HomeMy WebLinkAboutagenda.apz.20020917 AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, SEPTEMBER 17, 2002
4:30 PM
SISTER CITIES ROOM
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES
III. DECLARATION OF CONFLICTS OF INTEREST
IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS
A. INFILL LAND USE CODE AMENDMENTS, CHRIS BENDON,
CONTINUED FROM SEPTEMBER 3m~
· COMMERCIAL ZONE DISTRICTS
· CALCULATIONS AND MEASUREMENTS
· USE DEFINITIONS
V. BOARD REPORTS
11'�SUSAN CHRISTINE ONEAL
O'Q� r
205 E. Durant Avenue, Unit 1 1 *Aspen, CO 81611 USA
Tel (970) 544-0966 * Fax (970) 544-0196 * Email: susanonealCci)-aoi.com
September 18, 2002
Ms. Jasmine Tygre—Chair
Aspen Planning and Zoning Committee
Dear Jasmine and P & Z Committee,
First, let me thank you for the time that you and the other P & Z members spend in
meetings trying to make the right decisions for Aspen. I realize that you have a
formidable task ahead of you as you work out the best decisions for ensuring that
Aspen retain its charm, at the same time that decisions are made to use the limited
available space wisely. I would like to make some observations from. P & Z meetings
that I have attended recently.
Two weeks ago, [was dumbfounded to see that in spite of the fact that at least 20
citizens from all walks of life in Aspen individually requested that the street level retail
issue be separated from the infill project —in spite of all these citizens speaking up, the
P & Z voted to do the opposite! How is this possible? It goes without saying that if
many issues are combined, decisions do not get made, so the will of the people should
have been respected then.
Although I realize that there is a lot of information that needs to be reviewed before
decisions can be made, during the last two P & Z meetings that I attended, the Long
Range Planner was allowed to speak on and on interminably (with many personal
interjections) in such a quiet voice that it was necessary to strain to hear what was said.
Listening to the same speaker for a lengthy time is not conducive to having alert minds
to make decisions. The P & Z meeting began at 4:30 pm and the public had left by
7:00 pm —without the opportunity of voicing any opinions. Since the eventual goal of
the P & Z Committee is to make decisions and not just "discuss", I would like to.suggest
that there should be a limit to how long any one person can speak, so that people will
need to become focused within their allotted time. I think that if the speakers agree to
focus and only speak for a reasonable period of time, the process will move forward in
a more timely and efficient manner. With all due respect, I also hope that in the future,
a unanimous opinion of the people will not be disregarded as it was two weeks ago.
Again, thank you for the hard work and long hours that you give to our community. I do
hope that the. end results will reflect careful judgment by the P & Z Committee (without
self-interest) for the good of Aspen as a whole, not just individuals.
Best regards,
Susan C. O'Neal
MEMORANDUM
TO: Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
FROM: Chris Bendon, Senior Long Range Planner
RE: City of Aspen Infill Program — Public Hearing
DATE: September 17, 2002
SUMMARY:
This meeting is the first substantive review meeting to consider amendments to the
Land Use Code related to the Infill Report. The Commercial Zone Districts are first
in this order of review, along with associated sections of the code related to
commercial development.
Included, by reference, to this memorandum are exhibits for revised and new sections
of the Land Use Code contained in a 3-ring binder. Each section is provided in plain
text (not with highlighted changes). This has been done to minimize reading
difficulty. Each section being revised also has the existing language attached. for
comparison. Commissioners should keep their binders, as subsequent sections
and revisions will be added. The following sections have been provided:
• Use definitions
• Commercial Core Zone District
• Calculations and Measurements
• Commercial 1 Zone District
• Neighborhood Commercial Zone District
• Service Commercial Industrial Zone District
• Main -Street Mixed -Use Zone District
• Commercial Design Review (new section)
• Transferable Development Rights (new section)
• Pedestrian Amenity
• View Planes
• Parking
Staff will present each section, as scheduled for review, the Infill Advisory Group's
(IAG) thought process behind the recommendation, along with the legislation
recommended by staff. In some cases, staff may propose an option for the
Commission to consider which differs from the IAG's recommendation.
Staff is suggesting each section be reviewed with the P&Z providing direction on the
proposed language. Staff is not recommending a formal vote be taken on each section
1
until all sections have been reviewed and the Commission can consider the legislation
as a whole.
SYSTEM APPROACH.
The City's Land Use Code is divided into separate sections: zoning, growth
management, parking, etc. The City's development environment created by such
regulation is very much a system in which each of these various parts has an effect.
The P&Z should approach this Infill Program much the same way it was approached
by the Infill Advisory Group - as a system of interrelated parts that must work in
cohesion. All parts are related and have an effect on the performance of the system.
Substantially altering an integral item must confirm the stability of the overall system
and realize any necessary changes to related parts within the system. Staff will aid
P&Z in realizing effects of changes as they emerge. Some desired changes may
require thorough analysis.
PROPOSED REVIEW SCHEDULE:
At the previous meeting, P&Z stated a preference for a revised schedule utilizing "off
Tuesdays" to accommodate the Infill Program review. Below is a revised schedule.
September 17"
Commercial Zone Districts, Calculations and Measurements, Use
Definitions
September 24t`'
Pedestrian Amenity, View Planes
October V
Parking, Commercial Design Standards
October 8t"
Commercial Zone Districts, Lodge Zone Districts, Pedestrian
Amenity, View Planes
October 15"
Historic TDR Program, Commercial Design Standards
October 22"d
GMQS, Subdivision, Engineering Department Regulations, Utility
and Trash Service Area
October 291h
Residential Zone Districts, Alley Houses, Calculations and
Measurements
November Sth
Regular Meeting (no infill items)
November 12"
GMQS, Subdivision, Multi -Family Housing replacement.
November 19th
Regular Meeting (no infill items)
November 26`h
Residential Zone Districts, Calculations and Measurements Multi -
Family Housing replacement.
December 3rd
Regular Meeting (no infill items)
December 121h
Review of entire Infill Program
December 17th
Regular Meeting (no Infill items)
0
INFILL PROGRAM BACKGROUND:
The City of Aspen's 2000 Aspen Area Community Plan included several action items
directing staff to consider changes to the land use code to facilitate "Infill
Development." These recommendations were based on concerns about "sprawl"
development, a desire to permit the natural rejuvenation of downtown, and creating a
process in which private development could address community goals for affordable
housing.
In the Summer of 2000, City Council established the Infill Advisory Group (IAG) to
aid staff in the comprehensive evaluation of Aspen's development regulations to
determine what changes would be necessary to encourage this type of development.
The IAG consisted of people with multiple backgrounds and interests from open
space advocates, architects, historic preservationists, affordable housing advocates,
business owners, real estate brokers, and representatives from the various city boards
and commissions. City Council agreed to allow everything to be considered fair
territory: zoning, exactions, process, etc.
The project was approached with the concept that private sector development only
occurs on projects that are financially feasible and, therefore, the restructuring of
development regulations should be conscious of project economics. It was thought
that ignoring basic economics could result in a meaningless plan with no private
interests in implementing the vision. A simplified pro forma was used to ensure
financial viability of various zoning scenarios.
The IAG concluded their work and made their recommendation in January of 2002.
The Infill Report summarizes their analysis and suggestions for Land Use Code
amendments to facilitate infill development.
ATTACHMENTS:
A — Proposed and Existing legislation (3-ring binder)
3
Proposed Infill Program Land Use Code Amendments
Index:
A Proposed use definitions
B Proposed Commercial Core Zone District
BB Existing Commercial Core Zone District
C Calculations and Measurements (shown as amended text)
D Proposed Commercial 1 Zone District
DD Existing Commercial 1 Zone District
E Proposed Neighborhood Commercial Zone District
EE Existing Neighborhood Commercial Zone District
F Proposed Service Commercial Industrial Zone District
FF Existing Service Commercial Industrial Zone District
G Proposed Main Street Mixed -Use Zone District-
GG Existing Office Zone District
H Proposed Commercial Design Review (new section)
Proposed Transferable Development Rights (new section)
J Proposed Pedestrian Amenity
JJ Existing (open space)
K Proposed View Planes (shown as amended text)
L Proposed Parking
ILL Existing Parking
Use Definitions:
Retail Uses: Commercial establishments engaged in the selling or renting of consumer
goods and merchandise to the general public including the sale or rental of products
manufactured or enhanced on -premises and the rendering of services incidental to the
sale or rental of such products. Retail shall include restaurant, nightclub and bar, Food
Market, Neighborhood Cafe, movie theater, and the sale or rental of vehicles, clothing,
sporting equipment, jewelry, books, videos, prescriptions drugs, liquor, hardware,
furniture, and art, and similar activities. Retail shall not include Office Uses or Service
Uses.
Neighborhood Commercial Uses: Commercial establishments engaged in the selling or
renting of consumer goods and merchandise to the general public and the rendering of
services incidental to the sale or rental of such products. Neighborhood Commercial
shall include Retail Uses (with the exception of restaurants, nightclubs, and bars), post
office branch, Design Studio, Artist Studio, Commercial Kitchen, Bakery, Food Market,
Neighborhood Cafe, broadcasting facility, movie theaters, and the sale or rental of
vehicles, clothing, sporting goods, jewelry, books, videos, prescription drugs, liquor,
hardware, furniture, and art, and similar activities. Neighborhood Commercial shall not
include restaurants, nightclubs, Office Uses, or Service Uses.
Service Uses. Commercial establishments engaged in providing personal or financial
services to the general public including banking and similar financial service, dry
cleaning, Laundromat, tailoring, mortuary, post office branch, shipping and receiving
services, barber and beauty shop, tattoo parlor, instructional or performing arts studio
with no public performances, health and fitness facility, spa, and similar activities.
Office Uses. A building, or portion thereof, used for the transaction of business,
professional, or medical services and activities including, without limitation, realtors,
timeshare sales, government administration, non-profit organizations, travel agents,
advertising or insurance agents, lawyers, physicians, dentists, architects, engineers,
accountants, other licensed professionals and property management companies or agents.
Arts, Cultural, and Civic Uses: The use of land or buildings by non-profit, arts, cultural,
religious, or public organizations such as a church, fraternal club, performing arts theater,
library, museum, hospital, and other similar purposes.
Public Uses: The use of land or buildings by public or quasi -public organizations or for
public use such as government administration and service, visitors center, transportation
buildings and facilities, public parking, post office, fire station, and other similar
purposes.
Academic Uses: The use of land or buildings for educational activities with attendant
research, housing, administration, and public venues. Academic Uses shall include public
or private school, university, teaching hospital, research facility, testing laboratory,
library, auditorium, administrative offices, faculty housing, student housing, and similar
uses.
Agricultural Uses: The use of land and buildings for the production of crops, animals,
animal products, and the keeping of livestock including riding stables, arenas, orchards,
nurseries, flower production, dairy operations, fisheries, animal husbandry services, and
similar uses. Agricultural uses shall not receive the general public or support a
membership or academic club.
Recreational Uses: The use of land or buildings for recreational uses such as park,
playground, play field, golf course, skate board park, and similar uses.
Service Commercial Industrial Uses: The use of buildings or land for the manufacture,
repair and servicing of consumer goods, the provision of common domestic services, and
with limited retail, showroom, or customer reception areas.
Bakery: Same as Commercial Kitchen.
Commercial Kitchen: A commercial establishment producing or wholesaling prepared
food items which may have retail dispensing with no seating or wait service.
Food Market: A store principally selling packaged, bulk, or fresh foods which may have
indoor seating of up to ten (10) seats, but no wait service. [no change]
Restaurant: A commercial eating and drinking establishment where food is prepared and
served for consumption on or off premises, not subject to size or seating capacity
limitation.
Neighborhood Cafe: A commercial eating and drinking establishment where food is
prepared and served for consumption on or off premises, limited to no more than 1,500
square feet and no more than 25 interior seats, with no limitation on outdoor seating.
Basement Floor. See Subgrade Area. For split-level buildings, the lowest level shall be
the Basement Floor.
Ground Floor. The Floor of a structure approximately the same elevation as the natural
grade of the surrounding area. For split-level buildings, the floor above the lowest level
shall be the Ground Floor.
Upper Floors. The Floors of a structure located entirely above the Ground Floor of the
same structure.
Exhibit
Proposed CC Zone
26.710.140 Commercial Core (CC).
A. Purpose. The purpose of the Commercial Core (CC) zone district is to allow the
use of land for retail, service commercial, recreation, and institutional purposes within
mixed -use buildings to support and enhance the business and service character in the
historic central business core of the City. The district permits a mix of retail, office,
lodging, affordable housing, and free market housing uses oriented to both local and
tourist populations to encourage a high level of vitality. Retail uses are appropriate for
ground floors of buildings while residential and office uses are only appropriate on upper
floors. To encourage a variety or building sizes, two building height options are
provided.
B. Permitted uses. The following uses are permitted as of right -in the Commercial
Core (CC) zone district:
1. Uses allowed in Basement floor(s): Retail Uses, Neighborhood Commercial
Uses, Service Uses, Office Uses.
2. Uses allowed on Ground Floor: Retail Uses, Service Uses, uses and building
elements necessary and incidental to uses on other floors.
3. Uses allowed on Upper Floors: Retail Uses, Neighborhood Commercial Uses,
Service Uses, Office Uses, Lodging, Timeshare Residences (term), Affordable
Multi -Family Housing, Free -Market Multi -Family Housing, home occupations.
4. Uses allowed regardless of building floor level: Arts, Cultural and Civic Uses,
Public Uses, Recreational Uses, Academic Uses, Timeshare Lodge, child care
center, accessory uses and structures, storage accessory to a permitted use,
farmers market provided a vending agreement is obtained pursuant to Section
15.04.350(B).
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Core (CC) zone district, subject to the standards and procedures established
in Chapter 26.425:
1. Neighborhood Commmercial Uses, Service Uses, or Office Uses on Ground Floor.
2. Gasoline service station;
3. Commercial Parking Facility, pursuant to Section 26.515;
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Commercial Core (CC) zone district:
1. Minimum lot size (square feet): No requirement.
2. Minimum lot area per dwelling unit (square. feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement except trash/utility
service area shall be required abutting alley. The dimensional requirement for the
utility/trash service area shall be as follows, unless reduced pursuant to Chapter
26.430:
a. Up to 6, 000 square feet of net leasable floor area within a building: an
area a minimum of 20 feet in length, measured parallel to the alley, with a
minimum vertical clearance of 10 feet and a minimum depth of 10 feet at
ground level.
b. Each additional 1,200 square feet of net leasable floor area within a
building, the minimum length measured parallel to the alley shall be
increased by 1 foot.
7. Maximum height: To promote variety of building heights, the following
two options are provided:
a. 42 feet for up to three floors above grade. 52 feet for partial fourth floor,
pursuant to Special Review. (Fourth floor may not exceed .5:1 floor area.)
b. 45 feet for a four-story building. (Fourth floor may exceed .5:1 floor area.)
