HomeMy WebLinkAboutordinance.council.011-75RECORD OF PROCEEDINGS
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ORDINANCE NO. 11
(Series of 1975)
AN ORDINANCE REPEALING CHAPTER 24, "ZONING" OF THE
MUNICIPAL CODE OF THE CITY OF ASPEN, RE-ENACTING OR
AMENDING CERTAIN SECTIONS THEREOF, ADDING PROVISIONS
NOT PREVIOUSLY A PART OF SAID CHAPTER; INCORPORATING
BY REFERENCE A REVISED ZONING DISTRICT MAP AND BY
THE REFERENCE ADOPTING THE SAME; SAVING PROSECUTION
AND PENALTIES FOR VIOLATIONS OF THE PREVIOUS SECTIONS
WHICH VIOLATIONS OCCURRED PRIOR TO THE EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING, iN ADDITION
TO OTHER LEGAL REMEDIES,THAT FOR VIOLATIONS OF
CHAPTER 24 THERE MAY BE IMPOSED FINES UP TO AND
INCLUDING $300 AND IMPRISONMENT FOR NOT MORE THAN
90 DAYS.
WHEREAS, The Aspen City Council has initiated
the revision of Chapter 24, including the zoning district
map incorporated therein, and on recommendation of the
Planning and Zoning Commission and after public hearing
duly noticed and held, concludes that said Chapter 24
should be substantially revised and put in a form as
contained in detail in the balance of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF ASPEN, COLORADO:
Section 1 Adoption
That Chapter 24 "Zoning", including the zoning
district map therein incorporated, of the Municipal
Code of the City of Aspen, is hereby repealed and the
said Chapter 24 is re-enacted to read as follows:
"Chapter 24
ZONING
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ARTICLE I
INTRODUCTION
24-1.1 Short Title
This ordinance shall be known and may be cited as
the Zoning Code of the City of Aspen.
24.-1.2 Intent and Purposes
~-~ a--~rdance with the genera~ plan of the City of
Aspen, Colorado, and as authorized by the statutes of
the State of Colorado and by Article XX of the Colorado
Constitution, this Chapter is intended to insure the
following benefits to the cftizens:
A. To promote the health, safety and welfare of
the community;
B. To lessen congestion in the streets and enhance
pedestrian and vehicular movement with the least
detriment to environmental quality;
C. To secure the safety of the people against fire
hazards, avalanche, unstable slopes, rock fall,
mud slides and flood danger;
D. To provide adequate light and open sapce and
avoid undue concentration of population;
E. To provide clean air by protecting our clear
air drainage basin and reducing pollutants into
the air;
F. To protect our water sources by maintaining
the natural watershed, preventing accelerated
erosion, reducing runoff and consequent sedi-
mentation, eliminating pollutants introduced
directly into our streams, and enhancing public
access to recreational water sources;
G. To prevent the overcrowding of land and avoid
transportation and service demands that cannot
be satisfied;
H. To facilitate adequate provision of water,
sewage, schools, parks, ~pen space, !~osoital,
recreation and other public requirementS;
I. To preserve our areas of historical and
archaeological importance, and provide for
adequate open space and preservation of scenic
views;
J. To maintain the natural scenic beauty of Aspen
Mountain and the Roarinq Fork Valley to sustain
our tourist based economy;
K. To provide for phased development of government
services and facilities and to aid in realizing
the policies, objectives and goals of the City's
comprehensive plan;
L. To encourage innovations in residential develop-
ment and renewal so that the growing demand for
housing may be met by greater variety in type
and design of dwellings and by the conservation
of more efficient and attractive use of open
space;
M. To insure that moderate and low income housing
is constructed to satisfy local needs and insure
that a proper balance is achieved between tourist
and residential housing;
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N. To advance a more effective use of land and
a higher quality of site planning reflecting
improvements in the technology of land
development;
O. To regulate the use of land on the basis of
impact thereof on the community;
P. To establish land use patterns that are
compatible with surrounding county zoning
districts;
Q. To correlate tourist accommondations with
the skier capacity of the surrounding ski
areas;
R. To otherwise plan for and regulate the use
of land so as to provide a planned and orderly
use of land, protection of the environment,
and preservation of our viability as a tourist
area, all to conserve the value of the invest-
ments of the people of this community and en-
courage the most appropriate use of land
throughout the municipality.
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ARTICLE II ZONE DISTRICTS AND OFFICIAL MAP -
GENERAL PROVISIONS
24-2.1
24-2.2
Creation of Districts
A. In order to carry out the purposes of this
Chapter, the City of Aspen is hereby divided
into the following zone districts:
1. R-6 Residential
2. R-15 Residential
3. R-30 Residential
4. R-40 Residential
5. R/MF Residential/Multi-Family
6. RR Rural Residential
7. CC Commercial Core
8. C-1 Commercial
9. S/C/I Service/Commercial/Industrial
10. NC Neighborhood Commercial
11. 0 Office
12. L-1 Lodge
13. L-2 Lodge
14. CL Commercial Lodge
15. A Academic
16. C Conservation
17. P Park
18. Pub Public
19. 0-2 Office
B. If a questions arrises as to whether a specific
use does or does not come within any of the above
expressed use categories, any person may apply
to the Zoning Commission for a determination as
to whether a specified use is expressly or
conditionally permitted, which determination
shall be made on an analysis of the intention
of the district and the compatibility of the
proposed use with specified permitted and
conditional uses.
C. All of the above districts may be developed
under planned unit development PUD concept
as described in Article VIII herein, provided,
however, if any district is designated with the
suffix PUD on the Zoning District Map, all
development within such district must occur
under and shall be regulated by the provisions
of Article VIII.
D. All permitted and conditional uses of any
district are subject to the additional standards
and regulations contained in Article IX of
this Chapter when all or any part of a district
has been designated as an H, Historic Overlay
District under the provisions of said Article IX.
Zoning District Map
A. The location and boundaries of the zoning
districts herein established are set forth
on the Zoning District Map of the City of
Aspen which accompanies this zoning cide
and which map, with all notations, references,
and other information shown thereon, is
incorporated herein and is as much a part
of this zoning code as if fully described
and set forth herein.
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B. If, in accordance with the provisions of this
zoning code, changes are made in district
boundaries or other matters portrayed on the
official Zoning District Map, such changes
shall be entered on the map promptly after
amendment. Provided that no Planning and
Zoning recommendation for a change to the map
shall have interim effect until the notations
required by Section 24-11.7 have been made,
all as provided in sai~ Section 24-11.7
C. Regardless of the existence of purported copies
of the official Zoning District Map which from
time to time may be made or published, the
official map which shall be located in the
office of the City Clerk shall be the final
authority as to the current zoning status of
land, buildings and other structures in the City.
24-2.3 Interpretation of the Zoning District Map
When, due to the scale, lack of detail or illegibility
of the Zoning District Map, there is any uncertainty,
contradiction or conflict as to the intended location of
any zoning district boundary as shown thereon, the Build-
ing Inspector shall make an interpretation of said map
upon request of any person, and any person aggrieved by
any such interpretation may appeal the same to the Planning
and Zoning Commission. The Building Inspector and Planning
and Zoning Commission, in interpreting the map or deciding
any appeal, shall apply the following standards:
A. ?he zoning district boundary lines are intended
to follow lot lines, or be parallel or perpendic-
ular thereto, or along the center lines of alleys,
streets, rights-of-way or water courses, unless
such boundary lines are fixed dimensions shown
on the map.
B. Where zoning district boundary lines are so indi-
cated that they approximately follow lot lines,
such lot lines shall be construed to be the
boundary lines.
C.Where a zoning district boundary line divides
a lot, the location of such boundary line, unless
indicated by dimensions shown on the zoning map,
shall be determined by the use of the map scale
shown thereon.
D. If, after application of the foregoing rules,
uncertainty still exists as to the exact loca-
tion of a zoning district boundary, the line
shall be determined in a reasonable manner,
considering the history of the city's zoning
ordinances and amendments, and other factors as
shall be deemed relevant.
24-2.4 Recordation of Waiver of District Regulationn
A. ~;henever the zoning classification of an area
of land is changed by legislative action and
such change, in whole or in part, is based upon
a representation by the applicant that he will
waive certain rights available to him under the
proposed district classification and that he will
use the area of land involved or erect structures
thereon in an manner more restricted than other-
wise would be required, no building permits shall
be issued except in strict compliance' with such
waiver.
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B. Whenever permission to develop is based, in
whole or in part, upon a representation by
an applicant that he will waive certain rights
available to him under an existent district
classification and that he will use the area
in a manner more restrained than would other-
wise be required, no building permits shall
be issued except in strict compliance with
such waiver.
C. Whenever an applicant for rezoning or develop-
ment permission shall have waived such rights
or consented to such restraints, and the waiver
or constraints do not appear on a plat or
binding site plan 6f record, then the Secretary
of the Planning and Zoning Commission shall
make notation of the same in the records of the
Clerk and Recorder of Pitkin County.
D. All such limitations shall be binding upon the
applicant and his successors and assigns, all
of whom shall be deemed conclusively to have
assented to all of those conditions, waivers
and limitations and to have waived objection
to the same.
24-2.5 Zoning of Vacated Areas
Whenever, subsequent to the effective date of this
section, any street, alley or other public way within the
City of Aspen shall be vacated by action of the City
Council, and when the lands within the boundaries thereof
attach to and become part of lands adjoining such street,
alley or public way, such lands formerly within such vacated
street, alley or public way shall, automatically, and with-
out further action by the City Council, acquire and be sub-
ject to the same zoninc regulations as are applicable to
land to which they attach, provided, that in determining
land available for development, there shall be excluded from
the calculation of allowable density or required open space
those areas of the development tract acquired by vacation.
24-2.6 Land Under Water
Whenever there is proposed for development a tract of
land partially under water at any time during the year, there
shall be excluded from the calculation in determining allow-
able density or required open space those areas of the
development tract under water and up to the mean water line.
24.-2.7
General Exemption for Utilities
Essential services shall be permitted as
authorized by law, it being the intention
of this section to exempt such essential
services from the application of this
zoning code.
For purposes of this section, essential
services is defined to include the erection,
alteration or maintenance by public utilities
or municipal departments of underground, sur-
face or overhead gas, electrical, steam,
fuel or water transmission or distribution
systems including towers, poles, wires, mains,
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drains, sewers, pipes, conduits, cables,
fire alarm and police call boxes, traffic
signals, hydrants and similar equipment
in connection herewith.
Excluded from the exemption granted by this
section are the maintenance and business
facilities necessary to supply such ser-
vices, which facilities shall be restricted
to their appropriate zone district.
24-2.8 Mandatory Economic Studies
Whenever the Planning Commission shall have review of a
development proposal by means of the provisions of this zon-
ing code, and it shall determine that it be necessary, to
adequately apprise itself of the impact or an economic con-
sequences of a development, that an economic impact statement
or a market feasibility analysis be done, it shall be pro-
vided by the applicant at his cost, unless otherwise directed
by the Commission. All required statements or analysis shall
be executed by licensed professionals or other person (s)
qualified to do the requested study and the Commission shall
review the qualifications of those employed. If the Commission
shall refuse to accept said person(s) as qualified, ~hich
refusal shall not be arbitrary, the applicant shall present
alternate qualified persons to the satisfaction of the
Commission. The format of the proposed study shall be accept-
able to the City and be compatible with any existent base
models previously prepared by City employees. The require-
ments of this section shall in no event be applied to a permit
application for one single family or duplex residence. The
results of any economic impact study or market feasibility
analysis shall not dictate either approval or disapproval of
the proposed project.
24-2.9 Applicability to Public Agencies
The provisions of this code, to the extent permitted by
law, shall apply to all public bodies, districts and agencies
of the federal, state, county and municipal governments.
24-2.10 Conceptual or Preliminary Approvals
Whenever within the requirements of this Chapter, pro-
vision is made for a conceptual or preliminary approval by
the City Council or Planning and Zoning Commission of a
plan, project, rezoning, activity, or other action, any
such approval given shall only authorize further study, plan-
ning or other work on the plan, project, rezoning, activity,
or other action. Such approval shall not be considered
binding nor as a final approval, and any person, firm or
corporation who expends time or funds in reliance thereon
shall do so at his or its own risk. The City shall have no
liability or responsibility for any detriment incurred there-
by nor shall its agencies be estopped by reason thereof from
withholding final approval.
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ARTICLE III ZONE DISTRICT DEFINITIONS AND REGULATIONS
24-3.1 Definitions
For the purposes of this zoning code, certain
words and phrases shall be defined as herein provided.
