HomeMy WebLinkAboutresolution.apz.049-01A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF ASPEN, COLORADO, RECOMMENDING APPROVAL TO THE CITY
COUNCIL OF AMENDMENTS TO THE HISTORIC PRESERVATION
PROGRAM AND THE FOLLOWING SECTIONS OF THE LAND USE CODE:
SECTION 26.104- GENERAL PROVISIONS, 26.208- CITY COUNCIL, 26.212-
PLANNING AND ZONING COMMISSION, 26.220- HISTORIC
PRESERVATION COMMISSION, 26.304- COMMON DEVELOPMENT
REVIEW PROCEDURES, 26.312- NONCONFORMITIES. 26.415-
DEVELOPMENT INVOLVING THE INVENTORY OF HISTORIC SITES AND
STRUCTURES OR WHICH OCCURS IN AN "FI," HISTORIC OVERLAY
DISTRICT, 26.420, HISTORIC OVERLAY DISTRICTS AND HISTORIC
LANDMARKS, 26.430- SPECIAL REVIEW. 26.470- GROWTH MANAGEMENT
QUOTA SYSTEM, 26.480- SUBDIVISION, 26.500 DEVELOPMENT
REASONABLY NECESSARY FOR THE CONVENIENCE AND WELFARE OF
THE PUBLIC, 26.510- SIGNS. 26.515- OFF STREET PARKING, 26.520-
ACCESSORY DWELLING UNITS. 26.575.030- OPEN SPACE, 26.575.120-
SATELLITE DISH ANTENNAS, 26.610- PARK DEVELOPMENT IMPACT FEE,
AND 26.710-ZONE DISTRICTS
RESOLUTION #49-01
WHEREAS, the Community Development Department and the Aspen Historic
Preservation Commission have been involved in a year long process to evaluate and
improve the Historic Preservation Pro~:am; and,
WHEREAS, with substantial input from the public and other City review boards,
a new historic preservation ordinance has been prepared and staff has identified other
areas of the Land Use Code Which require amendment to enact the new program; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text o£Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Planning Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council at a Public hearing
after reviewing and considering these recommendations; and,
WHEREAS, the Planning Director recommended approval of amendments to
Sections 26.104, 26.208, 26.212, 26.220, 26.304, 26.312, 26.415, 26.420, 26.430, 26.470,
26.480, 26.500, 26.510, 26.515, 26.520, 26.5752030, 26.575.120, 26.610, and 26.7i0 of
the land use code of the Aspen Municipal Code as described herein; and,
WHEREAS, the Historic Preservation Commission conducted a public hearing
and reviewed and endorsed the repeal and replacement of the historic preservation
regulations found in Chapters 26.415 and 26.420 of the land use code of the Aspen
Municipal Code by a 6 to 1 vote on November 28, 2001, and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing to
consider the proposed amendments to the Historic Preservation Progran~ and related
sections of the land use code on December 11, 2001, took and considered public
testimony and the recommendations of the Planning Director and Historic Preservation
Commission and recommended, bY a 6 to 1 vote, City Council adopt the proposed
Historic Preservation Program and related amendments to the land nse code by amending
the text of sections 26.104, 26.208, 26.212, 26.220, 26.304, 26.312, 26.415, 26.420,
26.430, 26.470, 26.480, 26.500, 26.510, 26.515, 26.520, 26.575.03t3,, 26.575.120, 26.610,
and 26.710 of the land use code of the Aspen Municipal Code as described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend SectiOn 26.104.100 of the Aspen
Municipal Code to read as follows. (Note that only the specific passage to be amended is
indicated. All portions of'these sections not listed below shall remain in effect):
Dwelling, multi-family. A residential structure containing three (3) or more
attached dwelling units, not including hotels and lodges, but including townhomes, with
accessory use facilities limited to an office, laundry, recreation facilities, and off-street
parking used by the occupants. One (1) or more dwelling units loca~Ied within an office,
retail, or service commercial building shall also be considered a multi-family dwelling.
The term "multi-family dwelling" also includes properties listed on the Aspen Inventory
of Historic Landmark Sites and Structures consisting of three (3) or more detached
dwelling units Where Permitted by the zone district.
Historic landmark. A structure or site designated and regulated for its historic
architectural or other importance under Chapter 26.415 of this Title:.
Historic Overlay District, "H". An area or site designated and regulated for its
historic architectural importance under Chapter 26.415 of this Title.
Residential multi-family housing. A dwelling unit which has in its history ever
housed a working resident and which is located in a building in one of the following
configurations:
1) A multi-family residential building;
2) A mixed-use building; or,
3) A detached building on a property listed on the Aspen Inventory of
Historic Landmark Sites and Structures containing three or more detached residential
units where permitted by the zone district.
Excluded from this definition shall be single-family and duplex dwellings and dwelling
units used exclusively as tourist accommodations by or non-working residents.
Section 2:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.208.010 of the Aspen
Municipal Code to read as follows. (Note that only the specific passage to be amended is
indicated. All portions of these sections not listed below shall remain in effect):
26.208.010 Powers and Duties
In addition to any authority granted by state law or the Municipal Code of the City
of Aspen, Colorado, the City Council shall have the following powers and duties:
A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310;
B. To hear, review, and adopt amendments to the text of this T![tle after
recommendation by the commission, pursuant to Chapter 26.310;
C. To initiate amendments to the official zone district map, pursuant to Chapter
26.310;
D. To hear, review, and adopt amendments to the official zone district map after
recommendation by the Planning and Zoning Commission, pursuanI to Chapter 26.310;
E. To hear, review, and adopt a conceptual development plan and a final
development plan for specially planned areas (SPA), after recommendations of the
Planning and Zoning Commission, pursuant to Chapter 26.440;
F. To hear, review, and adopt a conceptual development plan and a final
development plan for a planned unit development (PUD), pursuant to Chapter 26.445;
G. To hear, review, and designate H, Historic Overlay Districts and the Aspen
Inventory of Historic Landmark Sites and Structures, after recommendation from the
Historic Preservation Commission, pursuant to Chapter 26.415;
H. To review appeals from decisions of the Historic Preservation Commission
approving, conditionally approving or disapproving a development application for
development or demolition of a property listed on the Aspen Inven~Iory of Historic
Landmark Sites and Structures or_a development application for development or
demolition in a H, Historic Overlay District pursuant to Chapter 26.415;
I. To ratify historic district and historic landmark development guidelines pursuant
to Chapter 26.415;
Section 3:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.212.010 of the Aspen
Municipal Code to read as follows. (Note that only the specific passage to be amended is
indicated. All portions of these sections not listed below shall rem~tin in effect):
26.212.010 Powers and Duties
In addition to any authority granted the Planning and Zoning Commission
(hereinafter "commission") by state law or the Municipal Code of the City of Aspen,
Colorado, the commission shall have the following powers and duties:
A. To initiate amendments to the text of this title, pursuant to Chapter 26.310;
B. To review and make recommendations of approval or disapproval of amendments
to the text of this title, pursuant to Chapter 26.310;
C. To initiate amendments to the official zone district map, pursuant to Chapter
26.310;
D. To review and make recommendations of approval, approval with conditions, or
disapproval to the City Council in regard to amendments of the official zone district map,
pursuant to Chapter 26.310;
E. To review and make recommendations of approval, approval with conditions, or
disapproval to the City Council on a conceptual development plan and final development
plan. for planned unit development (PUD), pursuant to Chapter 26.445;
F. To review and make recommendations of approval, approwd with conditions, or
disapproval to the City Council on adoption of a conceptual development plan and final
development plan or specially planned areas (SPA), pursuant to Chapter 26.440;
I. To review, score, and recommend allotments for residential, office and
commercial, and lodge pursuant to ~:owth management quota system (GMQS), pursuant
to Chapter 26.470;
J. To make determinations of exemptions from the growth management quota
system (GMQS), pursuant to Chapter 26.470;
K. To hear, review and recommend approval, approval with conditions, or
disapproval of a plat for subdivision, pursuant to Chapter 26.480;
L. To hear and approve, approve with conditions, or disapprove conditional uses
pursuant to Chapter 26.425;
M. To hear and approve, approve with conditions, or disapprove development subject
to special review, pursuant to Chapter 26.430;
N. To hear and approve, approve with conditions, or disapprow~ development in
envlronmer/tally Sensitive areas (ESA), pursuant to Chapter 26.435;
O. To make its special knowledge and expertise available upon reasonable written
request and authorization of the City Council to any official, department, board
commission or agency of the City of Aspen, Pitkin County, State of Colorado, or the
federal government; and
P. To adopt such rules of procedure necessary for the administration of its
responsibilities not inconsistent with this title.
Q. To hear, review and approve variances to the Residential Design Guidelines,
pursuant to Chapter 26.410;
R. To hear and decide appeals from, and review any order, requirement, decision, or
determination made by, any administrative official charged with the enforcement of
Chapter 26.410, including appeals of interpretation of the text of the Residential Design
Standards. The Commission may only grant relief from the Reside~ttial Design Standards.
A variance from the Residential Design Standards does not grant art approval to vary
other standards of this Chapter that may be provided by another decision making
administrative body.
Section 4:
PursUant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.220 of the Aspen
Municipal Code to read as follows. (Note that only the specific passage to be amended is
indicated. All Portions of these sections not listed below shall remain in effect):
Sections;
26.220.010 poWers and duties,
26.220.020 QualifiCations for membership.
26.220.030 Membership; appointment, removal, terms and vacancies.
26.220.040 Staff.
26.220.050 Quorum and necessary vote,
26.220.060 Meetings, hearing and procedure.
26.220.070 Committees and project monitoring.
26.220.010 Powers and duties.
The Historic Preservation Commission (HPC) shall have the following powers
and duties:
A. Recommendation of approval or disapproval to the City Council of the
designation of H, Historic Overlay Districts and the Aspen Inventory of Historic
Landmark Sites and Structures, pursuant to Chapter 26.415;
B. Review and apProvai} approval With conditions, suspension or disapproval of
develoPment within the H, Historic Overlay District or development involving the Aspen.
Inventory of Historic Landmark Sites and Structures, pursuant to Chapter 26.415;
C. Review and approval, approval with conditions, suspension or disapproval of
demolition or relocation involving properties listed on the Aspen Inventory of Historic
Landmark Sites and Structures pursuant to Chapter 26.415, or properties under
consideration for the Aspen Inventory of Historic Landmark Sites ~uad Structures pursuant
to Chapter 26.415.080 and 26.415.090;
D. Recommendation of approval, approval with conditions, or disapproval to the
Board of Adjustment or Planning and Zoning Commission on a request for variance in
the H, Historic Overlay District or involving properties listed on the Aspen Inventory of
Historic Landmark Sites and Structures, pursuant to Chapter 26.415;. 130;
E. AdoptiOn of Historic District and Historic Landmark Development Guidelines,
pursuant to Chapter 26.415;
F. Recommendation to the Planning and Zoning Commission to initiate amendments
to this Chapter;
G. To hear and approve, approve with conditions, or disapprove variations pursuant
to Chapter 26.415; and
H. To grant variances from the provisions of this Title when a ,consolidated
application is presented to the Historic Preservation Commission for review and approval
pursuant to Chapter 26.314.
I. To hear, review and approve variances to the Residential Design Guidelines,
pursuant to Chapter 26.410;
J. To hear and decide appeals from, and review any order, requirement, decision, or
determination made by, any administrative official charged with the enforcement of
Chapter 26.410, including appeals of interpretation of the text of the Residential Design
Standards. The Commission may only grant relief from the Residential Design Standards.
A variance from the Residential Design Standards does not grant an approval to vary
other standards of this Chapter that may be provided bY anOther decision making
administrative body;
K. To file a petition in accordance with Section 26.415.110 (A) with the Chief
Building Official, requesting that the official act to require the correction of defects or
repairs to designated properties subject to demolition by neglect.
26.220.020 QUalification for membership.
Members of the Historic Preservation Commission shall be qualified electors in
Aspen and residents for one (i) year prior to apPointment.
26.220.030 Membership; appointment, removal, terms and vacancies.
26.220.040 Staff.
26.220.050 Quorum and necessary vote.
26.220.060 Meetings, hearing and procedure.
26.220.070 Committees and project monitoring.
Section 5:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.304 of the Aspen
Municipal Code to read as follows. (Note that only the specific passage to be amended is
indicated. All portions of these sections not listed below shall remain in effect):
26.304.020 Pre-application conference.
A. General Prior to the formal filing of a development application, unless waived by
the Community Development Director, the applicant shall confer with a member of the
staff of the Community Development Department tO obtain information and guidance
regarding the format and processing of the development application. The purpose of such
a conference is to permit the applicant and the Community Development Department
staff to review informally a proposed development and determine the most efficient
method of development review before substantial commitments of rime and money are
made in the submission of an application. The Community Development Director may
decide as part of the pre-application process to hold pre-application work sessions with
decision making bodies if it is determined that such work sessions would provide the
Community Development Department or the applicant with additional information or
guidance necessary to the preparation or processing of an applicatie,n for development.