8. Minimum distance between buildings on the lot (feet): No requirement.
9. Percent of building site required for Pedestrian Amenity space: 25, may
be reduced by providing pedestrian amenity pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR) (applies to each type of use)
a. Commercial Uses: 1.5:1. Existing (prior to redevelopment) commercial
FAR may be replaced, subject to acknowledgement by City Zoning
Officer prior to demolition.
b. Affordable Multi -Family Housing: No limitation.
c. Free -Market Multi -Family Housing: .75: 1, which may be increased to 1:1
with extinguishment of Historic TDRs. Each City of Aspen Historic
Transferable Development Right certificate extinguished, pursuant to
Section 2 6. TDR. Extinguish, shall allow an additional 750 square feet of
free market housing. Total FAR of free-market housing may not exceed
FAR of affordable housing located on same parcel.
d. All other uses: 3:1.
k'76
Exhibi
Existing CC Zone
26.710.140 Commercial Core (CC).
A. Purpose. The purpose of the Commercial Core (CC) zone district is to allow the
use of land for retail and service commercial, recreation and institutional purposes with
customary accessory uses to enhance the business and service character in the central
business core of the City. Hotel and principal long-term residential uses may be
appropriate as conditional uses, while residential uses are permitted or may be
appropriate as conditional uses.
B. Permitted uses. The following uses are permitted as of right in the Commercial
Core (CC) zone district:
1. Medical and dental clinic;
2. Professional and business office;
3. Open use recreation site;
4. Recreation club;
5. Theater;
6. Assembly hall;
7. Church;
8. Public building for administration;
9. Restaurant, cabaret and night club, tea room;
10. Retail commercial establishment limited to the following and similar uses:
Antique store, appliance- store, art supply store, art gallery, bakery, bookstore,
camera shop, candy, tobacco or cigarette store, clothes store, computer sales store,
florist shop, food market, furniture store, gift shop, hardware store, hobby shop,
jewelry shop, job printing shop, key shop, liquor store, music store, office supply
store, pet shop, paint and wallpaper store, photography shop, record store, shoe
store, sporting goods store, stationery store, variety store, video sales and rental
store;
11. Service commercial establishments limited to the following and similar
uses: Catering service, financial institution, personal service including barber and
beauty shop, custom sewing, dry cleaning pickup station, Laundromat, ski repair
and rental, shop -craft industry, tailoring and shoe repair shop, parking lot or
parking garage, studio for instruction in the arts, radio or television broadcasting
facility;
12. Rental, repair and wholesaling facilities in conjunction with any of the
uses provided in Section 26.710.140(B)(1) through (11), provided all such activity
is clearly incidental and accessory to the permitted use and conducted within a
building;
13. Storage of materials accessory to any of the uses provided in Section
26.710.140(B)(1) through (12), provided all such storage is located within a
structure;
14.. Residential dwelling units which are located above street level commercial
uses, provided that the residential dwelling unit is restricted to six-month
minimum leases;
15. Accessory dwelling units meeting the provisions of Section 26.520.040;
16. Detached residential dwellings designated as historic landmarks;
17. Newspaper publishing office;
18. Home occupations;
19. Accessory buildings and uses; and
20. Farmers Market provided a vending agreement is obtained in accordance
with Section 15.04.350(B) of the Municipal Code.
o Ordinance 21 -'Flin ,'sh� re)
C. Conditional uses. The following uses. are permitted as conditional uses in the
Commercial Core (CC) zone district, subject to the standards and procedures established
in Chapter 26.425:
1. Recreational and entertainment establishments limited to the following
and similar uses: Business, fraternal or social club or hall; ice or roller skating
rink;
2. Gasoline service station;
3. Hotel;
4. Newspaper and magazine printing;
5. Child care center;
7. Residential dwelling units which are located above street level commercial
uses in historic landmarks and which are not restricted to six-month minimum
leases;
8. For properties which contain a historic landmark; bed and breakfast; two
detached residential dwellings or a duplex on a lot with a minimum area of 6,000
square feet; and
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Commercial Core (CC) zone district:
1. Minimum lot size (square feet): 3,000.
2. Minimum lot area per dwelling unit (square feet):
Multi -family: One bedroom per 1,000 square feet of lot area.
3. Minimum lot width (feet): No requirement.
4. Minimum_ front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear _yard setback (feet): No requirement except trasl-dutility
service area shall be required abutting alley. The dimensional requirement for the
utility/trash service area shall be as follows, unless reduced pursuant to Chapter
26.430:
a. Up to 6, 000 square feet of net leasable floor area within a
building: an area a minimum of 20 feet in length, measured parallel to the alley,
with a minimum vertical clearance of 10 feet and a minimum depth of 10 feet at
ground level.
b. Each additional 1,200 square feet of net leasable floor area within
a building, the minimum length measured parallel to the alley shall be increased
by 1 foot.
7. Maximum height (feet): 40, not to exceed 4 stories above grade.
8. Minimum distance between buildings on the lot (feet): 10 feet between two
detached residential dwellings, no requirement between principal and accessory
buildings.
9. Percent of open space required . for building site: 25, may be reduced by
special review pursuant to Chapter 26.430. -
10. External floor area ratio (applies to conforming and nonconforming lots
of record): For detached residential dwellings the external floor area ration
shall be the same as in the R6 zone district. All uses other than detached
residential dwellings: 1.5:1; however, the 1.5:1 external floor area ratio
may be increased to 2:1 by special review pursuant to Chapter 26.430;
however, if the external floor area ratio is increased by special review
pursuant to Chapter 26.430, then sixty (60) percent of the additional floor
area must be approved for residential use restricted to affordable housing.
Shown as proposed and &text
26.575.020 Calculations and measurements. The purpose of this Section is to set forth
supplemental regulations which relate to methods for calculating and measuring certain
enumerated terms as used in this Title. The definitions of the terms are set forth at
Section 26.104.100.
A. Floor area. In measuring floor areas for floor area ratio and allowable floor area,
the following applies:
1. General. In measuring floor area for the purposes of calculating floor area ratio and
allowable floor area, there shall be included that floor area within the surrounding
exterior walls (measured from their exterior surface) of a building, or portion thereof.
2. Decks, Balconies, Porches, Loggias and Stairways. The calculation of the floor area
of a building or a portion thereof shall not include decks, balconies, exterior
stairways, terraces and similar features, unless the area of these features is greater
than fifteen percent of the maximum allowable floor area of the building (the excess
of the 15% shall be included). Porches shall not be counted towards FAR..
3. Garages, Carports and Storage Areas. Garages, Carports and Storage Areas shall
be calculated and attributed to the allowable floor area for a parcel with the
same inclusions and exclusions for calculating Floor Area as defined in this
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4. Subgrade areas. To determine the portion of subgrade areas that are to be included in
calculating floor area, the following shall apply:
Partially exposed subgrade areas. For any story that is partially above and partially
below natural or finished grade, whichever is lower, the total percentage of exterior
surface wall area that is exposed above the most restrictive of the grades shall be the
total percentage of the gross square footage of the subject story included in the floor
area calculation. Subgrade stories with no exposed exterior surface wall area shall be
excluded from floor area calculations.
(Example: If 15% of the exterior surface wall area has been exposed above natural or
finished grade (whichever is lower), then 15% of the gross square footage of the
subject story will be included as floor area.)
5. Volume. Floor area ratio and allowable floor area for a residential building or portion
thereof shall include a calculation based on the relationship between every instance of
the exterior expressions and interior plate heights. All interior areas that include
exterior expression of a plate height greater than ten (10) feet shall be counted as two
(2) square feet per each square footage of actual floor area. Exterior expression shall
be defined as facade penetrations between nine (9) and twelve (12) feet above the
elevation of the finished floor, and circular, semi -circular or non -orthogonal facade
penetrations between nine (9) and fifteen (15) feet above the level of the finished
floor.
6. Accessory Dwelling Units and Alley Houses. An Accessory Dwelling Unit or Alley
House shall be calculated and attributed to the allowable floor area for a parcel with
the same inclusions and exclusions for calculating Floor Area as defined in this
Section, unless eligible for an exemption as described below:
Detached and permanently affordable ADU or Alley House Floor Area Exemption.
One Hundred (100) percent of the Floor Area of an ADU or Alley House which is
detached from the primary residence and deed restricted as a "For Sale" affordable
housing unit and transferred to a qualified purchaser in accordance with the
Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded
from the calculation of Floor Area, up to a maximum exemption of 1,200 square feet.
7. Affordable Housing Bonus. The Floor Area of a parcel containing a permanently
affordable "for sale" ADU or Alley House located on the same parcel which has
been transferred to a qualified purchaser in accordance with the Aspen/Pitkin
County Housing Authority Guidelines, as amended, shall be eligible for an
Affordable Housing Floor Area bonus equal to or lesser than the Floor Area of
the associated ADU or Alley House up to a maximum bonus of 1,200 square feet.
8. Linked Pavilion. Any element linking the principal structure to an accessory structure
shall not be included in the calculation of floor area provided that the linking structure
is no more than one (1) story tall, six (6) feet wide and ten (10) feet long. Areas of
linking structures in excess of ten feet in length shall be counted in floor area.
B. Building Heights.
1. Methods of Measurement for Varying Types of Roofs.
In the Commercial Core (CC), Commercial (Cl), Neighborhood Commercial
(NC), and Service/Commercial/Industrial (SCI) Zone Districts, the height of the
building shall be the maximum distance measured vertically from the natural or
finished grade, whichever is lower, to the top, ridge, or parapet of the structure.
For structures in all other zone districts, the height shall be measured as follows:
a. Flat Roofs or Roofs With a Slope of Less Than 3:12. The height of the building
shall be the maximum distance measured vertically from the natural or finished
grade, whichever is lower, to the top or ridge of a flat, mansard, or other roof with
a slope of less than 3:12.
b. Roofs With a Slope From 3:12 to 7:12. For roofs with a slope from 3:12 to 7:12,
height shall be measured vertically from the natural or finished grade, whichever
is lower, to the mean, height between the eave point and ridge of a gable, hip,
gambrel or other similar pitched roof. The ridge of a gable, hip, gambrel, or other
pitched roof shall not extend over five feet above the maximum height limit.
c. Roofs With a Slope of 8:12 or Greater. For roofs with a slope of 8:12 or greater,
height shall be measured vertically from the natural or finished grade, whichever
is lower, to a point one-third (1/3) of the distance up from the eave point to the
ridge. There shall be no limit on the height of the ridge. Chimneys and other
appurtenances may extend up to a maximum of two (2) feet above the ridge.
d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents
or similar structures shall not extend over ten (10) feet above the specified
maximum height limit, except for roofs with a pitch of 8:12 or greater, these
elements may not extend more than two (2) feet above the ridge. Water towers
and mechanical equipment shall not extend over five (5) feet above the specified
maximum height limit. Church spires, bell towers and like architectural
projections, as well as flag poles, may extend over the specified maximum height
limit.
2. Exceptions for Buildings on Slopes. The maximum height of a building's front (street
facing) facade may extend for the first thirty (3 0) feet of the building's depth.
3. Exceptions _for Areaways, Lightwells and Basement Stairwells. An areaway, lightwell
or basement stairwell of less than one hundred (100) square feet, entirely recessed
behind the vertical plane established by the portion of the building facade which is
closest to the street, and enclosed on all four sides to within eighteen (18) inches of
the first floor level shall not be counted towards maximum permissible height.
Exhibit 1)
Proposed C1 Zone
26.710.150 Commercial (C-1).
A. Purpose. The purpose of the Commercial (C-1) zone district is to provide for the
establishment of mixed -use buildings with commercial uses on the ground floor,
opportunities for affordable and free-market residential density, and to provide a
transition between the commercial core and surrounding residential neighborhoods.
B. Permitted uses. The following uses are permitted as of right in the Commercial
(C-1) zone district:
1. Uses allowed on Basement and Ground Floors: Retail Uses, Neighborhood
Commercial Uses, Service Uses, Office Uses, Uses and building elements
necessary and incidental to uses on other floors.
2. Uses allowed on Upper Floors: Retail Uses, Neighborhood Commercial Uses,
Service Uses, Office Uses, Lodging, Affordable Multi -Family Housing, Free -
Market Multi -Family Housing, home occupations.
3. Uses allowed regardless of building floor level: Arts, Cultural and Civic Uses,
Public Uses, Recreational Uses, Academic Uses, child care center, accessory uses
and structures, storage accessory to a permitted use, farmers market provided a
vending agreement is obtained pursuant to Section 15.04.350(B).
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial (C-1) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Lodging, Affordable Housing, Free -Market Housing, or home occupations on
Ground Floor.
2. Commercial Parking Facility, pursuant to Section 26.515;
3. For properties which contain a historic landmark; bed and breakfast; two detached
residential dwellings or a duplex on a lot with a minimum area of 6,000 square
feet.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Commercial Core (CC) zone district:
1. Minimum lot size (square feet): Single -Family and duplex
residential: 3,000. All other uses: No requirement.
2. Minimum lot area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear _yard setback (feet): No requirement except trash/utility
service area shall be required abutting alley. The dimensional requirement for the
utility/trash service area shall be as follows, unless reduced pursuant to Chapter
26.430:
a. Up to 6, 000 square feet of net leasable floor area within a building: an
area a minimum of 20 feet in length, measured parallel to the alley, with a
minimum vertical clearance of 10 feet and a minimum depth of 10 feet at
ground level.
b. Each additional 1, 200 square feet of net leasable floor area within a
building, the minimum length measured parallel to the alley shall be
increased by 1 foot.
7. Maximum height: To promote variety of building heights, the following
options are provided:
a. 42 feet for up . to three floors above grade. 52 feet for partial fourth
floor, pursuant to Special Review. (Fourth floor may not exceed .5:1
floor area.)
b. 45 feet for a four-story building. (Fourth floor may exceed .5:1 floor
area.)
c. Single Family and Duplex: 25 feet.
8. Minimum distance between buildings on the lot (feet): 10 feet between two
detached residential dwellings, no requirement between principal and accessory
buildings.
9. Percent of building site required for Pedestrian Amenity space: 25, may
be reduced by providing pedestrian amenity pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR) (applies to each type of use)
a. Commercial Uses: 1.5:1. Existing (prior to redevelopment) commercial
FAR may be replaced, subject to acknowledgement by City Zoning
Officer prior to demolition.
b. Affordable Multi -Family Housing: No limitation.
c. Free -Market Multi -Family Housing: .7 5: 1, which may be increased to 1:1
with extinguishment of Historic TDRs. Each City of Aspen Historic
Transferable Development Right certificate extinguished, pursuant to
Section 26.TDR.Extinguish, shall allow an additional 750 square feet of
free market housing. Total FAR of free-market housing may not exceed
FAR of affordable housing located on same parcel.
d. Detached residential and duplex dwellings: Same as R6 Zone District.
e. All other uses: 3:1.
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ExhibitiV
Existing C1 Zone
26.710.150 Commercial (C-1).
A. Purpose. The purpose of the Commercial (C-1) zone district is to provide for the
establishment of commercial uses which are not primarily oriented towards serving the tourist
population.