When not inconsistent with the text, words used in the
present tense include the future, words in the singular
number include the plural, words in the plural include
the singular, and the masculine includes the feminine.
The word "shall" is mandatory, and the word "may" is
permissive.
A. Alley: A public way permanently reserved as a
secondary means of access to abutting property.
B. Basement: That area of a structure 50 per cent
or more of which is below grade, subordinate
to the principal use of the building, and used
for parking, storage, and other secondary
purposes. Those areas beneath a basement
shall be designated sub-basement(s).
C. Boarding house, rooming house, dormitory:
A building or portion thereof other than a
hotel, motel, lodge or multiple family dwelling
wherein lodging and/or meals are provided for
six (6) or more persons for compensation, which
compensation may include money, services, or
other things of value.
D. Building: Any permanent structure built for the
shelter or enclosure of persons, animals, chattels
or property of any kind, and not including adver-
tising sign boards or fences.
E. Building Site: Area or a lot or lots upon which
a building or structure may be erected, or
open space or arcades located.
F. Dwelling: A permanent building or portion thereof
which is used as the private residence or sleeping
place of one or more human beings, but not in-
cluding hotels, lodge units, clubs,
hospitals, temporary structures such as tents,
railroad cars, trailers, street cars, raetal
prefabricated sections, or similar units.
1. One family dwelling: A detached principal
building, other than a mobile home, designed
for and used as a dwelling exclusively by
one family as an independent housekeeping
unit.
2. Two family dwellin~ (also known as a '~uplex"):
A detached principal building containing only two
_ dwelling units sharing a common wall no less than
20 percent between both dwelling units or shar-
ing a common ceiling and floor, in whole or in
part, connecting two dwelling units.
3. Multiple-family dwelling: A dwelling con-
taining three or more dwelling units, not
including hotels and lodges, but including town-
houses, with accessory use facilities limited to
an office, laundry, recreation facilities and
off-street parking used by the occupants.
G. Dwelling unit: One or more rooms, in addition
to a kitchen and/or bath facilities,intended or designed
for occupancy by a family or guests independent of other
families or guests.
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H. Employee Housing: That housing used exclusively
for persons employed on the premises by the
owner or manager thereof.
I. Family: Any lndividual~-or two (2) or more
persons related by blood or marriage or between
whom there is a legally recognized relationship,
or a group of not more than six (6) unrelated
persons occupying the same dwelling unit.
j. Farm and garden buildings and uses: Those
building and structures used to shelter or
enclose livestock, poultry, feed, flowers, field
equipment or similar uses; and those uses of
land devoted to raising of crops, poultry, or
livestock.
K. Floor Area; Ratio: A numerical statement of
the relationships of uses within a structure
(internal) or of the size of a structure to
its building site (external).
1. Internal Floor Area Ratio: Floor area
within a structure devoted to a particular
use as it compares to the total area of
the build'ing.
2. External Floor Area Ratio:. Total floor
area of building(s) or structure(s) as it
compares to the total area of the building
site.
L. Junk Yard: A yard or parcel of land, or portion
thereof, used for collecting, storage or sale
of waste paper, rags, scrap metal, or discarded
materials; or for the collecting dismantling,
storage, salvaging or demolition of vehicles,
machinery or other materials.
M. Lot: A parcel of real property as shown with a
separate and distinct number or letter on a plat
recorded in the Pitkin County Courthouse, or when
not so platted in a recorded subdivision, a parcel
of real property abutting upon at least one public
street and held under separate ownership.
1.Front lot line: The property line dividing
a lot from a street.
2. Rear lot line: The property line opposite
the front lot line.
3. Side lot line: Any lot lines other than
front or rear lot lines.
4. Lot area: The total horizontal area within
the lot lines of a lot except that beneath
the me a n water line of a body of water.
5. Lot depth: The shortest horizontal distance
between the front and rear lot lines measured
in the mean direction of the side lot line.
6. Lot width: The distance between the side lot
lines measured congruent with the front yard
setback line.
N. Mobile Home Park: Any lot or portion thereof upon
which sanitary facilities and individual utility
connections are available for two or more mobile
homes.
O. Hotel and Lodge: A building containing three
or more units~Lnone of which units~con~a~n
kitcheh>fa¢:il~tie~:~ intended for temporary
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occupancy of guests. Accessory use facilities
may consist of an office, laundry facilities
used by the occupants, recreation facilities, a
lobby or lounge, kitchen and dining facilities
and similar accessory uses commonly found in
association with a commercial hotel or
lodge operation and meeting requirements of
the particular zone district in which the
building is located.
P, Occupied: The word "occupied" includes arranged,
designed, built, altered, converted, rented or
leased, or intended to be occupied.
Q. Open-use recreation site: Land devoted to public
use for recreation including such facilities as
playgrounds and playfields, golf, tennis and
similar court installation, riding ring, tracks
and stables and similar facilities.
R. Person: The word "person" shall also include
association, firm, co-partnership, or cor-
poration.
S. Professional Office: For use by those such as
physicians, dentists, lawyers, architects,
engineers, accountants and others, who, through
training, are qualified to perform services of
a professional nature, and where limited storage
or sale of merchandise exists.
~. Public way: Any parcel of land unobstructed from
the ground to the sky, dedicated or appropriated to
%he free passage of the general public.
U. Recreation club: A building devoted to public
use including such facilities as golf club
house, swimming pool club house, tennis club
house, playground and playfield activity centers
or club houses and may include kitchen facilities,
assembly halls, meeting rooms, locker facilities,
etc.
U. Service Yard: Any yard area utilized for storage
of material accessory to or used in conjunction
with the principal use of the lot or building, or
used for garbage or trash containers or the
location of mechanical equipment accessory to
the principal building or use.
W. Shop-Craft Industry: Any establishment producing
one-of-a-kind objects, made by hand or with
limited mechanical assistance, including cloth
and basket weaving, pottery making, glass blow-
ing, and ceramics.
X. Street: A public way other than an alley, which
affords the principal means of access to abutting
property, including private streets.
y.~ Structure: Anything constructed or erected, which
requires location on the ground or attached to
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something having a location on the ground, but
not including fences or walls used as fences less
than six feet (6') in height, poles, lines,
cables, or other transmission or distribution
facilities of public utilities.
Use: The purpose for which land or a building
is designated, arranged, or intended, or for
which it either is or may be occupied or
maintained.
Yard: An open space other than a court, not in
an alley or street, unoccupied and unobstructed
from the ground upward, except as otherwise
provided in this code.
1. Front yard: A yard extending the full width
of the lot or parcel the depth of which is
measured by the least horizontal distance
between the front lot line and the nearest
wall of the principal building, such distance
being referred to as the front yard setback.
2. Rear yard: A yard extending the full width
of the lot or parcel, the depth of which is
measured by the least horizontal distance
between the rear lot line and the nearest wall
of the principal building, such depth being
referred to as the rear yard setback.
3. Side yard; A yard extending from the front
yard to the rear yard, the width of which is
measured by the least horizontal distance
between the side lot line and the nearest
wall of the principal building.
24-3.2 Permitted and Conditional Uses
To facilitate public understanding of this zoning
code and for the better administration, convenience and
use thereof, the following schedule of permitted and
conditional uses for the various zone district is
hereby adopted and declared to be a part of this code,
and may be amended in the same manner as any other part
of this zoning code. Those uses designated as permitted
are allowed as a matter of right and without special
authorization in the districts where so listed. The
establishment of any permitted use is subject only to
the obtaining of a building permit and conformance to the
requirements of this code and such other regulations and
laws as may be applicable. Conditional uses are those
uses which are allowed in those districts where so
authorized by the district regulations only when and if
a conditonal use permit is granted therefore in accordance
with the procedures and requirements set forth in
Section 24-3.3.
(insert schedule)
t
DISTRICT
INTENTION
PERMITTED USES
CONDITIONAL'USES
Residential
R-6
To provide areas for
residential purposes with
customary accessory uses.
Recreational and institu-
tional uses customarily
found in proximity to
residential uses are inclu-
ded as conditional uses.
One family dwelling, two family Open use recreation
dwelling; accessory building and site; public school;
use; farm and garden building and church; hospital; .public
use provided that all such build- administration building~
ings and storage areas are located day care centers; See
at least 100 feet from pre-exist- 24-3.7 K
ing dwellings on other lots.
Residential
R-15
Same as R-6
Same as R-6
Same as R- 6; lodge
where indicated on the
zoning district map
Residential
R-30
Same as R-6
Same as R-6
Same as R-6
Residential
R-40
Same as R-6
Same as R-6
Open use recreation
site; riding academy;
public school; church
hospital;public admin-
istration building
Residential/
Multi-Family
To provide for the use of
land for intensive long
term residential purposes,
with customary accessory
uses and less intensive
office uses. Recreational
and institutional uses
customarily found in proxi-
mity to residential uses are
included as conditional uses.
One family dwelling, two family
dwelling; multi-family dwell-
ings; town houses; accessory
building or use
Same as R-6;
Rural residential
RR
To allow utilization of land One family dwelling; accessory
for low density residential building, and use; farm and
purposes with customary garden building use provided
recreational, institutional, that all such buildings and
public and other compatible storage areas are located at
uses customarily found in least 100 feet from pre-exist-
proximity to those uses ing dwelling in other lots;
permitted included as nursery; greenhouse.
conditional uses.
Public building; public
school; church; hospita
radio tower~ recreation
club; open use recreati
site including ski runs
ski lifts and other ski
lng facilities and
structures; sewage dis-
posal area; ~;ater treat
ment plant; water stor-
age and reservoir area:
electric substation or
gas regulator stations
(not including buildin~
for offices, repair or
storage)
To retain the present mix Single family, duplex and
of uses on Main Street, to eh- and multi-family residences
courage the preservation of professional and business
structures of historic signifi offices.
cance and the character of the
entrance to town, to provide for
reasonable use of properties
along Main Street, and to main-
tain efficient use of Main Street
as a primary high volume east-
west thoroughfare.
Art, dance or music
studios; library; day
care center; restauran
rooming and boarding
houses if located in a
structure which as re-
ceived an H,Iiistoric
Designation, and adequ
parking is provided on
site with access from
alley; museums and
mortuaries.
DISTRICT
INTENTION
PERMITTED USES
CONDITIONAL USES
Commercial Core
CC
To allow the use of land for 1.
retail and service commercial,
recreation and institutional 2.
purposes with customary
accessory uses to enhance
the business and service
character in this central
core of the city. Accommo- 3.
dations and residential uses
are limited to an accessory
Medical and dental clinics,
professional offices;
Open use recreation site,
recreation club, theater,
assembly hall, school, church,
hospital, public building for
administration;
Restaurant, tea room-provided
all facilities for preparation
of food are located within a
building on the lot;
4. Retail commercial establish-
ments limited to the follow-
ing and similar uses: antique
store, appliance store, art
supply store, art gallery,
bakery, bookstore, camera
shop, candy, tobacco or
cigarette store, florist shop,
food market, furniture store,
gift shop, hardware store,
hobby shop, jewelry shop, job
printing shop, key shop, liquor
store, pet shop, paint and
wallpaper store, photography
shop, sporting goods store,
stationery store, variety store
5. Service commercial establish-
ments limited to the follow-
ing and similar uses: Business
office, catering service,
financial institution, per-
sonal service including barber
and beauty shop, custom sewing,
dry cleaning pick-up station,
laundromat, tailoring and shoe
repair shop, parking lot or parking
garage, studio for instruction
in the arts, radio or tele-
vision broadcasting facility;
6. Rental, repair and wholesaling
facilities in conjunction with
any of the above listed uses
provided all such activity is
clearly incidental and acces-
sory to the permitted use and
conducted within a building;
7. Storage of materials accessory
to any of the above listed
uses provided all such storage
is located within a structure;
8. Boarding house, rooming house,
dormitory -- accessory to other
permitted uses, and comprising
less than one-half of the total
floor area of the building,
exclusive of floor area devoted
to parking;
9. Dwelling units -- accessory to
other permitted uses, and com-
prisin~ less than one-half of
the total floor area of the
building
10. Newspaper publishing office
ll. Cabaret and night club
1. Recreationa~ and
entertainment
establishments limite(
to the following and
similar uses: busines~
fraternal or social
club or hall; ice or
roller skating rink;
shop craft industry;
gasoline service
station; provided all
operations are con-
ducted within the
primcipal building or
structure
2. Hotel
3. Newspaper and maga-
zine printing;
DISTRICT
INTENTION
PERMITTED USES
CONDITIONAL USES
C-1
TO p~ovide for the establish-
ment of commercial uses which
are not primarily oriented
towards serving the tourist
population
1. Medical and dental clinics
professionsal and business
offices.