B. Issues of discussion. Issues that may be discussed at the pre-application
conference may include, but are not limited to, the following:
1. Proposed development. The applicant should describe the general nature
of the proposed development including, if applicable, proposed land uses and their
densities; proposed placement of buildings, structures, and other improvements; character
and location of common open space or treatment of public uses; preservation of natural
features; preservation of properties listed on the Aspen Inventory of Historic Landmark
Sites and Structures; protection of environmentally sensitive areas; proposed off-street
parking and internal traffic circulation; and total ground coverage of paved areas and
structures.
26.304.040 Initiation of application for development order.
An application for a develOPment order may only be initiated by (1) a person or
persons owning more than fifty percent (50%) of the property subject to the development
application and proposed development; (2) thc City Council or the Planning and Zoning
Commission for the purpose of amending the text of this Chapter or the official zone
district map (Chapter 26.310) or to designate a Specially Plan~ed Area (SPA) (Chapter
26.440); and, (3) the City Council, Planning and Zoning Commission, or Historic
Preservation Commission for the purpose of designating an (H), Historic Overlay District
or designating a property on the Aspen Inventory of Historic Landmark Sites and
Structures.
26.304.060 Review of a development application by decision-making bodies.
A. Review Procedures and Standards. Specific development review procedures and
standards for different types of development applications are set forth in the relevant
Chapters of this Title. They include the following:
Permitted Uses: Chapter 26.404
Variances: Chapter 26.314
Residential Design Standards: Chapter 26.410
Development involving the Aspen Inventory of Historic Landmark Sites and Slaxtctures or
in an "H," Historic Overlay District: Chapter 26~415
Conditional Uses: Chapter 26.425
Special Review: Chapter 26.430
Development in Environmentally Sensitive Areas: Chapter 26.435
Specially Planned Areas (SPA): 26.440
Planned Unit Developments (PUD): Chapter 26.445
Temporary Uses: Chapter 26.450
Growth Management Quota System (GMQS): Chapter 26.470
Subdivision: Chapter 26.480
Amendments to Text and Zone District Map: Chapter 26.310
Section 6:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.312.030(C)(2) and
26.312.050(C) of the Aspen Municipal Code to read as follows. (Note that only the
specific passage to be amended is indicated. All portions of these sections not listed
below shall remain in effect):
26.312.030 Nonconforming structures.
2. Historic Structures. The only exception to this requirement shall be for a
structare listed on the Aspen Inventory of Historic Landmark Sites and Structures. Such
structUreS may be eX~ended into fr6nt yard, side yard and rear yard setbacks, may be
extended into the minimum distance between buildings on a lot and may be enlarged,
proVided, hoWever, ~ch enlargemen~ does not exceed the ailowable floor area of the
existing structure by more than five hundred (500) square feet, complies with all other
requirements of this Title, and receives development review approwd as required by
Section 26.415.
26.312.050 Nonconforming lots of record.
C. Historic Property. A lot of record containing a property listed on the Aspen
Inventory of Historic Landmark Sites and Structures need not meet the minimum lot area
requirement of its zone district to allow the uses that are permitted and conditional uses in
the district subject to the standards and procedures established in Chapter 26.415.
Section 7:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council repeal and re-enact Section 26.415 of the
Aspen Municipal Code to read as follows:
CHAPTER 26.415
DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF H!STORIC
LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN AN "H,'
HISTORIC OVERLAY DISTRICT
Sections:
26.415.010 Purpose and Intent
26.415.020 Definitions
26.415.030 Designation of Historic Properties
26.415.040 Recordation of Designation
26.415.050 Rescinding of Designation
26.415.060 Effect of Designation
26.415.070 Development Involving Designated Historic Properties
26.415.080 Demolition of Designated Properties
26.415.090 Relocation of Designated Properties
26.415.100 Demolition by Neglect
26.415.110 Benefits
26.415.120 Appeals, Council Notice and Call Up
26.415.130 Variances Granted by Other City Review Bodies
26.415.140 Penalties
26.415.010 Purpose and Intent
The purpose of this chapter is to promote the public health, safety and welfare
through the protection, enhancement and preservation of those properties, areas and sites
which represent the distinctive elements of Aspen's cultural, educational, social,
economic, political and architectural history. Under the authority provided by the Home
Rule Charter of the City of Aspen and Section 29-20-104(c) of the Colorado Revised
StatUiel tO regulate land Use and Preserve areas of historical, architectural, archaeological
engineering and cultural importance, this chapter sets forth the procedures to:
A. Recognize, protect, and promote the retention and continued utili[ty of the historic
buildings and districts in the city;
B. Promote awareness and appreciation of Aspen's unique heritage;
C. Ensure the preservation of Aspen's character as a historic mining town, early ski resort
and cultural center;
D. Retain the historic, architectural and cultural resource attractions that support tourism
and the economic welfare of the community; and
E. Encourage productive, economical and attractive reuse of historic structures.
26.415.020 Definitions
The following definitions are specific to the terms as used irt this Chapter and in
the field of Historic Preservation.
Alteration - A change to an existing building, structure or feature that modifies its
original appearance or construction.
Certificate of Appropriateness -An official form issued by the City stating that the
proposed work on a designated historic property is compatible with its historic and
architectural character and, therefore, the work may be completed as specified in the
Certificate and the City may issue any permits needed to do the work specified in the
Certificate.
Certificate of No Negative EffeCt - An official form issued by the City stating that the
proposed work will have no detrimental effect on the character-defining features of a
designated property and, therefore, the work may proceed as specified in the Certificate
without obtaining further approvals under this Chapter and the City may issue any
permits needed to do the Work in the specified Certificate.
Certificate of Demolition approval - An official form issued by the City authorizing the
issuance of a demolition permit for a designated historic property or for a building or
structure located in a designated historic district.
Certificate of Economic Hardship - An official form issued by the City, in connection
with a Certificate of Demolition Approval, that allows the demolition of a designated
historic property as the owner has demonstrated that maintaining it will impose an
economic hardship.
Contributing Resource - A building, site, structure or object that adds to the historic
associations, historic architectural qualities or archaeological values for which a property
or district is considered significant
Designated Property - A property listed on the Aspen Inventory of Historic Landmarks
Sites and Structures.
Historic District - A collection, concentration, linkage or continuity of buildings,
structures, sites or objects united historically or aesthetically by plan or physical
development.
Integrity - The ability of property to convey its significance relative to the aspects of
location, setting, design, materials, workmanship and association.
Monitoring Committee - A subcommittee appointed by the Historic Preservation
Commission of up to two (2) Commission members and the Historic Preservation Officer
to provide oversight in the implementation of rehabilitation
Non-contributing Resource - A building, structure, site or object that does not add to the
historic architectural qualities or historic associations for which a property or district is
significant because it was not present during the period of significance or does not relate
to the documented significance; or due to alterations, additions, disturbances or other
changes, it no longer possesses historic integrity.
Object - A term used to distinguish buildings and structures from those constructions
that are primarily artistic in nature or small in scale and simply constructed. It may be by
nature or design movable, but it is associated with a specific setting and environment.
Rehabilitation - Making a building or structure sound and usable without attempting to
restore to a particular period appearance while retaining the character-defining features.
Relocation- Moving a building or structure from its original, historically significant, or
existing location to another location.
Repair - To restore to a sound or good state after decay, dilapidation or partial
destruction.
Restore - The repair or recreation of the original architectural elements or features of a
historic property so that it resembles an appearance it had at some previous point in time
Significance - The documented importance of a property for its contribution to or
representation of broad patternS of national, regional of local histor./, architecture,
engineering, archaeology and Culture
Site - The location of a significant event, a prehistoric or historic occupation or activity
or a building or structure, whether standing, ruined or vanished, where the location itself
possesses historic, cultural or archaeological value regardless of the value of any existing
structure.
Structure - A term used to distinguish from buildings those functional constructions
made for purposes other than creating human shelter.
26.415.030 Designation of Itistoric Properties
The designation of properties to an official list, that is known as the Aspen
Inventory of Historic Landmark Sites and Structures and maintained by the City of
Aspen, is intended to provide a systematic public process to determine what buildings,
areas and features of the historic built environment are of value to the community.
Designation provides a means of deciding and communicating, in advance of specific
issues or conflicts, what properties are in the public interest to protect.
A. Establishment of the Aspen Inventory of Historic Landmark Sites and Structures.
City Council to formally recognize those districts, buildings, structures, sites and objects
located in Aspen that have special significance to United States, Celorado or Aspen
history, architecture, archaeology, engineering or culture. The location of properties listed
on the Inventory are indicated on maps on file with the Community Development
Department.
B. Criteria.
To be eligible for designatiOn on the Aspen Inventory of Historic Landmark Sites
and Structures, an individUal building, site, structure or object or a collection of buildings,
sites, structures or objects must have a demonstrated quality of significance. The
significance of properties will be evaluated according to the following criteria:
1. A property is deemed significant for its antiquity, in that it is:
a. More than 100 years old; and
b. It possesses an appropriate degree of integrity of location, setting,
design, materials, workmanship and association, given its age or
2. A property, whatever its age, that possesses sufficient integrity of location,
setting, design, materials, workmanship, and association and
is related to one or more of the following:
a. An event, pattern or trend that has made a significant contribution to
local, state, regional or national history;
b. People whose specific contribution to local, state, regional or national
history can be identified and documented;
c. A physical design that embodies the distinctive characteristics of a type,
period or method of construction, or represents the technical or aesthetic
achievements of a recognized designer, craftsman or design philosophy.
C. Appli~ation
The property owner(s), the Historic Preservation Commission (HPC) or the City
Council may file an application for designation of a building, district, site, structure or
object on the Aspen Inventory of Historic Landmark Sites and Structures. The application
for the designatiOn of a property or collection of properties shall include the following:
1. The applicable information required in Section 26.304.030(B)(1),(2),(3) and
(4).
2. Site or historic district boundary map.
3. Property or district description including narrative text, photographs and/Or
other graphic materials that document its physical character/stics.
4. Written description of how the property meets the criteria for designation.
5. Identification of the character-defining features that distinguish the entity which
should be preserved.
D. Review, Public Hearings & Notice.
1. An application for designation on the Aspen Inventory of Historic Landmark
Sites and Structures will be transmitted to the Community Development Director
to determine if the application is complete. For applications filed with sufficient
information, a report will be Prepared by City staff for transmittai to the HPC with
the relevant information on the proposed historic property or district with a
recommendation to approve or disapprove and the reasons fi)r the
recommendaii0n.
2. A date for a public hearing on a complete aPplicatiOn will be scheduled before
the HPC. Notice of the hearing shall be provided according to the provisions of
Section 26.304.060.E3 (a)(b)(c) except when the HPC or City Council is the
applicant. When the HPC or City Council is the applicant, notice of the heating
will be mailed to the property owner(s) within 300 feet of the property and posted
on the subject property for at least thirty (30) days prior to the heating. Notice to
the property owner shall be by registered mail. In the event that there is no
evidence that the property owner received actual notice, the HPC may specify that
additional measures be taken.
3. The HPC shall evaluate the application to determine if the property or district
meets the criteria for designation. At the public hearing the property owner,
parties of interest and citizens shall have an opportunity to provide information
about the property or district's eligibility for designation. The HPC may
recommend approval, disapproval or continuance of the application to request
additional information necessary to make a decision to approve or deny. Their
recommendation shall be forwarded to City Council.
4. Upon receipt of the decision, report and recommendations of the HPC, the City
Council shall schedule a hearing on the application in accordance with the notice
requirements for adopting an ordinance. Council shall evaluate the application to
determine if the property or district meets the criteria for designation. At the
public he~fig the prOperty owner, Oartles Of interest and Citizens Shall have an
opportunity to provide information about the property or district's eligibility for
designation. The Council may approve, disapprove or continue the application to
request additional information necessary to make a decision to approve or deny.
5. If an application is denied, the HPC or City Council may not file a reapplication
for designation on the Aspen Inventory of Historic Landmark, Sites and Structures
for five (5) years from the date of the City Council disapproval.
26.415.040 Recordation of Designation
Upon the effective date of an ordinance by City Council designating a property on
the Aspen Inventory of Historic Landmark Sites and Structures, the City Clerk shall
record with the real estate records of the Clerk and Recorder of Pitkin County, Colorado,
a certified copy of the ordinance including a legal description of the property. The
location of properties designated by ordinance also shall be indicated on the official maps
of the City that are maintained by the Community Development Department.
26.415.050 Rescinding Designation
A. Application and Review.
An application for the removal of a property from the Aspen Inventory of Historic
Landmark Sites and Structures shall follow the same submission requirements and review
prOcedures as for designation described in this Chapter except that with respect to Section
26.415.030(C)(4) an explanation shall be provided describing why the property no longer
~eets the Criterid for designati°n and in Secti°n 26.415.030 (D)(3) ,md (4). The HPC and
City Council shall determine if sufficient evidence exists that the property no longer
meets the criteria for designation and, if so, shall remove the property from the Inventory.
