to continue this public hearing on the ADO Program to June 2, 1998."
1
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Exhibit A
ADD Program 5.5.98
ADD. Purpose
ADD . Definition
ADD. Authority
ADD . Applicability
ADD . Design Standards
'ADD. Calculations and Measurements
ADD. Deed Restrictions
ADD . Application
ADD. Procedure
ADD . Housing Agreement / Recordation
ADD . Enforcement
ADD . Amendments
ADD. Purpose
The purpose of the Accessory Dwelling Unit (ADU) Program is to promote the long-
standing community goal of promoting socially, economically, and environmentally
responsible development patterns which balance Aspen the resort and Aspen the
community. Aspen values balanced neighborhoods and a sense of commonality between
working residents and part-time residents. ADUs represent viable housing opportunities
for working residents and allow employees to live within the fabric of the community
without their housing being easily identifiable as employee housing. ADUs also preserve
this dispersion when existing homes, which provide workforce housing, are significantly
redeveloped,
ADUs support local Aspen businesses by providing an employee base within the town
and provides a critical mass oflocal residents important to preserving Aspen's character.
ADUs also allow second home owners the opportunity to hire an on-site caretakers to
maintain their property in their absence. Increased employee housing opportunities in
close proximity to employment and recreation centers is an environmentally preferred
land use pattern which reduces automobile reliance,
To the extent Aspen desires Accessory Dwelling Units which provide viable housing
opportunities to local working residents and which maximize the livability of these units,
certain incentives are available to developers of ADUs. These incentives include an
exemption from the Growth Management Quota System for older vacant lots and for
significant redevelopment of existing homes, floor area bonuses for ADU s which
promote good living conditions for their inhabitants, and floor area bonuses for ADU s
which provide housing for lower income residents.
Exhibit A - Page I
I"""'--
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ADU . Definition
An Accessory Dwelling Unit or ADU means a separate dwelling unit incidental and
subordinate to the primary residence in size and character and located on the same lot or
contiguous lots under the same ownership as the primary residence in conformance with
the zone district in which it is located, All ADUs shall be developed in conformance with
this Section, also in definition section
Detached ADUs are separated by 10 feet or more from the primary residence and have a
maximum 450 square foot footprint, Detached ADUs may be connected to the primary
residence by a covered walkway. Any ADU with an internal connection to the primary
residence shall be considered an attached ADU,
An ADU may qualify for an exemption from floor area calculations if it is either detached
or considered exceptional. see ADUcalculations and measurements,
ADU .Authority.
The Community Development Director, in accordance with the procedures, standards,
and limitations of this Chapter, shall approve, approve with conditions, or disapprove an
application for an Accessory Dwelling Unit pursuantto Section 26.52.
An application requesting a variation of these design standards shall be approved,
approved with conditions, or disapproved by the Planning and Zoning Commission, or by
the Historic Preservation Commission if the property is designated a Historic Landmark
or within a Historic Overlay District, pursuant to Section 26.64, Special Review.
ADU. Applicability
This Section applies to all zone districts within the City of Aspen in which an Accessory
Dwelling Unit is a permitted use, as designated in Section 26,28, and to all Accessory
Dwelling Units approved as a Conditional Use prior to the adoption of this Section.
ADU. Design Standards
To ensure a minimum level of performance from Accessory Dwelling Units without
review by a Board, the following standards have been established. These standards are
provided in two categories: basic and exceptional. Both types of ADUs may be approved
by the Community Development Director. Exceptional ADUs and detached ADDs may
qualify for a Floor Area incentive. see ADUF AR Calculations and Measurements
Basic Design Standards. All ADUs shall conform to the following minimum design
standards unless varied through Special Review by the Planning and Zoning
Commission, or by the Historic Preservation Commission for properties designated a
Historic Landmark or located within a Historic Overlay District, pursuant to Section
26,64, Special Review:
Exhibit A - Page 2
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In addition to the minimum standards, ADUs meeting the following standards shall be
considered exceptional:
· An exceptional ADU shall contain a minimum of 600 net livable square feet.
· An exceptional ADU must provide a bedroom separate from general living areas, A
studio unit shall not qualify as an exceptional unit.
. An exceptional ADU shall be located 100% above grade.
· An exceptional unit shall provide access to natural light and air beyond the minimum
requirements of the Uniform Building Code. Quantify
. An exceptional ADU shall be registered with the Housing Authority, deed restricted
to mandatory occupancy, and Category 2 rental restrictions.
. An exceptional ADU shall contain two of the following features:
Exhibit A - Page 3
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1. A full bath and a full kitchen, quantify
2. a 50 square foot porch.
3. a 50 square foot deck.
4, a covered parking space,
ADD . Calculations and Measurements
Floor Area.
Notwithstanding the calculation for subgrade areas, Accessory Dwelling Units (ADUs)
shall contribute to a property's Allowable Floor Area in the following manner:
Attached ADUs:
Basic ADUs shall contribute 100% towards a property's Allowable Floor Area,
Exceptional ADUs shall contribute 50% towards a property's Allowable Floor Area.
Detached ADUs:
Basic ADUs shall contribute 50% towards a property's Allowable Floor Area.
Exceptional ADUs shall contribute 0% towards a property's Allowable Floor Area,
Detached ADUs are separated by 10 feet or more from the primary residence and have a
maximum 450 square foot footprint. Detached ADUs may be connected to the primary
residence by a covered walkway, Any ADU with an internal connection to the primary
residence shall be considered an attached ADU,
Above/Below Grade.
For the purpose of determining the percentage above or below grade, the surface area of
all exterior walls 'Ofan ADU shall be measured. Shared walls shall not be included in this
calculation.
An ADU is considered above grade if the exterior walls are 50% or more above natural or '
finished grade, whichever is higher. An ADU is considered below grade if the exterior
walls are less than 50% above natural or fmished grade, whichever is higher.
ADD. Deed Restrictions.
General.
All properties containing an ADU shall be deed restricted and the owner shall enter into
an agreemept with the Housing Authority to ensure compliance with this deed restriction
see. ADU recordation.
At a minimum, all ADUs shall be deed restricted in the following manner:
Exhibit A - Page 4
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. All ADDs shall be registered with the Housing Authority,
. Any occupant of an ADD shall be a qualified employee.
. All ADDs shall be restricted to lease periods of no less then six months in
duration. Leases must be recorded with the Housing Authority.
Depending upon the physical design of an ADD and the circumstances under which it
was developed, properties containing ADDs shall be deed restricted with respect to
occupancy and rental price restrictions as described below.
Occupancy.
All ADDs developed in order to obtain an exemption from the Residential Growth
Management Quota System shall be deed restricted for mandatory occupancy, 'see
,26,100.050. An owner of the principal residence shall retain the right to select a qualified
employee to occupy the unit. The Housing Authority shall retain the right to place a
qualified employee in the ADD if the owner fails to do so within a reasonable time. see
ADU enforcement,
. All ADDs developed voluntarily, or those not required to obtain an exemption from the
Residential Growth Management Quota System, shall not be required to be occupied.
Rental Rates.
All ADDs meeting the minimum design standards and developed in order to obtain an
exemption from the Residential Growth Management Quota System shlul be deed
restricted in one of the following two ways:
I. If the ADD is above grade, it shall be deed restricted to Category 4, or lower,
rental restrictions.