2. Open use recreation site
or club, assembly hall,
church, hospital, public
building for administra-
tion.
3. Retail commercial estab-
lishments limited to the
following and similar uses:
antique store, appliance
store, art supply store,
bookstore, photo and
camera shop, art gallery,
florist, hobby or craft
shop, jewelry store, pet
shop, furniture store,
hardware store, paint and
wallpaper store.
4. Service commercial estab-
lishments limited to the
following and similar
uses: business office,
catering service, financial
institution, parking garage.
5. Accessory storage for the
above uses if located within
the structure.
6. Dwelling units accessory
to permitted uses.
7. Single-family, duplex and
multi-family units.
8. Broadcasting stations
None
DISTRICT
INTENTION
PERMITTED USES
CONDITIONAL USES
Cu~u,ercial Lodge
CL
To provide for the estab-
lishment of commercial uses
at street level but requir-
ing that all additional
stories be lodge accommoda-
tions.
Academic
A
To establish areas used
for education and cultural
activities with attendant
research, housing and
administrative facilities.
Ail development is to pro-
ceed according to a site
plan approved pursuant to
the provisions of Article
VII, Specially. Planned
Areas
Ail street level uses same as CC;
lodge accormmodations on second
and other stories
None
Private school or university;
teaching hospital; research
facility and testing laboratory
provided that such facilities
are enclosed and there are no
adverse noise or environmental
effects, auditorium and other
facilities for.performances and
lectures; gallery; museum;
library; and administrative
offices
Boarding house an~
dormitory for housing
students and faculty;
student health care
facility; student and
faculty dining hall
Conservation
C
To provide areas of low
density development to
enhance public recreation,
conserve natural resources,
encourage the production
of crops and animals, and
to contain and structure
urban development
Single family dwelling; public
elementary, junior and senior
high school; hospital; church;
park, playfield, playground
and golf course; riding stable;
cemetary; crop production,
orchards, nurseries, flower
production and forest land;
pasture and grazing land; dairy;
fishery; animal production;
husbandry services (not including
cormmercial feed lots) and other
farm and agricultural uses;
railroad right of way but not
railway yard
Guest ranches; recrea-
hional uses including
riding academy, stable,
or club, country club
and golf course; ski li
and other ski facilitie
sewage disposal area;
water treatment plant
and storage reservoir;
electric substations
and gas regulator
stations (not including
business or administra-
tion offices)
Park
P
To insure that land in- 1.
tended for recreation use
is developed in such a
manner to serve its in-
tended use while not exert- 2.
ing a disruptive influence
on adjacent uses of land.
When an additional
Transportation (T) desig-
nation, to provide for the
use of the public tracts
for both parks and public
transportation facilities
in the most compatible
manner but with the park
character to remain domi- 3.
nant. And when an addi-
tional Drainage (D) desig-
nation, to provide for the
use of public tracts for
both park and drainage
system facilities in the 4.
most compatible manner with
the park character to re-
main dominant
Open use recreational facility; Recreation building;
park, playfield; playground; sport shop; restuarant
golf course; riding stable; facility
nursery; botanical garden
When a Transportation (T)
designation appears on the
zoning district map, all the
uses in paragraph 1; public
transportation facility, in-
cluding bus stop and other
public transit stops; terminal
building: transportation
information and other service
related facilities; public
underground parking structure
When a Drainage (D) designa-
tion appears, all uses in
paragraph 1; all uses re-
quired by an approved drain-
age plan including conduits,
swales and retention ponds
When a Drainage/Transporta-
tion (D/T) designation appears
all uses in paragraphs 1, 2
and 3.
Public
Pub
TO provide for the develop-
ment of governmental and
quasi-governmental facil-
ities for culturD1, educa-
tional, civic and other
governmental purposes
Library: museum; post office;
hospital; essential governmental
and public utility uses, facili-
ties, services and buildings
(excluding maintenance shops);
performing art center; public
transit stop; terminal buildings,
transportation information and
other service related facilities;
public surface and underground
parking areas; community recrea-
tion facility; fire station;
public park
None
DISTRICT
INTENTION
PERMITTED USES
CONDITIONAL USES
Service/Commercial/
Industrial
slclI
TO allow the use of land
for limted commercial
purposes and limited indus-
trial purposes, with customary
accessory and institu%ional
uses. In addition, residences
for those employed in this
district may be included in
the service or commercial
buildings or adjacent
thereto ~as conditional uses
Limited co~Taercial and dwelling units accessory
industrial uses including to other permitted uses;
the following an~ similar catalogue sales store
uses: vehicle sales; equip-
rental, storage and repair;
gasoline service station;
automobile washing facilities;
electrical and plumbing
service shops; limited indus-
trial uses including the
following and similar uses:
builder's supply; dry clean-
ing plant and la, dry; fabri-
cation a.nd repair of build-
materials and components; lumber yard;
manufacture and repair of
sporting goods; printing and
publishing plants; warehousing
and storage; and shop craft
industry; provided that no
permitted uses creates
an unusual traffic hazard,
noise, dust, fuleS, odors,
smoke, vapor, vibration,
glare, or industrial waste
disposal problem (see sec-
tion 24-3.3 D)
Neighborhood
commercial
NC
To allow convenience estab-
lishments as part of a
neighborhood, designed and
planned to be compatible
with the surrounding neigh-
borhood and to reduce traffic
generation, circulation and
parking problems
Small convenienc~ establish- Service station;
ments designed and intended appliance, TV sales
to serve the daily or fre- and service shop;
quent trade or service needs laundromat; garden
of an immediately surrounding shop; hardware shop;
neighborhood. ~lch establish- paint and wallpaper
ments include f~od stores, store; carpet, floor-
pharmaceuticals, liquor stores,ing and drapery shop;
dry cleaning and laundry pick- business and pro-
up stations, barber shops, fessional office;
beauty shops, post office accessory dwelling
branches, and shoe repair units
shops.
Office
0
To provide for the estab-
lishment of offices and
associated commercial
Medical, dental and other
professional ar~ business
offices; mortuaries; flor-
ist; pharmacies for the ex-
clusive purpose or serving
medical and den~al offices;
single family, ~uplex and
multi-family r~idences
Art, dance or
music studios;
business, fraternal
or social club;
shop craft industry;
library; nursery;
day care center;
athletic club
Lodge-One
L-1
To encourage construction
and renovation of lodges
in the areas adjacent to the
co~nercial core and to pre-
vent the conversion of
existing lodges into long-
term residences.
Lodge units; boarding houses;
hotel; dining reom, laundry
and recreational facilites
for guests only.
Restaurant
Lodge-Two
L-2
TO encourage construction
and renovation of lodges in
the area at the base of Aspen
Mountain and to allow con-
struction of tourist oriented
multi-family units
Lodge units boamt~ng houses;
hotel; dining ruom, laundry
and recreation ~acilities for
guests only; mu~ti-family
residences
~estaurant
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RECORD OF PROCEEDINGS
100 Leaves
24-3.3 Grant of Conditional Use.
Whenever a use has been designated a conditional use,
a permit for such use shall issue only upon approval of
the Planning and Zoning Commission.
A. All applications for approval of a conditional use
shall be processed pursuant to the provisions of
Section 2-22 of the Municipal Code of the City of
Aspen as if the request were one for a use vari-
ance, provided that the applicant need not estab-
lish the grounds for variance stated in subsection
(d) thereof.
B. In considering the suitability of the conditional
use, the Commission shall determine (1) whether
the proposed use otherwise complies with all re-
requirements imposed by the zoning code, (2) whether
the proposed use is consistent with the objectives
and purposes of this zoning code and the applicable
zoning district and (3) if the proposed use is
designed to be compatible with surrounding land
uses and uses in the area.
C. No approved conditional use may be modified,
structurally enlarged or expanded in ground area
unless such modification, enlargement or expansion
receives the prior approval of the Commission
which approval shall be obtained by repetition of
the granting procedures herein provided.
D. Whenever a use in the Service/Commercial/Industrial
district is conditional because it may create
unusual traffic hazards, noise, dust, fumes, odors,
smoke, vapor, vibration, glare or industrial waste
disposal problems, such use shall not be approved
without the following limitations:
1. All such uses shall be operated within an en-
closed structure.
2. Noise, dust, fumes, odors, smoke, vapor, vibra-
tion, glare or waste shall be confined to the
lot on which the use is permitted.
3. Outdoor storage, equipment, and refuse areas
shall be concealed from the view of abutting
residential districts and public rights-of-way.
24-3.4 Area and Bulk Requirements
The following schedule of lot area, lot width, front
yard, side yard, rear yard, maximum height, building
distance, maximum square footage, and open space requirements
for the various zone districts is hereby adopted and de-
clared to be a part of this code and may be amended in the
same manner as any other part of this zoning code. These
basic regulations are further defined and supplemented by
additional requirements and excerpts in subsequent sections
of this article.
(insert schedule) -10-
t
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RECORD OF PROCEEDINGS
100 Leaves
24-3.5 Special Review Criteria
Whenever it shall be indicated on the Area and Bulk
Requirements Chart that the application is subject to
Special Review (aR), the Building Inspector shall forward
the application for development permission to the Zoning
Commission which shall allow or deny the development after
considering:
A. The adequacy of access to the site in view of
the width of adjacent streets, their grades,
intersection safety, visibility and entrance
into the lot to be developed;
B. Whether there exists safe access and sufficient
water pressure to provide fire protection;
C. The existent water pressure in the area and
the ability of the water system to supply
domestic needs; ·
D. Whether there will be provided sufficient
off-street parking as determined by (1) the
intended use of the property (2) walking
distance to the downtown area and (3) the
availability of public transportation;
E. The impact of the development considering the
potential for steam and air pol~u~$on~ aqd ~e
availability of public transportat!on aha o~ser
public or p~ivat~ ~rvices.
F In no event shall there be permitted more than
one bedroom per 1,000 square feet of lot area.
24-3.6 Use Square Footage Limitations
W--~-~in the commercial districts, including the Service/
Commerical/Industrial District, all permitted and conditional
commercial businesses shall be restricted to a maximum
gross floor area, excluding any basement area used
exclusively for storage (except commercial storage)
purposes or underground parking.
A. The following and similar uses shall be
limited to 3,000 square feet in gross floor
area:
Antique shop; art supply; bakery; bookstore;
camera shop; candy; tobacco or cigarette shop;
catalogue store; drug store; florist shop;
gift shop; hobby shop; jewelry shop; key shop;
liquor store; pet shop; photography shop;
stationery store; dry cleaning pick-up station;
barber and beauty shop; small appliance store;
art gallery decorator shop; seamstress; laundro-
mat; tailor; shoe repair shop; radio and TV broad-
casting stations; and rental, repair and whole-
saling, provided they are accessory uses;
electrical and plumbing service shops; auto-
mobile washing facility; pharmacies; art
studio; catering service.
B. The following and similar uses shall be limited
to 6,000 square feet in gross floor area;
drugstore (including pharmacy); equipment rental,
storage and repair; shop craft industry; fabri-
cation and repair and building materials (with
an additional 3,000 square feet permitted for
storage); sporting goods store; variety shop;
professional offices.
11 -
RECORD OF PROCEEDINGS
100 Leaves
Ce
The following and similar uses shall be limited
to 9,000 square feet in gross floor area:
service station; restaurant.
The following and similar uses shall be limited
to 12,000 square feet in gross floor area:
vehicle sales (with an additional 6,000 square
feet permitted for outdoor storage); builder
supply yard; lumber yard; dry cleaning plant
and laundry; manufacture and repair of sport-
ing goods; printing and publishing plant;
furniture store; carpet and floor covering
store; financial institutions~ ~ajor appliance store.
The following and similar uses shall be limited
to 20,000 square feet in gross floor area:
food market; warehousing and storage.
All of the square footage limitations on use
shall not restrict the square footage of the
total retail sales areas of the commercial zone
districts or any buildings occupied by any
combination of more than one of the above uses;
provided, however, that any businesses enumer-
ated above, of the same type which occur indivi-
dually or jointly in a single structure or
combination of structures situated upon a
single tract of land under the same ownership,
shall be considered one business and together ?
restricted to the maximum gross floor area given herein.