B . Permitted uses. The following uses are permitted as of right in the Commercial (C-1) zone
district:
1. Medical clinics and dental clinics, professional and business offices;
2. Open -use recreation site, recreation club, assembly hall, theatre;
3. Church;
4. Public building for administration;
5. Retail commercial establishments limited to the following and similar uses: Antique
store, appliance store, art supply store, bookstore, photo and camera shop, art gallery, clothes
store, florist, hobby or craft shop, jewelry store, pet shop, furniture store, hardware store, paint
and wallpaper store, shoe store, video sales and rental store;
6. Service commercial establishments limited to the following and similar uses: Catering
service, financial institution, office supply store, shop -craft industry, parking garage, and
personal service shops including barber shop and beauty shop;
7. Accessory storage for the above uses if located within the structure;
8. Accessory dwelling units meeting the provisions of Section 26.520.040;
9. Detached residential dwellings and multifamily dwellings;
10. Broadcasting stations;
11. Home occupations;
12. Accessory buildings and uses;
13. Food market; and
14. Farmers Market provided a vending agreement is obtained in accordance with Section
15.04.350(B) of the Municipal Code.
C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-
1) zone district, subject to the standards and procedures established in Chapter 26.425 :
1. Restaurant;
2. Child care center; and
3. Printing plant.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Commercial (C-1) zone district:
1. Minimum lot size (square_ feet):
Commercial uses: 3,000.
Residential uses: 6,000.
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: 6,000.
b. Duplex: 3,000 per unit.
C. Multi family dwellings on lot between 6, 000 and 9, 000 square feet:
Studio: 1,000.
1 bedroom; 1,200.
2 bedroom: 2,000.
3 bedroom: 3,000.
3+ bedrooms: One (1) bedroom per 1,000 square feet of lot area.
d. Multi -family dwellings on lot of more than 9,000 square feet:
Studio: 1,000.
1 bedroom; 1,250.
2 bedroom: 2,100.
3 bedroom: 3,630.
3+ bedrooms: One (1) bedroom per 1,000 square feet of lot area.
e. Multi family dwellings on a lot of 27, 000 square feet or less, when at least fifty
percent (50%) of the units built on -site are restricted as affordable housing:
Studio: 500.
1 bedroom: 600.
2 bedroom: 1,000.
3 bedroom: 1,500.
3+ bedrooms: One (1) bedroom per 500 square feet of lot area.
f. Multi family dwellings on a lot of 27,000 square feet or less, when one
hundred percent (100%) of the units built on -site are restricted as affordable housing:
Studio: 300.
1 bedroom: 400.
2 bedroom: 800.
3 bedroom: 1,200.
3+ bedrooms: One (1) bedroom per 400 square feet of lot area.
3. Minimum lot width (feet): No requirement.
4. Minimum, ront yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard. setback (feet): No requirement except trash/utility service area
shall be required abutting alley. The dimensional requirement of the trash/utility service area
shall be as follows unless reduced pursuant to Chapter 26.430:
a. For up to six thousand 6,000 square feet of net leasable floor area within a
building: an area a minimum of 20 feet in length, measured parallel to the alley, with a
minimum vertical clearance of 10 feet and a minimum depth of 10 feet at ground
level.
b. For each additional 1,200 square feet of net leasable floor area within a
building, the minimum length measured parallel to the alley shall be increased by one
(1) foot.
7. Maximum height (feet): 40, not to exceed 4 stories above grade.
8. Minimum distance between principal and accessory buildings (feet): No requirement.
9. Percent of open space required for building site: 25.
10. External floor area ratio (applies to conforming and nonconforming lots of record):
For detached residential dwellings and duplexes the external floor area ratio shall be the same
as in the R6 zone district. All uses other than detached residential and duplex dwellings: 1:1;
however, the 1:1 external floor area ratio may be increased to 1.5:1 by special review pursuant
to Chapter 26.430; however, if the external floor area ratio -is increased by special review
pursuant to Chapter 26.430, then sixty (60) percent of the additional floor area must be
approved for residential use restricted to affordable housing.
Exhibit
Proposed NC Zone
26.710.170 Neighborhood Commercial (NC).
A. Purpose. The purpose of the Neighborhood Commercial (NC) zone district is to
provide for the establishment of mixed -use buildings with commercial uses serving the
daily or frequent needs of the surrounding neighborhood, thereby reducing traffic
circulation and parking problems, to provide opportunities for affordable and free-market
residential density, and to provide a transition between the commercial core and
surrounding residential neighborhoods.
B. Permitted uses. The following uses are permitted as of right in the Neighborhood
Commercial (NC) zone district:
1. Uses allowed on Basement and Ground Floors: Neighborhood Commercial Uses,
Service Uses, Office Uses, Uses and building elements necessary and incidental
to uses on other floors.
2. Uses allowed on Upper Floors: Neighborhood Commercial Uses, Service Uses,
Office Uses, Lodging, Affordable Multi -Family Housing, Free -Market Multi -
Family Housing, home occupations.
3. Uses allowed regardless of building floor level: Arts, Cultural and Civic Uses,
Public Uses, Recreational Uses, Academic Uses, child care center, accessory uses
and structures, storage provided such storage is accommodated within a structure,
farmers market provided a vending agreement is obtained pursuant to Section
15.04.350(B).
C. Conditional uses. The following uses are permitted as conditional uses in the
Neighborhood Commercial (NC) zone district, subject to the standards and procedures
established in Chapter 26.425:
1. Lodging, Affordable Housing, Free -Market Housing, or home occupations on
Ground Floor.
2. Commercial Parking Facility, pursuant to Section 26.515;
3. For properties which contain a historic landmark; bed and breakfast; two detached
residential dwellings or a duplex on a lot with a minimum area of 6,000 square
feet.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Neighborhood Commercial (NC) zone district:
l . Minimum lot size (square_ feet): Single -Family and duplex
residential: 3,000. All other uses: No requirement.
2. Minimum lot area per dwelling unit (square_ feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): 5 feet
5. Minimum side yard setback (feet): 5 feet
6. Minimum rear yard setback (feet): No requirement.
7. Maximum height: To promote variety of building heights, the following
options are provided:
a. 42 feet for up to three floors above grade. 52 feet for partial fourth
floor, pursuant to Special Review. (Fourth floor may not exceed .5:1
floor area.)
b. 45 feet for a four-story building. (Fourth floor may exceed .5:1 floor
area.)
c. Single Family and Duplex: 25 feet.
8. Minimum distance between buildings on the lot (feet): 10 feet between two
detached residential dwellings, no requirement between principal and accessory
buildings.
9. Percent of building site required for Pedestrian Amenity space: 25, may
be reduced by providing pedestrian amenity pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR) (applies to each type of use)
a. Commercial Uses: 1.5:1. Existing (prior to redevelopment) commercial
FAR may be replaced, subject to acknowledgement by City Zoning
Officer prior to demolition.
b. Affordable Multi -Family Housing: No limitation.
c. Free -Market Multi -Family Housing: .75: 1, which may be increased to 1:1
with extinguishment of Historic TDRs. Each City of Aspen Historic
Transferable Development Right certificate extinguished, pursuant to
Section 26. TDR. Extinguish, shall allow an additional 750 square feet of
free market housing. Total FAR of free-market housing may not exceed
FAR of affordable housing located on same parcel.
d. Detached residential and duplex dwellings: Same as R6 Zone District.
e. All other uses: 3:1.
E-Ir
Exhibit
Existing NC Zone
26.710.170 Neighborhood Commercial (NC).
A. Purpose. The purpose of the Neighborhood Commercial (NC) zone district is to
allow small convenience retail establishments as part of a neighborhood, that are
designed and planned to be compatible with the surrounding neighborhood, to reduce
traffic generation, and mitigate traffic circulation and parking problems, and to serve the
daily or frequent trade or service needs of the neighborhood.
B. Permitted uses. The following uses are permitted as of right in the Neighborhood
Commercial (NC) zone district:
1. Drug store;
2. Food market;
3. Liquor store.;
4. Dry cleaning and laundry pick-up station;
5. Barber shop;
6. Beauty shop;
7. Post office branch;
8. Record store;
9. T.V. sales and service shop;
10. Shoe repair shop;
11. Video rental and sale shop;
12. Accessory residential dwellings restricted to affordable housing
guidelines;
13. Accessory buildings and uses; and
14. Farmers Market provided a vending agreement is obtained in accordance
with Section 15.04.350(B) of the Municipal Code.
C. Conditional Uses. The following uses are permitted as conditional uses in the
Neighborhood Commercial (NC) zone district, subject to the standards and procedures
established in Chapter 26.425:
1. Service station;
2. Laundromat;
3. Garden shop;
4. Hardware store;
5. Paint and wallpaper store;
6. Carpet, flooring and drapery shop;
7. Business and professional office;
8. Free market dwelling units which are accessory to other permitted uses;
and
9. Home occupation.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Neighborhood Commercial (NC) zone district.
1. Minimum lot.size (square feet): 3,000.
2. Minimum lot area per dwelling unit (square_ feet):
a. Accessory dwelling units on lots between 3, 000 and 9, 000 square
feet:
Studio: 1,000.
1 bedroom: 1,200.
2 bedroom: 2,000.
3 bedroom: 3,000.
3+ bedrooms: One (1) bedroom per 1,000 square feet of lot area.
b. Accessory dwelling units on lots more than 9, 000 square feet:
Studio: 1,000.
1 bedroom: 1,250.
2 bedroom: 2,100.
3 bedroom: 3,630.
3+ bedrooms: One (1) bedroom per 1,000 square feet of lot area.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 10.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): 5.
7. Maximum height (feet): 28 (increasable to 32 by special review pursuant
to Chapter 26.430).
8. Minimum distance between principal and accessory buildings (feet): No
requirement.
9. Percent of open space required for building site: 25.
10. External floor area ratio: 1: 1.
Exhibit
Proposed SCI Zone
26.710.160 Service/Commercial Industrial (SCI).
A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) zone district is to
preserve and enhance locally -serving, primarily non -retail small business areas to
ensure a more balanced permanent community; to protect the few remaining such
small business parks historically used primarily for light industrial uses,
manufacturing, repair, storage and servicing of consumer goods, with limited retail,
showroom, or customer reception areas. The SCI zone district contains uses that may
not be appropriate in other zone districts, and do not require or generate high
customer traffic volumes, and permits customary accessory uses, including residential
dwelling units on upper levels.
B. Permitted uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (S/C/I) zone district. Except as noted below, each of
the permitted uses may have, in combination, no more than 20% of the floor area
devoted to retail sales, showroom, or customer reception. This floor area percentage
may be increased through Special Review by the Commission, pursuant to Section
26.430, and according to the standards of Section 26.710.160(E).
Uses which may use up to 100% of the floor area for retail sales, showroom, or customer
reception:
1. Manufacturing, repair, servicing, detailing, sales, and rental of consumer goods such
as:
A. Building materials, components, hardware, fixtures, and equipment.
B. Automobiles and motorcycles, including parts.
C. Fabric and sewing supply.
Uses which may use, in combination, up to 20% of the floor area for retail sales,
showroom, or customer reception:
l . Manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as:
Household appliances; electronic equipment; furniture; clothing; or sporting goods.
2. Building/landscape maintenance facility.
3. Typesetting and printing.
4. Photo processing laboratory.
5. Locksmith.
6. Post Office branch.
7. Shipping and,receiving services.
8. Automobile washing facility.
9. Catalogue sales store.
10. Laundromat.
11. Commercial dry cleaning.
12. Recycling center.
13. Artists studio.
SCI Zone Page 1
14. Veterinary clinic.
15. Animal boarding facility.
16. Animal grooming establishment.
17. Brewery and brewing supply.
18. Coffee roasting and supply.
19. Commercial Kitchen or Bakery.
20. Warehousing and storage.
21. Service yard accessory to a permitted use.
22. Sales and rental accessory and incidental to a permitted use.
23. Accessory buildings and uses.
Uses only allowed on Upper Floors:
1. Neighborhood Commercial, Service, or Office Uses.
2. Affordable Multi -Family Housing.
3. Free -Market Multi -Family Housing.
4. Home occupations.
C. Conditional uses. The following uses are permitted as conditional uses in the
Service/Commercial/ Industrial (S/C/I) zone district, subject to the standards and
procedures established in Chapter 26.425. The Commission shall establish the
appropriate amount of floor area devoted to retail sales, showroom, or customer reception
for each conditional use during the review.
1. Neighborhood Commercial, Service, or Office Uses located on the Ground Floor.
2. Consignment retail establishment.
3. Commercial Parking Facility, pursuant to Section 26.515.
4. Gasoline service station.
5. Design Studio in SCI zoned space, such that at no time shall this use exceed 9,OOQ
square feet total for all land in the SCI zone district.
6. Artist's Studio with ancillary residence.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Commercial Core (CC) zone district:
Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum fi°ont yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement.
7. Maximum height: From IAG Report
a. 45 feet for up to four floors above grade. 55 feet for partial fourth
floor, not exceeding .5:1 floor area, pursuant to Special Review.
SCI Zone Page 2
b. An additional 5 feet of total height may be approved, pursuant to
Special Review, Section 26.430 and according to the standards of
Section 26.710.160(E), to increase first floor ceiling height.
7. Maximum height: Chris' Alternate (CC Height)
a. 42 feet for up to three floors above grade. 52 feet for partial fourth
floor, pursuant to Special Review. (Fourth floor may not exceed .5:1
floor area.)
b. 45 feet for a four-story building. (Fourth floor may exceed .5:1 floor
area.)
c. An additional 5 feet of total height may be approved, pursuant to
Special Review, Section 26.430 and according to the standards of
Section 26.710.160(E), to increase first floor ceiling height.
8. Minimum distance between buildings on the lot (feet): No Requirement.
9. Percent of building site required for Pedestrian Amenity space: No
requirement.
10. Floor Area Ratio (FAR) (applies to each type of use)
a. SCI Uses: 2:1.
b. Neighborhood Commercial, Service, or Office Uses: .5:1, only if a
minimum of .75:1 FAR for SCI uses exists on the same parcel.
c. Affordable Multi -Family Housing: No limitation.
d. Free -Market Multi -Family Housing: .75: 1, which may be increased to 1:1
if a minimum of .5:1 FAR of affordable housing exists on the same parcel.
E. Special Review Standards. Whenever the dimensional standards of a proposed
development within the SCI Zone District are subject to Special Review, the development
application shall be processed as a Special Review, pursuant to Section 26.430, and shall
be approved, approved with conditions, or denied based on conformance with the
following criteria:
1. To increase the allowable height the applicant shall demonstrate the need for
additional height, the appropriateness of the additional height and massing, and shall
demonstrate consistency with the purpose of the SCI Zone District. The additional
height shall only be used to increase the usable floor to ceiling height of the ground
floor and shall not be used to accommodate additional clear space on upper floors.
2. To increase the allowable percentage of interior space assigned to retail, showroom,
or customer reception area, the applicant shall demonstrate the need and
appropriateness for such additional space and shall demonstrate consistency with the
purpose of the SCI Zone District. The approved additional percentage for a specific
use shall be limited to that use and not applicable to subsequent uses in the same
space.
SCI Zone Page 3
F I'
Exhibit
Existing SCI Zone
26.710.160 Service/Commercial/Industrial (S/C/1).
A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) zone
district is to allow for the use of land for the preservation or development of limited
commercial and industrial uses which: may not be appropriate in other zone districts; do
not require or generate high customer traffic volumes; are primarily oriented to the
manufacturing, repair, storage, and servicing of consumer goods and have a limited
office, showroom, retail, or customer reception area; and, to permit artist's studios as well
as customary accessory uses, including affordable residential dwelling units accessory to
permitted uses.