2. If the ADD is below grade, it shall be deed restricted to Category 3, or lower,
rental restrictions.
see ADU Calculations and Measurements
All ADDs meeting the minimum design standards and not developed in order to obtain an
exemption from the Residential Growth Management Quota System shall be deed d
restricted to R~, Resident Occ~pied. AI!'k.f.~'" ~ jf " t~ ,';,., wh~ r(,(L
~I f~ to rAt'd, f'4.< .lH)u /) "'(I'-"*"'-I ,~ ~o~~ fJr" .,~~ ~-<<C.I
Ih order for an ADD to qualify as an exceptional ADD, it must be deed restricted to c:' ...,toie4 f4.t
Category 2, or lower, rental restrictions regardless of the circumstances under which it ~'lA..i ~
was developed. Exceptional ADDs are eligible for a Floor Area incentive. see pv1~d...:. ""
ADUcalculations and measurements ~ ~ ~$
-r,h",cllP-e cl<<d
rqhf441 iz. ~ ~
a$ tlfJJ;t/fij~ ~.'"
Exhibit A -Page 5
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ADD. Application
An application for an ADD shall be submitted in conformancewith Section 26,56,
development permitted as of right. ADDs require a separate building permit. A
development order for an ADD shall not be issued until all required agreements have
been recorded. see ADUrecordation,
ADDs not meeting the basic design standards must proceed through a land use review.
see ADU procedure,
ADD. Procedure
A. General. Pursuantto Section ****, Pre-Application Conference, Applicants are
encouraged to meet with a City Planner of the Community Development Department to '
clarify any of the requirements of the ADD Program,
An ADD meeting the design standards may proceed to building permit. An applicant
requesting a variance from the design standards must submit an application for Special
Review pursuant to Section 26.64, The Planning and Zoning Commission reviews all
Special Reviews considering the applicable criteria. If the property is a Historic
Landmark or with a Historic Overlay District, the applicant may choose the Historic
Preservation Commission to consider the Special Review.
B. Special Review Criteria.
The Planning and Zoning Commission, or the Historic Preservation Commission if the
property is a Historic Landmark or within a Historic Overlay District, may vary the
Minimum Design Standards for an ADD by following the Special Review procedures set
forth in Section 26.64 if:
I. The Proposed ADD is designed in a manner which promotes the purpose of the
ADD program, promotes the purpose of the zone district in which it is proposed,
and promotes the unit's general livability.
2, The proposed ADD is designed to be compatible with and subordinate in
character to the primary residence considering all dimensions, site configuration,
landscaping, and privacy.
3. The proposed ADD is designed in a manner which is compatible with or enhances
the character of the neighborhood considering all dimensions, density, designated
view planes, traffic, availability of on-street parking, availability of transit
services, and walking proximity to employment and recreational opportunities.
Development Order.
A development order may be issued subsequent to recordation of all required deed
restrictions and agreements and any land use approvals necessary, see ADUrecordation
Exhibit A - Page 6
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ADD. Housing Agreement / Recordation
General.
Prior to receipt of a building permit for an Accessory Dwelling Unit, the applicant and the
Aspen/Pitkin County Housing Authority shall enter into an agreement binding the real
property to such deed restrictions and design standards'as set forth above, or as amended
by either the Planning and Zoning Commission or the Historic Preservation Commission.
The form of this agreement and the process for recordation are described below.
Timing.
Any building permit required for the Accessory Dwelling Unit shall only be issued
subsequent to recordation of the Housing Agreement with the County Clerk and
Recorder. If a building permit is required for a residence to which the proposed ADU is
accessory, such permit may only be issued subsequent to, or jointly with, the building
permit for the ADU. Any Certificate of Occupancy required for the primary residence
shall only be issued subsequent to, or jointly with, issuance ofa Certificate of Occupancy
for the ADU,
Form of Agreement.
The Aspen/Pitkin County Housing Authority shall provide a standard foim for recording
Accessory Dwelling Unit deed restrictions. Variations to the design standards shall be
noted on this form and a copy of any land use Resolutions shall be attached. This
agreement shall bind the property owner to such deed restriction as required by this
Section and shall grant the Housing Authority the right to enforce compliance, This
includes the Housing Authorities right to place a qualified employee in a ADU deed
restricted to mandatory occupancy if the owner fails to choose an occupant after two
months of vacancy, see ADUeriforcement
Recordation.
An agreement binding the property shall be recorded with the Pitkin County Clerk and
Recorder by the applicant. The process for recordation goes here, There is per page
recordation fee. The book and page recordation shall be noted in the building permit
plans.
All ADUs shall be registered with the Housing Authority. Leases shall be recorded with
the Housing Authority,
ADD. Enforcement.
General.
A development order for an ADD shall only be issued subsequent to recordation of the
Housing Agreement, pursuant to section ADUrecordation, with the County Clerk and
Recorder, The Aspen/Pitkin County Housing Authority, or their designee, shall have the
right to enforce the recorded agreement between the property owner and Aspen/Pitkin
County Housing Authority. Property owners in violation of the recorded housing
agreement may be subject to court action including a per-day monetary fine.
Exhibit A - Page 7
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Inspection and Acceptance of ADU.
Prior to issuance ofa Certificate of Occupancy, theAspenlPitkin County Housing
Authority, or the Chief Building Official, shall inspect the ADU for compliance with
Section ADU.design. Any un-approved variations from these standards shall be rectified
prior to issuance of a Certificate of Occupancy,
Any Certificate of Occupancy required for the primary residence shall only be issued
subsequent to, or in conjunction with, issuance of a Certificate of Occupancy for the
Accessory Dwelling Unit.
Rental Restrictions.
ADUs shall be deed restricted to a rental price restriction as defined in Section ADU.
deed restrictions. This restriction establishes a maximwn monthly lease rate for an ADU
and defines the asset and income limitation of an occupant. Lease rates may not exceed
these restrictions. Leases must be recorded with the Housing Authority,
The Housing Guidelines are amended each year, ADU rental rates may be adjusted to
reflect these yearly changes.
, Occupancy.
Occupied ADUs shall be rented for lease periods of no less than six months. The
occupant shall be a resident of Pitkin County qualified with the AspenlPitkin County
Housing Authority's Guidelines for the respective Category deed restriction. The owner
shall retain the right to select a qualified renter,
ADUs which are deed restricted to mandatory occupancy shall be occupied. If the owner
of the ADU fails to select a qualified renter and the ADU is vacant for more than two
months, the AspenlPitkin County Housing Authority shall select a qualified renter to
occupy the ADU, The lease period for this renter shall be six months, after which time
the owner shall have the option of renewing the lease or selecting a new occupant.
ADU. Amendment of Development Order
Insubstantial Amendment. An insubstantial amendment to an approved development
order for an Accessory Dwelling Unit may be authorized by the Community
Development Director. An insubstantial amendment shall not include:
. Any change which alters the operational characteristics or policy requirements of the
ADU.
. Any change which increases design variations granted through a Special Review.
. Any change which represents a significant change in an existing ADU or including
demolition of an existing ADU.
Exhibit A - Page 8
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Other Amendments. All other amendments to an approved development order for an
Accessory Dwelling Unit shall conform to the requirements of this Section.