The PLanning and Zoning Commission may, upon
application thereto, grant variances from the
above square footage limitations when it is
satisfied that there are practical difficulties
or unnecessary hardships created by their
strict application, or that public need and
demand require an increased floor area for
a particular proposed use.
-lla-
RECORD OF PROCEEDINGS
100 Leaves
24-3.7 Supplementary Regulations
Regulations specified in other section~ of this Article
shall be subject to the following interpretations and
exceptions:
A. Accessory Buildings and Uses
Accessory buildings and uses shall be permitted
in every zone distrct.
1. An accessory building is defined as a
detached subordinate building, the use
of which is customarily incidental to
that of the principal building or to the
principal use of the land and which is
located on the same lot or parcel with the
principal building or use. Accessory
buildings shall not be provided with
kitchen or bath facilities sufficient to
render them suitable for permanent resi-
dential occupancy.
2. An accessory use is one that is naturally
and normally incidental to, subordinate to,
and devoted exclusively to the principal
use of the premises, and does not change
the basic character thereof, as determined
by its principal use.
B. Home Occupations
A home occupation shall be allowed as a permitted
accessory use provided the following conditions
are met:
1. Each use must be conducted entirely within
a dwelling and carried on by the inhabitants
living there and no others.
2. Such use must be clearly incidental to and
secondary to the use of the dwelling for
dwelling purposes and must not change the
residential character thereof.
3. The total area use for such purposes may
not exceed one-half the first floor area
of the user's dwelling unit.
4. There must be no advertising display or
other indications of the home occupation
on the premises other than provided for in
Section 24-5.9.
5. There may be only incidental sales of stock,
supplies or products conducted on the premises.
6. There must be no exterior storage on the
premises of material or equipment used as a
part of the home occupation.
7. There must be no offensive noise, vibration,
smoke, dust, odors, heat or glare notice-
able at or beyond the property line.
8. A home occupation must provide additional
off-street parking adequate to accommodate
all needs created by the home occupation.
9. Under no circumstances shall any of the
following be considered a home occupation:
antique shop, barber shop, beauty parlor,
clinic, mortuary, nursing home, restaurant,
veterinarian's clinic, or dancing studio.
C. Fence, Hedge or Wall
Fences, hedges or wall shall be permitted providing
that they shall not exceed six feet (6') above
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RECORD OF PROCEEDINGS
100 Leaves
De
grade. Fences visible from the street shall
be constructed of wood, stone, wrought iron, or
masonry. Plans showing proposed construction,
material, location and height shall be presented
to the Building Inspector before a permit is
issued.
Open Space Requirements
For purposes of satisfying this requirement,
open space shall be defined as a portion of
a building site, one side of which shall be
open to the street unobstructed from ground
level to sky with the exception of permitted
architectural projections above ground level
and which space shall not be used for storage,
swimming pools and other recreation areas, trash area
rear access area, parking, or str~ctures ~f any nature,
except fouDt~ins.~pat~wavs,~ences and landscaping
1. -The minimum ~rontage oi-t-~ open space
which is open to the street shall be one-
half (%) of the dimension of that side of
the building site, or one hundred (100)
feet, whichever is less.
2. The minimum depth of the open space which
is open to a street shall be ten (10) feet
measured at right angles from the front
lot line.
3. Required open space shall not be more than
four (4) feet above nor more than ten (10)
feet below the existing grade of the street
which abuts the open space.
4. The open space shall be continuous and not
obstructed with building appurtenances and
appendages, provided that roof overhangs,
balconies, cornices and other architectural
features, not protruding at ground level,
may project into a maximum one-half of the
width of the open space area. Nothing herein
shall allow the projection of stairways and
overhead walkways which will be considered
obstructions.
5. In the event that the city of Aspen shall have
adopted a trail plan incorporating mid-block
pedestrian links, any required open space
must, if the City shall so elect, be applied
and dedicated for such use.
6. Prior to issuance of a building permit, the
Building Inspector shall require site plans
and drawings of any required open space area,
including a landscaping plan, to insure
compliance with this section.
7. Whenever the landscaping required herein is
not maintained, the Building Inspector, after
30 days written notice to the owner or occupant
of the property, may revoke the certificate of
occupancy until said parties comply with the
landscaping requirements of this section.
Measuring Floor Area for Floor Area Ratio
1. In measuring floor area for the purpose of
calculating floor area ratio, there shall be
included that area within the surrounding
exterior walls (measured from their exterior
F. Yard
1.
RECORD OF PROCEEDINGS
100 Leaves
surface) of a building or portion thereof, ex-
clusive of vent shafts and courts, The floor
area of a building or portion thereof not
surrounded bv exterior walls shall include any
usable area ~nder a horizontal projection of a
roof or floor above.
For purposes of calculated external floor area
~a~io, there shall be included basement (but not
sub-basement)areas except any-such basement area
devoted to underground off-street parking. Within
the CC district, stQrag~ (otber.~nu~m~r~l
storage) accessory to ~ne pr~nc~
building shall also be excluded ~n calculatin~
~xternal floor area ratio.
rovlslgns
Projections into reouired yards - yards
shall be open from ~he ground up ekcept ~or
the following allowed projections:
building eaves--18 inches, architectural
projections--12 inches, individual balconies
not utilized as a passageway (provided they
do not project more than 1/3 the distance
from the exterior wall to the property line)
-- 4 feet, fire escapes--4 feet, uncovered
porches, slabs, patios, walks and steps--
no restriction, fences, hedges and walls less
than 6' in height--no restriction on location.
Required yards adjacent to private roads -
all required yard setbacks under district
regulations are based on distance measured
from the right-of-way line of a dedicated
public way. Where there is no public
dedication and the lot line extends to the
centerline of the right-of-way, the required
yard setback shall equal the distance
specified under district regulations plus
an additional distance equal to one-half
of the right-of-way width as if such private
way were dedicated for public use.
Corner lots - on a lot bordered on two sides
by intersecting streets, the owner shall
have a choice as to which yard shall be
considered as the front yard, such yard to
meet minimum setbacks for a front yard in
that district· The remaining yard border-
ing a street may be reduced by one-third
of the required front yard setback distance
for the district.
Yards in developed areas - where an unbuilt
lot is bordered by property developed prior
to the effective date of this zoning code,
one or both of which are non-conforming as to
front yard setback distances for the district,
the required front yard for the unbuilt lot
shall be the average of the setback distances
of the bordering properties; or, if only one
of the adjacent properties has been improved,
the setback of the new construction shall
conform to these regulations·
Transitional yards - where two lots share a
common side lot line and are in different
zone districts, the lot in the more intensive
use district shall observe the required yard
setback distance as established for the less
intensive use district·
RECORD OF PROCEEDINGS
100 Leaves
6. Yards adjacent to arterial roadways - on a
lot bordered by a designated arterial roadway,
the minimum front yard setback distance for
the district shall be applied to the portion
of the lot adjacent to the arterial roadway,
regardless of building orientation. '~here
a lot is bordered on two sides by intersect-
ing arterial roadways, the provisions listed
under the corner lot situation shall apply.
Height Provisions
1. The height of a building shall be the maximum
distance possible measured at right angles to
the natural undisturbed ground slope to the top
of a flat or mansard roof, or the mean height
between the eaves and ridge of a gable, hip,
gambrel or similar pitched roof. The ridge
of a gable, hip, gambrel, or similar pitched
roof may not exceed over five feet above the
specified maximum height limit. Antennas,
chimneys, flues, vents or similar structures
shall not extend over ten feet above the
specified maximum height limit. Water towers
and mechanical equipment may not extend over
five feet above the specified maximum height
limit. Church spires, bell towers and like
architectural features, as well as flag poles,
may extend over the specified maximum height
limit.
2. Where schools, churches, hospitals and public
administration buildings are permitted in a
residential district, they may exceed the
established height limitation by 50 per cent
provided all other requirements for the
district are complied with, and provided,
further, that the total floor area of the
structure does not exceed the total area of
the lot on which the building is located.
When this 1:1 ratio is not possible, the
maximum height limitation for the district
shall not be exceeded.
H. Miscellaneous Provisions
1. All service yards shall be fenced so as not
to be visible from the street, and such
fences shall be a minimum 6 feet high from
grade. All fences shall be of sound con-
struction and shall have not more than 10
per cent open area..
2. All fuel storage tanks shall be completely
buried beneath the surface of the ground.
3. Any light used to illuminate parking areas
or for any other purpose shall be so arranged
as to reflect the light away from near~y
residential properties and vision of passing
motorists.
4. ~henever this code shall require that covered
trash-access areas be provided adjacent to an
alley, buildings may extend to the rear property
line provided than an open area with a minimum
horizontal dimension of thirty (30) feet and a
minimum verticle clearance of ten (10)f~et~ and
a depth of ten (10) feet is preserved on the
ground level adjacent to the rea~ lot li~e for
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RECORD OF PROCEEDINGS
100 Leaves
each lot developed. The area shall be access-
ible to the adjacent street or alley.
I. Density Transfer from Residential Districts to
Adjacent Lodge Districts.
Residential densities can be transferred from
residential districts to adjacent lodge dis-
tricts (if the lands within both are under
single ownership and developed simultaneously)
at the ratio of one residential bedroom per
4,000 sq. feet of residential lot area or one
lodge bedroom per 4,000 sq. feet of residential
lot area. If lodge suites are built with liv-
ing rooms included, each living room shall be
considered as additional bedroom.
J. Kitchens in Lodge Units
Whenever within the L-2 zone district there shall
be installed in a unit kitchen facilities within
an existing or newly constructed lodge, such
unit shall be deemed a multi-family unit and the
lodge required to satisfy the minimum lot area
requirments for a multi-family structure as pro-
vided in this code.
~aximum Density in R/MF, O, S/C/I,O-2, NC Districts
Whenever within the R/MF, O, S/C/I, ,D-2, and NC districts
multi-family structures are constructed, there shall
be permitted no more than one bedroom per 1,000
square feet of lot area, nothing h~rein to the con-
trary notwithstanding.
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RECORD OF PROCEEDINGS
100 Leaves
ARTICLE IV OFF-STREET PARKING
24-4.1
24-4.2
Off Street Parking Required
For all uses established or placed into
operation after the effective date of this
Article, there shall be provided in all zone
districts, except CC and C-l, within the
City of Aspen, certain numbers of off-street
parking spaces as hereinafter specified.
For land, structures or uses actually used,
occupied or operated on the effective date
of this Article, the number of existing
off-street parking spaces shall not be re-
duced below the minimum number of existing
spaces required herein. 5f such land area,
structure or uses is enlarged or expanded,
there shall be provided additional off-street
parking area. In the event of enlargement
or expansion, there shall be provided for
the increment only, at least the number of
off-street parking spaces that would be
required hereunder if the increment were a
separate land area, structure or use estab-
lised or placed into operation after the
effective date of this Article.
Characteristice of Off-Street Parking Spaces
Each off-street parking space shall c.)n-
sist of an open area measuring nine (9)
feet wide by eighteen (18) feet long and
seven (7) feet high, and have a public and
unobstructed area for access to a street or
alley. Off-street parking spaces must be
paved with all-~eather surfacing or be
covered with gravel, and be maintained in a
usable condition at all times.
?arking areas provided for single family and
duplex residences need not have unobstructed
access to a street or alley, but may con-
sist of garage area, or parking strip or
apron.
~7o off-street parking area shall be used for
the sale, repair, dismantling or servicing of
any vehicles, equipment, !uaterials or supplies,
nor shall any such activity adjacent to
off-street parking spaces obstruct required
access to off-street parking areas.
Off-street parking spaces shall be graded
for proper drainage and shall be provided
with entrances and exits so located as to
minimize traffic congestion and hazards.
Lighting facilities, if provided, shall be
arranged so that lights neither unreasonably
disturb occupan~ of adjacent residential
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RECORD OF PROCEEDINGS
100 Leaves
properties nor interfer with driver vision.
Responsibility for complying with these
requirements rests with the owner of the
property.
24-4.3 Location of Off-Street Parking
Parking required in any commercial, industrial
or office zones shall in no case be located in any adjacent
residential district. Parking for any dwelling, hospital,
school or other use located in a residential district must
be located on the same building site as the principal use.
Parking for an boarding or rooming house, lodge, hotel or
dormitory must be located on the same or adjacent lot under
the same ownership as the lot occupied by the principal use.
24-4.4 Main Street Off-street Parking
Ail parking required for uses fronting Highway 82
shall, if an alley exists, ~e provided off the alley access and
shall not enter or exit from or onto said Highway 82.