B. Permitted uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (S/C/I) zone district. Except as noted below, each of the
permitted uses may have, in combination, no more than 25% of its floor area devoted to
retail sales, office, showroom, or customer reception. This floor area percentage may be
increased through conditional use review by the Commission.
1. Building materials, components, and equipment, fabrication, sales, rental, repair,
and servicing with up to 100% of the floor area devoted to office, showroom,
retail, or customer reception use.
2. Automobile and motorcycle repair, servicing, and detailing.
3. Automobile and motorcycle parts sales with up to 100% of the floor area devoted
to office, showroom, retail, or customer reception use.
4. Fabric and sewing supply with up to 100% of the floor area devoted to office,
showroom, retail, or customer reception use.
5. Manufacturing, repair, alteration, tailoring, and servicing of consumer goods such
as household appliances, electronic equipment, furniture, clothing, or sporting
goods.
6. Building maintenance facility.
7. Typesetting and printing.
8. Commercial kitchen.
9. Design Studio..
10. Artist's Studio.
11. Rehearsal or teaching studio for the creative, performing, and/or martial arts with
no public performances.
12. Locksmith.
13. Post office.
14. Animal grooming establishment.
15. Warehousing and storage.
16. Service yard accessory to a permitted use.
17. Home occupations.
18. Accessory buildings and uses.
19. Other similar uses considered appropriate as a permitted use by the Community
Development Director, pursuant to Section 26.306 Interpretations, as amended.
20. Any use established prior to adoption of Ordinance 2, Series 1999, subject to the
non -conforming use provisions of Section 26.312, as amended.
C. Conditional Uses. The following uses are permitted as conditional uses in
the Service/Commercial/ Industrial (S/C/I) zone district, subject to the standards and
procedures established in Chapter 26.425. Except as noted below, each of the conditional
uses may have, in combination, no more than 25% of its floor area devoted to retail sales,
office, showroom, or customer reception unless otherwise approved by the Commission.
1. Gas station.
2. Automobile and motorcycle sales, rental, or washing facility.
3. Sales and rental of consumer goods such as household appliances, electronic
equipment, furniture, clothing, or sporting goods.
4. Consignment retail establishment for the second-hand sale of consumer goods
such as household appliances, electronic equipment, furniture, clothing, or
sporting goods with up to 100% of the floor area devoted to showroom, retail, or
customer reception area.
5. Catalogue sales store.
6. Photo processing laboratory with no showroom, retail, or customer reception area.
7. Laundromat.
8. Commercial dry cleaning and laundry.
9. Recycling center.
10. Veterinary clinic.
11. Animal boarding facility.
12. Tattoo parlor.
13. Brewery and brewing supply.
14. Coffee roasting and supply.
15. A permitted or conditional use which demonstrates the need for, and
appropriateness of, having, in combination, more than 25% of the floor area
devoted to retail sales, office, showroom, or customer reception.
16. Studio, one (1) bedroom, or two (2) bedroom affordable residential dwelling
unit(s) accessory to a permitted or approved conditional use, meeting the current
net minimum livable square footage requirements for newly deed restricted
affordable housing units (as defined by the Aspen/Pitkin County Housing
Authority), located entirely above natural or finished grade, whichever is higher,
and entirely above any non-residential use within the structure, deed restricted to
affordable housing guidelines for Categories 1, 2, or 3.
17. Other similar uses considered appropriate as a conditional use by the Community
Development Director, pursuant to Section 26.306 Interpretations, as amended.
D. Dimensional requirements. The following dimensional requirements
shall apply to all permitted and conditional uses in the Service/Commercial/Industrial
(S/C/I) zone district.
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit (square feet):
Studio: 625.
1 bedroom: 875.
2 bedroom: 1,125.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard (feet): No requirement.
5. Minimum side yard (feet): No requirement.
6. Minimum rear yard (feet): No requirement.
7. Maximum height (feet) : 3 5.
8. Minimum distance between principle and accessory buildings (feet): No
requirement.
9. Percent of open space required for building site: No requirement.
10. External floor area ratio: 1:1. May be increased to 2:1 provided additional floor
area is for affordable housing use only.
11. Internal Floor area ratio: No requirement.
(Ord. No.-2, 1999, §1)
Exhibit
Proposed MS Zone
26.710.180 Main Street Mixed -Use (MS).
A. Purpose. The purpose of the Main Street Mixed -Use (MS) Zone District is to
provide for a variety of single-family, lodging, and mixed -use buildings with commercial
uses serving the daily or frequent needs of the surrounding neighborhood, and to provide
a variety of building sizes compatible with the character of the Historic District.
B. Permitted uses. The following uses are permitted as of right in the Main Street
Mixed -Use (MS) zone district:
1. On Historic Landmark Properties: Retail Uses and Neighborhood Commercial
Uses,
2. Service Uses,
3. Office Uses,
4. Lodging,
5. Arts, Cultural and Civic Uses,
6. Public Uses,
7. Recreational Uses,
8. Academic Uses,
9. Child care center,
10. Affordable Multi -Family Housing,
11. Free -Market Multi -Family Housing,
12. Single Family Residence
13. Duplex Residence
14. Two Detached Single -Family Residences
15. Home occupations,
16. Accessory uses and structures,
17. Storage accessory to a permitted use.
C. Conditional uses. The following uses are permitted as conditional uses in the
Main Street Mixed -Use (MS) zone district, subject to the standards and procedures
established in Chapter 26.425:
1. Commercial Parking Facility, pursuant to Section 26.515.
2. Bed and breakfast
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Commercial Core (CC) zone district:
1. Minimum lot size (square feet): 6,000. For Historic Landmark properties:
3,000.
2. Minimum lot area per dwelling unit (square _ feet).- Single -Family and
duplex structures: 6,000 square feet. Single -Family and duplex structures on
Historic Landmark properties: 3,000 square feet. All other uses: No requirement.
3. Minimum lot width (feet): 30.
4. Minimum fi°ont yard setback (feet): 10, which may be reduced to 5,
pursuant to Special Review, Section 26.430.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet): 5.
7. Maximum height. -
a. Lodge, Multi -Family, and Mixed -Use Buildings: 32 feet, which may
be increased to 35 feet by Special Review, pursuant to Section 26.430.
b. Single -Family and Duplex: 25 feet
8. Minimum distance between buildings on the lot (feet): 10.
9. Percent of building site required for Pedestrian Amenity space: No
requirement.
10. Floor Area Ratio (FAR) (applies to each type of use)
a. Commercial Uses: .5:1. which may be increased to .75:1 by Special
Review, pursuant to Section 26.430.
b. Lodge: 1:1. which may be increased to 1.5:1 by Special Review, pursuant
to Section 26.430.
c. Affordable Multi -Family Housing: No limitation.
d. Free -Market Multi -Family Housing: .5: 1, which may be increased to .75:1
with extinguishment of Historic TDRs. Each City of Aspen Historic
Transferable Development Right certificate extinguished, pursuant to
Section 26. TDR. Extinguish, shall allow an additional 750 square feet of
free market housing. Total FAR of free-market housing may not exceed
FAR of affordable housing located on same parcel.
e. Detached residential and duplex dwellings: Same as R6 Zone District.
Exhibi&
Existing O Zone
26.710.180 Office (0).
A. Purpose. The purpose of the Office (0) zone district is to provide for the establishment of
offices and associated commercial uses in such a way as to preserve the visual scale and character of
former residential areas that now are adjacent to commercial and business areas, and commercial uses
along Main Street and other high volume thoroughfares.
B. Permitted uses. The following uses are permitted as of right in the Office (0) zone* district:
1. Detached residential dwellings, multi -family dwellings;
2. Professional business offices;
3. Accessory residential dwellings restricted to affordable housing guidelines;
4. Home occupations;
5. Group homes;
6. Accessory buildings and uses;
7. Dormitory; and
8. A mixed -use building(s) comprised of a residential dwelling unit and permitted and
conditional uses in the Office (0) zone district so long as such conditional use has been approved
subject to the standards and procedures established in Chapter 26.425; and
9. Accessory dwelling units meeting the provisions of Section 26.520.040.
C. Conditional uses. The following uses are permitted as in the Office (0) zone district, subject
to the standards and procedures established in Chapter 26.425:
1. Only for those structures that have received historic landmark designation: antique
store, art studio, bakery, bed and breakfast, boarding house, bookstore, broadcasting station,
church, dance studio, florist, fraternal lodge, furniture store, mortuary, music store (for the
sale of musical instruments), music studio, restaurant, shop craft industry, visual arts gallery;
provided, however, that (a) no more than two (2) such conditional uses shall be allowed in
each structure, and (b) off-street parking is provided, with alley access for those conditional
uses along Main Street;
2. Duplex residential dwelling, of which one unit shall be restricted as affordable housing
to the middle income price and occupancy guidelines. The affordable housing unit shall
comprise a minimum of one-third (1/3) of the total floor area of the duplex. In the alternative,
both may be free market units if an accessory dwelling unit shall be provided for each unit;
3. Two (2) detached residential dwellings or a duplex on a lot containing a historic
landmark with a minimum area of 6,000 square feet, of which one unit shall be restricted as
affordable housing to the middle income price and occupancy guidelines. The affordable
housing unit shall comprise a minimum of one-third (1/3) of the total floor area of the two
dwellings. In the alternative, both may be free market units if an accessory dwelling unit shall
be provided for each unit;
4. Child care center;
5. Commercial parking lot or parking structure that is independent of required off-street
parking, provided that it is not located abutting Main Street;
6. Health and fitness facility; and
7. Lodge units and lodge units with kitchens.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Office (0) zone district:
1. Minimum lot size (square_ feet): 6,000.
2. Minimum lot area per dwelling unit (square_ feet):
a. Detached residential dwelling: 6,000.
b. Duplex: 3,000 per unit.
C. Multi family dwellings on lot between 6, 000 and 9, 000 square feet:
Studio: 1,000.
1 bedroom; 1,200.
2 bedroom: 2,000.
3 bedroom: 3,000.
3+ bedrooms: One (1) bedroom per 1,000 square feet of lot area.
d. Multi family dwellings on lot of more than 9, 000 square feet:
Studio: 1,000.
1 bedroom; 1,250.
2 bedroom: 2,100.
3 bedroom: 3,630.
3+ bedrooms: One (1) bedroom per 1,000 square feet of lot area.
e. Multi family dwellings on a lot of 27, 000 square feet or less, when at least fifty
percent (50%) of the units built on -site are restricted as affordable housing:
Studio: 500.
1 bedroom: 600.
2 bedroom: 100.
3 bedroom: 1,500.
3+ bedrooms: One (1) bedroom per 500 square feet of lot area.
f. Multi family dwellings on a lot of 27,000 square feet or less, when one
hundred percent (100%) of the units built on -site are restricted as affordable housing:
Studio: 3 00.
1 bedroom: 400.
2 bedroom: 800.
3 bedroom: 1,200.
3+ bedrooms: One (1) bedroom per 400 square feet of lot area.
3. Minimum lot width (feet): 60.
4. Minimum front yard setback (feet):
Principal building: 10.
Accessory building: 10.
5. Minimum side _yard setback (feet): 5.
6. Minimum rear yard setback (feet):
Principal building: 15.
Accessory building: 15.
7. Maximum .height (feet).
Principal building: 25.
Accessory building: 21 on front 2/3's of lot, 25 on rear 1/3 of lot
8. Minimum distance between buildings on the lot (feet): 10.
9. Percent of open space required_ for building site: No requirement.
10. External floor area ratio (aviglies to conforminz and nonconforminz lots of record):
For detached residential dwelling units and duplexes the external floor area shall be the same
as in the R6 zone district. All uses other than detached residential and duplex dwellings:
0.75 :1; however, the 0.75 :1 external floor area ratio may be increased to 1:1 by special review
pursuant to Chapter 26.430; however, if the external floor area ratio is increased by special
review pursuant to Chapter 26.430, then sixty (60) percent of the additional floor area must be
approved for residential use restricted to affordable housing.
Exhibit
26.412
COMMERCIAL DESIGN REVIEW
26.412.010
Purpose.
26.412.020
Authority.
26.412.030
Applicability.
26.412.040
Procedure
26.412.050
Review Criteria.
26.412.060
Commercial Design Standards.
26.412.070
Suggested Design Elements.
26.412.080
Amendment of Commercial Design Review Approval.
26.412.090
Appeals
26.412.010 Purpose.
The purpose of Commercial Design Review is to preserve and foster proper commercial
district scale and character, and to ensure that Aspen's commercial areas and streetscapes
are public places conducive to walking. The review standards do not prescribe
architectural style, but do require certain building elements contribute to the streetscape.
The character of Aspen's commercial district is largely established by the relationship
between front facades of buildings and the streets they face. By requiring certain building
elements, storefronts are more appealing and new, or remodeled, commercial buildings
can contribute to a well -designed commercial district.
Accommodation of the automobile within commercial districts is important to the
consistency and quality of pedestrian streetscapes. The standards prescribe certain
methods of accommodating on -site parking to achieve environments conducive to
walking.
Acknowledgement of the context that has been established by the existing built
environment is important to protecting the uniqueness of the town. To achieve
compatibility, certain standards require building elements to be influenced by adjoining
development, views, pedestrian malls, or sun angles.
Finally, along with creating architecturally interesting and lively primary streets, the
pedestrian nature of downtown can be further enhanced by making alleys an attractive
place to walk. Store entrances and .display windows along alleyways are encouraged to
augment, while not detracting from, the pedestrian interest of primary streets.
26.412.020 Authority.
The Planning and Zoning Commission, in accordance with the procedures, standards,
and limitations of this Chapter and of Common Development Review Procedures,
Section 26.304, shall approve, approve with conditions, or disapprove a land use
application for Commercial Design Review, pursuant to Section 26. * *, Review
Criteria.
If the proposed development involves a property listed on the Aspen Inventory of
Historic Landmark Sites and Structures, the Historic Preservation Commission, in
accordance with the procedures, standards, and limitations of this Chapter and of
Common Development Review Procedures, Section 26.304, shall approve, approve
with conditions, or disapprove a land use application for Commercial Design
Standards Review, pursuant to Section 26. * *, Review Criteria.
26.412.030. . Applicability. This section applies to all commercial, lodging, and mixed -
used development with a commercial component, within the City of Aspen requiring a
building permit.
Applications for commercial development may be exempted from the provisions of this
section by the Community Development Director if the development is:
1. An addition or remodel of an existing structure that does not change the exterior
of the building.
2. A remodel of a structure where alterations proposed change aspects of the exterior
of the building not addressed by any of the Commercial Design Standards.
26.412.040 Procedure
A. Pre Application.
Pursuant to Section 26.304.020, Pre -Application Conference, Applicants are
encouraged to meet with a City Planner of the Community Development Department
to clarify the requirements of this section and to determine if a project may be
exempted from the provisions of this section. This step is not mandatory.
B. Application
A development application for Commercial Design Review shall include the requisite
information and materials, pursuant to Section 26.304.030. In addition, the
application shall include scaled floor plans and elevations for the proposed
development. The Community Development Director, at his/her own discretion, may
require additional submission materials according to the complexity of the
development proposal. The application shall be submitted to the Community
Development Department along with any requisite review fees.