GMQS
26.100.050 Exemptions.
Several types of development are eligible for exemption from the residential and tourist
accommodations growth management competition and scoring procedures of this article. Some
types of exempt development are deducted from the pool of annual development allotments and
metro area development ceilings; others are not. This section describes the types of development
that are exempt from growth management competition and scoring, The provisions are organized
in tenns of the decision-making entity with responsibility and authority for considering
exemption requests, The regulations also describe whether exemptions are to be deducted from
the pool of annual development allotments and the metro area development ceilings, See
"Allocation Procedures for Exempt Development," Section 26.100.060(B). An exemption may
not be sought for any parcel for which any other development allotment is being sought or is
approved
A, Exemption by Community Development Director.
1. General.
a, Timing ,of exemption request. No development shall be'considered for an
exemption by the Community Development Director until a complete building pennit
application has been submitted pursuant to Section 26.52.070,
b, Delayed reconstruction of demolished dwelling, hotel and lodge units, An
exemption request that includes a request for an extension of the three-year deadline on
reconstruction of demolished dwelling, hotel and lodge units shall be accompanied by an
improvements survey of the structure. No demolition shall occur until the Community
Development Director has verified the improvements survey.
2, Community Development Director exemptions that are not deducted from the
pool of annual development allotments or from the metro area development ceilings, The
following exemptions shall not be deducted from the respective annual development allotment
established pursuant to Section 26,100.040 or from the qJ.etro area development ceilings
established pursuant to Section 26,100,030.
a. Remodeling, restoration, expansion, or reconstruction of existing buildings,
Remodeling, restoration, or expansion, of existing lodge and multi-family buildings.
Exhibit A - Page 9
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The remodeling, restoration, or expansion of an existing lodge or multi-family building shall
be exempt from the growth management competition and scoring procedures, provided that
no additional dwelling, hotel, or lodge units are created, such development is in compliance
with Section *** Resident Multi-Family Housing Replacement Program, and no change of
use is involved. No bandit unit shall be remodeled, restored, or expanded unless it has first
been legalized pursuant to Section 26.40.090. .
Reconstruction of demolished lodge buildings.
Rec0nstruction of demolished lodge buildings shall be exempt from the growth management
competition and scoring procedures, in accordance with the following standards:
(a) The applicant shall verify, by a letter submitted to and approved by the Community
Development Director, the number of existing legal units on the property prior to
demolition and shall agree that reconstruction will occur pursuant to the terms of this
Title.
(b) An applicant may propose to demolish and then delay the reconstruction of existing
hotel or lodge units, Reconstruction shall occur within five (5) years of demolition,
unless an extension of this deadline is granted by the City Council for good cause.
(c) (c) Any building that is demolished shall be limited to reconstruction onthe same
'parcel or on a contiguous parcel owned by the applicant.
Reconstruction of demolished multi-family buildings. '
Reconstruction of demolished multi-family buildings shall be exempt from the growth
management competition and scoring procedures, in accordance with the following standards:
a) The applicant shall verify, by a letter submitted to and approved by the Community
Development Director, the number of existing legal units on the property prior to
demolition and shall agree that reconstruction will occur pursuant to Section
26.48.030 Resident Multi-Family Housing Replacement Program and the terms of
this Title.
b) Any building that is demolished Shall be limited to reconstruction on the same parcel
or on a contiguous parcel owned by the applicant, unless it is determined that
reconstruction shall be permitted off-site pursuant to Section 26.48,030.
c) No bandit unit shall be reco~structed unless it has first been legalized pursuant to
Section 26.40.090,
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Remodeling, restoration, or minor expansion of an existing single-family or duplex
structures. The remodeling, restoration, or expansion by not more than one-thousand (1,000)
square feet of Floor Area of existing single-family or duplex dwellings which does not alter the
number of dwelling units shall be exempt from growth management. Phased expansions are
cumulative.
??? Affordable Housing Impact Fee
, Exhibit A . Page 10
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Major expansion of existing single-family or duplex structures. The expansion by more
than one-thousand (1,000) square feet of Floor Area of one or two detached residential units or a
duplex shall be exempt from the growth management competition and scoring procedures if the
following standards are met:
I. Single-family. In order to qualify for a single-family exemption, the applicant shall have
three options:
A, providing an accessory dwelling unit pursuant to Section ADU
B, paying the applicable affordable housing impact fee
C, recording a resident-occupancy deed restriction on the single-family dwelling
unit being expanded,
, II. Duplex. In order to qualify for a duplex exemption, the applicant shall have five options:
A, providing one free market dwelling unit and one deed restricted, resident-
occupied dwelling unit with a minimum floor area of one thousand five hundred
(1,500) square feet
B. providing two free market dwelling units and one accessory dwelling unit,
pursuant to Section ADU, with a minimum floor area of six hundred (600) net
livable square feet
C, providing two free market dwelling units and two accessory dwelling units
pursuant to Section ADU
D, providing two deed restricted, resident-occupied dwelling units; or
E, paying the applicable affordable housing impact fee,
Construction, reconstruction after demolition, or conversion of a single-family or
duplex structure. The construction of one or two detached residential units or a duplex
dwelling on a lot that was subdivided or was a legally described parcel prior to November 14,
1977, or which was created through a lot split or historic lot split, or the replacement after
demolition of one or two detached residential units or a duplex dwelling, or the conversion of a
single family dwelling into a duplex dwelling, or the conversion of a duplex dwelling into a
single-family dwelling shall be exempt from the competition and scoring procedures if the
following standards are met:
I. Single-family. In order to qualify for a single-family exemption, the applicant shall have
three options:
A. providing an accessory dwelling unit pursuant to Section ADU
B. paying the applicable affordable housing impact fee
C, recording a resident-occupancy deed restriction on the single-family dwelling
unit being expanded,
II. Duplex. In order to qualify for a duplex exemption, the applicant shall have five options:
A, providing one free market dwelling unit and one deed restricted, resident-
occupied dwelling unit with a minimum floor area of one thousand five hundred
(1,500) square feet
Exhibit A - Page 11
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B. providing two free market dwelling units and one accessory dwelling unit,
pursuant to Section ADU, with a minimum floor area of six hundred (600) net
livable square feet
C, providing two free maIket dwelling units and two accessory dwelling units
pursuant to Section ADU
D, providing two deed restricted, resident-occupied dwelling units; or
E, paying the applicable affordable housing impact fee,
Affordable Housing Impact Fee (not part of noticed public hearing)
26.48.010 Applicability.
The provisions of this Chapter 26.48 shall apply in the calculation ofthe affordable
housing impact fee required in Section 26,1 00.040(A) ,
26.48.020 Calculatiou of affordable housing impact fee.
The amount of the affordable housing impact fee is based on the public cost to
provide affordable housing as a result of the activity for which the fee is required. The
formula shall multiply the cash-in-lieu paymen.t established from time to time by the
Aspen/Pitkin County Housing Office for moderate income employees and the square
footage of the subject development, The formula assumes that for every three thousand
(3,000) square feet of new single-family or duplex floor area that the public will be
required to provide housing for one moderate income employee: The per square foot fee
shall be determinet as follows:
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average of cash-in-lieu amount for Category 2 and 3
3,000 s.f,
The residential square footage of the subject development shall be determined by
calculating one of the following:
. the residential floor area constructed as a result of the demolition of a single-family or
duplex dwelling unit (the floor area of a demolished dwelling unit shall not constitute
a credit)
. the new residential floor area constructed as a result of the significant expansion of a
single-family or duplex dwelling unit. (the floor area of the existing dwelling unit
shall constitute a credit)
. the new residential floor area constructed on a previously vacant lot.
. the floor area of a structure converted from a single-family to a duplex residence or
from a duplex to a single-family residence.