B. Reapplication.
If a request for rescinding designation is denied, an application cannot be filed again for
a period of two years from the date of the denial by the City Council. The time limitation
of this subsection may be waived by a majority vote of the City Cotmcil when such action
is deemed necessary to prevent injustice or facilitate the proper development of the
City of Aspen.
26.415.060 Effect of Designation
A. Approvals Required.
Any development involving properties designated on the Aspen Inventory of Historic
Landmark Sites and Structures as an individual building or located :in a historic district,
unless determined exempt, requires the approval of a Development Order and either a
Certificate of No Negative Effect or a Certificate of Appropriateness before a building
permit or any other work authorization will be issued by the City.
B. Design Guidelines
1. The HPC has adopted design guidelines, herein and after referred[ to as the City of
Aspen Historic Preservation Design Guidelines, in accordance with the procedures for
not~ce and public hearings set forth in section 26.304~0601E (3)(a). These guidelines set
forth the standards necessary to preserve and maintain the historic and architectural
character of designated properties and districts. 'The standards apply to the exterior
features and/or notable streetscape and landscape elements of the desiguated historic
property and/or district. These guidelines are intended to offer assistance to property
owners undertaking construction, rehabilitation, alterations, changes in exterior
appearance or any other development involving designated historic properties or districts.
The guidelines will be periodically reviewed by the HPC and amended at a public
hearing, as needed.
2. The "City of Aspen Historic Preservation Design Guidelines," as amended, which are
on file with the Community Development Department, will be used in the review of
requests of Certificates of No Negative Effect or Certificates of Appropriateness.
Conformance with the applicable guidelines and the Common Dew,qopment Review
Procedures set forth in Chapter 26.304 will be necessary for the approval of any proposed
work.
C. Special Consideration
1. To preserve and maintain the historic and architectural character of designated
properties, the HPC or City Council may approx(e variations from the dimensional
requirements set forth in the Land Use Code and may make recommendations to the
Chief Building Official who has the authority to grant certain exceptions from the
Uniform Building Code (UBC) through the provisions of the Uniform Code for Building
Cohs~rvation (UCBC). These modifications may not change the applicable safety and
permit requirements and must also follow the procedures provided lbr modifications set
forth in the UCBC.
2. Designated historic properties are eligible for and have priority t(> participate in City
programs related to financial, developmental or technical assistance that will serve to
preserve, maintain or enhance their historic and architectural character.
3. All City authorities, including City Council are authorized to grant economic and
developmental benefits to designated historic properties or grant these benefits
conditional upon the subsequent designation of the property.
26.415.070 Development involving Designated Historic Property
No building or structure shall be erected, constructed, enlarged, altered, repaired,
relocated or improved involving a designated historic property or dj. strict until plans or
sufficient information have been submitted to the Community Dew:lopment Director and
approved in accordance with the Procedures established for exempt activities, minor work
and minor or major development. An application for a building penmit cannot be
submitted without a Development Order.
A. Exempt Development
1. Selected activities are exempted from the development review procedures
including interior remodeling, paint color selection, exterior repainting or
replastering similar to the existing finish or routine maintenance such as caulking,
replacement of fasteners, repair of window glazing or other such minimally
intrusive work.
2. If there is any question if a work activity qualifies as exempt the Community
Development Director shall make the determination as to its eligibility.
B. Certificate of No Negative Effect
1. An application for a Certificate of No Negative Effect may be made to the
Community Development Director for approval of work that has no adverse effect on
the physical appearance or character-defining features of a designated property. An
application for a Certificate of No Effect may be approved by the Community
Development Director with no further review if it meets the requirements set forth in
the following Section 26.415.070 (B)(2):
2. The Community Development Director shall issue a Development Order based
upon a Certificate of No Negative Effect within fourteen (14) days al2er receipt of a
complete application if:
a. It is determined that the activity is an eligible work item and meets the City of
Aspen Historic Preservation Design Guidelines, and
b. Any modifications to the proposed work requested by the Community
Development Director are agreed to by the owner/applicant, and
C. The proposed WOrk Will n0i diminish, eliminate or adversely affect the
significant historic and/or architectural character of the subject property or
historic district in which it is located.
3. An application for a Certificate of No Negative Effect shall include the following:
a. The general application information required in Section 26.304.030.
b. Elevations or drawings of the proposed work.
c. Photographs, building material samples and other exhibits, as needed, to
accurately depict location, extent and design of proposed work.
d. Verification that the proposal complies with Section 26.410, Residential
Design Standards.
4. The following work shall be considered for a Certificate of No Negative Effect:
a. Replacement or repair of architectural features which creates no change to the
exterior physical appearance of the building or structure.
b. Replacement or repair of architectural features that restores the building or
structure to its historic appearance.
c. Installation of awnings, or similar attachments provided no significant feature
is damaged, removed or obscured by the installation.
d: Fencing that has no adverse effect on the historic or architectural character of
the property
e. Mechanical equipment or accessory features that have no impact on the
character-defining features of the building or structure.
f. Signs which have no effect on the character-defining features of the historic
property.
g. Alterations to non-contributing buildings within historic districts that have no
adverse effect on its historic or architectural character.
h. Alteration to no more than two elements of non-primary fagades of a
designated building.
5. The Development Order and associated Certificate of No Negative Effect shall
expire and become null and void after three (3) years from the date of issuance by the
Community Development Director unless a building permit is issued within that time.
6. In the event that the Community Development Director determines that the
issuance a Certificate of No Negative Effect is not appropriate, the owner may apply
for a Certificate o£Appropriateness from the HPC.
C. Certificate of Appropriateness for a Minor Development
1. The review and decision on the issuance ora Certificate of Appropriateness for Minor
Development shall begin with a determination by the Community Development Director
that the proposed project constitutes a Minor Development. Minor Development work
includes:
a. Expansion or erection of a structure wherein the increase of the floor area of the
structure is two hundred and fifty (250) square feet or less, or
b. Alterations to a building fagade, windows, doors, roof planes or material.
exterior wall materials, dormer porch, exterior staircase, balcony or ornamental
trim when three (3) or fewer elements are affected and the work does not qualify
for a Certificate of No Negative Effect. or
c. Erection or installation of a combination or in multiples of awning, canopies,
mechanical equipment, fencing, signs, accessory features and other attachmems to
designated properties such that the cumulative impact does not allow for the
issuance of a Certificate of No Negative Effect, or
d. Alterations that are made to non-historic portions of a designated historic
property that do not qualify for a Certificate of No Negative Effect. or
e. The erection of street furniture, signs, public art and other visible
improvements within designated historic districts of a magnitude or in numbers
such that the cumulative impact does not allow for the issuance ora Certificate of
No Negative Effect.
The Community Development Director may determine that an application for work on a
designated historic property involving multiple categories of Minor Development may
result in the cumulative impact such that it is considered a Major Development. In such
cases, the applicant shall apply for a Major development review in accordance with
Section 26.415.070 (D).
2. An application for Minor Development shall include the following:
a. The general application information required in Section 26.304.030.
b. Scaled elevations and/or drawings of the proposed work and its relationship to
the designated historic buildings, structures, sites and features within its vicinity.
c. An accurate representation of all building materials and finishes to be used in
the development
e. Photographs and other exhibits, as needed, to accurately depict location,
extent and design of proposed work.
f. Verification that the proposal complies with Section 26.410, Residential
Design Standards, or a written request for a variance from any standard that is
not being met.
3. The procedures for the review of Minor Development projects are as follows:
a. The Community Development Director will review the application materials
and if they are determined to be complete, schedule a public hearing before the
HPC. The subject property shall be posted pursuant to Section
26.304.060(E)(3)(b).
b. Staff shall review the submittal material and prepare a re]port that analyzes the
project's conformance with the design guidelines and other applicable Land Use
Code Sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to approve,
disapprove or approve with conditions and the reasons for the recommendation.
The HPC Will review the application, the report and the evidence presented at the
hearing to determine the project's conformance With the City of Aspen Historic
Preservation Design Guidelines.
c. The HPC shall approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny. If the application is approved, the HPC shall issue a Certificate
of Appropriateness and the Community Development Director shall issue a
Development Order.
d. The HPC decision shall be final unless appealed by the applicant or a
landowner within three hundred (300) feet of the subject property in accordance
with the procedures set forth in Chapter 26.316.
D. Certificate of Appropriateness for Major Development
1. The review and decision on the issuance 0f a Certificate pf Appropriateness for Major
Development shall begin with a determination by the Community Development Director
that the proposed project constitutes a Major Development. A Major Development
includes one or more of the following activities:
a. The construction of a new structure within a historic district; and/or
b. Alterations to more than three (3) elements of a building fagade including its
windows, doors, roof planes or materials, exterior wall material, dormers, porches,
exterior staircase, balcony or ornamental trim; and/or
c. The expansion of a building increasing the floor area by more than two hundred
and fifty (250) square feet; and/or
d. Any new development that has not been determined to be Minor Development.
2. The procedures for the review of Major Development projects include a two-step
process requiring approval by the HPC of a Conceptual Development Plan, and then a
Final Development Plan. If a Major Development project involves additional Ci. ty Land
Use approvals, the Community Development Director may consolidate or modify the
review process accordingly, pursuant to Section 26.304.060 (B).
3. Conceptual Development Plan Review
a. An application for a Conceptual Development Plan shall include the following:
1. The general application information required in Section 26.304.030.
2. A site plan and survey showing property boundaries, the location and
orientation of existing and proposed improvements ,and predominant site
characteristics.
3. Scaled drawings of all proposed structure(s) or addition(s) depicting
their form, including their height, massing, scale, proportions and roof
plan; and the primary features of all elevations.
4. Preliminary selection of primary building materials to be used in
construction represented by san~ples and/or photographs.
5. Supplemental materials to provide a visual description of the context
surrounding the designated historic property or historic district including at
least one (1) of the following: diagrams, maps, photographs, models or
streetscape elevations.
6. Verification that the proposal complies with Section 26.410,
Residential Design Standards, or a written request for a variance from any
standard that is not being met.
b. The procedures for the review of Conceptual Development Plans for Major
Development projects are as follows:
1.The Community Development Director shall review the application materials
submitted for Conceptual or Final Development Plan approval. If they are
determined to be complete, the applicant will be notified in writing of this and a
public heating before the HPC shall be scheduled. Notice of the hearing shall be
provided pursuant to Section 26.304.060(E)(3)(a),(b), and (c).
2. Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land Use
Code Sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue, approve,
disapprove or approve with conditions and the reasons for the recommendation.
The HPC will review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City of
Aspen Historic Preservation Design Guidelines.
3. The HPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny.
c. The effect of approval ora Conceptual Development Plan is as fi)llows:
t. Approval of a Conceptual Development Plan shall not constitute final approval
of a Major Development project or permission to proceed with the development.
Such authorization shall only constitute authorization to proceed with the
preparation of an application for a Final Development Plan.
2. Approval of a Conceptual Development Plan shall be bi~tding upon HPC in
regards to the location and form of the envelope of the structure(s) and/or
addition(s) as depicted in the Conceptual Plan application including its height,
scale, massing and proportions. No changes will be made to this aspect of the
proposed development by the HPC as part of their review of the Final
Development Plan unless agreed to by the applicant. If the applicant chooses to
makes substantial amendments to the Conceptual Design at,er it has been
approved, a new Conceptual Development Plan hearing shall be required.
3. Unless otherwise specified in the Resolution granting Conceptual Development
Plan approval, a development application for a Final Development Plan shall be
submitted within one (1) year of the date of approval of a Conceptual
Development Plan. Failure to file such an application within this time period shall
render null and void the approval of the Conceptual Development Plan. The
Historic Preservation Commission may, at its sole discretion and for good cause
shown, grant a one-time extension of the expiration date for a Conceptual
Development Plan approval for up to six (6) months provided a written request for
extension is received no tess than thirty (30) days prior to the: expiration date.
4. Final Development Plan Review
a. An application for a Final Development Plan shall include:.
1. The general application information required in Section 26.304.030.
2. Final drawings of all proposed structures(s) and/or addition(s) included
as part of the development at lA" = 1.0' scale
3. An accurate representation of all major building materials to be used in
the development, depicted through samples or photographs.
4. A statement, including narrative text and/or graphics, indicating how the
Final Development Plan conforms to representations made or stipulations
placed as a condition of the approval of the Conceptual Development Plan.
b. The procedures for the review of Final Development Plans for Major
Development projects are as follows:
1 .The Community Development Director shall review the application
materials submitted for Final Development Plan approval. If they are
determined to be complete, the applicant will be notified in writing of this
and a public hearing before the HPC shall be scheduled. Notice of the
hearing shall br provided pursuant to Section 26.304.060(E)(3)(a),(b) and
(c).
2. Staff shall review the submittal material and prepare a report that
analyzes the project's conformance with the design guidelines and other
applicable Land Use Code- Sections. This report will be transmitted to the
HPC with relevant information on the proposed project and a
recommendation to continue, approve, disapprove or approve with
conditions and the reasons for the recommendation. The HPC will review
the application, the staff analysis report and the evidence presented at the
heating to determine the project's conformance with the City of Aspen
Historic Preservation Design Guidelines.