24.4.5
Numbered Spaces Required
Required off-street parking shall be provided
for each use as described below in all zone
districts. All requirements for parking
calculated on square feet of floor area shall
be calculated on gross floor area of the
structure or use.
When any calculation results in a required
fractional space, such fraction shall be
rounded off to the next higher number of
spaces if one-half (1/2) or greater, but shall
be ignored if less than one-half (1/2) space.
Off-street parking spaces shall be provided as
follows:
ZONE
Lodge Uses
CC N/A
C-! N/A
C-L 1/Bedroom
S/C/I N/A
~C N/A
O N/A
L-1 1/Bedroom
L-2 1/Bedroom
~(a].l) N/A
a N/A
C N/A
P N/A
Pub N/A
0-2 N/A
PARKING REQUIRED
Residential Uses
Ail Other Uses
Review
1/Bedroom
N/A
1/Bedroom
1/Bedroom
1/Bedroom
N/A
1/Bedroom
1/Bedroom
Review
Review
N/A
N/A
N/A
N/A
N/A
3/1,000 sq. ft.
4/1,000 sq. ft.
Commercial Uses
3/1,000 sq. ft.
3/1,000 sq. ft.
4/1,000 sq. ft.
4/1,000 sq. ft.
Review
Review
Review
Review
Review
other
i/Bedroom
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4/1000 restaurantBses
3/1000 :sq. ft. other:~
RECORD OF PROCEEDINGS
100 Leaves
24-4.6
Review by Zoning Commission
Whenever the number of spaces required is
subject to review, such review shall be made by the Zoning
Commission which Commission, in making such determination,
shall consider the projected traffic generation of the
proposed development, site characteristics, the pedestrian
access and walking distances to the downtown areas, and the
availability of public transportation.
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RECORD OF PROCEEDINGS
100 Leaves
ARTICLE V SIGN REGULATIONS
24-5.1 Definitions
For the purposes of this zoning code, the following
definition pertaining to signs shall apply:
A. Sign: Any device fixed to, painted on, or
incorporated in the building surface, or
displayed from or with a building or structure,
or free-standing upon the site and which is
visible from the public right-of-way and
designed to convey or direct a message to the
public concerning the identification of the
premises or to advertise or promote the
interests of any private or public firm,
person or organization.
B. Free-standing sign: Any sign structurally
separated from a building being supported on
itself or on a standard or legs.
C. Projecting sign: Any sign supported by a
building wall and projecting therefrom.
D. Wall sign: Any sign painted on, incorporated
in or affixed to the building wall, or any
sign consisting of cut-out letter or devices
affixed to the building wall with no back-
ground defined on the building wall.
24-5.2
General Prohibitions
A. No sign shall be allowed except as permitted
by this zoning code, and all signs shall be
subject to the setback requirements of the zone
district in which they are located, unless
specifically exempted elsewhere in these
regulations.
B. Signs shall identify or advertise only interests
conducted on the lot on which placed, unless
the Board of Adjustment, upon request, makes
a determination that an off-site sign, con-
forming to the district regulations in which
the sign is located, is necessary to protect
the interests of a use not occupying the same
lot.
C. Other provisions of this code notwithstanding,
no sign shall be located so that the safety of
a moving vehicle will be impaired by obscuring
a driver's vision.
D. All signs shall be maintained in good repair.
24-5.3 Limitations on Color, Illumination, and
Lettering Size
The color or format of any sign shall not be such
as to resemble or conflict with traffic signs or signals.
Signs with flashing lights or moving parts are prohibited,
and gas-filled light tubes shall be allowed only when
used for indirect illumination and when placed in such a
manner that light tubes are not exposed to public view.
Illumination of signs shall be designed in such a way
as to reflect light away from residential properties and
motorists' vision. No lettering on any sign, including
cut-out letter signs, shall exceed twelve inches (12")
in height except for the initial letter in each work
which may be eighteen inches (18") in height.
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RECORD OF PROCEEDINGS
100 Leaves
24-5. 4 Banners and Pennants Permitted
Nothing in these regulations shall be construed to
prevent the erection of pennants and banners advertising
a special civic event. Such pennants and banners may
be erected two weeks prior to the opening of the event
advertised and shall be removed promptly upon its termi-
nation. Provided, however, that nothing herein shall
be construed to permit the placement of such pennants
and banners on public property or structures without
the permission of the City Manager.
24-5.5 Structural Characteristics
The following limitations shall apply to free-
standing, projecting and wall signs:
A. Free-standing signs shall be limited to one
per principal use, shall not be higher than
the principal building, shall be a minimum of
8 feet above grade when located adjacent to
a pedestrian way, and larger than 2 square
feet in area.
B. Projecting signs shall not be higher than the
eave line or parapet wall of the principal
building and shall be a minimum of 8 feet above
grade when located adjacent to or projecting
over a pedestrian way. Projecting signs shall
not extend more than four feet from the build-
ing wall except where such sign is an integral
part of an approved canopy or awning.
C. Wall signs shall not be higher than the eave
line or parapet wall of the prinicpal building,
and no sign part, including cut-out letters,
shall project more than 6 inches from the
building wall.
24-5.6 Sign Measurement
A. In calculating the area allowance
Be
Ce
for signs in
all zone district regulations, there shall be
taken into account all signs allowed therein
including window decals and signs identifying
distinctive features and regional or national
indications of approval of facilities.
Sign area shall be the area of the smallest
geometric figure which encompasses the facing
of a sign including copy, insignia, background
and borders, provided that cut-out letter signs
shall be considered wall signs and their aggre-
gate area shall be credited toward allowable
sign area at one-half the measured area.
Where a sign has two or more faces, the area of
all faces shall be included in determining the
area of the sign, except where two such faces
are placed back to back and are at no point
more than 2 feet from one another, the area of
the sign shall be taken as the area of the face
if the two faces are of equal area, or as the
area of the larger face if the two faces are of
unequal area.
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RECORD OF PROCEEDINGS
100 Leaves
24-5.
7 Obsolete and Nonconforming Signs
A. It is unlawful to maintain for more than 30
days any sign which has become obsolete because
of the discontinuance of the business, service
or utility which it advertises, because of the
removal from the location of the activity to
which the sign directs, or for any other reason.
The fact that an obsolete sign is nonconforming
shall not be construed as modifying any of the
requirements of this section.
B. Non.conforming signs which were in existence on
or before July 2, 1956, shall be discontinued on
or before April 3, 1968. Non-conforming signs
which came into existence after July 2, 1956,
shall be discontinued on or before April 3, 1972.
24-5.8 Signs on Public Right-of-Way
it shall be unlawful to erect or maintain any sign
on, over or above any land or right-of-way belonging to
the City of Aspen without the permission of the City
Council, provided, however, that this section shall not
be deemed to apply to signs posted by any duly constituted
public authorities in the performance of their public
duties, or to specific circumstances otherwise provided
for in this Article.
24-5.9 Signs Permitted
No signs shall be erected within any zoning district
unless permitted by the applicable zoning district regu-
lation, provided, however, that the following signs shall
be permitted in all districts within the city with the
following limitations:
A. Residential identification signs, if free-
standing or wall signs, may be erected on the
same lot with any dwelling identifying the
occupant thereof or any home occupation pur-
sued therein, such sign not to exceed two
square feet per dwelling unit. Such a sign
may be illuminated as prescribed above only
when it is identifying a home occupation of
an emergency service nature, a multiple family
dwelling complex, or a mobile home park.
B. Institutional identification signs, if free-
standing or wall signs, may be erected on the
same lot with any school, church, or public
building for administration provided the
aggregate sign area along one street shall not
exceed one square foot of sign area for each
three feet of frontage occupied by the building
within which the principal use is conducted.
In no case shall the aggregate sign area for
one use exceed thirty square feet on any single
frontage. In the case of institutional uses
located in a residential zone district,
illumination of signs shall be subject to the
approval of the Board of Adjustment.
C. Signs designating a recreation club or open-
use recreation site, if free-standing or wall
signs, may be erected on the same lot with
any of the above uses provided the aggregate
sign area does not exceed 20 square feet on
any single frontage. In the case of such uses
located in a residential district, illumination
of signs shall be subject to the approval of
the Board of Adjustment.
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100 Leaves
D. Directional signs, if free-standing non-
illuminated, conforming to a standardized
design 6 inches by 30 inches in dimension,
and directing persons to tourist facilities,
may be erected in any district, and on the
public right-of-way if approved by the Building
Inspector, section 24-5.8 notwithstanding.
E. For sale or rental signs, if free-standing
or wall signs and non-illuminated, are
permitted in any district if not exceeding
six square feet when advertising the sale
of the premises, or not exceeding three
square feet when advertising the rental of
the premises.
24-5.10
Business Advertisin~ or Identification Signs
Within the Commercial Core, C-l, L-l, L-2,
Commercial Lodge, Neighborhood Commerical or
Service/Commercial/Industrial zone districts,
business advertising or identification signs
are permitted which signs shall comply with
the general sign regulations of the Article,
and, in addition:
1. Such signs must identify a business occupying
the premises.
2. The aggregate sign area permitted along any
one street shall not exceed one square foot
of sign area for each three feet of lot line
frontage occupied by or projected from the
building within which the principal use is
conducted. Uses fronting on an alley shall
compute their sign area allowance by con-
sidering the alley as the lot line frontage.
In no case shall the aggregate sign area for
any one use on any one frontage exceed 20
sqaure feet.
3. There may be a combination of two of the
following three types of signs: a free-
standing sign, projecting sign or wall sign,
including cut-out letter sign, subject to
the following limitations:
(a) Free-standing sign: one per use not
to exceed 10 square feet in area.
(b) Projecting sign: shall not extend more
than 4 feet from the building wall
except where such a sign is an integral
part of an approved canopy or awning,
and no projecting sign shall exceed
~ square feet in area, provided that
where such sign has two or more faces,
the maximum sign area shall be calculated
pursuant to the requirements of Section
24-5.6 herein.
(c) Wall sign; shall not exceed 10 square
feet on any one building wall, exclusive
of cut-out letters.
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RECORD OF PROCEEDINGS
100 Leaves
4. ~henever there is placed, on a historic
building, a wall sign identifying the
structure as of historic interest, such
sign shall not exceed 10 square feet in
area and shall otherwise be excluded from
the above sign area limitations.
Within any Office district, there may be placed
a wall sign or free-standing sign constituting
a registry identifying included business offices
provided such sign does not exceed one square
foot in area per office.
24-5.11 Permit Required
It shall be unlawful to erect, construct, reconstruct,
alter, paint, repaint, or change the use of any sign as
defined in this Chapter without first obtaining a sign
permit from the Building Inspector. Provided, however,
that a sign permit shall not be required to repaint
exactly as it was previously any of the aforesaid which
at the time of the proposed repainting conform in all
respects with the provisions of this article. There shall
be imposed a fee of Five ($5.00) Dollars for each sign
permit issued.
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RECORD OF PROCEEDINGS
100 Leaves
ART I CLE VI
SPECIAL DEVELOPMENT PERMITS
24-6.1 Purpose
The following areas within the City of Aspen are
deemed to be of ecological, environmental, architectural,
or scenic significance and all development shall be in
accordance with the general requirements provided in
this code and subject to such additional review as
provided by this Section.
24-6.2 8040 Greenline Review
A. Intention. To provide for review of all
development above the 8040 greenline within the
City of Aspen and all development 50 yards below
the 8040 greenline so as to aid in the transition
of development from urban uses to the adjacent
agricultural and forestry uses; to insure that
all development is compatible with the prevailing
slopes; to provide for the least disturbance to
the terrain and other natural land features of
the area; to guarantee availability of utilities
and adequate access; to reduce the impact of
development on surface runoff, the natural water-
shed, and air pollution; to avoid losses due to
avalanches, unstable slopes, rock fall, and mud
slides; and to enhance the natural mountain
setting.
B. Review Criteria. In reviewing the development
plan, the Zoning Commission shall consider the
following:
1. Whether there exists sufficient water pressure
and other utilities to service the intended
development;
2. The existence of adequate roads to insure
fire protection, snow removal and road
maintenance;
3.The suitability of the site for develop-
ment considering the slope, ground instability,
and possibility of mud flow, rock falls and
avalanche dangers;
4. The affects of the development on the natural
watershed, runoff, drainage, soil erosion,
and consequent effects on water pollution;
5.The possible effects on air quality in the
area and city wide;
6. The design and location of any proposed
structure, roads, driveways, or trails and
their compatibility with the terrain;
7. Whether proposed grading will result in the
least disturbance to the terrain, vege%ation and
natural land features;
$. The placement and clustering of structures
so as to minimize roads, cutting and grading,
and increase the open space and preserve the
mountain as a scenic resource;
9. The reduction of building height and bulk to
maintain the open character of the mountain.