The per square foot impact fee and the subject square footage being shall be multiplied to
determine the cash-in-lieu payment as follows:
Exhibit A - Page 12
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(per s.f.lmpact fee) X (subject s.f,) = cash-in~lieu payment.
This fee shall be paid in full to the City of Aspen after acceptance of the fee, pursuant to
Section. acceptance
26.Acceptance of Affordable Impact Fee:
Process for approval.
Review by the Planning and Zoning Commission or by the HPC for Historic properties, as a
Special Review,
Criteria, meet 1,2 & 3 or meet #4
I, Providing an ADU on-site presents a hardship,
2. Providing an ADU on-site will significantly detract from a historic resource located on the
same property,
3, Providing an ADU on-site would be in conflict with the AACP, with the purpose of die zone
, district in which it would be located, or would significantly detract from the character of the
neighborhood,
4, The owner of the principal residence is a local working resident and wishes to defer the
payment of the impact fee pursuant to Section 26.48,030,
26.48.030 Deferral of affordable housing impact fee.
If the owner of a single-family or duplex unit for which an affordable housing impact fee
is due is a qualified working resident, as that tenn is defined herein, the obligation to pay the
impact fee may be deferred, at the owners request, until such time as the dwelling unit is sold to
a buyer who is not a qualified working resident. Furthennore, the amount of the impact fee
which is deferred shall be adjusted at the time of resale in proportion to the change in value of
the subject dwelling unit from the value at the time the obligation for the impact fee was incurred
to the value on the date of closing, The value at the time that the impact fee is due shall be
detennined by the chief building official on the basis of a current appraisal, a reliable opinion of
value, assessed valuation, or such other method as deemed appropriate. The value on resale shall
be the value of the total consideration paid by the buyer, In no case shall the fee be adjusted
downward to an amount less than twenty-five (25) percent, or upward to an amount greater than
fifty (50) percent, of the impact fee which was deferred, The obligation for the impact fee and ,
the value of the dwelling unit at the time the obligation is incurred shall be set forth in a written
document, signed by the owner or owners of the subject dwelling unit, and recorded in the
records of the Pitkin County Clerk and Recorder prior to the issuance of a certificate of
occupancy, (Ord, No. 1-1990, ~ 3: Code 1971, ~ 5-703)
Exhibit A - Page 13
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RECEiVED
MAR 2 6 1998
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COMMu~pevELCPMENrohn Bennett, City of Aspen Mayor
FROM:
Suzanne Konchan, Pitkin County Manager
RE:
County Caretaker UnitlEmployee Dwelling Unit Program
DATE:
March 17, 1998
The Board of County Gommissioners asked that I relay to you a recent discussion they had
regarding the County's Caretaker and Employee Dwelling Unit Programs, This discussion
was prompted by your memorandum to the Board regl\l"ding the proposed modifications to
the City's Accessory Dwelling Unit Program.
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As I am sure that you are aware, the County's Caretaker and Employee Dwelling Unit
Programs are similar, but distinctly different from, the City's Accessory Dwelling Unit
Program. The County does not have an equivalent to the City's Ordinance I, thus both our
, Caretaker and Employee Dwelling Unit Programs are voluntary. Their key ingredients
include:
Caretaker Units
. Maximum size of700 square feet of net Jivable area
. May be rented or left vacant at the sole discretion of the property owner
. If rented, must be rented to a qualified employee of Pitkin County (however there are no
income or asset restrictions)
· May be occupied by a close relative of the property owner, defined as first cousin or
closer relative
. May be rented for whatever the market will bear
· Attached caretaker units are administratively approvable on any property within the
County, if no significant 1041 hazards are affected by the unit
. Detached units require approval by the Board of County Commissioners on non-
conforming lots and/or if significant 1041 hazards are affected by the unit
Employee Dwelling Unit
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Maximum size of 1500 square feet of net livable area
· Must be rented by property owner; if left vacant for more than 90 days may be filled by
the Housing Office with a qualified employee
'. Renters must be qualified Pitkin County employees (however there are no income or
asset restrictions)
Can only be rented at the maximum Category 3 rental limit under the Housing
Guidelines
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During their discussion, several key points were made that the Board felt were important to
relay to you and the City Council. The first discussion point is the fact that the County is
engaged in analyzing the impacts of free market homes in the County. Initial elements of
this study were disclosed at the Housing Roundtable in January. Gabe Preston, our newest
Planner in Community Development, has been completing his analysis and shortly we will
begin a dialogue regarding potential new mitigation programs that may include modified
housing mitigation for free market residential construction. There may be some desire to
utilize, in a modified form, some version of an Ordinance I "type" program. *'
Secondly, the County continues to receive requests from property owners for detached guest
houses, The desires of the free market for a guest house tend to be subSlllI1tially different
than the restrictions that we apply to either caretaker or employee dwelling units. Some
form of employee mitigation has been discussed relative to the potential development of a
guest house program. A second issue that has been discussed with relation to guest houses is
a link to the County's Transfer of Development Rights Program; However, these
discussions are in their infancy stage and no decisions or clear course of action have been
chosen.
Also, the County completed a survey of those constructed caretaker and employee dwelling
units in the County, similar to the survey completed for the City regarding accessory
dwelling units. The results of our survey were substantially different than the results of the
..k. City's survey, inasmuch as 80% of our respondents indicated that caretaker units were, in
Y fact, occupied by qualified employees. This high occupancy rate, if accurate, may be
attributable to a number of factors. One of the most commonly offered comments from
property owners, was the fact that the voluntary program was an important element in their,
consideration to proceed with the approval and construction of a caretaker unit. Clearly,
1..5..aretaker units are much more popular than employee dwelling units. We believe this is
largely attributable to the fact that they may remain unoccupied without threat of the
Housing Office placing an unknown tenant in the unit. Despite the very optimistic results of
this survey, the County recognizes that there needs to be constant review of this program,
including subsequent surveys. Weare also interested in some of your ideas regarding
making the caretaker/employee unit process more user friendly. However, as with many
issues, there is not unanimity of thought with regard to the future of these programs,
The Board appreciated your memorandum and wanted to let you know that it stimulated
useful discussion at their March 3rd Work Session. As any of these issues evolve further, we
will be sure to keep you informed.
cc: BOCC
"~en.un I
Cindy Houben
Dave Tolen
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Key Points of ADU Program.
1. Simplify Approval Process.
. ADU become a permitted use in Residential Zones,
. Vary the Design Standards with P&Z
2. Increase Effectiveness
. Exemption from GMQS = Mandatory occupancy and rental
restrictions.
. FAR Incentives for better ADUs
3. Code Simplification
. Section 26.30 Accessory Dwelling Units
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Basic Design Standards.
. 300 - 700 net livable squ~e feet, 10% closet or storage area.
. Separate dwelling unit. This includes the following:
1. An ADU must be separately accessible. This does not
preclude a second interior entrance to the primary
residence.
2. An ADU must have separately accessible utilities. This
does not preclude shared services.
3. An ADU shall contain a kitchen including an oven, a stove
with two burners, a sink, and a refrigerator with a
minimum of 6 cubic feet of capacity and a freezer.
4. An ADU shall contain a 3/4 bath.
. One parking space.
. Located within the zone district requirements.
. The roof design shall prevent snow and ice from shedding upon
an entrance to an ADU.
. ADU s shall be developed in accordance with the requirements
of this title which apply to residential development in general.