3. The HPC may approve, disapprove, approve with conditions or continue
the application to obtain additional information Cecessary to make a
decision to approve or deny. If the application is approved, the HPC shall
issue a Certificate of Appropriateness and the Community Development
Director shall issue a Development Order.
4. A resolution of the HPC action will be forwarded ~o the City Council in
accordance with Section 26.415.130 and no permit will be issued for
construction of the project until the thirty (30) day Call Up period by City
Council has expired.
5. Before an application for a building permit can be submitted, a final set
of plans reflecting any or all required changes by the, HPC or City Council
must be on file with the City. Any conditions of approval or outstanding
issues which must be addressed in the field or at a later time shall be noted
on the plans.
E. Amendments, Insubstantial and Substantial
There are two processes for amending plans approved pursuant to a Development Order
and an associated Certificate of Appropriateness. All requests for amendments,
insubstantial or substantial, must be in writing and accompanied by drawing(s) and
elevations, as specified below.
1. Insubstantial Amendments
a. Insubstantial amendments are minor modifications to HPC apprOved plans that:
1. Address circumstances discovered inthe c0ur~ 0f c0nstruction that
could not have been reasonably anticipated during the approval process, or
2. Are necessary for conformance with building safe~[y or accessibility
codes and do not materially change the approved plans, or
3. Approve specific building materials, finishes, design of ornamental trim
and other such detail not provided in the HPC approved plans, or
4.Change the shape, location or material of a building element or feature
but maintains the same quality and approximate appearance of that found
in the approved plans.
b. The Community Development Director may authorize insubstantial
amendments to approved plans.
c. Monitoring Committees established by the HPC, composed of up to two
members of the Commission and the Historic Preservation Officer or assign, may
also authorize insubstantial amendments.
d. Decisions of the Community Development Director or Monitoring Committee
are binding. Tl~e Community Development Director or Monitoring Committee
may determine that the proposed changes qualify as a substantial amendment and
remand the matter to the HPC,
e. Disapproval of a request for an insubstantial amendment :may be appealed to the
HPC to be considered in accordance with the procedures for substantial
amendments.
f. Approval of insubstantial amendments ofpians will be reported to the HPC at
their regularly scheduled meetings.
2. Substantial Amendments
a. All changes to approved plans that materially modify the location, size, shape,
materials, design, detailing and/or appearance of the building elements as
originally depicted must be approved by the HPC as a substantial amendment.
b. An application for a substantial amendment shall include the following
materials, as determined appropriate by the Community Development Director: 1. A revised site plan
2. Revised scaled elevations and drawings
3. Representations of building materials and finishes
4. Photographs and other exhibits to illustrate the proposed changes
c. The Community Development Director shall review the application materials
submitted for approval of a substantial amendment and waive any submittals not
considered necessary for consideration.. If they are determined to be complete, the
applicant will be notified in writing of this and a public hearing before the HPC
shall be scheduled.
d. Notice for the review of an application for a substantial amendment will include
publication, posting and mailing pursuant to Sections 26.304.060 (E) (3) (a)(b)(c).
e. Staff shall review the submittal material and prepare a report that analyzes the
extent of the changes relative to the approved plans and how the proposed
revisions affect the project's conformance with the design gnidelines and other
applicable Land Use codes. This report will be transmitted to the HPC with
relevant information on the proposed revisions and a recomraendation to continue,
approve, disapprove or approve with conditions and the reasons for the
recommendation.
f. The HPC will review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City of
Aspen Historic Preservation Design Guidelines. The HPC may approve,
disapprove, approve with conditions or continue the application to obtain
additional information necessary to make a decision to approve or deny.
26.415.080 Demolition of Designated Historic Properties
It is the intent of this ordinance to preserve the historic and architectural resources that
have demonstrated significance to the community. Consequently ne, demolition of
properties designated on the Aspen Inventory of Historic Landmark Sites and Structures
will be allowed unless approved by the HPC in accordance with the standards set forth in
this section.
A. Procedures for Considering Requests for Demolition of Designated Properties.
1. An application for a demolition permit for designated properties will be filed
with or referred to the Community Development Director by the Chief Building
Official. The applicant will be provided a written response within fourteen (14)
days of the request for a demolition permit describing the submittal materials
needed for consideration.
2. An application for demolition approval shall include:
The general application information requested in Section 26.304.030 and
written documentation that the Chief Building Official has determined the
building an imminent hazard, or
Narrative text, graphic illustrations or other exhibits that provide evidence that the
building, structure or object is of no historic or architectural value or importance.
3. When complete application materials are on file, a public hearing before the
HPC shall be scheduled. Notice for the hearing will include publication, mailing
and posting pursuant to Section 26.304.060 (E)(3)(a)(b) and (c). The staff shall
review the submittal material and prepare a staff report that analyze's the request
relative to the the criteria for approval.
4. The HPC shall review the application, the staff report and hear evidence
Presented by the property owners, parties of interest and members of the general
public to determine if the standards for demolition approval have been met.
Demolition shall be approved, if it is demonstrated that the application meets any
one of the following criteria:
a. The property has been determined by the City to be an imminent hazard
to public safety and the owner/applicant is unable to make the needed
repairs in a timely manner, or
b. The structure is not structurally sound despite evidence of the owner's
efforts to properly maintain the structure, or
c. The structure cannot practically be moved to another appropriate
location in Aspen, or
d. No documentation exists to support or demonstrate that the property has
historic, architectural, archaeological, engineering or cultural significance,
and
Additionally, for approval to demolish, all of the following .criteria must be met:
e. The structure does not contribute to the significance of the parcel or
historic district in which it is located, and
f. The loss of the building, structure or object would not adversely affect
the integrity of the historic district or its historic, architectural or aesthetic
relationship to adjacent designated properties and
g. Demolition of the structure will be inconsequential to the historic
preservation needs of the area.
5. The HPC shall approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to consider the demolition
request.
6. If the HPC approves the demolition request then a resolution of the HPC action
will be forwarded to the City Council in accordance with Section 26.415.120 and
no demolition permit will be issued until the thirty (30) day Call Up period by
City Council has expired.
7. If the demolition request is denied because it doe5 n0t mee~ th~ gforementioned
standards, the applicant may request demolition approval based upon a finding of
"Economic Hardship," as set forth below.
8. Before a demolition permit will be issued, a Certificate of Appropriateness for
the redevelopment or reuse plan, as provided for in Section 26.415.070(D), must
be approved. When a demolition permit must be issued because the building,
structure or object is an imminent hazard, or because of the issuance of a
Certificate of Economic Hardship, the permit may be received prior to the
approval of an acceptable re-use plan.
B. Procedures for Obtaining a Certificate of Economic Hardship
1. Purpose: It is the policy of the City of Aspen to respect private property fights. The
City recognizes, therefore, that there may be some circumstances in which the operation
of this ordinance could create an undue economic hardship. This provision is created to
~r6~i~b ~r6~ ~v,/n~§ ~i~h ~ ~ df ~e~;n~tr~tihg that SUch a hardship maY eXist,
and that they should be allowed to demolish a d~signated historic property because of that
hardship. It is the intent of this provision to insure that no private property is taken
without just compensation.
2. Standard of Review
The standard of review for a determination Of eg0nomig.hardship will be whether refusing
to allow the property owner to demolish the property would result in a violation of the
prohibitions of the U.S. and Colorado Constitutions against taking of private property for
public use without just compensation, as those prohibitions are interpreted by the courts
of Colorado and the United States. In applying the standards; the economic benefits of
financial, developmental and technical assistance from the City and. the utilization of any
federal and state rehabilitation tax credit programs may be considered.
3. Application:
a.. The property owner seeking a Certificate of Economic Hardship must provide
sufficient information to support the application for a hardship determination. The
HPC shall maintain a written policy statement identifying the types of materials
required for the consideration of an application for Certificate of Economic
Hardship.. Different submittal materials may be required depending upon
whether the property is residential, commercial or otherwise held for income
PrOduCing purpoSes~ NeCeSsary studies, evaluation and the compilation of required
information will be conducted by the owner at his or her expense.
b.. Upon receiving a request for a Certificate of Economic Hardship, the
Community Development Director shall provide a written response within
fourteen (14) days as to the submittal materials required.
c. Within five (5) days atSer receipt of an application for a Certificate of
Economic Hardsl~ip, the Community Development Director shall detenuine
whether the application is complete. If he or she determines that the application is
not complete, the Director shall notify the applicant in writing of the deficiencies.
The Director shall take no further steps to process the application until the
deficiencies have been remedied.
d. The application fee shall be set to defray all costs of the review process,
including the fees of an independent Hearing Officer.
4. Administrative Process
a. When the application is complete, the Community Development Director
will refer the application to the Historic Preservation Officer and the City
Attorney for review. The Historic Preservation Officer and City Attorney shall
jointly prepare a report setting forth the City's response.
b. In the event the City response concludes that the application does not
demonstrate a case of economic hardship, the application will be set for a public
hearing before a Heating Officer.
c. The Hearing Officer will be contracted by the City to conduct an impartial
quasi-judicial hearing on the question of economic hardship. The Officer shall
have sufficient legal and technical experience to conduct a fair hearing in
accordance with appropriate standards of due process. The application, all support
materials and the City's report shall be provided to the Hearing Officer in advance
of the hearing. At the hearing, the applicant will be provided with an opportunity
to present his application, and may be represented by counsel. The City position
will be presented by the City Attorney.
5. Appeal
An applicant may appeal the decision of the Hearing Officer to Superior Court within
thirty (30) days of issuance of the Hearing Officer decision.
C. Procedures for Considering Request for Demolition of PropenYes Under
Consideration for Designation.
While it is the intent of this ordinance to preserve properties of demonstrated
significance, it is also recognized that ail buildings and areas of importance to the general
welfare, prosperity and civic pride of its citizenry cannot be identified, evaluated,
documented and designated at one time. However, it is important to protect properties
which potentially qualify for designation against needless loss until review and hearings
can be completed.
A~ N° demolition will be Permitted for properties under cortsideration for
deSignation to the Aspen Inventory of Historic Landmark Si[tes and Structures
unless demolition approval is issued by the Historic Preservation Commission or
City Council.
B.All properties under consideration for designation and, therefore, subject ~to the
temporary stay of demolition will be identified on a list maintained by the
Chief Building Official. Property oWners will be notified by registered mail that
their property is under consideration for designation and have an opportunity to
review all materials compiled at that time to verify accuracy.
C. These procedttres shall apply to any building located within an area under
preliminary application for designation from the time the application is filed until
the time action is taken on the application by the City Council.
D. If a public hearing to consider the application for designation is not held by the
City Council within six (6) months of the initiation of the stay, the stay will
expire. An additional six-month stay Period may be extended by City Council in
the form ora resolution, at a public hearing, with a showing of good cause.
26.415.090 Relocation of Designated Properties
The intent of this ordinance is to preserve designated historic properties in their
original locations, as much of their significance is embOdied in their setting and physical
relationship to their surroundings as well as their association with events and people with
ties to particUlar sitel However, it is iecognized that OccasionallY the relOCation of a
property may be appropriate as it provides an altemative to demolition or because it only
has a limited impact on the attributes that make it significant.
A. Application
An application for relocation shall include:
1. The general application information required in Section 26.304.030.
2. A written description and/or graphic illustrations of the building, structure or
object proposed for relocation.
3. A written explanation of the type of relocation requested ,(temporary, on-site or
off-site) and justification for the need for relocation.
4. A written report from a licensed engineer or architect regarding the soundness
of the building, structure or object, its the ability to withstand the physical move
and its rehabilitation needs, once relocated.
5. A conceptual plan for the receiving site providing preliminary information on
the property boundaries, existing improvements and site characteristics and the
associated planned improvements.
6. If the applicant does not own the receiving site, proof from the site's property
owner of the willingness to accept the relocated building, structure or object.
7. Evidence that the applicant has or is seeking the necessaE,t approvals to place
the building on the identified receiving site. If the site is outside of the City limits,
Verification that the building will be preserved on its new site through a formal
~ ~ action of the 0therjurisdiction or a Preservation easement.
8. Evidence of the financial ability to undertake the safe relocation, preservation
and repair of the building, structure or object; site preparation and construction of
necessary infrastructure through the posting of bonds or other financial measures
deemed appropriate.
9. Supplementary materials to provide an understanding of the larger context for
the relocated property and its impact oti adjacent properties, the neighborhood or
streetscape.
B. Procedures for the Review of Relocation Request
1. The Community Development Director shall review the application materials
submitted for relocation approval. If they are determined to be complete, the
applicant will be notified in writing of this and a public hearing before the HPC
shall be scheduled.
2. Notice for the review of the Relocation Request shall include publication,
posting and mailing pursuant to Sections 26.304.060 (E) (3) (a)(b) and (c).