C. Community Development Director Review.
The Community Development Director shall review the proposed development in
relation to Section 26. * *, Review Criteria, and prepare a recommendation to the
Planning and Zoning Commission, or Historic Preservation Commission if the
development includes a property listed on the Aspen Inventory of Historic Landmark
Sites and Structures, pursuant to Section 26.304.050(B), Review and
Recommendation by Community Development Director.
D. Planning and Zoning Commission or Historic Preservation Commission Review.
Applications for Commercial Design Review shall be forwarded to the Planning and
Zoning Commission, or the Historic Preservation Commission if the property is listed
on the Aspen Inventory of Historic Landmark Sites and Structures, along with a
recommendation by the Community Development Director.
The applicable decision -making body shall review the proposed development, at a
public hearing, in relation to the criteria of Section 26. * *, Review Criteria, pursuant
to Section 26.304.060 Review of a Development application by decision -making
bodies, and approve, approve with conditions, or deny the application.
Public notice for the public hearing shall be provided by publication, posting, and
mailing. (See Section 26.304.060(E)(3)(a), (b), and (c).)
26.412.050 Review Criteria.
An application for Commercial Design Review may be approved, approved with
conditions, or denied based on conformance with the following criteria:
1. The proposed development meets the requirements of Section 26.**, Commercial
Design Standards or any deviation from the Standards provides a more -
appropriate pattern of development considering the context in which the
development is proposed and the purpose of the particular standard. Compliance
with Section 26. * *, Suggested Design Elements, is not required but may be used
to justify a more -appropriate pattern of development and a deviation from the
Standards.
2. For proposed development converting an existing structure to commercial use, the
proposed development meets the requirements of Section 26.**, Commercial
Design Standards, to the greatest extent practical. Amendments to the fagade of
the building may be required to comply with this section.
3. For properties listed on the Inventory of Historic Sites and Structures, the
proposed development is also consistent with the Historic Preservation Design
Guidelines or the Historic Preservation Commission believes the proposed
development meets or exceeds the intent of the Design Guidelines.
26.412.060 Commercial Design Standards. The following design standards shall apply
to commercial, lodging, and mixed -use development:
A. Building Relationship to Primary Street.
A street wall is comprised of buildings facing principal streets and public pedestrian
spaces. Consistent street walls provide a sense of a coherent district and frame an
outdoor room. Interruptions in this enclosure can lessen the quality of a commercial
street. Corner buildings are especially important, in that they are more visible and their
scale and proportion affects the street walls of two streets. Well -designed and located
pedestrian open spaces can positively affect the quality of the district, while remnant or
leftover spaces can detract from the downtown. A building's relationship to the street is
entirely important to the quality of the downtown pedestrian environment. Split-level
retail and large vertical separations from the sidewalk can disrupt the coherence of a retail
district. The following standards shall apply:
l . Building facades shall be parallel to the adjoining primary streets. Minor
elements of the building facade may be developed at irregular angles.
2. Building facades along primary streets shall be setback no more than the average
setback of the adjoining buildings and no less than the minimum requirement of
the particular zone district. Exempt from this provision are building setbacks
accommodating On -Site Pedestrian Amenity, pursuant to Section 26.575.030.
3. Building facades along primary streets shall maintain a consistent setback on the
first and second story.
4. Commercial buildings shall be developed with the first floor at, or within two (2)
feet above, the level of the adjoining sidewalk, or right-of-way if no sidewalk
exists. "Split-level" retail frontage is prohibited.
5. Commercial buildings incorporating a setback from a primary street shall not
incorporate a substantial grade change between the building facade and the public
right-of-way. "Moats" surrounding buildings are not permitted.
6. Any on -site pedestrian spaces shall comply with section 26.575.030, On -Site
Pedestrian Amenity
B. Street -Level Building Elements.
The "storefront," or street -level portion of a commercial building is perhaps the single
most important element of a commercial district building. Effective storefront design can
make an entire district inviting and pedestrian friendly. Inappropriate storefront design
can become a detriment to the vitality of a -commercial district. In order to be an effective
facility for the sale of goods and services, the storefront has traditionally been used as a
tool to present those goods and services to the passing pedestrian (potential customer).
Because of this function, the storefront has traditionally been as transparent as possible to
allow maximum visibility to the interior. The following standards shall apply:
l . Boring, blank walls are prohibited. Fenestration, or an alternate means of facade
articulation, is required on all exterior walls.
2. Retail buildings shall incorporate, at a minimum, a 60% fenestration to solid ratio
on exterior street -level walls facing primary streets. This provision may be
reduced or eliminated for lodging properties with no, or limited, street -level retail,
office buildings, and for Service /Commercial /Industrial buildings.
3. Building entrances shall be well-defined and apparent.
4. Non-traditional storefronts, such as along an alleyway, are encouraged.
C. Parking.
Parking is a necessary component of a successful commercial district. The manner in
which parking is physically accommodated has a larger impact upon the quality of the
district that the amount of parking. Surface parking separating storefronts from the street
creates a cluttered, inhospitable pedestrian environment. A downtown retail district
shaped by buildings, well -designed storefronts, and a continuous street wall is highly
preferred over a district shaped by parking lots. Well -placed and well -designed access
points to parking garages can allow convenient parking without disrupting the retail
district. The following standards shall apply:
1. Parking shall only be accessed from alleyways, unless such access is unavailable
or an unreasonable design solution in which case access from a primary street
shall be designed in a manner that minimizes disruption of the pedestrian
environment.
2. Surface parking shall not be located between the primary street right-of-way and
the building fagade.
3. Above grade parking garages in commercial districts shall incorporate ground -
floor commercial uses and be designed in a manner compatible with surrounding
buildings and uses.
4. Above grade parking garages shall not reveal internal ramping on the exterior
fayade of the building.
D. Utility, Delivery, and Trash Service Provision.
The proper design of necessary logistical elements of buildings within a commercial
district contributes to the overall success of the district. Poor logistics of one building
can detract from the quality of surrounding properties. Efficient delivery and trash areas
can significantly improve the function of alleyways. The following standards shall apply:
1. A utility and trash service area shall be accommodated along the alley meeting the
minimum standards established by Section 26.575.060 Utility/Trash Service
Areas, unless otherwise established according to said section.
2. All utility service pedestals shall be located on private property and along the
alley. Proper easements shall allow for service provider access. Encroachments
into the alleyway shall be minimized to the extent practical and should only be
necessary when existing site conditions, such as a historic resource, dictate such
encroachment. All encroachments shall be properly licensed.
3. Delivery service areas shall be incorporated along the alley. Any truck loading
facility shall be an integral component of the building. Shared facilities are highly
encouraged.
4. Mechanical exhaust, including parking garage ventilation, shall be vented through
the roof or along the alleyway. For corner lots, the exhaust equipment shall be
located as far away from the primary street as practical. Conflicts with non-
commercial uses within the building shall be minimized to the extent practical.
5. Mechanical ventilation equipment and ducting shall be located on the roof,
minimized to the extent practical, recessed behind a parapet wall or other
screening device, and shall not be visible from a public right-of-way at a
pedestrian level. New buildings shall reserve adequate space for future ventilation
and ducting needs.
26.412.070 Suggested Design Elements. The following guidelines are building
practices suggested by the City, but are not mandatory. In many circumstances,
compliance with these practices may not produce the most -desired development and
project designers should use their best judgment.
A. Signage.
Signage should be integrated with the building to the extent possible. Integrated signage
areas already meeting the City's requirements for size, etc. may minimize new tenant
signage compliance issues. Common tenant listing areas also serves a public wayfinding
function, especially for office uses. Signs should not block design details of the building
on which they are placed. Compliance with the City's sign code is mandatory.
B. Display windows:
Display windows provide pedestrian interest and can contribute to the success of the
retail space. Providing windows that reveal inside activity of the store can provide this
pedestrian interest.
C Lighting:
Well -lit (meaning quality, not quantity) display windows along the first floor create
pedestrian interest after business hours. Dynamic lighting methods designed to catch
attention can cheapen the quality of the downtown retail environment. Illuminating
certain important building elements can provide an interesting effect. Significant light
trespass should be avoided. Illuminating the entire building should be avoided.
(Compliance with the City's Outdoor Lighting code, Section 26.575.050, is mandatory.)
D. Original Townsite Articulation:
Buildings spanning more than one Original Townsite Lot should incorporate fagade
expressions coincidental with these original parcel boundaries to reinforce historic scale.
This may be inappropriate in some circumstances, such as on large corner lots.
E. Architectural Features:
Parapet walls should be used to shield mechanical equipment from pedestrian views.
Aligning cornices and other architectural features with adjacent buildings can related new
buildings to their historical surroundings. Awnings and canopies can be used to provide
architectural interest and shield windows and entryways from the elements.
26.412.080 Amendment of Commercial Design Review Approval.
A. Insubstantial Amendment.
An insubstantial amendment to a Commercial Design Review approval may be
authorized by the Community Development Director if:
1. The change is in conformance with the Design Standards, Section 26.412.060, the
change represents a minimal effect on the aesthetics of the proposed development,
or the change is consistent with representations made during the original review
concerning potential changes of the development proposal considered appropriate
by the decision -making body; and,
2. The change requires no other land use action requiring review by either the
Planning and Zoning Commission or the Historic Preservation Commission.
B. Other Amendments.
All other amendments to a Commercial Design Review approval shall be reviewed
pursuant to the standards and procedures of this Section.
26.412.090 Appeals
An applicant aggrieved by a determination made by the Planning and Zoning
Commission, pursuant to this Section, may appeal the decision to the City Council,
pursuant to the procedures and standards of Section 26.316, Appeals.
Chapter 26.535
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
Sections:
26.535.010
Purpose
26.535.020
Terminology
26.535.030
Applicability and Prohibitions
26.535.040
Authority
26.535.050
Procedure for Establishing a Historic TDR Certificate.
26.535.060
Procedure for Extinguishing a Historic TDR Certificate.
26.535.070
Review Criteria for Establishment of a Historic TDR.
26.535.080
Review Criteria for Extinguishment of a Historic TDR.
26.535.090
Application Materials.
26.535.100
Appeals
26.535.010 Purpose.
The purpose of this Chapter is to encourage the preservation of Historic Landmarks, those properties
listed on the Aspen Inventory of Historic Landmark Sites and Structures, within the City of Aspen by
permitting those property owners to sever and convey, as a separate development right, undeveloped
Floor Area to be developed on a different and non -historic property within the City of Aspen. The
program enables standard market forces, and the demand for residential Floor Area, to accomplish a
community goal of preserving Aspen's heritage as reflected in its built environment.
26.535.020 Terminology.
Historic Transferable Development Right Certificate. (Historic TDR Certificate) An
irrevocable assignable property right which allows a certain amount of development,
which may be conveyed separate from the property in which it has historically been
associated (the Sending Site), and which may be used to increase development rights on
another property (the Receiver Site). TDR Certificates shall be considered bearer
instruments upon execution by the Mayor of the City of Aspen, pursuant to a validly
adopted Ordinance.
"Sending Site" The designated Historic Landmark property being preserved by reducing its
allowable Floor Area in exchange for the City establishing and issuing a Historic TDR
Certificate.
"Receiver Site" A property on which developments rights are increased in exchange for the
City extinguishing a Historic TDR Certificate held by the developer of the property.
Establishment of a TDR: The process of creating a Historic TDR Certificate in exchange for
a property owner lessening the allowable development on a historic property (the Sending
Site). through a permanent deed restriction.
TDR Page 1
Extinguishment of a TDR: The process of increasing the allowable development on a
property (the receiver site), as permitted in the zone district, through the redemption of a
Historic TDR Certificate.
26.535.030 Applicability and Prohibitions.
This Chapter shall apply to properties eligible for issuance of a Historic TDR Certificate, known
as Sending Sites, and properties eligible for the extinguishment of a Historic TDR Certificate,
known as Receiving Sites. City of Aspen Historic TDR Certificates may only be used within the
city limits of the City of Aspen, as hereinafter indicated, or in unincorporated Pitkin County, if
and as may be permitted by the Pitkin County Land Use Code. Pitkin County TDRs are not
eligible for extinguishment within the City of Aspen.
Sending Sites shall include all properties within the City of -Aspen designated as a Historic
Landmark, those properties listed on the Aspen Inventory of Historic Landmark Sites and
Structures, in which the development of a single-family or duplex home is a permitted use,
according to Chapter 26.710, Zone Districts. Properties on which such development is a
conditional use shall not be eligible. Sending Sites may also be established through adoption of a
Final PUD Development Plan, pursuant to Chapter 26.445.
Receiving Sites shall include all properties in the City of Aspen permitted additional
development rights for extinguishment of a Historic TDR in Chapter 26.710, Zone Districts, not
including any property designated as a Historic Landmark. A property may also be designated as
a Receiving Site through adoption of a Final PUD Development Plan, pursuant to Chapter
26.445.
The allowable development for extinguishment of a Historic TDR Certificate varies depending
upon the zone district of the Receiving Site and the use of the land. Chapter 26.710, Zone
Districts, describes the development allowance for each Historic TDR Certificate extinguished.
A Historic TDR Certificate may be sold, assigned, transferred, or conveyed. Transfer of Title
shall be evidenced by an assignment of ownership on the actual certificate document. Upon
transfer, the new owner may request the City re -issue the certificate acknowledging the new
owner. Re -issuance shall not require re -adoption of an ordinance.
The market for Historic TDR Certificates is unrestricted and the City shall not prescribe or
guarantee the monetary value of a Historic TDR Certificate.
The Community Development Director shall establish policies and procedures not inconsistent
with this Chapter for the printing of certificates, their safe -keeping, distribution, recordation,
control, and extinguishments.
26.535.040 Authority.
The City Council, in accordance with the procedures, standards, and limitations of this Chapter
and of Common Development Review Procedures, Section 26.304, shall approve or disapprove,
TDR Page 2
pursuant to adoption of an ordinance, a land use application for the establishment of Historic
Transferable Development Rights. The Mayor of the City of Aspen, in accordance with the
procedures, standards, and limitations of this Chapter and of Common Development Review
Procedures, Section 26.304, shall validate and issue Historic TDR Certificates, pursuant to a
validly adopted ordinance.
The Community Development Director, in accordance with the procedures, standards, and
limitations of this Chapter and of Common Development Review Procedures, Section 26.304,
shall approve or disapprove a land use application for the extinguishment of Historic
Transferable Development Rights.
26.535.050 Procedure for Establishing , a Historic Transferable Development Right
Certificate.
The following steps are necessary for the issuance of a City of Aspen Historic Transferable
Development Right Certificate
Pre -application Conference. Property owners interested in the City's Historic TDR program
are encouraged to meet with a member of the Community Development Department to clarify
the process, benefits, and limitations of the program.
Owner confirmation.
An application for the issuance of a Historic TDR Certificate shall only be accepted by the City
upon submission of a notarized affidavit from the Sending Site property owner signifying
understanding of the following concepts:
• A deed restriction will permanently encumber the Sending Site and restrict that property's
development rights to below that allowed by right by zoning according to the number of
Historic TDR Certificate established from that Sending Site.
• For each certificate of development right issued by the City for the particular Sending Site,
that property shall be allowed two -hundred and fifty (250) square feet less of Floor Area, as
permitted according to the property's zoning, as amended.