These include but are not limited to the Uniform Building Code
requirements related to adequate natural light, ventilation, fire
egress, fIre suppression, and sound attenuation between living
units. This standard may not be varied.
. AllADUs shall be registered with the Housing Authority and
the property shall be deed restricted in accordance with Section
26.30.070 Deed Restrictions. This standard may not be varied.
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Exceptional Design Standards.
. 600 net livable square feet.
. A bedroom separate from general living areas. A studio unit
shall not qualify as an exceptional unit.
. Located 1 00% above natural or finished grade, whichever is
higher.
. An exceptional unit shall provide access to natural light beyond
the minimum requirements of the Uniform Building Code by
25% (125% of the UBC requirement). If natural ventilation is
utilized, the minimum ventilation shall also be increased by
25% (125% ofUBC requirement).
. An exceptional ADU shall contain two of the following
features:
1. A full bath.
2. A full kitchen containing a 4 burner stove, a 12 cubic
foot refrigerator, and 6 linear feet of counter surface.
3. A 50 square foot porch or deck.
4. A covered parking space.
. Deed restricted to mandatory occupancy.
. GMQS Exemption = Category 2.
. Voluntary = Category 4.
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MEMORANDUM
TO:
John Worchester, City Attorney
David Hoefer, Assistant City Attorney
Christopher Bendon, Planner ~
ADU Program Changes
FROM:
RE:
DATE:
April 30, 1998
Staffis bringing forward changes to the ADU program which promote ADUs as a
permitted in residential zones use but would require deed restricting those units to a
Category rental price and mandatory occupancy,
Under this proposal, an owner could still proceed through GMQS, Gaining an Exemption
from GMQS with a cash-in-lieu payment would be require the owner to show why an
ADU could not be built on-site, A property owner would retain the right to select a
qualified occupant but the Housing Authority would be able to place a person if the
owner failed to find a tenant with a reasonable time,
I need some feedback about the, legality of all this. The boards seem very devoted to this
mandatory occupancy idea but have concerns about our ability to enforce it. So do I.
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FROM:
RE:
DATE:
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MEMORANDUM
Aspen Planning and Zoning Commission rr
Stan Clauson, Community Development Direct
Julie Ann Woods, Deputy Diren~r . 9tllr'
Christopher Bendon, Planner ~~
ADU Program -- Worksession
April 21, 1998
SUMMARY:
The Mayor of Aspen has directed staff to bring forward amendments to the ADU
Program. The purpose ofthis directive is to increase the effectiveness of the
program and to simplify the process for approval.
There has be,en a general disappointment with the ADU program expressed by staff,
elected and appointed decision-makers, ,and some members of the public, The
majority of the concern centers around the approximate 20% occupancy rate for
ADUs with the remaining 80% functioning as additional bedrooms, Also, there is a
concern over ADU rental rates.
Staff has identified the code Sections which should be amended and has suggested a
series of changes to simplify the approval process for ADUs which will increase their
viability as a housing alternative, The main suggestions include the following:
a) ADUs becoming permitted uses in all zone districts where a single-family or
duplex is allowed,
b) Administrative approval for ADUs meeting a set of design standards, These
design standards would be a codified version of the minimum requirements for
an ADU which typically are conditions of approval.
c) Commission review for ADUs not meeting the design standards,
d) Mandatory occupancy.
e) Category restrictions for rental prices,
f) Incentives for more than 50% above grade and/or detached units,
g) Possible greater incentive for units meeting "exceptional" standards,
h) ADUs remaining an exemption from growth management for a new or
reconstructed home,
i) Including a GMQS exemption requirement for "major expansions" of existing
homes.
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RECEIVED
JAN 2 7 1998
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/'(1 DATE:
([))& &~1PJEN
- MEMO -
1/26/98
ASPEN I PITKIN
, COMMUNITY DEVe.OPMENT
TO:'
City Council, BOCC, City & County P & Z Commissions,
Aspen/Pitkin County Housing Board & Office, and
City/County Community Development Departments
FROM:
John Bennett
RE: ADD's
At our recent Housing roundtable, some of us argued that the ADD
program should be scrapped, while'others felt it simply needed "fixing."
Along the lines of the latter, 1'd like to offer three suggestions for making
the program more effective immediately..,
1. Make occupancy of ADD's mandatory. A property owner would
have the following options to fill his or her ADD:
a. An immediate family member. This would allow a son or daughter
(a young person starting off) or a grandparent (someone in
retirement) to have a place in both the home and the community.
b. A non-family member chosen by the owner, as long as the person
was qualified by the Housing Office.
OR
c. Someone chosen & qualified by the Housing Office.
- Allow vacancies for up to six months, but no longer.
.
2. Require ADD's for all new homes. Allow no "in lieu" payments.
Make ADD's permitted by right, not a conditional use, in all zone
districts,
3. Approve ADD's by a simple administrative staff review.
...Vastly simplify the process. (And keep enforcement simple, too,
Perhaps ADD owners, could fill out and co-sign an occupancy voucher
once each year when they pay their property taxes.)
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If we took these steps, it seems to me that we could turn ADD's back
into what they were intended to be: a valuable. and functioning piece of the
, affordable housing puzzle ... diverse small apartments for locals spread
throughout the community. (It's also the kind of thing that difficult
neighborhoods like Woody Creek say they'd willingly accept.)
This is something we could do fairly quickly. Over time, it could add
greatly to our housing supply. And, of course, if it didn't work, we could
still always scrap the program in the future!
Please let me know if you have any thoughts or comments. Thanks!
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(a)Standards: An owner or the owners of a lot or parcel with an existing single-family
dwelling unit may establish and maintain
an accessory dwelling unit within the principal structure of a detached dwelling unit in
the LR-D, LR-E, ER-E, RR-E, RRI-E,
A-E, or P-E districts if all of the following conditions are met and continue to be met
during the life of the accessory dwelling
unit:
(l)The detached dwelling unit within which the accessory dwelling unit is located, or
the accessory dwelling unit
itself, is actually and physically occupied as a principal residence by at least one
owner of record of the lot or
parcel upon which the detached dwelling unit and accessory dwelling unit is located,
who possesses at least an
estate for life or a fifty percent fee simple ownership interest.
(2)In addition to the parking required in each district, one paved off-street parking
space is provided on the lot
upon which the detached dwelling unit is located meeting the setback requirements of
Section 9-3.2-1, "Schedule
of Bulk Requirements," B.RC. 1981, unless a variance to the setback is granted
pursuant to Section 9-3,6-2,
"Variances and Interpretations," B.RC, 1981.
(3)The occupancy of the accessory dwelling unit does not exceed two persons, and the
occupancy of the
detached dwelling unit including the accessory dwelling unit does not exceed two
persons unrelated to the head of
the household by marriage, adoption,or blood up to the second degree of
consanguinity,
(4 )The detached dwelling unit is not also used for the renting of rooms pursuant to
Section 9-3.2-8, "Occupancy
of Units," B.RC, 1981.