24-6.3 Stream Margin Review
A. Intention. To guide development and encourage
appropriate use of land in proximity to designated
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RECORD OF PROCEEDINGS
100 Leaves
24-6.4
natural water courses, to promote safety from
flooding, to prevent impediment of natural
water flow, and to insure provisions for
adequate protection and preservation of the
designated natural water courses as important
natural features. All lands and air space
within 100 feet, measured horizontally from
the high water line of the Roaring Fork River
and its tributary streams, shall meet the
following requirements prior to the issuance
of a building permit or any grading, filling
or excavation of said lands:
Plan Specifications. A development plan shall
be submitted to the Building Inspector which
supplies the following information:
1. Boundary of the property for which building
is requested;
2. 2'contours;5'intervals for grades over 10%
3. Existing and proposed improvements;
4. Constructure procedure to be used; and
5. ~xisting trees and schrubs.
Review Criterial. in reviewing the development
plan the Zoning Commission shall consider the
following guidelines and standards, and im-
pose the following conditions for permit
approval:
1. No building shall be located so as to be
within a flood hazard area designated by
the U.S. Corps of Engineers Flood Plain
Report for the Roaring Fork River.
2. In the event there is a trail designated by
an approved trail plan within the develop-
ment site, such trail shall be dedicated
for public use.
3. All attempts should be made to implement
the recommendations of the Roaring Fork
Greenway Plan prepared by the Roaring Fork
Greenway Committee.
4. Vegetation shall not be removed nor any
slope grade changes made that may produce
erosion of the stream bank.
5. There shall be permitted no changes to
the stream channel or its capacity, and
no activity shall be allowed which will
increase stream sedimentation and suspension
loads.
6. All efforts must be made to reduce stream
pollution and interference with the natural
changes of the stream, and to enhance the
value of the stream as an important natural
feature.
Mountain View Plane Limitations and Review
Intention. To protect from obstruction mountain
views from designated parks and other public
places to increase the beauty of Aspen and the
enjoyment of its residents and visitors, 'to
strengthen the City's environmental heritage,
enhance its tourist industry and maintain
property values, promote the general prosperity
and welfare of the community.
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RECORD OF PROCEEDINGS
100 Leaves
Fe
NO land shall be used and no building
shall be erected, constructed, altered
or changed so as to invade any area
designated as an area necessary for the
preservation of any mountain view.
Whenever any use or building lies partially
within and partially without an area designat-
ed as an area necessary for the preservation
of any mountain view, the restrictions of
this subsection shall apply.
The commission of any act prohibited by this
section shall constitute a violation of Chapter
24 of this Code and remedies provided therein
may be had by any person aggrieved by any
violation of this section.
When any view plan hereinabove established
projects at such an angle so as to reduce the
maximum allowable building height to below
that otherwise provided for in this Code, all
development of areas so affected shall proceed
according to the Provisions of Section 24-8.1,
et. seq., for maximum flexibility in building
design with special consideration to building
bulk and height, open and pedestrian space,
and similarly to permit variations in lot
area, lot width, yard and building height
requirements, including view plane height
limitations. Provided, however, .the Zoning
Commission may exempt any applicant from the
requirements above enumerated whenever it shall
determine that the viewplane does not so effect
the development site as to require application
of P.U.D. or that the effects of the view-
plane may be otherwise accommodated. Provided
further that if, by virtue of this section
alone, any applicant is required to satisfy
the subdivision regulations of this City, the
Commission may waive the public use dedication
required by Chapter 20 of the Municipal Code
if it shall determine its application inequit-
able under the circumstances.
All elevations used herein are based on the United
$~tes Coast and Geodetic'Survey(USC & GS)benchmar~
located in the southwesterly corner of the
Pitkin County Court House Foundation at an
elevation of 7,906.80 feet above mean sea
level.
The following view planes are established with-
in the City of Aspen:
1. Glory Hole Park View Plane. There is here-
Ay established a view plane originating
from Glory Hole Park above which plane
no land use or building shall project. The
reference point bears N.19°06'00" W. a
distance of 919.85 feet from Corner 1 of
the Aspen Townsite, a 1954 BLM brass cap;
the reference base line bears N.55°04'
05" E. a distance of 73.00 feet from the
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RECORD OF PROCEEDINGS
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reference point. Elevation is 7,947.55
feet above sea level. The view plane
consists of two (2) spatial components
more particularly described as follows:
(a) All that space which is within the
projection of a sector of 9°54'00"
described by two radial lines which bears
S~ 44° 49~ 55" E. and S.34°55'55'' E.
respectively from the reference point,
and which is also above the view
plane which passes through the refer-
ence base line at the inclination of
3° ~30' above horizontal.
(b) All that area within the projection of
the following described perimeter and
which is also above the view plane
which passes through the reference
base line at an inclination of 3°30'
above horizontal. The perimeter is
more fully described as follows:
Beginning at the reference point;
thence N.55°04'05'' E. a distance of
73.00 feet along the reference base
line; thence S.34°55'55" E. a distance
of 418.27 feet to a point on the
northerly radial line of the view
sector; thence N.44°49'55" ?L along
said radial line a distance of 424.59
feet to the reference point.
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RECORD OF PROCEEDINGS
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2. ~3agner Park View Plane. There is hereby
established a view plane originating in
the North Central part of Wagner Park above
which plane no land use or building shall
project. The reference point bears N. 58°
03'11" E. 198.~5 feet from the Northwesterly
corner of Block 83 Original Aspen Townsite;
elevation of the reference point is 7,919.73
feet above mean sea level. The view plane
consists of a sector component more particular-
ly described as follows:
All that space which is within the projection
of a sector of 9°46'18'' described by two radial
lines which bear S.36°05'49" E. and S.45°52'07" E.
respectiv~lv, from the referenc~ point and above
a Diane wnl~n passes t~rou~,,thD re~ren~e Doln~
at-an inclination of 3°39'Iu above tne horizontal.
3. Cooper Avenue View Plane. There is hereby
established a view plane originating on the
Northerly side of Cooper Avenue Easterly of
Galena Street above which plane no land use
or building shall project. The reference
point bears N.75°41'52" E. 147.78 feet from
the Northwesterly property corner of Block 96
Original Aspen Townsite, an aluminium cap
located in the sidewalk. Elevation of the
reference point is 7,920.71 feet above mean
sea level. The view plane consists of spatial
components more particularly described as
follows:
All that space which is within the projection
of a sector of 48°00'00' described by two
radial lines which bear S.11~41'08" E. and
S.36°18'52'' W. respectively from the refer-
ence point, and above a plane which passes
through the reference point at an inclination
of 6~20'05" above the horizontal.
4. Court House View Plane. There are hereby
established two (2) view planes originating
from the sidewalk on the Northerly side of
Main Street Easterly of Galena Street above
which planes no land use or building shall
project.
(a) View plane number one. The reference
point bears S.79~43'29'' E. 69.00 feet
from the Southwesterly property corner
of Block 92 Original Aspen Townsite; a
plastic survey cap. Elevation of the
reference point is 7,912,32 feet above
mean sea level. The view plane consists
of spatial components more particularly
described as follows:
All that space which is within the
projection of a sector of 27°58'40''
described by two (2) radial lines which
bear S.16°59'48" E. and S.10°58'52" W.
respectively from the reference point,
and above a plane which passes through
the reference point at an inclination
of 4°25' above the horizontal.
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(b) View plane number two. The reference
point bears S 74° 14' 26" E 131.46
feet from the Southwesterly property
corner of Block 92, Original Aspen
Townsite. Elevation of the reference
point is 7,913.02feet above mean sea
level. The view plane consists of
spatial components more particularly
described as follows:
All that space which is within the
projection of a sector of 26° 04' 38"
described by two (2) radial lines which
bear S 03° 36' 26" E and S 22° 28' 12" W
respectively from the reference point,
and above a plane which passes through
the reference point at an inclination
of 4° 58' 20" above the horizontal.
Wheeler Opera House View Plane. There is
hereby established a view plane originating
from the Wheeler Opera House westerly of
Mill Street above which plane no land use
or building shall project. The Easterly end
point of the base line for the view plane
bears S 37° 32' 12" E 8.06 feet from the
Southeasterly property corner of Block 81,
Original Aspen Townsite. The reference base
line bears N 74° 30' 11" W a distance of
140.45 feet from the Easterly end point of
the base line for the view plane at an
elevation of 7,916.18 feet above mean sea
level. The view plane consists of spatial
components more particularly described as
follows:
All that space which is within the projection
of radial lines from the Easterly and Westerly
terminus of the base line which bear S 30°
41' 11" E and S 66° 08' 59" W respectively
and which is above a plane which passes
through the reference point at an inclination
of 2° 50' 38" above horizontal.
Main Street View Plane. There is hereby
established a view plane originating from
Main Street above which plane no land use
or building shall project. The reference
point bears N 78° 22' 29" W 92.35 feet from
the Southeasterly property corner of Block 79
Original Aspen Townsite. The reference base
line bears N 75° 09' 11" W 51.40 feet from
the reference point. Elevation of the
reference point and reference base line is
7,906.90 feet above mean sea level. The view
plane is more particularly described as
follows:
All that space which is within the projection
of two radial lines which bear S 29° 10' 06" E
from the reference point, and S 80° 29' 29" W
from the Westerly terminus of the reference
base line, and which is also above a plane
which passes through the reference base line
at an angle of inclination of 6° 29' 20"
above horizontal.
24-6.5 Procedure
Whenever there is proposed development in any special
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RECORD OF PROCEEDINGS
100 Leaves
preservation district as hereinabove designated, the
Building Inspector shall refer all plans for such
activity to the Zoning Commission for its review and
recommendations. The Zoning Commission shall review
such plans and submit its recommendations in writing
to the Building Inspector within thirty (30) days of
the date the Commission hold its hearings on said
plans. The Building Inspector shall consider the
recommendations of the Zoning Commission and shall
approve or disapprove the development within ten (10)
days of the receipt of the recommendation and in
conformity with said recommendation. Approval shall
require the development of the property to be in
compliance with the approved plan. Building permits
shall not be issued, nor any grading or excavation be
permitted, in the case of disapproval, and reasons for
such disapproval shall be given in writing to the
applicant by the Building Inspector.
24-6.6 Conditions for Approval
The Zoning Commission may attach to its approval
of a special development permit conditions which may
concern any matter subject to regulation under this
Code, including means for:
A. Minimizing any adverse impact of the develop-
ment upon other land, including the use and
operation and the~ type and intensity of
activities which may be conducted;
B. Controlling the sequence of development,
including when it must be commenced and
completed;
C. Controlling the duration of use of develop-
ment and the time within which any structures
must be removed;
D. Assuring that development is maintained properly
in the future;
E. Designating the exact location and nature of
development;
F. Establishing more detailed records by submission
of drawings, maps, plats or specifications.
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ARTICLE VII SPECIALLY PLANNED AREAS
24-7.1 Specially Planned Areas
Whenever this Code or the Zoning District Map
designates areas in which development will be permitted
only in accordance with a plan of development for the
entire area designated, such areas shall be referred
to as specially planned areas. It is the intent of
these provisions that all development shall be pursuant
to a fully approved site plan establishing or varying allowable
densities, uses and required parking, and other zoning
matters therein addressed, and that the definitional,
regulatory and other general provisions of this Chapter
24 shall, when not in conflict with the approved plan,
continue with equal force and effect within such areas.
24-7.2 Procedures
If a specially planned area has been designated,
no development in the area shall be permitted until the
Planning Commission adopts a precise plan for the
area.
A. The provisions of a precise plan may
include matters relating to:
1. Permitted and conditional uses,
allowable densities, required parking,
lot yards and set back requirements,
maximum heights, minimum open space,
and any other planning and zoning
matters which contribute to the
development and use of the area as
a whole.
2. The location and characteristics of
streets, other rights-of-ways, and
utilities.
3. The dimensions and grading of parcels
and the dimensions and siting of
structures.
B. Nothing herein shall exempt any applicant
from satisfying the requirements of
Chapter 20, "Subdivision Regulations",
of the Municipal Code, if a subdivision of
land is proposed.
C. Any landowner seeking development permission
in a specially planned area for which no
precise plan has been adopted shall, prior
to filing an application for a building
permit, file with the Planning Commission
a written request for the adoption of a
precise plan for the area, which request
must contain a proposal for the entire
area designated a specially planned area.
