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HomeMy WebLinkAboutordinance.council.060-90 ORDINANCE NO. 60 (Series of 1990) AN ORDINANCE AMENDING CF~TAIN SECTIONS OF THE ASPEN LA~D USE REGULATIONS, CHAPTER 24 OF, THE MUNICIPAL CODE OF THE CITY OF ASPEN, BY ADDING OR AMENDING DEFINITIONS AND BY AMENDING ARTICLES 5, 7, AND 8 OF CHAPTER 24 SO AS TO PROVIDE AND/OR CLARIFY REFEHENCES TO ACCESSORY DWELLING UNITS WHEREAS, the City Council of the City of Aspen wishes to encourage and provide for incentives for the development of affordable housing for residents of the City and has prevIously adopted legislation that promotes the development of accessory dwellings within single-family homes and duplex dwelling units; and WHEREAS, accessory dwelling un~ts provide a mechanism to revitalize neighborhoods that have become idle due to the predominance of vacation and/or second homes; and WHEREAS, the City thr6ugh the Aspen Historic Preservation Committee has been promoting and wishes to continue to promote the renovation and conversion of existing carriage houses and outbuildings as affordable habitable spaces and dwelling units; and WHEREAS, the City wishes to adopt a Cottage Infill Program to encourage and facilitate the renovation and conversion of carriage houses and outbuildings to affordable dwelling units for local residents; and WHEREAS, the construction of new detached accessory dwelling units and the renovatIon of existing detached secondary structures on parcels occupied by a primary residence will facilitate an increase in the availability of affordable dwelling unzts. NOW, T~EREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ASPEN: Section 1 That Article 3, Sec. 3-101, of Chapter 24 of the Municipal Code of the City of Aspen, Qolorado, "Definitions as used in this Chapter", ls hereby amended by adding a new definition "Accessory Dwelling Unit", and amending subsection "G" to the definztion of "Floor Area", which shall read as follows: ACCESSORY DWELLING UNIT means a separate dwelling unlt 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, contazning not less than 300 nor more than 700 square feet of allowable floor area. An accessory dwelling unzt shall be deed restricted to Resident Occupancy and shall not be a separate unit for density or sale purpose~. FLOOR AREA, the definition of Floor Area, subsection G, shall be amended to read as follows: G. Accessory Dwellin~ Unit. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principal use is reszdentlal, the following shall apply: the allowable floor area of an attached accessory dwelling unit shall be excluded up to a maximum of 250 square feet of allowable floor area or 50% of the size of the accessory dwelling unit, whichever is less; a detached accessory dwelling unit shall be excluded up to a maximum of 350 square feet of allowable floor area. This floor area exclusion provision only applies to accessory dwelling units which are 100% above natural grade and are subject to review and approval by the Planning and Zoning CommIssion pursuant to Conditional Use review and approval, Section 7-304 of Chapter 24 of this Code. Section 2 That Article 5, Sec. 5-508 of Chapter 24 of the Municipal Code of the city of Aspen, Colorado, "Accessory Dwelling Units", is hereby amended and it's subseetlons renumbered to read as follows: A. General Provisions: 1) Accessory Dwelling Units shall contain not less than 300 square feet of allowable floor area and not more than 700 square feet of allowable floor 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 months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of h~s or her choosing in the Accessory Dwelling Unit. Parking shall not be required if the unit is a studio or one-bedroom unit, but one (1) parking space shall be provided on-site if the unit contains two (2) bedrooms and,one (1) additional space shall be required for each additional two (2) bedrooms in the 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 and or 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. 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 parcel and wlth development located within the neighborhood; 2. Where the proposed development varies from the dimensional requirements of the underlying Zone District, the Planning and Zoning Commission shall find 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; 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 on the rear 1/3 of the parcel, however, the maximum height of the structure shall not exceed 16 feet. On Landmark Designated parcels and within an Historic Overlay District the HPC shall have the ability to make such height variations; f) maximum allowable site coverage may be varied up to maximum of five (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 is located on a Landmark designated parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards of Section 5-508 B. 3. The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing non- conforming structures, being converted to a detached accessory dwelling unit, from Section 5-508 B.2.(a-g) provided that the non-conformity is not increased. 4. Conditional use review shall be granted pursuant to Section 7-304 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 th~s section may 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 ~uilding Official. D. GMQS/ReDlacement Housinq Credits. Accessory Dwelling Units shall not 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 Sec. 8-109 may be used to obtain points in the affordable housing category. Accessory dwelling units also may not be used to meet the requirements of Chapter 18 of the Municipal Code of the City of Aspen, Colorado, "Resident Multi-Family Housing Replacement Program." Section 3 That Article 7, Section 7-601, of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, "General applicability and requirements", is hereby amended at subsection D(1) (a) ,"Review Standards for all Development in H, Historic Overlay District and all Development Involving Historic Landmarks" to read as follows: a. The proposed development is compatible in character with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an H, Historic Overlay District or is adjacent to an Historic Landmark. For Historic Landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot or exceed the allowed floor area, HPC shall find that such variation is more compatible in character with the historic landmark, than would be development in accord with dimensional requirements. In no event shall variations pursuant to this section exceed those variations allowed under the Cottage Infill Program for detached accessory dwelling units, pursuant to Section 5-508 (A). Section 4 That Article 8, Section 8-104 of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, "Exemptions", is hereby amended at subsection B.(i~ (d), "Exemption by Commission", to read as follows: d. Accessory Dwelllnq Units. The development of no more than one Accessory Dwelling Unit on a parcel containing an existing detached residential unit or a duplex~ and the development of accessory dwelling units in a newly constructed multi-family development which are not required to meet the Standards of Article 8. Section 5 In association with the compulsory review of Ordinance 1 (Series of 1990), th~s ordinance shall be evaluated as to its effectiveness on or prior to April 15, 1992. Section 6 This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 7 If any section, subsectlon~ sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed s separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 8 A public hearing on the Ordinance shall be held on the/~ day of/~37~/7~, 1990 at 5:00 P.M. in the City Council Chambers, Aspen city Hall, Aspen Colorado. INTRODUCED, RF2~D AND ORDEI~ED PUBLISHED as provided by law, by the city Council of the City of Aspen on the ~ day of William L. Stlrling, Mayor Kathryn ~ 'Koch, City Cle~-k, FINALLY, adopted, passed and approved this j ~-~ day of ~ ~7/ , 1990.~//~ / _William L. Stirl~~ Kathryn~. Koch, City Cle;k 9