(5)In the LR-D, LR-E, ER-E, RR-E, RRI-E, A-E, or P-E zoning districts, no more
than ten percent of the
single-family lots or parcels in a neighborhood area contain an accessory dwelling
unit. For the purpose of this
paragraph: '
(A)The "neighborhood area" in LR-E, LR-D, and P-E zoning districts is the area
circumscribed by a
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line three hundred feet from the perimeter of the lot line within which any
accessory dwelling unit will
be located,
(B)The "neighborhood area" in ER-E, RR-E, RR1-E, and A-E zoning districts is
the area
circumscribed by a line six hundred feet from the perimeter of the lot line within
which any accessory
dwelling unit will be located~
(C)For the purpose of calculating the ten percent limitation factor, a legal, non-
conforming structure
containing two or more units, and any structure that contains at least two dwelling
units for which at
least one rental license has been issued pursuant to Chapter 10-3, "Rental
Licenses," B.R.C, 1981,
is, counted as an accessory dwelling unit. The city manager may promulgate
regulations defining
additional methods to be used in calculating the ten percent limitation factor and
the neighborhood
area,
(6)The accessory dwelling unit is clearly incidental to the principal dwelling unit and
meets the following criteria:
(A)The accessory dwelling unit is created only in a single-family detached
dwelling unit on a lot of
6,000 square feet or more,
(B)The principal structure is 1,500 square feet or more, excluding garage space,
(C)The accessory dwelling unit does not exceed one-third of the total floor area of
the principal
structure, unless a variance is granted pursuant to Section 9-3,6-2, "Variances and
Interpretations,"
B,R.C, 1981, or 1,000 square feet, whichever is less,
(D)The accessory dwelling unit utilizes only those utility hookups and meters
allotted to the detached
dwelling unit,
(E)The accessory dwelling unit is created only through internal conversion of the
principal structure.
, Minor exterior changes may be made on the building, however, if the square
footage added
1""'-\
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constitutes no more than five percent of the principal structure's existing
foundation area.
(F)If there is an interior connection between the accessory dwelling unit and the
principal dwelling
prior to the creation of the accessory dwelling unit, the connection shall be
maintained during the life
of the accessory dwelling unit. Any additional entrance resulting from the creation
of an accessory
dwelling unit may face the side of the lot fronting on the street only if such
entrance is adequately and
appropriately screened in a manner that does not detract from the single-family
appearance of the
principal dwelling,
(7)No permit for an accessory dwelling unit shall be granted for a detached dwelling
that is not at least five years
old.
(b )Application: All applicants for accessory dwelling units shall apply on forms provided
by the city manager showing how and
in what manner the criteria of subsection (a) of this section are met, provide a list of all
property owners within three hundred
feet of the boundaries of the applicant's property, provide a statement of current
ownership and a legal description of the
property, and pay the application fee prescribed by Section 4-20-43, "Land Use
Regulation Fees," B,R.C, 1981. After
receiving an application, the city manager will post the property and notify, by first class
mail, all property owners within three
hundred feet ofthe boundaries of the applicant's property indicating that an accessory
dwelling unit permit application has been
filed and that more detailed information may be obtained from the planning department.
Failure to provide such notice, however,
does not affect the validity of any permit subsequently granted,
(c )Review and Approval: All applicants for accessory dwelling units shall meet the
requirements of Chapter 10-3, "Rental
Licenses," B.R.C, 1981, but the city manager will issue only a thirty-six-month rental
license for the rental unit and will conduct
an inspection of the property to ensure compliance with the standards and criteria of this
section,
(1 )If after reviewing the application, but no fewer than ten days after posting of the
property, the city manager
determines that the criteria of this section and the requirements of Chapter 10-3,
"Rental Licenses," B,R.C. 1981,
.
"-.,,
,-.,
are met, the manager will grant the applicant a non-transferable permit for the use of
an accessory dwelling unit
within the applicant's detached dwelling unit.
(2)Before receiving the permit, all owners shall sign a declaration of use, including all
the conditions for continued
use, to be recorded in the office of the Boulder County Clerk and Recorder to serve as
actual and constructive
notice of the legal status of the owners' property,
(3)Ifthe application is denied, the applicant may appeal the manager's decision to the
planning board by delivering
a written notice of appeal to the city manager within fourteen days of the decision.
(4)The city council may call up any decision of the planning board that grants an
applicant an accessory dwelling
unit pursuant to the procedures in Subsection 9-4-3(c), B.R.C. 1981.
(d)Permit Required: No person shall maintain an accessory dwelling unit without an
accessory dwelling unit pennit.
(e )Expiration and Revocation of Permit: An accessory dwelling unit permit granted by
the city manager or planning board
automatically expires one hundred eighty days after the date on which it is granted unless
a rental license for the unit is obtained
within such period. The manager may grant an extension of this period for good cause
shown, but only if application therefor is
made prior to the expiration of the period, After revocation or expiration of the accessory
dwelling unit permit, the city manager
will inspect the property to ensure that the accessory dwelling unit has been removed,
(I )An accessory dwelling unit permit expires upon the failure of the permittee to
satisfY any condition prescribed
by subsection (a) of this section or upon the sale, conveyance, or transfer of the
property upon which the unit is
located,
(2)An accessory dwelling unit permit may be revoked by the city manager upon the
permittee's or the permittee's .
tenant's conviction of a violation of this ordinance or any provision of Chapters 6-2,
"Weed Control," 6-3,
"Garbage," or 10-11, "Signs" or Sections 6-1-17, "Animals as Nuisance Prohibited" or
5-6-2, "Excessive Sound
Levels," B,R.C. 1981.
,,-..,
,,-..,
(3)Upon notification of permit expiration or revocation, the permittee may request a
hearing as provided in
Chapter 1-3, "Quasi-Judicial Hearings,"B,R.C, 1981. Within thirty days of revocation
or expiration of a permit,
no owner shall fail to remove the accessory dwelling unit and return the property to its
single-family use status as a
single dwelling unit.
(4)Upon revocation of a permit, the owner may not reapply for an accessory dwelling
unit permit for any location
in the city for a period of three years following the date of revocation or conviction,
(f)Accessory Dwelling Unit Will Not Become a Non-Conforming Use: If the provisions
of this section are repealed by this or
any future city council, the legal use of an accessory dwelling unit must be terminated
within five years from the date of repeal,
and the accessory dwelling unit will not become a non-conforming use,
Ordinance Nos, 5656 (1994); 5971 (1998).
9-3A-130wner's Accessory Unit.
(a) Standards: An owner or the owners of a lot or parcel with an existing single-family
dwelling unit may establish and maintain
an owner's accessory unit within the principal structure of the detached dwelling unit, or
within an accessory structure meeting
the size restrictions described below, on a lot or parcel in the MXR-E district if all of the
following conditions are met and
continue to be met during the life ofthe owner's accessory unit:
(ljThe detached dwelling unit or the owner's accessory unit itself is actually and
physically occupied as a principal
residence byat least one owner of record, of the lot or parcel upon which the detached
dwelling unit and owner's
accessory unit is located, who possesses at least an estate for life or a fifty percent fee
simple ownership interest.
(2)In addition to the parking required in each district, one paved off-street parking
space is provided on the lot
upon which the detached dwelling unit is located meeting the setback requirements of
Section 9-3,2-1, "Schedule
of Bulk Requirements," B,R.C. 1981, unless a variance to the setback is granted
pursuant to Section 9-3,6-2,
"Variances and Interpretations," B,R.C. 1981.
.
,-.,
~
(3)The occupancy of the owner's accessory unit does not exceed two persons, The
occupancy of the detached
dwelling unit including the owner's accessory unit does not exceed the occupancy
requirements set forth in Section
9-3,2-8, "Occupancy of Units," B.R,C. 1981, for one dwelling unit.