• The Sending Site property owner shall have no authority over the manner in which the
certificate of development right is used by subsequent owners of the Historic TDR
Certificate.
Application for Issuance of Historic TDR Certificate. An applicant shall supply the necessary
application materials, identified in Section 26.535.080, Application Materials, along with
applicable review fees.
City Review and Approval of Application. The Community Development Department shall
review the application according the review standards identified in Section 26.535.060, Review
Standards for Establishment of a Historic TDR Certificate and shall forward a recommendation
to the City Council. The City Council shall approve or disapprove the establishment of a
Historic TDR Certificate by adoption of an Ordinance, according to the review standards
TDR Page 3
identified in Section 26.535.060, Review Standards for Establishment of a Historic TDR
Certificate.
Scheduling of Closing Date. Upon satisfaction of all relevant requirements, the City and the
applicant shall establish a date on which the respective Historic TDR Certificates shall be
validated and issued by the City and a deed restriction on the property shall be accepted by the
City and filed with the Pitkin County Clerk and Recorder.
Closing. On the mutually agreed upon closing date, the Mayor of the City of Aspen shall
execute and deliver the applicable number of Historic TDR Certificates to the property owner
and the property owner shall execute and deliver a deed restriction lessening the available
development right of the Sending Site together with the appropriate fee for recording the deed
restriction with the Pitkin County Clerk and Recorder's Office.
26.535.060 Procedure for Extinguishing a Historic Transferable Development Right
Certificate.
The following steps are necessary for the extinguishment of a City of Aspen Historic
Transferable Development Right Certificate
Pre -application Conference. Property owners interested in the City's Historic TDR program are
encouraged to meet with a member of the Community Development Department to clarify the
process, benefits, and limitations of the program. Applicants are encouraged to meet with the
City Zoning Officer and review potential development plans to ensure the additional
development right can be properly incorporated onto the Receiver Site.
Associated Planning Reviews. An applicant must gain all other necessary approvals for the
proposed development, as established by this Title.
Application for Building Permit. An applicant shall submit the necessary materials for a
building permit, pursuant to Section 26.304.075, Building Permit.
Confirmation of Historic TDR Certificate. The applicant shall submit the requisite Historic
TDR Certificate(s) and the City shall confirm its, or their, authenticity.
City Review of Application. The Community Development Department shall review the
application according the review standards identified in Section 26.535.070, Review Standards
for Extinguishment of a Historic TDR Certificate.
Extinguishment of Historic TDR Certificate. Prior to, and as a condition of, issuance of a
building permit for a development on a Receiver Site requiring the extinguishment of a Historic
TDR Certificate, the applicant shall assign the requisite Historic TDR Certificate(s) to the City of
Aspen whereupon the certificates shall be marked "extinguished." The property owner and the
Community Development Director shall execute a deed restriction acknowledging the
extinguislunent of the TDR(s) and increasing in the available development right of the subject
TDR Page 4
property. The property owner shall provide the appropriate fee for recording the deed restriction
with the Pitkin County Clerk and Recorder's Office.
26.535.070 Review Criteria for Establishment of a Historic Transferable Development
Right.
A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City
Council, pursuant to adoption of an ordinance, finds all the following standards met:
1. The Sending Site is a Historic Landmark on which the development of a single-family or
duplex residence is permitted use, pursuant to Chapter 26.710. Properties on which such
development is a conditional use shall not be eligible.
2. It is demonstrated that the Sending Site has permitted unbuilt development rights, for
either a single-family or duplex home, equaling or exceeding two -hundred and fifty (250)
square feet of Floor Area multiplied by the number of Historic TDR Certificates
requested.
3. It is demonstrated that the establishment of TDR Certificates will not create a
nonconformity. In cases where nonconformity already exists, the action shall not
increase the specific nonconformity.
4. The analysis of unbuilt development right shall only include the actual built development
and any approved development order and shall not include the potential of the Sending
Site to gain Floor Area bonuses, exemptions, or similar potential development incentives.
5. Any development order to develop Floor Area, beyond that remaining appurtenant to the
property after establishment of TDR Certificates, shall be considered null and void.
6. The proposed deed restriction permanently restricts the development of the property to an
allowable Floor Area not exceeding the allowance for a single-family or duplex residence
minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of
Historic TDR Certificates established. The deed restriction shall not stipulate an absolute
Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area,
as may -be amended from time to time. The Sending Site shall remain eligible for certain
Floor Area incentives and/or exemptions as may be authorized and as may be amended
from time to time. The form of the deed restriction shall be acceptable to the City
Attorney.
7. A real estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of Historic TDR
Certificates to the Sending Site property owner and that property owner shall execute and
deliver a deed restriction lessening the available development right of the subject property
together with the appropriate fee for recording the deed restriction with the Pitkin County
Clerk and Recorder's Office.
8. It shall be the responsibility of the Sending Site property owner to provide building plans
and a zoning analysis of the Sending Site to the satisfaction of the Community
Development Director. Certain review fees may be required for the confirmation of built
Floor Area.
26.535.080 Review Criteria for Extinguishment of a Historic Transferable Development
Right.
Historic TDR Certificates may be extinguished to accommodate additional development of a
non -Historic Landmark property, a property not listed on the Aspen Inventory of Historic
Landmark Sites and Structures, if the Community Development Director finds the following
standards have been met:
1. The Receiving Site is not restricted by a prescribed Floor Area limitation or the restricting
document permits the extinguishment of Historic TDR Certificates for additional
development rights.
2. The Receiving Site is not listed on the Aspen Inventory of Historic Landmark Sites and
Structures and is eligible to receive an increase in development rights as specified in Chapter
26.710, according to the zone district and the land use, or as otherwise specified in a Final
PUD Plan for the property.
3. All other necessary approvals for the proposed development on the Receiver Site, as
established by this Title, have been obtained.
4. The applicant has submitted the requisite original Historic TDR Certificate(s) for redemption.
5. The applicant has submitted the necessary materials for a building permit on the Receiver
Site, pursuant to Section 26.304.075, Building Permit, and the additional development can be
accommodated on the Receiver Site in conformance with all other relevant requirements.
6. Prior to, and as a condition of, issuance of a building permit for a development requiring the
extinguishment of a Historic TDR Certificate(s), the applicant shall assign and deliver the
original certificate(s) to the City of Aspen whereupon the certificate(s) shall be marked
"extinguished."
7. Prior to, and as a condition of, issuance of a building permit for a development requiring the
extinguislunent of a TDR Certificate(s), the property owner shall deliver an executable, for
acceptance by the Community Development Director, deed restriction acknowledging the
extinguishment of TDR Certificate(s) and increasing the available development rights of the
Receiver Site together with the appropriate fee for recording the deed restriction with the
Pitkin County Clerk and Recorder's Office. The deed restriction shall not stipulate an
absolute total Floor Area, but shall stipulate a square footage increase from the allowable
Floor Area, according to the zone district and land use of the Receiver Site at the time of
building permit submission. The Receiver Site shall remain subject to amendments to the
allowable Floor Area and eligible for certain Floor Area incentives and/or exemptions as may
be authorized and as may be amended from time to time. The form of the deed restriction
shall be acceptable_to the City Attorney.
8. The development allowed on the Receiver Site by extinguishment of Historic TDR
Certificate(s) shall be that allowed in Chapter 26.710, according to the zone district and the
land use, or as otherwise specified in a Final PUD Plan for the receiver Site and shall not
permit the creation of a non -conforming use or structure.
TDR Page 6
26.535.090 Application Materials.
A. The contents of a development application to establish a Historic TDR Certificate shall be as
follows:
1. The general application information required in Common Procedures, Section 26.304.
2. A notarized affidavit from the Sending Site property owner signifying acknowledgment of
the following:
• A deed restriction will permanently encumber the Sending Site and restrict that property's
development rights to below that allowed by right by zoning according to the number of
Historic TDR Certificate established from that Sending Site.
• For each certificate of development right issued by the City for the particular Sending
Site, that property shall be allowed two -hundred and fifty (250) square feet less of Floor
Area, as permitted according to the property's zoning, as amended.
• The Sending Site property owner shall have no authority over the manner in which the
certificate of development right is used by subsequent owners of the Historic TDR
Certificate.
3. A Site Improvement Survey of the Sending Site depicting:
a) Existing natural and man-made site features.
b) All legal easements and restrictions.
4. Dimensioned, scaled drawings of the existing development on the Sending Site and a Floor
Area analysis of all structures thereon.
5. A proposed deed restriction for the Receiver Site.
6. Written response to each of the review criteria.
B. The contents of a development .application to extinguish a Historic TDR Certificate shall be as
follows:
1. The necessary application materials for a complete building permit submission, pursuant to
Section 26.304.075, Building Permit,
2. A proposed deed restriction for the property.
3. Written response to each of the review criteria.
26.535.100 Appeals
An applicant aggrieved by a determination made by the Community Development Director, pursuant
to this Section, may appeal the decision to the City Council, pursuant to the procedures and standards
of Section 26.316, Appeals.
An applicant aggrieved by a determination made by the City Council, pursuant to this Section, may
appeal the decision to a court of competent jurisdiction.
Exhibit OT
Proposed Pedestrian Amenity
(replaces "open space")
26.575.030 Pedestrian Amenity
A. Purpose. The City of Aspen seeks a vital, pleasant downtown pedestrian environment.
Pedestrian Amenity contributes to an attractive downtown retail district by creating public places and
settings conducive to an exciting pedestrian shopping and entertainment atmosphere. Pedestrian
amenity can take the form of physical or operational improvements to public rights -of -way or private
property within commercial areas. Pedestrian Amenity provided on private property is referred to as
On -Site Pedestrian Space
B. Provision of Pedestrian Amenity: In all zone districts in which a. certain percentage of the
parcel must be provided as a Pedestrian Amenity, any combination of the following methods of
meeting the requirement are available:
1. On -Site Provision of Pedestrian Amenity Space. The requisite percentage of space may be
provided on -site designed in a manner meeting the Design and Operational Standards for
On -Site Pedestrian Space, Section 26.575.030(C). For developments within the
Commercial Core (CC) Zone District, the Planning and Zoning Commission shall review
the site plan, pursuant to section 26.430, Special Review and according to the standards of
Section 26.575.030(D).
2. Off -Site Provision of Pedestrian Amenity. Proposed pedestrian amenities and
improvements to the pedestrian environment within proximity of the development site
may be approved at the option of the Community Development Director. Off -Site
improvements shall equal or exceed the value of an otherwise required cash -in -lieu
payment and be consistent with any public infrastructure capital improvement plan for that
area.
3. Cash -in -lieu Provision. The City shall except a cash -in -lieu payment for any portion of
required pedestrian space not otherwise provided, according to the procedures and
limitations of Section 26.575.030, Cash -in -Lieu Payment.
4. Alternative Method. The Planning and Zoning Commission may accept any method of
providing Pedestrian Amenity not otherwise described herein if the Commission finds that
such method equals or exceeds the value of an otherwise required cash -in -lieu payment.
C. Design and Operational Standards for On -Site Pedestrian Space. Pedestrian space, on all
land in which pedestrian space is required, shall comply with the following provisions and
limitations:
1. Open to View. Pedestrian space areas shall be open to view from the street at pedestrian level,
which view need not be measured at right angles.
2. Open to Sky. Pedestrian space areas shall be open to the sky. Temporary coverings, such as
umbrellas and retractable canopies are permitted. Any permanent obstruction to the sky shall
require review and approval by the Planning and Zoning Commission, or the Historic
Preservation Commission if the property is a Historic Landmark or within a Historic District,
pursuant to Section 26.430 Special Review, and according to the criteria of section
26.575.030(D), below. Such approved structures shall not be considered as floor area or a
reduction in pedestrian space on the parcel.
3. No Walls. Pedestrian space areas shall not be enclosed. Temporary structures, tents, air
exchange entries, plastic canopy walls, and similar devices designed to enclose the space are
prohibited, unless approved as a temporary use, pursuant to Section 26.450. Low fences or
walls shall only be permitted within or around the perimeter of open space if such structures
shall permit views from the street into and throughout the open space.
4. Prohibited Uses. Pedestrian space areas shall not be used as storage areas, utility/trash service
areas, delivery area, parking areas or contain structures of any type, except as specifically
provided for herein. Vacated rights -of -way shall. be excluded from pedestrian space
calculations.
5. Grade Limitations. Required open space shall not be more than four (4) feet above or two (2)
feet below the existing grade of the street which abuts the open space, unless the open space
shall follow undisturbed natural grade, in which case there shall be no limit on the extent to
which it is above or below the existing grade of the street.
6. Pedestrian Links. In the event that the City of Aspen shall have adopted a trail plan
incorporating mid -block pedestrian links, any required open space must, if the city shall so
elect, be applied and dedicated for such use.
7. Landscaping Plan. Prior to issuance of a building permit, the chief building official shall
require site plans and drawings of any required open space area; including a landscaping plan,
and a bond in a satisfactory form and amount to insure compliance with any open space
requirements under this title.
8. Maintenance of Landscaping. Whenever the landscaping required herein is not maintained,
the chief building official, after thirty (30) days written notice to the owner or occupant of the
property, may revoke the certificate of occupancy until said party complies with the
landscaping requirements of this section.
9. Commercial Activity. No area of a building site designated as required pedestrian space under
this section shall be used for any commercial activity, including, but not limited to, the
storage, display, and merchandising of goods and services; provided, however, that the
prohibition of this subsection shall not apply when such use is in conjunction with permitted
commercial activity on an abutting right-of-way.
10. Commercial Restaurant Use. The provisions above notwithstanding, required open space may
be used for commercial restaurant use if adequate pedestrian and emergency vehicle access
will be maintained.
11. Trellis Structures. Trellis structures shall only be proposed in conjunction with commercial
restaurant uses on a designated Historic Landmark or within (H) Historic overlay zones and
must be approved by the Historic Preservation Commission pursuant to review requirements
contained in Chapter 26.415 and the Community Development Director pursuant to Section
26.470.060(A)(2)(a)(1). Such approved structures shall not be considered as floor area or a
reduction in open space on the parcel.
D. Site Plan Review for On -Site Pedestrian Space Provision in Commercial Core. The
design and operating characteristics of proposed on -site pedestrian amenity on parcels in the
Commercial Core (CC) Zone District shall require approval of a pedestrian open space plan, pursuant
to Section 26.430, Special Review, by the Planning and Zoning Commission. An on -site pedestrian
space plan shall be approved, approved with conditions, or denied, based on the following standards:
1. The dimensions of the proposed space sufficiently allow for a variety of uses and activities to
occur considering any expected tenant and future potential tenants and uses.
2. The pedestrian space contributes to an active street vitality. To accomplish this characteristic,
public seating, outdoor restaurant seating or similar active uses, shade trees, solar access, view
orientation, and simple at -grade relationships with adjacent rights -of -way are encouraged.
3. The pedestrian space, and the design of on -site structures, contributes to an inviting retail
enviroiunent.
4. The proposed space does not duplicate existing pedestrian space created by malls, sidewalks,
or adjacent property, or such duplication does not detract from the pedestrian environment.
5. Any approved variation to the Design and Operational Standards for Pedestrian Space
promote the purpose of the pedestrian space requirements.