D. The plan shall be considered and approved
pursuant to the application, notice and
hearing requirements of Article XI herein,
as if an application by a Private Landowner
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for an Amendment to the Zoning District
Map, provided there shall be no limitation
on when an application may be submitted.
Any proposed amendment to the plan
shall be reviewed and approved in a like
manner.
After a precise plan has been adopted, it
shall constitute the development regula-
tions applicable to the specially planned
area, and any owner of land in a specially
planned area for which a precise plan has
been adopted may obtain a building permit for
development consistent with the precise
plan upon compliance with the provisions
of this Code not inconsistent therewith.
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ARTICLE VIII
PLANNED UNIT DEVELOPMENT
24-8.1 Intent
The intent of this Article is to permit flexibility
and provide performance criteria for planned unit develop-
ments which will have the following results:
A. A maximum choice in the type of environment and
living area available to the public;
B.Open space and recreation areas;
C. A pattern of development which preserves trees,
outstanding natural topography and geologic
features and prevents soil erosion;
D. A creative approach to the use of land and
related physical development;
E. An efficient use of land resulting in smaller
networks of utilities and streets and thereby
lower construction costs;
F. An environment of stable character in harmony
with surrounding development;
G. A more desirable environment than would be
possible through strict application of other
sections of the zoning code.
24-8.2 General Requirements
A. The planned unit development (PUD) is designed
to provide for small and large scale develop-
ments incorporating a variety of uses which are
planned and developed as a unit. Such develop-
ment may consist of individual lots and/or it
may have common recreation and open space
surrounding clustered buildings. Common land
must be an essential and major element of the
plan which is related to and effects the long
term value of the development.
B. A building permit for any structure or permit
to develop in any manner in a planned unit
development shall be issued only after the
final development plan for such development
has been approved by the Planning Commission
and the City Council and the applicant(s) has
complied with the subdivision regulations of
the City of Aspen.
24-8.3 Application Requirements
The following conditions must exist for a PUD
proposal to qualify for approval under this Article.
A. The tract or parcel of land proposed for PUD
development must be in one ownership or the
subject of an application filed jointly by
the owners of all the property included;
B. The planned unit development must constitute
an area of at least 27,000 square feet unless
the land is an area designated mandatory
planned unit development on the Zoning District
Map or is otherwise required by the zoning
code to be developed according to the provisions
of this Article;
C. The development must include open space for
the mutual benefit of the entire tract;
D. The project must be designed to provide variety
and diversity, so that the maximum long-range
benefit may be gained and the unique features
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of the development or site are preserved and
enhanced;
The project must be in harmony with its
surrounding neighborhood.
24-8.4 Transfer of Density
A planned unit development must be developed
consistently with the density limitations of the zone
district in which it lies. However, the allowable
density of the PUD may be applied to the total area of
development rather than separately to individual lots,
provided all lots in the planned unit development are
adjacent and owners of all tracts affected are joint
applicants for PUD approval.
24-8.5 Mandatory PUD
Whenever the Zoning District Map designates a
mandatory planned unit development district by in-
cluding the letters PUD as a suffix to the classifi-
cation of any district, all development shall proceed
according to this Article as a planned unit development
unless the Planning and Zoning Commission shall deter-
mine that the development meets the objectives of
planned unit development, and provided, further, that
compliance with this Article is not necessary, a
PUD designation notwithstanding, for construction of
a single family residence on a separate lot. In
addition to any other elements of review provided for
by this Article, in areas designated mandatory PUD,
the Planning Commission may allow construction of more
than two (2) dwelling units per structure (if not
otherwise permitted by the zoning code). In deter-
mining the allowable number of units, the Commission
shall consider the following:
A. Whether there exists sufficient water pressure
and other utilities to service the intended
development;
B. The existence of adequate roads to insure fire
protection, snow removal and road maintenance;
C. The suitability of the site for development
considering the slope, ground instability, and
the possibility of mud flow, rock falls and
avalanche dangers;
D. The effects of the development on the natural
watershed, runoff, drainage, soil erosion and
consequent effects on water pollution;
E. The possible effects on air quality in the area
and city wide;
F. The design and location of any proposed structure,
roads, driveways, or trails and their compatibility
with the terrain;
G.Whether proposed grading will result in the
least disturbance to the terrain and other natural
land features;
H. The placement and clustering of structures and
reduction of building height and scale to in-
crease open space and preserve the natural
features of the terrain.
24-8.6 General Procedures for Review
Each applicant for PUD approval shall be subject to
the following phased procedures:
A. Submission of an outline development plan as
herein required shall initiate the process;
B. Upon approval by the Planning Commission and
City Council of the outline development plan,
the applicant(s) shall receive tentative PUD
designation of the subject property. No
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building permit or permit to develop in any
manner shall be issued at this point;
Submission of a final development plan shall
follow approval of the outline development plan;
Upon approval by the Planning Commission of the
final development plan, the applicant(s) and
City Council shall enter into an agreement(which ..
agreement may be the same as the SUDalVlSlOn agreement;
binding the real proper~y to those condidions listed by
final developement plan and which provides for PUD desig.
nation on the zoning district map.
In'addition to approval of the final development
plan and binding of real property, the appli-
cant must comply with the subdivision regulations
of the City of Aspen prior to receiving building
permits or a permit to develop the subject pro-
perty in any manner whatsoever. Provided, how-
ever, that nothing herein shall preclude the
simultaneous processing of PUD and subdivision
applications when the circumstances allow.
24-8.7 Standards for Approval
The applicant(s) shall present plans, written
statements, and related information in sufficient
detail to enable the Planning Commission and City
Council to evaluate the proposed development in
accordance with the provisions of this Article. At
the culmination of each phase as set forth herein,
the applicant must receive the necessary approvals
prior to formally proceeding into subsequent phases or
into actual development. Lack of sufficient and
continuous progress as defined herein may lead to nulli-
fication of all approvals by the Planning Commission or
City Council.
24-8.8 Variations Allowed
A planned ~nit development may include variations
in lot area, lot width, yard and building height require-
ments and applicable off-street parking provisions, pro-
vided that the uses and densities in planned unit
development shall not exceed or be other than that
provided for in the zoning district in which it exists.
24-8.9
Outline Development Plan
A. Application. An applicant shall make application
for approval of a planned unit development by
first submitting an outline development plan for
the development to the Planning Commission. The
outline development plan shall include both
maps and a written statement and shall show
enough of the area surrounding the proposed
planned unit development to indicate the rela-
tionship of the PUD to adjacent uses, both
existing and proposed.
B. Required Information for Outline Development Plan.
1. Each applicant shall provide sketch maps
(7 copies) of the subject property accurately
drawn at no less than a 1" = 400' scale. The
submitted maps shall show 2' contours, all
existing natural and man-made features,
existing zoning and a vicinity map showing
all adjacent property within ½ mile of the
applicant(s) land. The requirements with
regard to scale, contour interval and vicinity
map area are given as general standards and
the developer shall communicate with the
Planning Office to ascertain applicability
with regard to the particular submission.
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If the sketch plat does not accurately
represent the information shown on
subsequently required survey maps, the
Planning Commission shall reserve the
right to retract or alter its decision
with reference to all elements of approval
premised on such discrepancies.
2. Each applicant shall provide a schematic
plan (7 copies) identifying use types,
locations, densities and acreage consumed
by all proposed land uses.
3. A written statement (7 copies) is required
outlining present ownership of all land
involved within a PUD, a schedule of beginning
and completion dates, and a statement of
intent concerning the provision of water,
sewer and highway improvements noting their
feasibility and when and by what means each
is intended to be provided.
Planning Commission and City Council Action on
Outline Development Plan.
1. The Planning Commission shall prepare a
written report to the City Council recommending
that the plan be approved, disapproved or
approved subject to modifications. In its
report the Planning Commission shall give
the reasons for its recommendations and shall
indicate the extent to which the outline
development plan complies with each of the
standards governing its approval.
2. The Planning Commission shall forward a
summary of the proposed plan, with copies
of its report to the City Council. After
providing notice in a newspaper of general
circulation in the City of Aspen, in not
less than one issue to be published at
least fifteen (15) days in advance of a
regular or special meeting, the City Council,
in public hearing, shall review the outline
development plan and either disapprove,
approve as presented or approve subject to
modifications.
3. If the outline development plan is approved,
the City Council shall authorize a notation
on the Zoning District Map indicating that
an outline development plan has been approved
and that a tentative PUD designation is
appropriate. If the outline development plan
is approved subject to modifications, the
notation shall not be authorized until the
applicant(s) has filed with the City Council
a written consent to the plan as modified.
4. No building permit or permits to develop the
land in any manner may be issued on land within
the proposed planned unit development until
the final development plan has been approved
by the Planning Commission under the procedures
provided in the following paragraphs of this
Article, and until the applicant(s) has
complied with the subdivision regulations of
the City of Aspen.
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24-8.10 Final Development Plan
A. Application. The applicant(s) shall submit a
final development plan to the Planning Commission
within six (6) months following the approval
of the outline development plan by the City Council.
B. Required Information for Final Development Plan.
The final development plan shall include 7 copies of
the following information:
1. A survey map showing the circulation system,
off-street parking areas, loading areas and
major points of access;
2. A comprehensive plan shown on a survey map
for all utility services, including storm
drainage;
3. Areas, if any, shown on a survey map, which
are proposed to be conveyed, dedicated or
reserved for common open space, parks, park-
ways, playgrounds, school sites, public uses;
4. A site plan (survey map) showing the density,
location of all permitted uses (building,
structures and improvements), and indicating
the parking, loading and open areas around
buildings and structures. The site plan
shall be in sufficient detail to enable the
Planning Commission to evaluate the archi-
tectural, landscaping and design features
of the planned unit development. At its
discretion, the Planning Commission may require
preliminary evaluation and perspective
drawings of proposed structures and improve-
ments;
5. A development schedule indicating the approxi-
mate date when construction of the total
project or stages of the project will be
begun and completed;
6. Agreements, provisions or covenants which
govern the use, maintenance and continued
protection of the planned unit development
and any of its common open spaces;
7. Any other information which the Planning
Commission determines to be needed because
of any topographic, circulation, traffic,
design, siting or other special problems
of the proposed PUD;
3. Survey map as required in this section is
defined as a map of the proposed PUD area
which has been accurately surveyed by a
registered surveyor and such survey is
marked on the ground.
C. Planning Commission Action on Final Development Plan.
After providing notice in a newspaper of general
circulation in the City of Aspen, in not less than
one issue to be published at least fifteen (15)
days in advance of a regular meeting, the Planning
Commission, in public hearing, shall approve the
final development plan if it is in substantial
compliance with the outline development plan, and
if it conforms to all other standards applicable to
planned unit developments, whether or not con-
sidered when the outline development plan was
approved.
24-8.11 Designation and Recordation
After approval of the final development plan by the
Planning Commission, the Zoning District Map shall be
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amended to show the PUD designation. Subsequent to
Council approval there shall be filed in the Clerk and
Recorder's Office of Pitkin County, Colorado, the
following notice:
"On the day of , 19__, the City
Council of the city of Aspen, Colorado, approved
the following described tract as a Planned Unit
Development. The development of the property
shall be in accordance with the Planned Unit
Development Plan on file in the Office of the City
Building Inspector. The above referred to pro-
perty is located in the City of Aspen, Pitkin
County, and is more fully described as follows
Secretary to the City Council
of the City of Aspen, colorado
STATE OF COLORADO)
)ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged
before me this day of , 19
by Witness my hand and official
seal.
Notary Public
My commission expires:
Final approval of the development plan shall bind
the development of the real property to the
uses, density, configuration, and all conditions
set forth in the final development plan approved
for said property."
24-5.12
Procedure for Amending Planned Unit
Development Plan
A. Amendments of the PUD plan shall be considered
only when one or more of the following conditions
exist:
!. A clear and obvious hardship would result
unless an amendment is granted;
2.There is an error or mistake in the PUD plan;
3. There has been a change in conditions in the
surrounding area which would necessitate a
change in plan;
4. ~ew information is available that would
materially improve the final development plan.
B. Application for amendments of the planned unit
development plan shall be filed with the Planning
Commission and a public hearing held in accordance
with Section 24-5.10.
C. After the consideration of all testimony and
evidence presented at the public hearing, the
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24-8.13
Be
Planning Commission may amend the planned unit
development plan.