(4 )The owner's accessory unit is clearly incidental to the principal dwelling unit and
meets the following criteria:
(A)The owner's accessory unit is created on a lot of 6,000 square feet or larger,
which contains only
one detached single-family dwelling,
(B)Ifthe owner's accessory unit is located within the detached dwelling unit, the
principal structure is
1,500 square feet or more in size, excluding garage space,
(C)The owner's accessory unit does not exceed one-third of the total floor area of
the principal
structure, unless a variance is granted pursuant to Section 9-3,6-2, "Variances and
Interpretations,"
B.R.C. 1981, or 1,000 square feet, whichever is less.
(D)Ifthere is an interior connection between the owner's accessory unit and the
principal dwelling
prior to the creation of the owner's accessory unit, the connection shall be
maintained during the life
of the owner's accessory unit. Any additional entrance resulting from the creation
of an owner's
accessory unit, within the principal building, may face the side of the lot fronting
on the street only if
such entrance is adequately and appropriately screened in a manner that does not
detract from the
single-family appearance ofthe principal dwelling,
(E)The following design standards apply to owner's accessory. units in a detached
accessory
structure:
(i)If garage doors are placed on the unit, they shall be single-car doors (no
two-car-wide doors),
(ii)All units shall be designed to have a pitched roof of 6:12 or greater. No flat
roofs or
lower pitched roofs shall be permitted unless consistent with the architecture of
the
.
""'"',
-
existing house on the property.
(iii)Maximum height of accessory buildings with an owner's accessory unit
shall not be
greater than twenty feet unless the roof pitch is greater than 8: 12 and the
resulting ratio
of the height of the roof (measured from the eave line to the top of the roof) to
the
height of the side walls (measured from the low point of grade to the eave
line )is less
than a 1:2 ratio, In no case may a building be taller than twenty-five feet.
(iv)An owner's accessory unit shall have a minimum of 60 square feet of private
open
space provided for the exclusive use of the occupants of the owner's accessory
unit.
Private open space may include porches, balconies or patio areas, Decks,
porches,
patios, terraces, and stairways, located at a height greater than thirty inches
above
grade, shall be considered part of the building coverage,
(v)Architectural design and materials shall be consistent with the existing
residence on
the site or the adjacent building(s) along the side yards of the lot.
(vi)Setbacks shall comply with accessory building setbacks,
(vii)The owner's accessory unit is in a building that has a building coverage of
less than
500 square feet and the owner's accessory unit does not exceed 450 square feet.
(b)Application: All applicants for owner's units shall apply on forms provided by the city
manager showing how and in what
manner the criteria of subsection (a) of this section are met, provide a statement of
current ownership and a legal description of
the property, and pay the application fee prescribed by Section 4-20-43, "Land Use
Regulation Fees," B.R.C, 1981.
(c )Review and Approval: All applicants for owner's accessory units shall meet the
requirements of Chapter 10-3, "Rental
Licenses," B.R.C, 1981, but the city manager will issue a thirty-six-month rental license
for the rental unit and will conduct an
inspection of the property to ensure compliance with the standards and criteria of this
section,
.
~,
.~
(1 )If after reviewing the application, but no fewer than ten days after posting of the
property, the city manager
determines that the criteria of this section and the requirements of Chapter 10-3,
"Rental Licenses," B,R.C. 1981,
are met, the manager will grant the applicant a non-transferable permit for the use of
an owner's accessory unit.
(2)Before receiving the permit, all owners shall sign and record, in the office of the
Boulder County Clerk and
Recorder, a declaration of use, including all conditions for continued use, in a form
approved by the city manager
that provides notice to all future purchasers of the property that the use and occupancy
restrictions outlined in this
section will apply to this property. Such declaration of use shall serve as actual and
constructive notice of the legal
status of the owner's property,
(3 )If the application is denied, the applicant may appeal the manager's decision to the
planning board by delivering
a written notice of appeal to the city manager within fourteen days of the decision.
(d)Permit Required: No person shall maintain an owner's unit without an owner's unit
permit.
(e)Variance of Building Coverage: The city manager may grant a variance to the building
coverage requirements of
subparagraph 9-3.4-13(a)(4)(E)(vii), B,R.C, 1981, upon finding that the following
conditions are met:
(1 )The owner's accessory unit is created in a building that was legally in existence
prior to June 3,1997; and
(2)A reduction in the building footprint size of the existing building to conform to the
500-square-foot limitation
would create a substantial hardship for the applicant.
(f)Expiration and Revocation of Permit: An owner's accessory unit permit granted by the
city manager or planning board
automatically expires one hundred eighty days after the date on which it is granted unless
a rental license for the unit is obtained
within such period, The manager may grant an extension of this period for good cause
shown, but only if application therefor is
made prior to the expiration of the period. After revocation or expiration of the permit,
the city manager will inspect the
property to ensure that the kitchen, bathroom, and any other improvements necessary to
return the structure to a conforming
.
r--,
,.~
use have been removed,
(I)An owner's accessory unit permit expires upon the failure of the permittee to
satisfY any condition prescribed
by subsection (a) of this section, '
(2)An owner's accessory unit permit may be revoked by the city manager upon the
permittee~s or the permittee's
tenant's conviction of a violation of this ordinance or any provision of Chapters 6-2,
"Weed Control," 6-3,
"Garbage," or 10-11, "Signs" or Sections 6-1-17, "Animals as Nuisance Prohibited"
or 5-6-2, "Excessive Sound
Levels," B.R.C, 1981. '
(3)Upon notification of permit expiration or revocation, the permittee may request a
hearing as provided in
Chapter 1-3, "Quasi-Judicial Hearings," B,R.C. 1981. Within thirty days of revocation
or expiration of a permit,
no owner shall fail to remove the improvements necessary to return the property to its
single-family use status,
(4)Upon revocation ofa permit, the owner may not reapply for an owner's accessory
unit permit for any location
in the city for a period of three years following the date of revocation or conviction,
(g)Owner's Accessory Unit Will Not Become a Non-Conforming Use: If the provisions
of this section are repealed by this or
any future city council, the legal use of an owner's accessory unit must be terminated
within five years from the date of repeal,
and the owner's unit will not become a non-conforming use,
Ordinance Nos. 5971 (1998); 6093 (1999).
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...
STRATEGY'Z.4. ACCESSORY UNITS
4?
Accessory Units Model Ordinance from State of Washington
Model Accessorv Dwellino Unit Ordinance Recommendations
Washington State Department of Communityr Trade"and Economic
Development, January 1994
Definitions. An Accessory Dwelling Unit (ADD) is a habitable living unit that
provides the basic requirements of shelter, heating, cooking, and sanitation. [Com-
ment. The Uniform Building Code (UBe) Sec. 1207 & 1208 lists minimum room sizes for
an efficiency unit. The jurisdiction could set up maximum areas in the Standards and
Criteria below, if it so desired.]
Purpose and Intent
A. The installation of an ADU in new and existing single-family dwellings (herein-
after principal units) shall be allowed in single-family zones subject to specific
development, design, and owner-occupancy standards.
B. The purpose of allowing ADDs is.to:
1. provide homeowners with a means of obtaining, through tenants in either the
ADD or the principal unit, rental income, companionship, security, and
services;
2. add affordable units to the existing housing;
3. make housing units available to moderate-income peopl~ who might other-
wise have difficulty finding homes within the (city /county);
4. develop housing units in single-family neighborhoods that are appropriate
for people at a variety of stages in the life cycle; and
5. protect neighborhood stability, property values, and the single-family resi-
dential appearance of the neighborhood by ensuring that ADDs are installed
rmder the conditions of this ordinance.