3. If the relocation request is part of a Major Development project, the
Community Development Director may consolidate or modify the review process
accordingly, pursuant to Section 26.304.060 (B).
4. Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the Standards for Relocation approval, set forth
below; the City of Aspen Historic Preservation Design Guidelines and other
applicable Land Use code sections. This report will be transmitted to the HPC
with relevan~ infonnati0n On the ProPosed ProjeCt and a recommendation to
continue, approve} disapprove or approve with conditions and the masons for the
recommendation. The HPC will review the application, the report and the
evidence presented at the hearing to determine if the standards for relocation have
been met.
5. The HPC shall approve, disapprove, approve with conditions or continue the
application to obtain additional information necessaW to make a decision to
approve or deny.
6. A resolution of the HPC action will be forwarded to the City Council in
accordance with Section 26.415.120 and no relocation will occur until after the
thirty (30) day Call Up period of the City Council has expired.
C. Standards for the Relocation of Designated Properties
Relocation for a building, structure or object will be approved if it is determined that it
meets any one of the following standards:
1. It is considered a non-contributing element of a historic district and its
relocation will not affect the character of the historic district; or
2. It does not contribute to the overall character of the historic district or parcel on
which it is located and its relocation will not have an adverse impact on the
historic district or property; or
3. The owner has obtained a Certificate of Economic Hardship; or
4. The relocation activity is demonstrated to be an acceptable preservation method
given the character and integrity of the building, structure or object and its move
will not adversely affect the integrity of the historic district !tn which it was
originally located or diminish the historic, architectural or aesthetic relationships
of adjacent designated properties; and
Additionally, for approval to relocate all of the following criteria must be met:
5. It has been determined that the building, structure or object is capable of
withstanding the physical impacts of relocation; and
6. An appropriate receiving site has been identified; and
7. An acceptable plan has been submitted providing for the safe relocation, repair
and preservation of the building, structure or object including the provision of the
necessary financial security.
D. Procedures for Considering Request for Relocation of Properties Under
Consideration for Designation.
While it is the intent of this ordinance to preserve properties of demonstrated
significance, it is also recognized that all buildings and areas of importance to the general
welfare, prosperity and civic pride of its citizenry cannot be identified, evaluated,
documented and designated at one time. However, it is important tc, protect properties
which potentially qualify for designation against needless loss until review and hearings
can be completed.
A. No relocation will be permitted for properties under consideration for
designation to the Aspen Inventory of Historic Landmark Sites and Structures
unless relocation apProval is issued by the Historic Preservation Commission or
CitY Council.
B.All properties under consideration for designation and, therefore, subject to the
temporary stay of relocation will be identified on a list maintained by the
Chief Building Official. prOperty owners will be notified by registered mail that
their property is under consideration for designation and have an opportunity to
review all materials compiled at that time to verify accuracy.
C. These procedures shall apply to any building located within an area under
preliminary application for designation from the time the application is filed until
the time action is taken on the application by the City Council.
D. If a public hearing to consider the application for designation is not held by the
City Council within six (6) months of the initiation of the stay, the stay will
expire. An additional six-month stay period may be extended by City Council in
the form ora resolution, at a public hearing, with a showing of g°od cause.
26.415.100 Demolition by Neglect
It is the intent of this ordinance to address the range of circumstances that affect the
preservation of the cornrnunity's significant historic and architectural resources. It is
further recognized that many historic buildings and structures are la, st because of
deterioration from lack of maintenance. Whether this occurs unintentionally or through
deliberate decisions, the result is the same: the loss of community assets. Consequently, it
is declared that the exterior features of any designated building or structure shall be
preserved against decay and deterioration and kept free from structural defects. The
designated structures shall receive reasonable care, maintenance and upkeep appropriate
for their preservation, protection, perpetuation and use.
A. Standards for Reasonable Care and Upkeep
1. The owner, or such other person who may have legal possession, custody, and
control thereof of a designated property shall, upon written request by the City,
repair the following exterior features if they are found to be deteriorating, or if
their condition is contributing to deterioration such that it is likely to compromise
the building's structural integrity or as to create or permit the creation of any
hazardous or unsafe condition to life, health or other property. These features
include, but are not limited to:
a. Deterioration of exterior walls, foundations, or other vertical supports
that causes leaning, sagging, splitting, listing, or buckling.
b. Deterioration of flooring or floor supports, or other horizontal members
that causes leaning, sagging, splitting, listing or buckling.
c. Deterioration of external chimneys that cause leaning, sagging, splitting,
listing or buckling.
d. Deterioration or crumbling of exterior plasters or Inortars.
& Ineffe~ii~$ ~$~66fifig of eXterior Walls, roofs ~tnd foundations,
including broken windows or doors.
f. Defective protection or lack of weather protection for exterior wall and
roof coverings, including lack of paint or weathering due to lack of paint
or other protective covering.
g. Rotting, holes and other forms of decay.
h. Deterioration of exterior stairs, porches, handrails,, window and door
frames, cornices, entablatUres, wall facings, ornamental trim and other
architectural details that cause delamination, instability, loss of shape and
form or crumbling.
B. Enforcement Procedures
1. The HPC may file a petition listing specific defects, in accordance With Section
26.415.110 (A), with the Chief Building Official, requesting that the official act
under the following procedures to require the correction of the defects or repairs
to designated properties:
2. Whenever a petition is filed, the Chief Building Official shall attempt to make
direct personal contact with the owner or other such persons having legal
possession, or custody and/or his representative. If personal contact cannot
reasonably be accomplished, then written notification of the specific defects
purported by the HPC and a request to inspect the property within 10 days will be
mailed to the owner and other such persons having legal possession, custody and
~ ~ control and will be posted at a cOnspicUous location appropriate to the identified
defects. In the written notification, the Chief Building Official shall document the
nature of the specific defects and the corrective action ordered.
3. After receiving agreemem from the owner, his representatives or other such
persons having legal possession, custody and control of the property for an
inspection, the Chief Building Official and the HP Officer shall within ten (10)
working days conduct an investigation and prepare a written report detemfining
whether the property requires work to address conditions semi forth in Section
26.415.100 (A)(1).
4. If the property is found to contain conditions needing con:ection, the owner, his
representative or other such persons having legal possession, custody and control
of the property will be served within fourteen (14) days with a complaint
identifying the property deficiencies and providing notice that a hearing will be
held before a Hearing Officer of the City within forty-fiv~ (45) days. The purpose
of the hearing is to:
a. Receive evidence concerning the charge of deterioration, and
b. Develop a plan and schedule for making the needed repairs in a timely fashion,
such that the building is stabilized and the deterioration is arrested, and
c. Ascertain whether the owner and/or other parties intend to make application for
financial assistance from the City to correct the building defects.
/g-x, 5. Following such notice and hearing, the Hearing Officer will make a
~ determination if there are any corrections required pursuant to Section 26.415.110
(A)(1) and shall state in writing the findings of fact in support of that
det~rminati°n, if it is determined that the building or structure is undergoing
d~t~riorafion 6rif its 50hdi~i0fi iS 6onifibuting to deteri°ration, the °Wner or other
parties of interest will be served an order to repair those defective elements of the
structure within a reasonable specified time frame.
6. If the oWner fails to make the necessary repairs within the identified time frame,
the City may undertake the work to correct the deficiencies that create any
hazardous and unsafe conditions to life, health and property. The expense of this
work will be recorded as a lien on the property.
C. Appeal
Within 30 days, the owner may appeal the decision of the Hearing Officer to the Board of
Appeals and Examiners pursuant to the process established in Section 8.08 of the Aspen
Municipal Code.
26.415.120 Benefits
The City of Aspen is committed to providing support to Property Owners to assist their
efforts to maintain, preserve and enhance their historic properties. Recognizing that these
properties are valuable community assets is the basic premise underlying the provision of
special procedures and programS for designated historic properties and districts.
A. Historic Landmark Lot Split
This provision provides an exemption from the Subdivision and Growth Management
Quota SYstem, pursuant tO 26.480.030 and 26.470~070 allowing owners of designated
historic properties to create a second unit in addition t° the historic bUilding On their lot
through the subdivision of the property.
1. An application for a lot Split of a designated historic property may be filed by
the owner by providing the standard information required in Section 26.304.
2. The procedure for the review ora historic lot split application is a two-step
process including a public hearing before the HPC and the City Council. Notice
for these heatings includes publication, mailing and posting pursuant to Section
26.304.060 (E)(3) (a)(b) and (c).
3. Staff will review the submittal material and prepare a report with relevant
information and a recommendation to continue, approve, approve with conditions
or disprove and the reason for the recommendation.
4. The HPC may approve a resolution, recommending that City Council approve,
approve with conditions or disapprove the application.
5. The City Council may, by ordinance, approve, approve with conditions or
disapprove the application.
B. Variances
Dimensional variations are allowed for projects involving designated properties to create
development that is more consistent with the character of the historic property or district
than what would be required by the underlying zoning's dimensional standards.
1. The HPC may grant variances of the Land Use code for designated properties to
allow:
a. Development in the side, rear and front setbacks;
b. Development that does not meet the minimum distance requirements
between buildings;
c. Up to five (5) percent additional site coverage;
d. Less open space than required for the on-site relocation of commercial
historic properties.
2. In granting a variance, the HPC must make a finding that such a variance:
a. Is similar to the pattern, features and character of the historic property
or district; and/or
b2 Enhances or mitigates an adverse impact to the historic significance or
architectural character of the historic property, an adjoining designated
historic property or historic district.
C. Parking
Parking reductions are permitted for designated historic properties on sites unable to
contain the number of on-site parking spaces required by the underlying zoning.
Commercial designated historic properties may receive waivers of payment-in-lieu fees
for parking reductions.
1. The parking reduction and waiver ofpayment-in-liue fees may be approved
upon a finding by the HPC that it will enhance or mitigate ~ua adverse impact on
the historic significance or architectural character of a designated historic
PropertY, an adjoining designated property or a historic district.
D. Conditional Uses
A variety of conditional uses are allowed for designated historic properties. These uses
are identified in Section 26.710
E. Floor Area Bonus
1. In selected circumstances, the HPC may grant up to five hundred (500)
additional square feet of allowable floor area for projects im~olving designated
historic properties. To be considered for the bonus, it must be demonstrated that:
a. The design of the project meets ali applicable design guidelines; and
b. The historic building is the key element of the property and the
addition is incorporated in a manner that maintains the visual integrity of
the historic building and/or
c. The work restores the existing portion of the building to its historic
appearance; and/or
d. The new construction is reflective of the proportional patterns found
in the historic building's form, materials or openings; and/or
e. The construction materials are of the highest quality; and/or
f. An appropriate transition defines the old and new portions of the
building; and/or
g. The project retains a historic outbuilding; and/or
h. Notable historic site and landscape features are retained.
2. Granting of additional allowable floor area is not a matter of right but is
contingent upon the sole discretion of the HPC and the commission's
assessments of the merits of the proposed project and its ability to demonstrate
exemplary historic preservation practices. Projects that demonstrate multiple
elements described above will have a greater likelihood of being awarded
additional floor area.
3. The decision to grant a Floor Area Bonus for Major Development projects will
occur as part of the approval of a Conceptual Development ]?lan, pursuant to
Section 26.415.070(D). NO development application that includes a request for a
Floor Area Bonus may be submitted until after the applicant has met with the
HPC is a work session to discusS how the proposal might meet the bonus
considerations.
E. Exemption from Growth Management Quota System Requirements
Certain types of development on designated historic properties are exempt from the
Growth Management Quota System and have reduced impact mitigation requirements.
Refer to Section 26.470(C) and (D) for further information.
F. Waiver of Fees
Designated historic properties may apply for the waiver of various City fees if it can be
demonstrated the waiver shall assist in the preservation of the designated historic
property.
26.415.120 Appeals, Notice to City Council and CallUp
A. Appeal
Any action by the HPC in approving, approving with conditions or disapproving a
development order and an associated Certificate of Appropriateness for Major
Development, Demolition Approval, or Relocation Approval may be appealed to the City
CounciI by the applicant or a property owner within three hundred (300) feet of the
subject property in accordance with the procedures set forth in Chapter 26.316.
B. Notic~ to City Council
FOllowing the adoption of a resolution approving, approving with conditions or
disapproving a development application for a Certificate of'Appropriateness for Major
Development, Demolition Approval or RelOcatiOn Approval of a designated property, the
HPC shalI promptly notify the City Council of its action to allow the City Council an
opportunity to avail itself of the Call Up procedure set forth in Section 26A15.120(C and
(D).
C. Call-Up
The City Cotmcil may order Call Up of any action taken by the HPC as described in
Section 26.415.070 Within thirty (30) days of the decision, action or determination.
Consequently no associated permits can be issued during the 30-day call up period.
D. City Council Action on Appeal or CallUp
The City Council shall consider the application On the record established before the HPC.