E. Payment in lieu. When the method of providing pedestrian amenity includes a cash -in -lieu
payment, the following provisions and limitations shall apply:
Formula for determining cash -in -lieu payment:
Payment = [Land Value] x [Pedestrian Amenity Percentage]
Where: Land Value = Value of the unimproved land.
Pedestrian Amenity Percentage = Percent of the parcel required to be
provided as a pedestrian amenity, pursuant to Section 26.710, Zone Districts,
lessened by other methods of providing the amenity.
Land Value shall be the lesser of fifty (50) dollars per square foot multiplied by the number of
square feet constituting the parcel or the appraised value of the unimproved property,
determined by the submission of a current appraisal performed by a qualified professional real
estate appraiser and verified by the Community Development Director. An applicant may
waive the current appraisal requirement only by accepting the $50 per square foot standard.
The payment -in -lieu of pedestrian amenity shall be due and payable at the time of issuance of
a building permit. The City Manager, upon request, may allow the required payment -in -lieu to
be amortized in equal payments over a period of up to five years, with or without interest.
All funds collected shall be transferred by the Community Development Director to the
Finance Director for deposit in a separate interest bearing account. Monies in the account
shall be used solely for the purchase or development of land or public rights -of -way for open
space, pedestrian amenity, or recreational purposes within or adjacent to the Commercial Core
(CC) zone district. Funds may be used to acquire public use easements.
Fees collected pursuant to this section may be returned to the then present owner of property
for which a fee was paid, including any interest earned, if the fees have not been spent within
seven (7) years from the date fees were paid, unless the City Council shall have earmarked the
funds for expenditure on a specific project, in which case the City Council may extend the
time period by up to three (3) more years. To obtain a refund, the present owner must submit
a petition to the Finance Director within one (1) year following the end of the seventh (7th)
year from the date payment was received.
For the purpose of this section, payments shall be spent in the order in which they are
received. Any payment made for a project for which a building permit is canceled, due to
non -commencement of construction, may be refunded if a petition for refund is submitted to
the finance director within three (3) months of the date of the cancellation of the building
permit. All petitions shall be accompanied by a notarized, sworn statement that the petitioner
is the current owner of the property and by a copy of the dated receipt issued for payment of
the fee.
F. Waiver by Historic Preservation Commission. The Historic Preservation Commission
may reduce or waive the requirements of this section upon one of the following scenarios:
1. When the Historic Preservation Commission approves the on -site relocation of a Historic
Landmark such that the amount of on -site pedestrian space is reduced below that required
by this Title.
2. When the manner in which a Historic Landmark building was originally developed
reduces the amount of on -site pedestrian amenity required by this Title.
3. When the redevelopment or expansion of a Historic Landmark constitutes and exemplary
preservation effort and deserving of a preservation incentive.
Exhibi��
Existing Open Space
26.575.030 Open Space.
A. Standards for open space. Development which is required to provide open space shall
comply with the following provisions:
1. Open to View. Open space areas shall be open to view from the street at pedestrian
level, which view need not be measured at right angles. Fences or walls shall only be
permitted within or around the perimeter of open space if such structures shall permit views
from the street into and throughout the open space.
2. Exclusion. Open space areas shall not include storage areas, utility/trash service areas,
rear access area, parking areas or structures of any type, except as specifically provided for
herein. Vacated rights -of -way shall be excluded from open space calculations as well.
3. Minimum Frontage. The open space shall have a minimum frontage on the street, or if
there is no street, on the public right-of-way, of one-half (1/2) of the length of the lot line on
that side of the building site, or one hundred (100) feet, whichever is less.
4. Minimum Depth. The minimum depth of the open space which is open to a street shall
be ten (10) feet measured at right angles from the front lot line.
5. Grade Limitations. Required open space shall not be more than four (4) feet above or
two (2) feet below the existing grade of the street which abuts the open space, unless the open
space shall follow undisturbed natural grade, in which case -there shall be no limit on the
extent to which it is above or below the existing grade of the street.
6. Pedestrian Links. In the event that the City of Aspen shall have adopted a trail plan
incorporating mid -block pedestrian links, any required open space must, if the city shall so
elect, be applied and dedicated for such use.
7. Landscaping Plan. Prior to issuance of a building permit, the chief building official
shall require site plans and drawings of any required open space area, including a landscaping
plan, and a bond in a satisfactory form and amount to insure compliance with any open space
requirements under this title.
8. Maintenance of Landscaping. Whenever the landscaping required herein is not
maintained, the chief building official, after thirty (30) days written notice to the owner or
occupant of the property, may revoke the certificate of occupancy until said party complies
with the landscaping requirements of this section.
9. Commercial Activity. No area of a building site designated as required open space
under this section shall be used for any commercial activity, including, but not limited
to, the storage, display, and merchandising of goods and services; provided, however, that the
prohibition of this subsection shall not apply when such use is in conjunction with permitted
commercial activity on an abutting right-of-way.
10. Commercial Restaurant Use. The provisions above notwithstanding, required open
space may be used for commercial restaurant use if the Planning and Zoning Commission
shall determine that such use is compatible with or enhances the purposes of these open space
requirements and that adequate pedestrian and emergency vehicle access will be maintained.
Trellis structures shall only be proposed in conjunction with commercial restaurant uses on a
designated ,Historic Landmark or within (H) Historic overlay zones and must be approved by
the Historic Preservation Commission pursuant to review requirements contained in Chapter
26.415 and the Community Development Director pursuant to Section
26.470.060(A)(2)(a)(1). Such approved structures shall not be considered as floor area or a
reduction in open space on the parcel.
B. Reduction of required open space in the Commercial Core (CC) zone district. The
Commercial Core (CC) zone district requires that building sites within the zone district provide at
least 25% of open space, unless the Planning and Zoning Commission, by special review (See
Chapter 26.43 0), approves a reduction. A reduction of the required open space may be approved by
the Planning and Zoning Commission only if-
1 . The applicant demonstrates that the provision of less than the required amount of open
space on -site will be more consistent with the character of surrounding land uses than would
be the provision of open space according to the standard. In making this finding, the Planning
and Zoning Commission may consider the following:
a. It may be appropriate to have open space on the site when the building is
located on a street corner.
b. The open space can be linked to neighboring pedestrian amenities.
C. The open space provides relief intended to maintain the prominence of an
adjacent historic landmark.
d. The open space is intended for a particular functional purpose, such as dining
or the protection of an existing tree.
e.. It may be inappropriate to have open space on the site when other buildings
along the street front are built to the- property line, especially along public malls, or
when the open space is configured in such a manner as to serve no public purpose.
2. ,Payment in lieu. When the Planning and Zoning Commission determines open space is
inappropriate on the site, it may reduce or waive the requirement if the applicant shall make a
payment -in -lieu according to the following formula:
Payment = AV x OS %
Where: AV = Appraised value of the unimproved land.
OS % = Percent of required open space.
a. • Appraised value. The appraised value of the property shall be determined by
the submission of a current appraisal performed by a qualified professional real estate
appraiser and verified by the Community Development Director.
b. Payment due. The payment -in -lieu of open space shall be due and payable at
the time of issuance of a building permit. The Planning and Zoning Commission may
allow the required payment -in -lieu to be amortized in equal payments over a period of
up to five years, without interest.
C. Restrictions on use of funds. All funds collected shall be transferred by the
Community Development Director to the Finance Director for deposit in a separate
interest bearing account. Monies in the account shall be used solely for the purchase or
development of land for open space, pedestrian or recreational purposes within or
adjacent to the Commercial Core (CC) zone district.
d. Refunds. Fees collected pursuant to this section may be returned to the then
present owner of property for which a fee was paid, including any interest earned, if the
fees have not been spent within seven (7) years from the date fees were paid, unless the
City Council shall have earmarked the funds for expenditure on a specific project, in
which case the City Council may extend the time period by up to three (3) more years.
To obtain a refund, the present owner must submit a petition to the Finance Director
within one (1) year following the end of the seventh (7th) year from the date payment
was received.
For the purpose of this section, payments shall be spent in the order in which they are
received. Any payment made for a project for which a building permit is canceled, due
to non -commencement of construction, may be refunded if a petition for refund is
submitted to the finance director within three (3) months of the date of the cancellation
of the building permit. All petitions shall be accompanied by a notarized, sworn
statement that the petitioner is the current owner of the property and by a copy of the
dated receipt issued for payment of the fee.
3. Waiver by Historic Preservation Commission. The Historic Preservation
Commission may waive the requirements of this section when the Historic Preservation
Commission approves the on -site relocation of an Historic Landmark into required open
space, such that the amount of open space on -site is reduced below that required by this Title.
Exhibit
View Planes
Shown as amended text
26.435.010 Purpose.
Certain land areas within the city are of particular ecological, environmental, architectural or
scenic significance and all development within such areas shall be subject to special review
procedures and standards as set forth in this Chapter and Chapter 26.430 (Special Review). These
areas shall be known as Environmentally Sensitive Areas (ESA) and shall include the following:
C. Mountain view planes. Development within designated mountain view planes as set forth in
Section 26.435.050 shall be subject to heightened review so as to protect mountain views from
obstruction, strengthen the environmental and aesthetic character of the city, maintain property
values, and enhance the city's tourist industry by maintaining the city's heritage as a mountain
community.
26.435.050 Mountain view plane review.
A. Applicability. The provisions of mountain view plane review shall apply to all development
located within the following established mountain view planes, unless exempted pursuant to Section
26.435.050(B).
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established a view plane originating from the Wheeler Opera House westerly of Mill Street
above which plane no land use or building shall project. The easterly end point of the base
line for the view plane bears S. 37' 32' 12" E. 8.06 feet from the southeasterly property corner
of Block 81, Original Aspen Townsite. The reference base line bears N. 74' 30' 11" W. a
distance of 140.45 feet from the easterly end point of the base line for the view plane at an
elevation of 7,916.18 feet above mean sea level. The view plane consists of spatial
components more particularly described as follows: All that space which is within the
projection of radial lines from the easterly and westerly terminus of the base line which bear
S. 30' 41' 11" E. and S. 66' 08' 59" W. respectively and which is above a plane which passes
through the reference point at an inclination of 2° 50' 3 8 " above horizontal.
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B. Exemption. The Community Development Director may exempt the addition of mechanical
equipment to an existing development which protrudes into the view plane only if such development
has an insignificant effect upon the designated view plane. The addition of a satellite dish, elevator
shaft, or any other piece of equipment whose height and mass have a significant effect upon the
designated view plane shall be reviewed pursuant to the standards of Section 26.435.050(C).
C. Mountain view plane review standards. No development shall be permitted within a
mountain view lane unless the Planning and Zoning Commission makes a determination that the
proposed development complies with all requirements set forth below.
1. No mountain view plane is infringed upon, except as provided in Section
26.435.050(C)(2).
When any mountain view plane projects at such an angle so as to reduce the maximum
allowable building height otherwise provided for in this title, development shall proceed
according to the provisions of Chapter 26.445 as a planned unit development, so as to provide
for maximum flexibility in building design with special consideration to bulk and height, open
space and pedestrian space, and similarly to permit variations in lot area, lot width, yard and
building height requirements, view plane height limitations.
The Planning and Zoning Commission may exempt any developer from the above enumerated
requirements whenever it is determined that the view plane does not so effect the parcel as to
require application of PUD or that the effects of the view plane may be otherwise
accommodated.
When any proposed development infringes upon a designated view plane, but is
located in front of another development which already blocks the same view
plane, the Planning and Zoning Commission shall consider whether or not the
proposed development will * further infringe upon the view plane, and the
likelihood that redevelopment of the adjacent structure will occur to re -open the
view plane. In the event the proposed development does not further infringe upon
the view plane, and re -redevelopment to re -open the view plane cannot be
anticipated, the Planning and Zoning Commission shall approve the development.
Exhibit LM
Proposed Parking
Chapter 26.515
OFF-STREET PARKING
Sections:
26.515.010 General provisions.
26.515.020 Characteristics of off-street parking spaces and access to street or alley.
26.515.030 Required number of off-street parking spaces.
26.515.040 Special review standards.
26.515.050 Remote residential parking and cash -in -lieu provisions
26.515.010 General provisions.
A. General requirements. All development shall be provided with off-street parking as provided
in this Chapter.
B. Requirements for expansion of existing development. No development shall reduce the
number of existing off-street parking spaces below the minimum number of existing spaces required
herein for that development, unless expressly exempted by this Chapter. If existing development is
expanded, additional off-street parking space shall be provided for that increment of the expansion as
if it is a separate development. An existing deficit of parking may be maintained when a property is
redeveloped.
C. Off-street parking calculation. All requirements for off-street parking for residential
dwellings and lodges shall be calculated based on the number of units. Requirements for off-street
parking for commercial uses shall be calculated based on the net leasable area of the structure or use.
Requirements for all other land uses not considered residential, lodging, or commercial shall be
established by Special Review.
D. Required number of spaces when fractional spaces computed. When any calculation of off-
street parking results in a required fractional space, said fractional space may be paid cash -in -lieu or
an entire space may be provided on the site.
26.515.020 Characteristics of off-street parking spaces and access to street or alley.
A. General. Each off-street parking 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 any one 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 -
Parking Page 1
street parking provided for multi -family dwellings which do not share a common parking area may be
exempted from the unobstructed access requirement subject to special review pursuant to
Chapter 26.430 and the standards set forth at Section 26.515.040, below. No driveway shall exceed a
maximum slope of twelve (12) percent within twenty (20) feet of a 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.
B. Location of off-street parking. Off-street parking shall be located on the same lot, an adjacent
lot under the same ownership as the lot occupied by the principal use, or at a remote parking facility
authorized by the City to satisfy off-street parking requirements. For all uses, parking shall be
accessed from an alley or secondary road, where one exists.
C. Detached and duplex residential dwelling parking. Off-street parking provided for detached
residential dwellings and duplex dwellings are not required to have unobstructed access to a street or
alley, but shall not block access of emergency apparatus to the property or to structures located on
the property.
D. State Highway 82 off-street parking. All parking required for uses fronting State Highway 82
shall, if an alley exists, be provided access off the alley and shall not enter or exit from or onto State
Highway 82.
E. Restrictions on use of off-street parking areas. No off-street parking area shall be used for
the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies, nor shall
any such activity adjacent to off-street parking spaces obstruct required access to off-street parking
areas. Parking spaces shall be used for the parking of vehicles and _ shall not be used for non -auto
related uses such as storage units or trash containers.
F. Surface Parking and Commercial Parking Facilities. Surface parking is prohibited as a
principal use of a lot or parcel unless permitted as a Commercial Parking Facility. Commercial
Parking Facilities shall only be operated in Zone Districts where such use is permitted. For surface
parking of eight (8) or more spaces, parking areas shall include one (1) tree with a planter area of
twenty (20) square feet for each four (4) parking spaces. Planter areas may be combined, but shall be
proximate to the parking spaces. The Planning and Zoning Commission may waive or modify this
requirement on a per case basis. Parking within structures is exempt from this provision.
G. Restrictions on drainage, grading and traffic impact. Off-street parking spaces shall be
graded to insure drainage does not create any flooding or water quality problems and shall be
provided with entrances and exits so as to minimize traffic congestion and traffic hazards.