Standards and Criteria
A. ADDs shall meet the following standards and criteria:
1. The design and size of the ADD shall conform to all applicable standards in
the building, plumbing, electrical, mechan~cal, fire, health, and any other
applicable codes. When there are practical difficulties involved in carrying
out the provisions of this ordinance, the (building official) may grant modi-
fications for individual cases: [Comment: Construction shall conform to all codes
which are required for any new construction.!
2. Certification by the (city / county) Health Department that the water supply
and sewage disposal facilities are adequate for the projected number of
residents must be provided to the building official. [Comment: More applicable
in rural areas for septic and wells. It is actually covered by No.1 above.!
3. Any additions to an existing building shall not exceed the allowable lot
coverage or encroach into the existing setbacks. [Comment: Planning ordinance
already in place in most jurisdictions.]
4. The ADD may be attached to, or detached from, the principal unit. [Comment:
Jurisdictions need to survey their existing housing stock and neighborhood stan-
dards to determine where and how ADUs would best fit their housing needs. This
would allow the most diversity of choice and honor the uniqueness of each site.]
5. Only one ADD may be created per residence in single-family zones. Multiple
detached ADDs may be created in (agricultural) zones, if one of the occu-
pants of each unit is employed by the property owner. [Comment: The first
sentence is to "maintain single-family appearance." The second sentence is appropri-
ate in agricultural zones.]
78
r-,
6. The property owner, which shall include title holders and contract purchas-
ers, must occupy either the principal unit or the ADD as their permanent
residence, but not both, for at least renter number] months out of the year, and
at ~o time receive rent for the owner-occupied unit. [Comment: Owner-
occupied units are better maintained, and therefore the neighborhood will be better
maintained. If the owner has to live on site for more than six months outo! the year,
they could not own more than one ADU. This would eliminate speculators/develop-
ers from developing dupl1zxes throughout an area under the guise of calling them
ADUs,j
7. An ADD may be developed in either an existing or a new residence. [Com-
ment: This would allow new home builders to plan ahead for "mother.in.law" type
units and thus save money now and time and inconvenience later.]
8. In no case shall an ADUbe more than 40 percent of the building's total floor
area, nor more than 800 square feet, nor less than 300 square feet, nor have
more than two bedrooms, unless in the opinion of the [building official], a
greater or lesser amount of floor area is warranted by the circumstances of the
particular building. [Comment: Tlzeexisting structure, the lot size, or the jurisdic-
tion will determine ADU's size.]
9. The ADU shall be designed so that, to the degree reasonably feasible, the
appearance of the building remains that of a single-family residence. [Com-
ment: To maintain' single1amily appearance. This is a subjective evaluation and
unless specific design standards are adopted by the jurisdiction, this may be difficult
to consistently apply.]
10. The primary entrance to the ADU shall be lo~ated in such a manner as to be
unobtrusive from the same view of the building which encompasses the
entrance to the principal unit. [Comment: The second entrance is located this way
to maintain single1amily appearance with an attached ADU. Less restrictive than
"no second entry on the street side of the principal unit/' but it allows for site
restriction that may make a side or rear entry impossible.]
11. One off-street parking space, in addition to that which is required by the
ordinance for the underlying zone, shall be provided or as many spaces
deemed necessary by the [building official] to accommodate the actual
number of vehicles used by occupants of both the primary dwelling and the
ADU. Parking spaces include garages, carports, or off-street areas resenred
for vehicles. [Comment: Parking requirements may vary from jurisdiction to
jurisdiction dependingon density afneighborhood, existing neighborhood standards,
etc. Other parking options include more than one additional space, tandem parking,
or allowing on-street parking.]
12. In order to encourage the development of housing units for people with disabili-
ties, the [building official] may allow reasonable deviation from the stated
requirements to install features that facilitate accessibility. Such facilities shall be
in conformance with the DEe. [Comment: This is an accessibility issue.]
Grandfathering
Option 1, ADDs created prior to [date] shall be registered with the [building official]
for inclusion into the Certificate of Occupancy Program. Application for registration
must contain the name of the owner, the address of the unit, the floor area of the two
dwelling units, a plot plan of the property, evidence of the date of establishment of
the unit, evidence of the use for the six-month period prior to the application for
registration, and a signature of the owner. [Comment: This provision would allow the
building official to verify the compliance of the ADU to the codes and to require changes as
necessary.]
Option 2. Ignore. [Comment: It would be difficult and very time consuming to determine
under which codes the ADU was originally constructed.]
~
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.
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79
,-,
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Application Procedure
A. AppliceJion for a building permit for an ADU shall be mede to the [building
official] in accordance with the permit procedures established in Section [enter
number] and shall include:
1. A letter of application from the owner(s) stating that the owner(s) shall occupy
one of the dwelling units on the premises, except for bona fide temporary
absences [for [enter number] months out of each year]. [Comment: This is an
owner-occupancy requirement. Limits the owner from "living" in several units at the
same time.]
2. The registration form or other forms as required by the [building official] shall
be filed as a deed restriction with the [county] Department of Records and
Elections to indicate the presence of the ADD I the requirement of owner-
occupancy, and other standards for maintaining the unit as described above.
[Comment: This is for optional use if the owner-occupancy requirement is adopted.]
3. The [building official] shell report annually to the [council] on ADU Tegistra-
tion, number of units and distribution throughout the {city /county], average
size of units, and number and type of complaint and enforcement-related
actions. [Comment: This is a local jurisdiction option. This provides a tracking
mechanism on the number of ADUs to determine if changes to the ordinance are
needed.]
4. Cancellation of an ADU's registration may be accomplished by the owneT filing
a certificate with the [building official] for recoTding at the [city / county] Depart-
. ment of Records and Elections or may occ:ur as a result of enforcement action.
5. This ordinance shall take effect and be in force five days after passage and legal
publication. [Comment: This is a local jurisdiction option.]
STRATEGY 3.1. MIXED'USE :BUILDINGS
Kennebunk, Maine, Provisions for Mixed-Use Development
Part D. Mixed Uses and Nonresidential Uses
Section 16. Mixed Residential and Commercial Uses. Residential and commercial
uses may be combined on a single lot in any district, provided that:
A The uses are only those allowed within the district in which the lot is located; and
B. Unless otherv...rise specifically stated within the district regulations, each of the
uses shall individually meet the space and bulk standards set forth in the district;
and
C. Unless otherv'/lse specifically stated within the district regulations, each of the
uses shall indh"idually meet the off-street parking requirements of this article;
and
D. Any signs comply with the standards for signs set "forth in this article.
San Diego, California, live/Work Units
Section 101.0570 - Live/Work Quarters (Lofts)
A. Purpose and Intent. The purpose of this Section is to provide for and make
feasible the reuse of existing commercial and industrial buildings for joint live/
work quarters as contemplated by Section 17958.11 of the He?Llth and Safety
Code. Li\"e / work quarters in the City of San Diego are intended to be occupied
by artists, artisans, and similarly situated individuals.
B. Definitions
1. artist. One whose works are subject to aesthetic criteria. An individual who
practices one of the fine arts, who works in one of the performing arts or whose
trade or profession requires a knowledge of design, drawing, painting, etc.
80
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