The City Council shall affirm the decision of the Hpc unless the[e is a finding that there
was a denial of due process, or the HPC has exceeded its jurisdiction or abused its
discretion. The City Council Shall take such action as is deemed necessary to remedy said
situation, including, but not limited to: 1. Reversing the decision,
2. Altering the conditions of approval,
3. Remanding the application to the HPC for reheating.
The Chair or Vice-Chair of the HPC shall be present at the appeal hearing.
26.415.130 Variances by other City Review Bodies
If an application for a variance involving a designated property is before the Board of
Adjustment or the Planning and Zoning Commission, the HPC will be given the
opportunity to make a written recommendation as to its approval. The Board of
AdjUstment or the Planning and Zoning Commission will not take action on said
development application for a variance pursuant to Chapter 26.314, without receiving the
written recommendation from the HPC.
26.415.140 Penalties
Any person violating the provisions of Sections 26.415.070 through 26.415.100 will be
subject to the general penalty provisions of this Title.
A. Additional Penalties
Additional penalties for the violation of Sections 26.415.070 through 26.415.100 include:
1. Any person who constructs, alters, relocates, changes the appearance or
demolishes a designated property in violation of any section may be required to
restore the building, structure or setting to its appearance prior to the violation.
2~ Following notice and public hearing, the HPC shall prohibit the owner,
successor, or assigns from obtaining a bUilding permit for the subject property for
a period of up to ten (10) years from the date of the violation. The City shall
initiate proceedings to place a deed restriction on the property to ensure
enforcement of this penalty. The property owner shall be required to maintain the
property during that period of time in conformance with the Standards for
Reasonable Care and Upkee. p set forth in Section 26.415.100(A).
3. Any variances or historic preservation benefits previously granted to the
property will be subject to revocation.
Section 8:
Pursuant tO Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council repeal Section 26.420 of the Aspen
Municipal Code in its entirety.
Section 9:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.430,040 of the Aspen
Municipal Code to read as follows. (Note that only the specific passage to be amended is
indicated. All portions of these sections not listed below shall remain in effect):
26.430.040 Review standards for special review.
D. Increase of Floor Area. Whenever a special review is conducted to determine an
increase in the external Floor Area Ratio, as provided in specified zone districts, the
development application is subject to the following criteria:
1. A minimum of sixty (60) percent of the additional fl~oor area shall be
affordable housing, with no more than forty (40) percent of the additional floor area
intended for other uses.
2. The development complies with the dimensional requirements criteria of
Section 26.430.040(A) above.
3. For properties listed on the Aspen Inventory of Historic Landmark Sites
and Structures, the affordable honsing portion of the additional floor area may be
provided either off-site or via a c~sh-inrlieu payment, if the following criteria are met:
In order to ensure the addition is compatible with the historic
structure in terms of design, scale, site plan, massing, or volume, on-site affordable
housing mitigation is undesirable.
b. Any off site affordable housing mitigation is provided at a level
meeting or exceeding the provisions of Section 26.470.070(D)(5).
c. The amount ofno~-affordable h0u~ing floor area does not exceed
forty (40) percent of the additional Floor Area Ratio allowed by Special Reviewl
Section 10:
Pursuant to Section 26.310 ofth~ Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.470 of the Aspen
Municipal Code to read as follo~vs, (Note that only the specific passage to be amended is
indicated. All portions of these sections not listed below shall remain in effect):
26.470.070 Exemptions
A. Remodeling, restoration~ or reconstruction of existing buildings
3. RePlacement bf structures listed on the Aspen Inventory of Historic
Landmark Sites and Structures. A structure included on the Aspen Inventory of Historic
Landmark Sites and Structures may be removed from a property and relocated elsewhere
within the City of Aspen and need not be demolished in order for a replacement structure
on its original site to be exempted from the growth management competition and scoring
procedures, provided that the structure is designated on the Aspen Inventory of Historic
Landmark Sites and Structures in its new location and all necessary development
approvals are obtained from HPC and the Planning and Zoning Commission.
26.470.070(C) and (D)
C. ttistoric Landmark Lot Split. The construction of each new single-family
dwelling on a lot created through a Historic Landmark Lot Split pursuant to Section
26.480.030(A)(4). This exemption shall not be deducted from the respective annual
development allotments established pursuant to Section 26.470.050 or from the Aspen
Metro Area development ceilings established pursuant to Section 26.470.030. Exemption
review is by the Community Development Director. This exemption shall only apply if
the standards of Section 26.470.070(B)(1) or (2), as applicable, are met.
D. Properties listed on the Aspen Inventory of Historic ]Landmark Sites and
Structures.
1. Chan~e of use. The change of use of a property listed on the Aspen
Inventory of Historic Landmark Sites and Structures that does not i~ncrease the building's
existing floor area ratio shalI be exempt. This exemption shall not be deducted from the
respective annual development allotments or from the Aspen Metro Area development
ceilings. Exemption review is by the Community Development Director.
2. Enlargements for additional dwellin~ and tourist accommodations units.
The enlargement of a property listed on the Aspen Inventory Of Historic Landmark Sites
and Structures that develops, on a maximum cumulative basis:
(a) not more than one residential dwelling or three hotel, lodge, bed
and breakfast, boardinghouse, roominghouse or dormitory units~ This exemption shall be
deducted from the respective annual development allotments and from the Aspen Metro
Area development. Exemption review is by the Community Development Director.
(b) more than one residential dwelling or more than three (3) hotel,
motel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units shall be
exempted. This exemption is not deducted from annual allotments or from Aspen Metro
Area ceilings. Review is by Growth Management Commission. The applicant shall
demonstrate that as a result of the development, mitigation of the project's community
impacts will be addressed by the standards set forth at sub-Section 5, below.
F~. 3. Enlargement for use as a commercial or office development.
a. No increase in FAR or net leasable square footage. The
enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites and
Structures intended to be used as a conunercial or office development which does not
increase either the building's existing floor area ratio or its net leasable square footage; or
(2) The enlargement of a property listed on the Aspen Inventory of Historic Landmark
Sites and Structures intended to be used as a commercial or office development which
increases either the building's existing floor area ratio or its net leasable square footage,
but does not increase both, shall be exempt. Review is by the Community Development
Director.
b. Increase in FAR and net leasable square footage. The increase in
FAR and net leasable square footage for a property listed on the Aspen Inventory of
Historic Landmark Sites and Structures to be used as a commercial, office, or mixed use
development including a residential component shall be reviewed by the Growth
Management Commission for an exemption. The applicant shall demonstrate that as a
result of the development, mitigation of the project's community impacts will be
addressed by the standards set forth at sub-Section 5, below. Upon a recommendation
from the Growth Management Commission, City Council may waive, reduce, or defer the
affordable housing mitigation as required, pursuant to subsection 5(a) below, when it
finds that no employees will be generated.
4. Enlargements for mixed-use development. The enlargement of a property
listed on the Aspen Inventory of Historic Landmark Sites and Structures for mixed-use as
a commercial, office or lodge development and that adds a residential dwelling unit, that
increases the building's or parcel's existing floor area ratio and its net leasable square
footage shall be exempt. This exemption is not deducted from annual allotments or from
Aspen Metro Area ceilings. Review is by Growth Management Commission. The
applicant shall demonstrate that as a result of the development mitigation of the project's
community impacts will be addressed by the standards set forth at sub-Section 5, below.
5. Standards for exemptions for properties listed on the Aspen Inventory of
for the ....................
Historic Landmark Sites and Structures. To be eligible ~':~'~;~ ~'
exemptions of sub-Sections (2)(b), (3)(b) and (4) above, the applicant shall demonstrate
that as a result of the development, mitigation of the project's community impacts will be
addressed as follows:
(a) Affordable housing.
(1) For an enlargement to the maximum floor area permitted
under the external floor area ratio for the applicable zone district (excluding any bonus
floor area permitted by special review), the applicant shall provide affordable housing at
one hundred (100) percent of the level that would meet the threshold required in Section
26.4701080(C)(5) for the apPlicable use. FOr each one percent reduction in floor area
below the maximum permitted under the external floor area ratio for the applicable zone
diStrict (exciuding any bOnUS floor area Permitted by special review), the affordable
housing requirement shall be reduced by one percent.
(2) The applicant shall place a restriction on the property, to
the satisfaction of the City Attorney, requiring that if, in the future, additional floor area is
requested, the owner shall provide affordable housing impact mitigation at the then
current standards.
(3) Any affordable housing provided by the applicant shall be
restricted to the housing designee's Category 3 price and income guidelines, as set forth
in the Affordable Housing Guidelines established by the AsperffPitkin County Housing
Authority.
Any affordable housing shall comply with the standards for affordaSle housing set forth
in the Aspen/Pitkin County Housing Guidelines.
(b) Parking. Parking shall be provided according to the standards of
Chapter 26.515, if the Historic-Preservation Commission determines that parking can be
provided on the site's surface and be consistent with the review standards Of Chapter
26.415, if applicable. Any parking that cannot be located on-site and that would therefore
be required to be provided via a cash-in-lieu payment shall be waived.
(c) Off site imlvacts. The development's water supply, sewage
treatment, solid waste disposal, drainage control, transportation and fire protection
impacts shall be mitigated to the satisfaction of the Growth Management Commission.
(d) Coml)atibility. The compatibility of the project's site design with
surrounding projects and its appropriateness for the site shall be demonstrated, including
but not limited to consideration of the quality and character of proposed landscaping and
open space, the amount of site coverage by buildings, any amenities provided for users
and residents of the site, and the efficiency and effectiveness of the service delivery area.
26.470.090(B)(4) Growth management scoring criteria- Residential and Tourist
Accommodations, Scoring
4. Maintaining design quality, historic compatibility and community character.
Design within the larger historic setting of the community is important as it is a vital
component of the community's economic well-being and cultural heritage. Public
architecture should support and enhance community life. The goal of this sub-Section is
to ensure the maintenance of community character through design quality and
compatibility with historic features.
There are a variety of ways in which a project might address the goal of maintaining
design quality, historic compatibility and community character, inclnding, but not limited
to the following:
a. restoring properties listed on the Aspen Inventory of Historic
Landmark Sites and Structures;
b. improving and maintaining the appearance and function of alleys
for commercial, office and residential uses;
c. ensuring design compatibility with existing buildings in the
vicinity of the proposed project, in terms of scale, massing, building materials,
fenestration, other architectural features, and open space;
d. including porches or other "pedestrian-friendly" features;
e. retaining and promoting eclectic and diverse businesses along
Main Street that maintain and enhance the special character of the l~istoric district;
ensuring the site's usability for social activities.
Section 11:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.480.030 of the Aspen
Municipal Code to read as follows. (Note that only the specific passage to be amended is
indicated. All portions of these sections not listed below shall remain in effect):
26.480.030 Exemptions.
The following development shall be exempted from the terms of this Chapter:
A. General exemptions.
4. Historic Landmark Lot Split. The split of a lot that is listed on the Aspen
Inventory of Historic Landmark Sites and Structures for the development of one new
single-family dwelling. The Historic Landmark Lot Split shall meet the requirements of
section 26.480.030(A)(2) and (4), section 26.470.070(C), and section 26.415.120(A) of
this Code, and the following standards:
a. The original parcel shall be a minimum of six thousand (6,000)
square feet in size and be located in the R-6, R-15, R-15A, RMF, or O zone district.
b. The total FAR for both residences shall be established by the size
o£the parcel and the zone district where the property is located. The total FAR for each
lot shall be noted on the Subdivision l~xemption Plat.
In the Office zone district, the following shall apply to the calculation of maximum floor
area for lots created through the historic landmark lot split. Note that the total FAR shall
not be stated on the Subdivision Exemption Plat because the floor area will be affected by
the use established on the property:
If all buildings on what was the fathering parceI remain wholly residential in use, the
maximum floor area will be as stated in the R-6 zone district.
If any portion of a building on a lot created by the historic landmark lot split is in
commercial/office use, then the allowed floor area for that lot shall be the floor area
allowed for all uses other than residential in the zone district. If the adjacent parcel
created by the lot split remains wholly in residential use, then the floor area on that parcel
shall be limited to the maximum allowed on a lot of its size for residential use according
to the R-6 standards.
If there is commercial/office use on both newly created lots, the maximum floor area for
all uses other than residential'in the zone district will be applied.
c. The proposed development meets all dimensional requirements of the
underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and
(c) are only permitted on the parcels that will contains a historic structure. The FAR
bonus will be applied to the maximum FAR allowed on the original parcel.