H. Restrictions on lighting. Lighting facilities for off-street parking spaces, if provided, shall be
arranged and shielded so that lights neither unreasonably disturb occupants of adjacent residential
dwellings or interfere with driver vision. All outdoor lighting shall comply with the Outdoor Lighting
Regulations, Section 26.575.150.
Parking Page 2
26.515.030 Required number of off-street parking spaces.
Off-street parking spaces shall be provided for each use according to the schedule, below.
Whenever the off-street parking is subject to establishment by adoption of a Planned Unit
Development Final Development Plan, that review shall be pursuant to Section 26.445,
Planned Unit Development. Whenever the parking requirement shall be established
through a Special Review the standards and procedures set forth at Section 26.515.040,
below, shall apply. Whenever the parking requirement may be provided via remote
parking or a payment in lieu the standards and procedures set forth at Section 26.515.050,
below, shall apply.
Use: Aspen Infill Area: All Other Areas:
Commercial: 1.5 spaces per 1,000 net leasable 3 spaces per 1,000 net
square feet of commercial space. leasable square feet of
100% may be provided through a commercial space.
payment -in -lieu.
Single -Family and Lesser of one space per bedroom Lesser of one space per
Duplex Residential or two spaces per unit. Fewer bedroom or two spaces per
(includes both free- spaces may be approved, pursuant unit.
market and to Section 26.430, Special
affordable): Review and according to the
review criteria set forth below.
Accessory Dwelling One space per unit. Fewer spaces One space per unit. Fewer
Units and Alley may be approved, pursuant to spaces may be approved,
Houses Section 26.520, Accessory pursuant to Section 26.520,
Dwelling Units and Alley Accessory Dwelling Units
Houses. and Alley Houses.
Multi -Family One space per unit. 100% may be Lesser of one space per
Residential provided through remote parking bedroom or two spaces per
(includes both free program. No requirement for unit.
market and Commercial Core (CC) Zone
affordable): District.
Hotel/Lodge: .5 spaces per unit. Fewer spaces .7 spaces per unit.
may be approved, pursuant to
Section 26.430, Special Review
and according to the review
criteria set forth below.
All Other Uses: Established by Special Review Established by Special
(civic, cultural, Review
public uses, child
care centers, etc.)
Parking Page 3
For properties listed on the Aspen Inventory of Historic Landmark Sites and Structures,
fewer spaces may be provided and/or a waiver of cash -in -lieu fees may be approved,
pursuant to Section 26.430, Special Review and according to the review criteria set forth
below.
26.515.040 Special Review Standards.
Whenever the off-street parking requirements of a proposed development are subject to
Special Review, an application shall be processed as a Special Review in accordance with
the Common Development Review Procedure set forth in Section 26.304, and be
evaluated according to the following standards. Review is by the Planning and Zoning
Commission. If the property is a Historic Landmark, the Historic Preservation
Commission may consider the Special Review.
A. A Special Review for establishing, varying, or waiving off-street parking
requirements may be approved, approved with conditions, or denied based on
conformance with the following criteria:
1. The parking needs of the residents, customers, guests and employees of the
project have been met, taking into account potential uses of the parcel, the
projected traffic generation of the project, any shared parking opportunities,
expected schedule of parking demands, the projected impacts onto the on -street
parking of the neighborhood, its proximity to mass transit routes and the
downtown area, and any special services, such as vans, provided for residents,
guests and employees.
2. An on -site parking solution meeting the requirement is _practically difficult or
results in an undesirable development scenario.
3. Existing or planned on -site or off -site parking facilities adequately serve the needs
of the development, including the availability of street parking.
B. A Special Review to permit a Commercial Parking Facility or Remote Parking
Facility may be approved, approved with conditions, or denied based on conformance
with the following criteria:
1. The location, design, and operating characteristics of the facility are consistent
with the Aspen Area Community Plan.
2. The project has obtained growth management approvals or is concurrently being
considered for growth management approvals.
3. The location, capacity, and operating characteristics, including affects of
operating hours, lighting, ventilation noises, etc., of the facility are compatible
with the existing land uses in the. surrounding area.
4. Access to the facility is from an acceptable location that minimizes staging
problems, conflicts with pedestrian flow, conflicts with service delivery, and
elimination of on -street parking. Access from an alley is preferred.
Parking Page 4
5. The proposed style of operation is appropriate (manned booth, key cards, etc.).
6. The massing, scale, and exterior aesthetics of the building is appropriate
considering the context in which it is proposed.
7. Where appropriate, commercial uses are incorporated into the exterior of the
facility's ground floor to mimic conventional development in that zone district.
8. For Remote Residential Parking Facilities, a legal instrument, in a form
acceptable to the City Attorney, ensures the spaces will be condominiumized and
transferred with affordable residential dwellings consistent with the City's remote
parking program, pursuant to Section 26.515.050, or the spaces will be transferred
to the City for use in the City's remote parking program.
26.515.050 Remote Residential Parking and Cash -In -Lieu
A. General. The City of Aspen conducted a parking facility analysis in the Fall of
2001 and determined the costs associated with developing new parking facilities to serve
the demands of development. While not all potential facilities represented the same
potential expenditure, facilities most likely to be developed by the City of Aspen required
an expected $25,000 to $40,000 per space to develop. In addition, administration,
maintenance, and operational costs associated with these potential facilities represented
approximately $5,000 per space over the expected life of the facility.
It is expected that off -site parking serving commercial development is a public amenity
and shall serve a general population while off -site parking serving a residential
development is a private amenity and shall serve the residents of the specific
developments as remote parking.
Remote residential parking shall be a property interest inseparable from the residential
unit to which it is associated. Remote residential parking shall be prohibited, through a
legal instrument, in a form acceptable to the City Attorney, from being used in a non -
parking manner (such as storage) or leased to a third party.
B. Remote Residential Parking.
Any residential development may be permitted by the Community Development Director
to satisfy the off-street parking requirement through provision of remote parking as long
as the following standards are met:
1. The remote parking is in a facility approved by the City of Aspen as remote
residential parking.
2. A fee simple deeded interest in the required number of parking spaces shall be
appurtenant to the associated residential units through a legal instrument, in a
form acceptable to the City Attorney, prohibiting severance of the parking interest
from the dwelling interest.
3. If a remote residential parking facility is not available, a cash -in -lieu payment
may be accepted by the City, according to Section 26.515.050(C), Cash -in -lieu,
Parking Page 5
only if a facility is expected to be constructed by the City, or in coordination with
the City, within a reasonable time period.
C. Cash -in -lieu.
A cash -in -lieu payment, for those types of development authorized to provide parking via
cash -in -lieu, may be accepted by the Community Development Director to satisfy the off-
street parking requirement as long as the following standards are met:
1. Amount. In developments, where the off-street parking requirement may
be provided via a payment in lieu, the applicant shall make a one-time only
payment to the city, in the amount of thirty thousand dollars ($30,000.00) per
space.
2. Time of payment. The payment -in -lieu of parking shall be due and
payable at the time of issuance of a building permit. All funds collected shall be
transferred by the building inspector to the finance director, for deposit in a
separate interest bearing account. Monies in the account shall be used solely for
the construction of a parking structure, or similar new parking facility,
transportation improvements, transportation demand management programs,
shared automobiles or programs, and similar transportation related facilities and
programs..
3. Refunds. Fees collected pursuant to this section may be returned to the
then present owner of the property for which a fee was paid, including any interest
earned, if the fees have not been spent within seven (7) years from the date fees
were paid, unless the council shall have earmarked the funds for expenditure on a
specific project, in which case the council may extend the time period by up to
three (3) more years. To obtain a refund, the present owner must submit a petition
to the finance director within one year following the end of the seventh (7th) year
from the date payment was received.
For the purpose of this section, payments collected shall be deemed spent on the
basis of the first payment in shall be the first payment out. Any payment made for
a project for which a building permit is cancelled, due to no commencement of
construction, may be refunded if a petition for refund is submitted to the finance
director within three (3) months of the date of the cancellation of the building
permit. All petitions shall be accompanied by a notarized, sworn statement that
the petitioner is the current owner of the property and by a copy of the dated
receipt issued for payment of the fee.
4. Bi-annual review of rate. In order to insure that the payment -in -lieu rate is
fair and represents current cost levels, it shall be reviewed within two (2) years of
its effective date, and every two (2) years thereafter. Any necessary amendments
to this section shall be initiated pursuant to section 26.310.020, Procedure for Text
Amendment.
Parking Page 6
Exhibit
Existing Parking
26.515.030 Required number of off-street parking spaces.
The off-street parking spaces established below shall be provided for each use in the zone
district. Whenever the off-street parking is subject to establishment by adoption of a Planned Unit
Development Final Development Plan, that review shall be pursuant to Section 26.445, Planned Unit
Development. Whenever the parking requirement is subject to special review or may be provided via
a payment in lieu, that review shall be pursuant to the procedures set forth at Chapter 26.430 and the
standards set forth at Section 26.515.040, below.
one District
Lodge
R6
Special Review
R15
Special Review
R-15A
N/A
R-15B
N/A
R-3 0
N/A
R-MF
Special Review
MHP
N/A
AH/PUD
N/A
RR
N/A
CC
0.7 space/bedroom,
may be provided via
payment -in -lieu.
C-1 1 N/A
S/C/I I N/A
to
Uses
Resin
Special Review
Special Review
Special Review
N/A
Special Review
Special Review
Special Review
N/A
Special Review
2 spaces/1,000 sq.ft.
of net leasable area,
may be provided via
payment -in -lieu
1.5 spaces/1,000
sq.ft.
of net leasable area,
may be provided via
payment -in -lieu
* Fewer All other uses: 1.5 spaces
spaces may be /15000 square feet of net
provided pursuant leasable area unless other -
)ter 26.425, wise established through
Tonal Use Special Review pursuant
Review. To Chapter 26.430.
NC N/A
O N/A
L/TR 0.7 space/bedroom,
which 0.2 space/
bedroom may be
provided via
payment -in -lieu.
CL 0.7 space/bedroom,
which 0.2 space/
bedroom may be
provided via
payment -in -lieu.
LP 1 space/bedroom
C
A
P
PUB
Transportation
Overlay
Drainage Overlay
Golf Course
Support
N/A
N/A
1 space/bedroom
N/A
N/A
N/A
N/A
Underlying N/A
Zone District
4 spaces/1,000 sq.ft.
of net leasable area
3 spaces/1,000 square
feet of net leasable
area; fewer spaces
may be provided by
via payment -in -lieu,
but no fewer than 1.5
space/1,000 square
feet of net leasable
area on -site.
4 spaces/1,000 sq.ft.
of net leasable area,
may be provided via
payment -in -lieu.
2 spaces/1,000 sq.ft.
of net leasable area
which may be
provided
via payment -in -lieu.
4 spaces/1,000 sq.ft.
of net leasable area.
Special Review
Speci4lReview
Special Review
Special Review
Underlying Zone
District
Underlying Zone
District
Underlying Zone
District
Lodge 1 space/bedroom * Underlying Zone
District
Overlay
unless otherwise
established pursuant
feetUI-11CLI
leasable area, unless otherwise
established pursuant
to Section 26.445,
established pursuant to Section
to Section 26.445,
Planned Unit
26.445, Planned Unit
Planned Unit
Development.
Development.
Development.
*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 25.430 for historic landmarks only, and fewer spaces may be provided
pursuant to Chapter 26.520, for accessory dwelling units only. One (1) space/dwelling
unit is required if the unit is either a studio or one -bedroom unit.
* * Residential uses in AH/PUD are established by special review in accordance with
Chapter 26.430. The maximum number of parking spaces required shall not exceed
two (2) spaces/dwelling unit for free market units. Parking spaces shall not exceed one
(1) space/bedroom or two (2) spaces/dwelling unit, whichever is less for the affordable
housing units.
(Ord. No. 39-1999 §8, 9; Ord. No. 44-1999, §6)
26.515.040 Special review standards.
Whenever the off-street parking requirements of a proposed development are
subject to establishment and/or mitigation via a payment in lieu by special review, the
development application shall only be approved if the following conditions are met.
A. All zone districts. In all zone districts where the off-street parking requirements
are subject to establishment and/or mitigation by special review, the applicant shall
demonstrate that the parking needs of the residents, customers, guests and employees of
the project have been met, taking into account potential uses of the parcel, the projected
traffic generation of the project, the projected impacts onto the on -street parking of the
neighborhood, its proximity to mass transit routes and the downtown area, and any
special services, such as vans, provided for residents, guests and employees.
In determining whether to accept the mitigation or whether to require that the parking be
provided on -site, the Planning and Zoning Commission shall take into consideration the
practical ability of the applicant to place parking on -site, whether the parking needs of the
development have been adequately met on -site and whether the city has plans for a
parking facility which would better meet the needs of the development and the
community than would location of the parking on -site.
B. Multi family dwelling units. Off-street parking provided for multi -family
dwelling units which do not share a common parking area is not required to have
unobstructed access to a street or alley, but may consist of garage area, parking strip or
apron provided that the applicant demonstrates that adequate landscaping will be installed
to reduce the parking's visual.impact. Developments consisting of three or more dwelling
units shall install one (1) planter buffer per three parking spaces. Planter buffers shall be
a minimum of ten (10) feet long by two and one-half (2-1/2) feet wide by two (2) feet
high unless otherwise varied by the Commission. The location and dimensions of the
planters may also be varied by the Commission based on site specific circumstances
provided that no fewer than one (1) planter buffer is provided per three (3) off-street
parking spaces. Multi -family projects using this provision shall access parking from the
alley, if available.
C. Cash -in -lieu.
1. Amount. In all zone districts, where the off-street parking requirement
may be provided via a payment in lieu, the applicant shall make a one-time only
payment to the city, in the amount of fifteen thousand dollars ($15,000.00) per
space. Approval of the payment -in -lieu shall be at the option of the Planning and
Zoning Commission.
2. Time of payment. The payment -in -lieu of parking shall be due and
payable at the time of issuance of a building permit. All funds collected shall be
transferred by the building inspector to the finance director, for deposit in a
separate interest bearing account. Monies in the account shall be used solely for
the construction of a parking structure or similar new parking facility within or
adjacent to the zone districts to which this subsection applies.
3. Refunds. Fees collected pursuant to this section may be returned to the
then present owner of the property for which a fee was paid, including any
interest earned, if the fees have not been spent within seven (7) years from the
date fees were paid, unless the council shall have earmarked the funds for
expenditure on a specific project, in which case the council may extend the time
period by up to three (3) more years. To obtain a refund, the present owner must
submit a petition to the finance director within one year following the end of the
seventh (7th) year from the date payment was received.
For the purpose of this section, payments collected shall be deemed spent on the
basis of the first payment in shall be the first payment out. Any payment made for
a project for which a building permit is cancelled, due to noncommencement of
construction, may be refunded if a petition for refund is submitted to the finance
director within three (3) months of the date of the cancellation of the building
permit. All petitions shall be accompanied by a notarized, sworn statement that
the petitioner is the current owner of the property and by a copy of the dated
receipt issued for payment of the fee.
4. Bi-annual review of rate. In order to insure that the payment -in -lieu rate is
fair and represents current cost levels, it shall be reviewed within two (2) years of
its effective date, and every two (2) years thereafter. Any necessary amendments
to this section shall be initiated by the Planning and Zoning Commission or the
City Council to address the results of the review.