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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING
CHAPTER 26 OF THE ASPEN MUNICIPAL CODE TO WIT:
SECTION 26.28 P ARKING STANDARDS FOR ZONE DISTRICTS;
SECTION 26.28.080 CONDITIONAL USE IN THE -30 ZONE DISTRICT;
SECTION 26.32.020 CHARACTERISTICS OF OFF -STREET PARKING SF ACES AND
ACCESS TO STREET OR ALLEY
SECTION 26.32.030 REQUIRED OFF -STREET P ARIaNG SPACES;
SECTION 26.40.090 ACCESSORY DWELLING UNITS
SECTION 26.68.040 STREAM MARGIN REVmW
SECTION 26.102.040 GMQS EXEMPTION FOR COMMERCIAL EXPANSION.
ORDINANCE 38, SERIES OF 1996
WHEREAS, Section 26.92,020 of the Municipal Code provides tllat amendments to
Chapter 26 of the Code, to wit, "Land Use Regulations", shall be reviewed and recommended for
approval by the Planning Director and then by the Planning and Zoning Commission at public
hearing, and then approved, approved with conditions, or disapproved by the City Council at public
I hearing; and
WHEREAS, the Planning Office has determined that the several sections of the code are
either in error, or in need of clarification; and
WHEREAS, the Planning Office recommends that certain sections of the Code be
amended to address these inconsistencies and codification errors; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed amendments
and did conduct a public hearing on September 17, 1996; and
WHEREAS, upon review and consideration of the text amendments, agency and public
comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal
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Code, to wit, Division 92 (Text Amendments), the Planning and Zoning COlmnission has
recommended approval of the text amendments recOlmnended by the Planning Director pmsuant to
procedme as authorized by Section 26,92,030 of the Municipal Code; and
WHEREAS, the Aspen City COlUlcil has reviewed and considered the text amendments
lUlder the applicable provisions of the Municipal Code as identified herein, has reviewed and
considered those recommendations and approvals as granted by the Planning and ZorLing
Commission, and has taken and considered public comment at public hearing; and
WHEREAS, the City COlUlcil fmds that tlle text amendments meet or exceed all applicable
development standards and is consistent with the goals and elements of the Aspen Area
COlmnunity Plan; and
WHEREAS, the City COlUlcil finds that this Ordinance furthers and is necessaty for public
health, safety, atld welfat'e; atld
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN COLORADO:
Section 1: Pmsuant to Section 26.92.020 (Statldards of Review) of tl1e MlUlicipal Code, tlle City
Council finds as follows in regat'd to the text atnendments:
I, The proposed text atnendments as set forth in the Ordinatlce me not in conflict with the
provisions of Chapter 26 of the MlUlicipal Code or the Aspen Area CommlUuty Plan,
2. The proposed text amendments will promote the public interest and chat'acter of the City of
Aspen.
Section 2: Section 26,28 of the Aspen Municipal Code shall be atnended in the following fasluon:
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The following section within each of the following zone districts shall be repealed and replaced
with the following italicized text: R-6: 26.28.0S0(E)(1), R-lS: 26,28.060(E)(1), R-ISA:
26,28,070(E)(1), R-30: 26.28.080(E)(1), RlMF: 26.28.090(E)(1), RlMFA: 26,28,lOO(E)(1),
MHP: 26,28,120(E)(1 ),RR: 26.28.130(E)(1), CC: 26.28.140(E)(1), C-l: 26.28.150(E)(1), SCI:
26,28.160(E)(1), NC: 26,28,170(E)(1), 0: 26.28,180(E)(1), LlTR: 26,28. 1 90(E)(1 )
C: 26.28.220(E)(1),
1. For single-family and duplex residential use and multi-family use: two (2)
spaces/dwelling unit, Fewer spaces may be provided by special review pursuant to Chapter
25,64 for historic landmarks only, andfewer spaces may be provided pursuant to Chapter 26,60,
for Accessory Dwelling Units only. One (1) space/dwelling unit is required if the unit is either a
studio or one-bedroom unit, "
Section 3: Section 26.28.080 of Chapter 26 of the Aspen Municipal Code, Conditional Uses in tlle
R-30 Zone District is amended to add the following language:
26,28,080(C) Conditional Uses,
7. Accessory Dwelling Units meeting the provisions of Section 26,040,090,
Section 4: Section 26.32,020 of the Aspen Municipal Code, Characteristics of Off-Street
Pmking Spaces and Access to a Street or Alley, is amended in the following fashion, with text in
<I italics being added to the existing text:
26.32.020 Characteristics of off-street parking spaces and access to street or alley.
A. General. Each off-street pmking space shall consist of an open area measuring
eight and one-half (8 1/2) feet wide by eighteen (18) feet long and seven (7) feet high with a
maximum slope of twelve (12) percent in anyone direction, Each parking space, except those
provided for detached residential dwellings and duplex dwellings, shall have an unobstructed
access to a street or alley, Off-street parking provided for multi-family dwellings which do not
share a common pmking area may be exempted from the unobstructed access requirement
subject to Special Review pursuant to Chapter 26,64 OffStreetparkingprovidedfor multi-
family dwellings which do not share a common parking area may be exempted Fom the
unobstructed access requirement subject to special review pursuant to Section 26,64, No
driveway shall exceed a maximum slope of twelve (12) percent within twenty (20) feet ofa
property line bordering a public or private right-of-way. Off-street parking must be paved with
all weather surfacing or be covered with gravel. For single family and duplex development, a
grass-ring type surface may be used, All parking shall be maintained in a usable condition at all
times,
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Section 5: Section 26. 32.030 of the Aspen Municipal Code,. Required Off-Street Parking
It Spaces, shall be amended to replace the current language in the table under "Residential Uses"
with the following language in italics:
For single~family and duplex residential use and multi-family use: two (2) spaces/dwelling unit,
Fewer spaces may be provided by special review pursuant to Chapter 25,64 for historic
landmarks only, and fewer spaces may be provided pursuant to Chapter 26,60, for Accessory
Dwelling Units only. One (1) space/dwelling unit is required if the unit is either a studio or one-
bedroom unit, "
Section 6: Section 26,04,090 of the Aspen Mlmicipal Code" Accessory Dwelling Units, is
amended as follows:
26.40.090
Accessory Dwelling Units
A. General Provisions.
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I. Accessory dwelling units shall contain not less than (300) square feet of net livable area
and not more than seven lnmdred (700) of net livable area, The lmit shall be deed restricted,
meeting the housing authority's guidelines for resident occupied lmits and shall be limited to
rental periods of not less than six (6) months in duration. Owners of the principal residence shall
have fue right to place a qualified employee or employees of his or her choosing in the accessory
dwelling w1it One (I) 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 lmderlying 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 carpOlis where an accessory dwelling
unit is proposed above, attached to, or contained within such detached garage or carport.
Detached accessory dwelling w1its are prohibited within the R-15B zone district.
4. An attached accessory dwelling writ shall utilize alley access to the extent practical.
B. Development Review Standards.
dwelling unit are as follows:
The review standards for a detached accessory
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I, 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 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. Minimlml 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 oftlnee (3) feet;
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The maximum height limits for detached accessory dwelling lUlits 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;
1". Maximum allowable site coverage may be varied up to a maximum offive (5)
percent, on Landmark Designated Pm'cels mId within an Historic Overlay
District the HPC shall have the ability to malce such site coverage vm'iations;
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 stmldards of Section
26.40,070(B).
3. The Planning and Zoning Commission and the Historic Preservation Committee may
exempt existing nonconfonning structures, being convelied to a detached accessory dwelling
unit, from Section 26.40,070 (B)(2)(a-g) provided that the nonconformity is not increased.
4, Conditional use review shall
applicable to all conditional uses.
be granted pursumlt to Section 26.60.040 Stmldmds
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Co Bandit Units. Any bandit dwelling unit which can be demonstrated to have been in
existence on or prior to November I, 1988, and which complies with the requirements of this
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 Building Official.
D. GMQS/Replacement Housing 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 ~md the standards of Section 26.100.090 may be used to obtain
points in the affordable housing category, Accessory dwelling units also may not be used to
meet the requirements of Title 20 of the Mlmicipal 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 tln'ee 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
Plmming and Zoning Commission pursumlt to conditional use review and ap,proval. 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.
Section 7: Section 26.68.040 of the Aspen Mlmicipal Code, Stream Margin Review, is amended
to include the following section:
Co Exemption. The expansion, remodeling, or reconstruction of an existing
development shall be exempt from stream margin review if the following standards are
met:
I. The development does not add more than ten (10) pel'cen1t to the fioor area of
the existing structure or increase the amount of building area exempt from fiool' area
calculations by more than twenty-five (25) percent; and
2. The development does not require the removal of any tree for which a permit
would be required pursuant to Section 15.04.450.
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3. The development is located such that no portion of the expansion,
remodeling or reconstruction will be any closer to the high water line than is the existing
development; and
4. The development does not fall outside of an approved buillding envelope if
one has been designated through a prior review; and
5. The development is located outside ofthe ofthe special flood area and more
than one hundred (100) feet measured horizontally from the mean high water line of the
Roaring Fork River and its tributary streams, or the expansion, remodl~ling or
reconstruction will cause no increase to the amount of ground coveJrage of structures
within the special flood hazard area.
Section 8: Section 26.102.040 of the Aspen Municipal Code, GMQS Exemption for
Commercial Expansion, ,Stream Margin Review, is amended in the following redline format:
Section 26.102.040(A)(1)(c): Expansion of commercial of office uses. The expansion of an
existing commercial or office use in a building which does not increaoc its Rct Icasable squarc
footagc by not more than 250 net leasable square feet, excluding employee housing, if it is
demonstrated that the expansion will have minimal impact upon the city. A determination
of minimal impact shall require a demonstration that a minimal number of additional
employees will be generated by the expansion, and that employee housing will be pl'ovided
for the additional employees generated; that a minimal amount of additional parking
spaces will be demanded by the expansion and that parking will be provided; that there
will be minimal visual impact on the neighborhood from the expansion; and that minimal
demand will be placed on the city's public facilities from the expansion. Expansion of a
building which occurs in phases shall be limited to a maximum cumulative total of 250 net
leasable square feet and shall be evaluated in terms of the cumulative impact of the entire
expansion.
Section 9: This Ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances repealed
or amended as herein provided, and the same shall be conducted and concluded under such prior
ordinances.
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Section Ill: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining pOltions mereof.
Section 11: That the City Clerk is directed, upon me adoption of this ordinm1ce, to record a copy
of this ordinm1ce in the office of me Pitkin County Clerk mId Recorder.
Section 12: A public hearing on the Ordinance was held on the iith day of November, 1996 at
5:00 in the City COlmcil Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of me same was published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City COlmcil of the City of Aspen on the /5" day of
~1996,
fL I~~C----
John Bennett, Mayor
Attest:
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Kathryn S. Koch, City Clerk
FINALLY, adopted, passed mId approved this ~ay of ~996,
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Attest. ~. JOhn~~ lP~t--
.1-4 0~ ennett, Mayor
Kath .
ryn S. Koch Cty
_ ,I Clerk
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