SectiOn 12:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.500.050 of the Aspen
Municipal Code to read as follows. (Note that only the specific passage to be amended is
indicated. All portions of these sections not listed below shall remain in effect):
26.500.050 Procedure.
B. City Council Determination of Eligibility. Following a public
hearing in accordance with Section 26.304.060(C), the City Council shall by resolution
(a) make a determination whether the proposed development is reasonably necessary for
the convenience and welfare of the public by applying the standards of Section
26.500.040; (b) establish a procedure for review of the proposed project to include
standards of review; (c) establish a Task Force Team to review the development proposal
and identify members of City boards, commissions, and other interested parties,
(including at least two (2) members of the public at large) to be included as members of
the Task Force Team, which shall include representation by the Plmming and Zoning
Commission; and, (d) establish a timeframe for the procedures to be used to review the
proposed development. If the proposed project proposes development subject to Chapter
26.415, Development involving the Aspen Inventory of Historic Landmark Sites and
Structures or Development in an "H," Historic Overlay District, the City Council shall
include in the review procedures the requirement for an application for review of the
eligible project to the Historic Preservation Commission in accordance with the
applicable sections of the Land Use Code. The City Council may, in appropriate
circumstances, include as part of the review process it adopts a separate referral to the
Planning and Zoning Commission, or any other City board and conunission for their
separate review and recommendation. Should the City Council determine that the
proposed development is not reasonably necessary for the convenience and welfare of the
public, the application shall be reviewed in accordance with the applicable sections of this
Land Use Code. The City Council may amend the resolution at any time upon the request
of the applicant, the Community Development Director, or upon its own motion.
Section 13:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Plam~ing and Zoning
Commission hereby recommends City Council amend Section 26.510.030 of the Aspen
Municipal Code to read as follows. (Note that only the specific passage to be amended is
indicated. All portions of these sections not listed below shall remain in effect):
26.510.030 Procedure for sign permit approval.
B.' Exempt signs. The following signs or sign activities shall be exempt from
obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and
owner of the sign from the responsibility of complying with all applicable provisions of
this Title. The exemption shall apply to the requirement for a sign permit under this
Section.
9. Historic designation. Signs placed on a historic building
identifying the structure as a property listed on the Aspen Inventory of Historic Landmark
Sites and Structures, which sign shall be a wall sign not to exceed six (6) square feet in
area.
Section 14:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Plam~'mg and Zoning
Commission hereby recommends City Council amend Section 26.515.030 of the Aspen
Municipal Code to read as follows. (Note that only the specific passage to be amended is
indicated. All portions of these sections not listed below shall remain in effect):
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 estahlishment 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.
Uses
Zone District Lodge Residential All Others
R6 Special Review * Special Review
R15 Special Review * Special Review
R- 15A N/A * Special Review
R-15B N/A * N/A
R-30 N/A * Special Review
R-MF Special Review * Special Review
MHP N/A * Special Review
AH/PUD N/A * * N/A
RR N/A * Special Review
CC 0.7 space/bedroom, * 2 spaces/I,000 sq. ft. of
may be provided via net leasable area, may
payment-in-lieu be provided via
payment-in-lieu
C-1 N/A * 1.5 spaces/I,000 sq.ft.
of net leasable area,
may be provided via
payment-in-lieu
S/C/I N/A * Fewer spaces may be All other uses: 1.5
provided pursuant to spaces/I,000 square
chapter 26.425, feet of net leasable area
Conditional Use unless otherwise
Review. established through
Special Review
pursuant to Chapter
26.430.
NC N/A * 4 spaces/i,000 sq.ft, of
inet leasable area
O N/A * 3 spaces/I,000 square
feet of net leasable
area; fewer spaces may
be provided by via
)ayment-in-lieu, but no
fewer than 1.5
space/i,000 square feet
of net leasable area
on-site.
L/TR 0.7 space/bedroom, * 4 spaces/I,000 sq.ft, of
which 0.2 net leasable area, may
space/bedroom may be be provided via
provided via payment- payment-in-lieu.
in-lieu.
CL 0.7 space/bedroom, * 2 spaces/i,000 sq.ft, of
which 0.2 net leasable area which
space/bedroom may be !may be provided via
provided via payment- I payment-in-lieu.
in-lieu.
LP 1 space/bedroom * 4 spaces/I,000 sq.ft, of
net leasable area.
C N/A * Special Review
A N/A * Special Review
P 1 space/bedroom * Special Review
PUB N/A * Special Review
Transportation N/A * Underlying Zone
Overlay District
Drainage N/A N/A Underlying Zone
Overlay District
Golf Course Underlying Zone N/A Underlying Zone
Support District District
Lodge 1 space/bedroom * Underlying Zone
District
LP Overlay 0.7 spaces/bedroom *, unless otherwise 4 spaces/1000 square
unless otherwise established pursuant to feet of net leasable
established pursuant to Section 26.445, area, unless otherwise
Section 26.445, Planned Unit established pursuant to
Planned Unit Development. Section 26.445,
Development. Planned Unit
Development.
· For single-family and duplex residential use and multi-family use: two (2) spaces/dwelling unit.
.............. ;, ~ ........ spaces may be provided pursuant to C]:tapter 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 affordab][e housing units.
Parking reductions for all uses, in all zone districts, are permitted for properties listed on
· the Aspen Inventory of Historic Landmark Sites and Structures that are unable to contain
the number of on-site parking spaces required by the underlying zoning upon a finding by
HPC pursuant to Section 26.415.120(C)(1). Commercial designated historic properties may
receive waivers of payment-in-lieu fees for parking reductions.
Section 15:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.520.080 of the Aspen
Municipal Code to read as follows. (Note that only the specific passage to be amended is
indicated. Ali portions of these sections not listed below shall remain in effect):
26.520.080 Procedure.
D. Special Review.
An application requesting a variance from the ADU design standards, or an appeal
of a determination made by the Community Development Director, shall be
processed as a Special Review in accordance with the Common Development
Review Procedure set forth in Section 26.304. The Special Review shall be
considered at a public heating for which notice has been posted and mailed,
pursuant to Section 26.304.060(E)(3)(b and c).
Review is by the Planning and Zoning Commission. If the property is listed on the
Aspen Inventory of Historic Landmark Sites and Structures or within a Historic
Overlay District, and the application has been authorized for consolidation
pursuant to Section 26.304, the Historic Preservation Commission shall consider
the Special Review.
Section 16:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.575.030 of the Aspen
Municipal Code to read as follows. (Note that only the specific passage to be amended is
indicated. All portions of these sections not listed below shall remain in effect):
26.575.030 Open Space.
A. Standards for open space. Development which is required to provide open space
shall comply with the following provisions:
11. Trellis structures within required open space shall only be proposed in
conjunction with commercial restaurant uses on properties ]Listed on the Aspen
Inventory of Historic Landmark Sites and Structures 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 Conununity
Development Director pursuant to Section 26.470.060(A)(2)(a)(1). Such approved
sla-uctures 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 26.430), 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
CohSider the following:
a. It may be appropriate to have open space on the site when the
building is located on a street comer.
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 property listed on the Aspen Inventory of
Historic Landmark Sites and Structures.
Section 17:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Plamfing and Zoning
Commission hereby recommends City Council amend Section 26.575.120 of the Aspen
Municipal Code to read as follows. (Note that only the specific passage to be amended is
indicated. All portions of these sections not listed below shall remain in effect):
26.575.120 Satellite dish antennas.
A. Satellite dish antennas twenty-four (24) inches in diameter or more must receive
building permits, if required, prior to installation. Prior to the issuance of appropriate
building permits, satellite dish antennas greater than twenty-four (24) inches in diameter
shall be reviewed and approved by the Community Development Director in
conformance with the following criteria. Any satellite dishes installed on a property
listed on the Aspen Inventory of Historic Landmark Sites and Structures or in an "H,"
Historic Overlay District shall be reviewed according to Chapter 26.415.070.B.
Section 18:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.575.130 of the Aspen
Municipal Code to read as follows. (Note that only the specific passage to be amended is
indicated. All portions of these sections not listed below shall remain in effect):
26.575.130 Wireless Telecommunication Services Facilities and Equipment.
C. Procedure. Pursuant to Section 26.304.020, the applicant shall conduct a pre-
application conference with staff of the Community Development ]Department. The
planner shall then prepare a pre-application summary describing the submission
requirements and any other pertinent land use material, the fees associated with the
review(s), and the review process in general.
After the pre-application summary is received by the applicant, said applicant
shall prepare an application for review and approval by staff and the Community
Development Director, respectively. In order to proceed with additional land use reviews
or obtain a Development Order, the Community Development Director shall find the
submitted development application consistent with the provisions, irequirements and
Standards of this Chapter.
The Community Development Director may apply reasonable conditions to the approval
as deemed necessary to insure conformance with applicable review criteria. If the
Community Development Director determines that the proposed wireless
telecommunication services facilities and equipment does not comply with the review
criteria and denies the application, or the applicant does not agree to the conditions of
approval determined by the Community Development Director, the applicant may apply
for conditional use review by the Planning and Zoning Commission and such application
must be made within fifteen (15) calendar days of the day on which the Community
Development Director's decision is rendered.
Proposals for the location of wireless telecommunication services facilities or equipment
on any property listed on the Aspen Inventory of Historic Landmark Sites and Structures
or within any historic district shall be reviewed by the City's Historic Preservation
Commission (HPC). Review of applications for wireless telecommunication services
facilities and/or equipment by the HPC shall replace the need for review by the
Community Development Director. Likewise, if the Historic Preservation Commission
determines that the proposed wireless telecommunication services :facilities and
equipment does not comply with the review criteria and denies the application, or the
applicant does not agree to the conditions of approval determined by the Historic
Preservation Commission, the applicant may appeal the decision to the City Council and
such appeal must be~fii~d within fifteen (15) calendar days of the day On which the
Historic Preservation Commission's decision is rendered.
E. General Provisions and Requirements. The following provisions apply to all
wireless telecommunication services facilities and equipment applications, sites, and
uses.
5. Historic Sites and Structures. In addition to the app][icable standards of
Chapter 26.415, all of the foregoing and following provisions and standards of this
Chapter shall apply when wireles~ telecommunication services facilities and equipment
are proposed on any historic site or structure, or within any historic district.
Section 19:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.610.020 of the Aspen
Municipal Code to read as follows. (Note that only the specific passage to be amended is
indicated. Ali portions of these sections not listed below shall remain in effect):
26.610.020 Applicability.
Park development impact fees shall be assessed upon all development in the City
of Aspen which creates additional bedrooms in residential dwellings, lodges, hotels, bed
and breakfasts, boardinghouses, roominghouses or dormitories and on all development
which creates additional commercial or office space. Park development impact fees shall
not be assessed upon the following:
A. Alteration or expansion of a structure which does not create any additional
bedrooms.
B. The replacement of a partially or totally destroyed structure which does not create
any additional bedrooms.
C. Development of essential community facilities.
D. Affordable housing subject to Affordable Housing Guidelines.
E. Development involving a property listed on the Aspen Inventory of Historic
Landmark Sites and Structures.
F. Re-subdivision of land, if a park development impact lee or a fee similar thereto
was assessed by the City of Aspen and collected at the time of the initial subdivision,
unless the re-subdivision shall be for the purpose of additional dew.qopment, in which
case the fee shall be assessed upon any additional bedrooms or commercial or office
space permitted by the re-subdivision.
Section 20:
Pursuant to Section 26.310 of the Municipal Code, the Aspen planning and Zoning
Commission hereby recommends City Council amend Section 26.710 of the Aspen
Municipal Code to read as follows. (Note that only the specific passage to be amended is
indicated. All portions of these sections not listed below shall remain in effect):
26.710.040 Medium-Density Residential (R-6).
C. Conditional uses. The following uses are permitted as conditional uses in thc
Medium-Density Residential (R-6) zone district, subject to the standards and procedures
established in Chapter 26.425:
1. Park or open use recreation site;
2. Public or private academic school;
3. Church;
4. Group home;
5. Child care center;
6. Museum;
7. For properties which are listed on the Aspen Inventory of Historic
Landmark Sites and Structures: bed and breakfast; boardinghouse; and two (2)
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 Medium-Density Residential (R-6) zone
district:
1. Minimum lot size (square feeD: 6,000. For lots created by Section
26.480.030(4) Historic Landmark Lot split: 3,000.
2. Minimum lot area per dwelling unit (square feeO:
a. Detached residential dwelling: 6,000
b. Duplex: A duplex may be developed on a lot of 8,000 square feet
that was subdivided as of April 28, 1975. A duplex may also be developed
on a lot of 7,500 square feet that was subdivided as of and annexed
subsequent to January 1, 1989. Otherwise, the duplex must be developed
with a minimum lot area of 4,500 square feet per dwelling unit, unless the
property is listed on the Aspen Inventory of Historic Landmark Sites and
Structures, in which case a duPlex or two (2) detactied residential
dwellings may be developed with a minimum lot area of 3,000 square feet
per unit.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60. For lots created by Section 26.480.030(4)
Historic Landmark Lot split: 30.
10. External floor area ratio (applies to conforming and nonconforming lots of
record)'.
*Total external floor area ratio for two detached residential dwellings or a duplex
on a lot between 6,000 and 9.000 square feet when the property is listed on the Aspen
Inventory of Historic Sites and Structures shall not exceed the floor area allowed for one
detached residential dwelling. Total external floor area for two detached residential
dwellings on a lot of 9,000 square feet or greater shall not exceed the floor area allowed
for one duplex.
*Total external floor area ratio for two detached residential dwellings or a duplex
on a lot between 6,000 and 9,000 square feet when the property is listed on the Aspen
Inventory of Historic Sites and Structures shall not exceed the floor area allowed for one
detached residential dwelling. Total external floor area for two detached residential
dwellings On a l°t °f 9,000 square feet or greater shall not exceed the floOr area allowed
for one duplex.
26.710.050 Moderate-Density Residential (R-15).
A. Purpose. The purpose of the Moderate-Density Residential (R-15) zone district is
to provide areas for long term residential purposes with customary accessory uses.
Recreational and institutional uses customarily found in proximity to residential uses are
included as conditional uses. Lands in the Moderate-Density Residential (R-t 5) zone
district typically consist of additions to the Aspen Townsite and subdivisions on the
periphery of the City. Lands within the Townsite which border Aspen Mountain are also
included in the Moderate-Density Residential (R-15) zone district.
B. Permitted uses. The following uses are permitted as of right in the Moderate-
Density Residential (R-15) zone district.
1. Detached residential dwelling;
2. DUplex;
3. Farm buildings and uses, provided that all such buildings and storage areas
are located at least 100 feet from pre-existing dwellings on other lots;
4. Home occupations;
5. Accessory buildings and uses; and
6. Accessory dwelling units meeting the provisions of Section 26.520.040.
7. For properties which are listed on the Aspen Inventory of Historic
Landmark Sites and Structures: two detached residential dwellings or a duplex on
a lot with a minimum area of fifteen thousand (15,000) square feet.
C. Conditional uses. The following uses are permitted as conditional uses in the
Moderate-Density Residential (R-15) zone district, subject to the standards and
procedures established in Chapter 26.425:
1. Parks and open use recreation site;
2. Public or private academic school;
3. Church;
4. Group home;
5. Child care center;
6. Museum;
7. Lodge, where indicated by designation as a Lodge Overlay District (L)
pursuant to Section 26.710.310;
8. For properties which are listed on the Aspen Inventory of Historic Sites
and Structures: bed and breakfast; boarding house; and two detached residential
dwellings or a duplex on a lot with a minimum area of six thousand (6,000)
square feet.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Moderate-Density Residential (R-15) zone
district.
1. Minimum lot size (square feet): 15,000. For lots created by Section
26:480.030(4) Historic Landmark Lot split: 3,000.
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: 15,000.
b. Duplex: A duplex may be developed on a lot of 15,000 square feet
that was subdivided as of April 28 1975. Otherwise the duplex must be
developed with a minimum lot area of 10,000 square feet per dwelling
unit, unless the property is listed on the Aspen Inventory of Historic Sites
and Structures, in which case a duplex or two detached residential
dwellings may be developed with a minimum lot area of three thousand
(3,000) square feet per unit.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 75. For lots created by Section 26.480.030(4)
Historic Landmark Lot split: 30.
4. Minimum front yard setback (feet):
Residential dwellings: 25.
Accessory buildings and all other buildings: 30.
5. Minimum side yard setback (feet): 10.
6. Minimum rear yard setback (feeO:
All buildings except residential dwellings and accessory buildings:
20.
Residential dwellings: 10.
AccessOry buildings: 5.
7. Maximum height (feet): 25.
8. Minimum distance between detached buildings on t~e lot (feet): 10.
9. Percent Of open space required for building site: No requirement.
10. External 17oor area ratio (applies to conforming and nonconforming lots
ofrecord)~'
*Total external floor area ratio for two detached residential dwellings or a duplex
on a lot less than 20,000 square feet when the property is listed on the Aspen Inventory of
Historic Sites and Structures shall not exceed the floor area allowed for one detached
residential dwelling. (Does not apply to the R-30 zone district.)
Duplex
*Total external floor area ratio for two detached residential dwellings or a duplex
on a lot less than 20,000 square feet when the property is listed on the Aspen Inventory of
Historic Sites and Structures shall not exceed the floor area allowed for one detached
residential dwelling. (Does not apply to the R-30 zone district.)
26.710.060 Moderate-Density Residential (R-15A).
A. Purpose. The purpose of the Moderate-Density Residential (R-15A) zone district
is to provide areas for long term residential purposes with customary accessory uses.
Recreational and institutional uses customarily found in proximity '~o residential uses are
included as conditional uses. Lands in the Moderate-Density Residential (R- 15A) zone
district are similarly situated to those in the Moderate-Density Residential (R-15) zone
district and are lands annexed from Pitkin County from zone districts in which duplexes
are a prohibited use.
B.. Permitted uses. The following uses are permitted as of right in the Moderate-
Density Residential (R-15A) zone district:
1. Detached residential dwelling;
2. Duplex, provided fifty (50) percent of the duplex units are restricted to
affordable housing;
3. Farm buildings and use, provided that all such buildings and storage areas
are located at least 100 feet from pre-existing dwellings on other lots;
4. Home occupations;
5. Accessory buildings and uses;
6. For properties which are listed on the Aspen Inventory of Historic Sites
and Structures: two detached residential dwellings on a lot within a minimum lot
size of thirteen thousand (13,000) square feet; and
7. Accessory dwelling units meeting the provisions of Section 26.520.040.
C. Conditional uses. The following uses are permitted as conditional uses in the
Moderate-Density Residential (R-15A) zone district, subject to the standards and
procedures established in Chapter 26.425:
1. Parks, and open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Child care center; and
6. Museum.
D. Dimensional requirements. The following dimensional reqmrements shall apply
to all permitted and conditional uses in the Moderate-Density Residential (R-15A) zone
district:
1. Minimum lot size (square feet): 15,000. For lots created by Section
26.480.030(4) Historic Landmark Lot Split: 3,000.
2. Minimum lot area per dwellin~ unit (square feet):
a. Detached residential dwelling: 15.000.
Duplex: A duplex may be developed on a lot of 15,000 square feet
that was subdivided as of April 28, 1975. Otherwise the duplex must be
developed with a minimum lot area of 10,000 square feet per dwelling
unit, unless the is listed on the Aspen Inventory of Historic Sites and
Structures, in which case two detached residential dwellings may be
developed with a mimmum of 6,500 square feet per unit.
3. Minimum lot width (feet): 75. For lots created by Section 26.480.030(4)
Historic'Landmark Lot Split: 30.
4. A minimum front yard setback (feeO:
Residential dwelling: 25.
Accessory buildings and all other buildings: 30.
5. Minimum side yard setback (feet): 10.
6. Minimum rear yard setback (feet):
All buildings except residential dwellings and accessory buildings:
20.
Residential dwellings: 10.
Accessory buildings: 5.
7. Maximum height (feet): 25.
8. Minimum distance between principal and accessory buildings (feet): 10.
9. Percent of open space required for building site: No requirement.
10. External floor area ratio (applies to cqnforming and nonconforming lots of
record): Same as R15 zone district.
26.710.090 Residential Multi-Family (R/MF).
A. Purpose. The purpose of the Residential/Multi-Family (R/MF) zone district is to
provide for the use of land for intensive long-term residential purposes, with customary
accessory uses. Recreational and institutional uses customarily found in proximity to
residential uses are included as conditional uses. Lands in the Residential/Multi-Family
(R/MF) zone district are typically those found in the original Aspen Townsite, within
walking distance of the center of the City, or include lands on transit routes, and other
lands with existing concentTations of attached residential dwellings and mixed attached
and detached residential dwellings.
B. Permitted uses. The following uses are permitted as of right in the
Residemial/Multi-Family (R/Mtr) zone district:
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be restricted as
affordable housing to the middle income price and occupancy guidelinesk 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. Multi-family dwellings;
4. Home occupations;
5. Accessory buildings and uses;
6. Dormitory; and
7. Two detached residential dwellings on a lot with a minimum lot size of six
thousand (6,000) square feet, of which one unit shall be restricted as affordable
housing to the middle income price and occupancy guidelines. The affordable
housiflg unit shall comprise, a minimum of one-third (1/3) of the total area of the
duplex. In the alternative, both may be free market units if an accessory dwelling
Unit shall be Provided for each unit; and
8. Accessory dwelling units meeting the provisions of Section 26.520.040.
C. Conditional uses. The following uses are permitted as conditional uses in the
Residential/Multi-Family (R/MF) zone district, subject to the standards and procedures
established in Chapter 26.425:
1. Park and open use recreation site;
2. Public and private academic school;
3. Church;
4. Group home;
5. Child care center;
6. Museum;
7. For properties which are listed on the Aspen Inventc,ry of Historic Sites
and Structures: bed and breakfast; and boardinghouse.
D. Dimensional requirements. The following dimensional requirements shall apply
to ali permitted and conditional uses in the Residential/Multi-FamilY (R/MF) zone
district:
1. Minimum lot size (square fleet): 6,000. For lots created by Section
26.480.030(4) Historic Landmark Lot Split: 3,000.
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: 6,000.
b. Duplex: 3,000.
c. Two detached residential dwellings: 3,000.
For multi-family dwellings on lot between 6,000 and 9,000 square feet, the
following minimum lot area per dwelling unit (square feet) requirements
apply:
Studio: 1,000.
1 bedroom: 1,200.
2 bedroom: 2,000.
3 bedroom: 3,000.
Units with more than 3 bedrooms: One (1) bedroom per 1,000
square feet of lot area.
For multi-family dwellings on lot of more than 9,000 square feet, the
following minimum lot area per dwelling unit (square feet) requirements
apply:
Studio: 1,000.
1 bedroom: 1,250.
2 bedroom: 2,100.
3 bedroom: 3,630.
Units with more than 3 bedrooms: One (1) bedroom per 1,000
square feet of lot area.
For multi-family dwellings on a lot of 27,000 square feet or less, when at
least fifty pement (50%) of the units built on-site are restricted as
affordable housing, the following minimum lot area per dwelling unit
(square feet) requirements apply: Studio: 500.
1 bedroom: 600.
2 bedroom: 1,000.
3 bedroom: 1,500.
Units with more than 3 bedrooms: One (1) bedroom per 500 square
feet of lot area.
For 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, the following minimum lot area per dwelling unit
(square feet) requirements apply:
Studio: 300.
1 bedroom: 400.
2 bedroom: 800.
3 bedroom: 1,200.
Units with more than 3 bedrooms: One (1) bedroom per 400 square
feet of lot area.
Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60. For lots created by Section 26.480. 030(4)
Historic Landmark Lot Split: 30.
26.710.140 Commercial Core (CC).
A. Purpose. The purpose of the Commercial Core (CC) zone distr/ct is to allow the
use of land for retail and service commercial, recreation and institutional proposes with
cust0mary accessory user t° 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. Chumh;
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, t'urniture store, gift shop, hardware store, hobby shop,
jewelry shop, job printing shop, key shop, liquor store, music store, office supply
store, pet shop, prom 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 repmr
and rental, shopZcraft 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 material~ 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 listed on the Aspen Inventory of Historic
Sites and Structures;
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.
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, fratemaI 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;
6. Timesharing;
7. Residential dwelling units which are located above street level commercial
uses in properties listed on the Aspen Inventory of Historic Sites and Structures
and which are not restricted to six-month minimum leases;
8. For properties which are listed on the Aspen Inventory of Historic Sites
and Structures; bed and breakfast; two detached residential dwellings or a
duplex on a lot witl~ a minimum area of 6,000 square feet.
26.710.150 Commercial (C-l).
A. Purpose. The purpose of the Commercial (C-l) 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-l) 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 listed on the Aspen Inventory of Historic
Sites and Structures 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.
26.710.180 Office (O).
A. Purpose. The purpose of the Office (O) 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 (O)
zone district:
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 (O) 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.
10. For properties which are listed on the Aspen Inventory of Historic
Landmark Sites and Structures: two (2) detached residential dwellings or a duplex
on a lot with a minimum area of nine thousand (9,000) square feet, of which one
unit shall be resmcted as affordable housing to the middle income price and
occupancy guidelines. The affordable housing unit shall comprise a mimmum 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.
C. Conditional uses. The following uses are permitted as in the Office (O) zone
district, subject to the standards and procedures established in Chapter 26.425:
1. Only for those structures listed on the Aspen Inventory of Historic Sites
and Structures: 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 property listed on
the Aspen Inventory of Historic Sites and Structures with a minimum area of
6,000 square feet, of Which one unit shall be restricted as affordablehoUsing to the
middle income price and occupancy guidelines. The affordahle housing trait 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 ail pem~itted and conditional uses in the Office (O) zone district:
1. Minimum lot size (square feet): 6,000. For lots created by Section
26.480.030(4) Historic Landmark Lot SPlit: 31000.
2. Minimum lot area per dwelling unit (square feet):
a. Detached residei~tial dwelling: 6,000.
b. Duplex or two detached units: 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 squai'e feet or less, when
at least fifly 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): 60. For lots created by Section 26.480.030,
Historic Landmark Lot Split: 30.
APPROVED by a vote of 6 to 1 by the Commission dunn~ a r)ul~lic hearinz on
DeCember 11, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City~'Att0mey J mine Tygre, Chair
ATTEST:
'~l~i-e Lothian, Deputy City Clerk