Special Considerations for Residential PUD
The intention of residential planned unit
development is to permit flexibility and pro-
vide performance criteria in all residential
zones that produces a variety of housing types
in an environment which places special
emphasis on reserving common space, preserving
the ecological balance of the area, providing
for efficient utilization of the land effecting
harmony with surrounding development, and
reducing wildfire, avala~heand mudslide
dangers.
~ithin residential PUD the cluster concept
shall be given special consideration so as
to promote development that will reserve
large areas of common open space and reduced
construction costs by utilizing smaller net-
works of utilities and roadways.
In order to control development potential so
as to (1) reduce wildfire, mudslide, and
avalanche hazard, (2) enhance soil stability,
and (3) guaranty adequate fire protection
access, the overall density of a planned
unit development shall be reduced in areas
with slopes in excess of ten (10%) percent.
The slope of the land shall be measured be-
tween property lines and in the direction of
maximum slope, and density calculated accord-
ing to the following formula:
(a) 1-10% slope: density shall be that
allowed in the existent zone district;
(b) 11%-40%: density shall be that for
the applicable zone district based on a
recalculated lot size that results from
deducting 1,000 square feet of the tract
for each percentage over 10%;
(c) Slopes in excess of 40%: shall be con-
sidered for development only upon receipt
of the approval of the Planning Commission.
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ARTICLE IX
HISTORIC DESIGNATION
24-9.1 Purpose
It is the intent of this Article to establish
procedures to provide for the preservation and continued
existence of historic structures, combinations of
structures, sites and areas within the City and for the
construction, reconstruction and remodeling of structures
and combinations of structures within legally designated
H, Historic Overlay Districts, to promote the educational,
cultural, economic and general welfare of the public
by preserving those qualities that relate to the history
of the City of Aspen, the State of Colorado, and the
Nation.
24-9.2 Creation of the Historic Preservation
Committee
There shall be established an Historic Preservation
Committee with seven (7) members appointed by the City
Council, with such powers and duties as are hereinafter
prescribed which include in part:
A. TO make recommendations to the Planning
Commission and the City Council on the
designation of H, Historic Overlay Districts,
and to provide support material necessary to
justify such designation;
B. To review and render decisions on individual
building permit applications within H, Historic
Overlay Districts.
24-9.3 Standards for Designation of H, Historic
Overlay Districts
Structures, combinations of structures, sites or
areas to be included within an H, Historic Overlay
District, shall be evaluated and considered based on
the following guidelines and standards:
A. Historical Importance
The structure, combination of structures, site
of area :
1. Has character, interest or value as part of
the development, heritage, cultural
characteristics of the City of Aspen, the
State of Colorado or the Nation;
2. .Is the site of an historic event with an
effect upon society;
3. Is identified with a person or group of
persons who had some influence on society;
4. Exemplifies the cultural, political,
economic, social or historical heritage
of the community;
5. By its preservation, promotes the health,
safety or welfare of the present and future
inhabitants of the community.
B. Architectural Importance
The structure or combination of structures;
1. Portrays the environment of a group of people
in an era of history characterized by a
distinctive architectural style;
2. Embodies the distinguishing characteristics
of a significant or unique architectural
type specimen;
3. Is the work of an architect or master builder
whose individual work has influenced the
character of Aspen;
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4. Contains elements of design, detail,
materials or craftsmanship which represent
a significant architectural style.
Geographic Influence
The structure, combination of structures, site
of area:
1. Because of being part of or related to a
square, park or other distinctive area
should be developed or preserved according
to a plan based on an historic cultural or
architectural motif;
2. Due to its unique location or singular
physical characteristics, represents an
established and familiar visual feature
of the city.
24-9.4 Procedure for Designation of H, Historic
Overlay Districts
~henever, in the opinion of the Historic Preservation
Committee, a structure, combination of structures, site
or area meets the standards for designation of an H,
Historic Overlay District, as set forth in Section 24-9.3
the Historic Preservation Committee shall contact the
owner or owners of such structure, combination of
structures, site or area, outlining the reasons for and
effects of designation as an H, Historic Overlay District,
and, if possible, shall secure the owner's written con-
sent to such designation. Following this contact, the
Committee may proceed by officially adopting a resolution
A. Stating that a preliminary investigation and
review indicates that the described structure,
combination of structures, site or area is
eligible and has been selected for designation
as an H, Historic Overlay District;
B. Stating either that the Historic Preservation
Committee is in receipt of the owner's written
consent to such designation or why the Historic
Preservation Committee feels that it should
proceed without such consent.
The Committee shall present its findings to the Planning
and Zoning Commission at a regular meeting of said
Commission for preliminary approval before proceeding
with the designation procedures.
24-9.5 Preliminary Approval
The Planning and Zoning Commission in considering
preliminary approval shall evaluate the designation
proposal for application of H, Historic Overlay District,
to structures, combinations of structures, sites or
areas with respect to:
A. !ts relationship to the Aspen Area General Plan;
B. The effect of designation upon the surrounding
neighborhood;
C. Such other planning considerations as may be
relevant to the proposed designation.
Designation proposals receiving preliminary approval
shall be scheduled for a joint public hearing with the
Historic Preservation Committee and the Planning and
Zoning Commission at a time, date and place certain.
The procedures herein described for designation shall
be exclusive and the general amendment procedures of
this Code shall not be applied unless specifically
provided therein. Designation proposals not receiving
preliminary approval shall be terminated.
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24-9.6 Joint Hearing
Before submitting a report and recommendation on
amendments to designate, amend or rescind H, Historic
Overlay Districts, the Planning and Zoning Commission
shall, together with the Historic Preservation Committee,
hold a joint public hearing on said amendments. Following
said public hearing, the Planning and Zoning Commission
shall forward its report and recommendations to the City
Council along with the report and comments of the Historic
Preservation Committee. The following conditions shall
be required with regard to said joint public hearing:
A. For proposed amendments to the Zoning District
Map designating, amending or rescinding H,
Historic Overlay District, a notice of the
required joint public hearing shall be published
once in a newspaper of general circulation in
the City at least fifteen (15) days prior to
the hearing, and a written notice of said joint
hearing shall be sent by first class mail at
least fifteen (15) days prior to the joint
public hearing date to the owner or owners of
the property included within said amendment.
B. A quorum of the Historic Preservation Committee
shall be present at the joint public hearing.
If a quorum of the Committee is not present,
the hearing shall be cancelled and the amendment
procedure rescheduled.
24-9.7 City Council Designation Hearing
The City Council shall set a public hearing, which hearing
may be used to satisfy the public hearing requirements
for ordinance adoption, after receipt of the Historic
Preservation Committee comments and the Planning and Zoning
Commission recommendation on the proposal to designate a
structure, combination of structures, site or area as
an H, Historic Overlay District. The City Council shall,
before such hearing, publish notice of the time and place
of meeting in a newspaper of general circulation in the
city, fifteen (15) days prior thereto. H, Historic Over-
lay Districts, so designated by the City Council will be
classified for zoning purposes by the existing zone district
designation plus the suffix "H".
24-9.8 Recordation of H, Historic Overlay District
Designation
Within thirty (30) days of the effective date of an
amendment designating structures, combination of structures,
sites or areas as H, Historic Overlay District, the
Historic Preservation Committee shall notify the City
Building Inspector of the official designation and the
secretary of the Committee shall record among the real
estate records of the Clerk and Recorder of Pitkin County,
Colorado, either of the following:
A. A certified copy of the ordinance designating
specified property within an H, Historic Over-
lay District, as a structure, combination of
structures, site or area for preservation,
which ordinance shall contain a sufficient legal
description of the structure(s), site or area
designated; or
B. A notice stating that specified property has
been placed within an H, Historic Overlay
District, and designated as a structure, combina-
tion of structures, site or area for preservation,
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and citing the ordinance and effective date
thereof which made the designation effective.
The notice also may contain a brief summary
of the effects of such designation. Failure
to record such ordinance or notice within the
required time shall suspend the effective
date of the designation until the recording
is made. If made within such thirty (30) day
period, it shall be deemed effective retro-
actively to the effective date of the ordinance.
In addition, the Zoning District Map shall be
amended, according to the procedures for
notation under the general amendment provi-
sions of this Code, as a structure, combina-
tion of structures, site or area for preser-
vation by the addition of the suffix "H".
The designation as an H, Historic Overlay
District, shall have the effect of super-
imposing the requirements of this Article in
addition to the zone requirements of the zone
district applicable to the structure(s),
site or area affected.
24-9.9 Procedure to Amend or Rescind Designation
of H, Historic Overlay Districts
The designation of a structure, combination of
structures, site or area as an H, Historic Overlay
District, may be amended or rescinded in the same
manner as the original designation was made.
24-9.10 Procedure to Authorize Erection, Removal,
ao
Be
Construction, Reconstruction, Remodeling
or Demolition of Structures, Combination
of Structures, Sites or Areas Designated
as H, I!istoric Overlay District, for
Preservation
Building permits shall not be issued for any of
the following acts unless a determination has
been made by the Building Inspector that no
change to the exterior appearance of the structure
or combination of structures will result or until
the appropriate action has been taken by the
Historic Preservation Committee based on the pre-
application review and application review pro-
visions of this Section.
1. Remodeling, reconstruction of, or addition to,
the exterior architectural feature of any
improvement which constitutes all or part of
a structure or combination of structures,
within an H, Historic Overlay District;
2. Demolition or moving of any improvement which
constitutes all or part of a structure or
combination of structures within an H, Historic
Overlay District;
3. Construction or erection of any improvement or
addition to any improvement upon any site or
area included within an H, Historic Overlay
District.
Prior to the preparation of working drawings and
specifications or calling for proposals or bids
from contractors, the prospective property
developers, owners or agents shall prepare pre-
liminary scale drawings and outline specifica-
tions for review and informal discussion. Said
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preliminary scale drawings and outline specifi-
cations, together with such other information
as may be required to enable an intelligent
understanding of the proposed work and a
written request for the pre-application review,
shall be submitted to the Building Inspector.
All documents submitted to the Building Inspector
for these required reviews shall be in triplicate
prepared in a form suitable for filing in a
standard size office filing cabinet. No exhibits
need be submitted with a request to move or
demolish a structure or combination of structures.
Should the Building Inspector determine that
preliminary scale drawings and outline specifi-
cations demonstrate that no change to the
exterior appearance of structures or combina-
tions of structures will result, the Building
Inspector may exempt the applicant from a pre-
application review with the Historic Preservation
Committee and shall continue to process the
building permit in accordance with appropriate
regulations. In cases where exterior changes
will result, the Building Inspector shall notify
the Committee promptly of each pre-application
received and shall set a meeting date for said
pre-application review. In cases of very minor
repair projects the Historic Preservation Committee,
if preliminary drawings and other data are
sufficiently clear and explicit, may grant
approval at the pre-application stage and shall
also advise the Building Inspector in writing.
The Building Inspector shall continue to
process the building permit in accordance with
appropriate regulations.
In cases where approval is not given at the pre-
application stage the following procedures shall
apply. In processing each application for a
building permit, under the provisions of this
Section, the Historic Preservation Committee
shall hold at least one (1) public hearing,
notice of the time and place of which shall be
given at least fifteen (15) days in advance by
publication in a newspaper having general
circulation in the City of Aspen. If the
exhibits submitted for the pre-application
review are deemed inadequate for holding a
public hearing and for forming a clear idea of
the proposed work, the Committee shall postpone
action until adequate exhibits have been submitted.
After such public hearing, the Committee shall:
1. Approve, or approve with conditions, the
building permit as it pertains to the
provisions of this Section, and shall so
advise the Building Inspector in writing,
and said Building Inspector shall then
continue in accordance with the provisions
of this Code.
2. Disapprove the building permit applied for
as it pertains to this Section and so advise
the Building Inspector in writing stating
the reasons for such disapproval, and the
Building Inspector shall deny the building
permit. The applicant shall be notified of
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the Committee's decision within ten (10)
days of the public hearing at which the
application was considered. Recommendations
of approval, disapproval or conditional
approval shall be noted in the minutes of
the proceedings. No permit for work within
an H, Historic Overlay District, may be
issued without the approval or conditional
approval of the Committee except in cases
exempted by the Building Inspector or
granted by the Committee in the pre-applica-
tion state or except after appeal as provided
elsewhere in this Section.
24-9.11 Criteria for Approval and Conditional
Approval; Exceptions
A. The Committee sha~judge any proposed remodel-
ing for the preservation of historical, archi-
tectural and characteristic qualities and any
new structure for complimentary design with
adjacent designated structures, combinations of
structures, sites or areas. In case of an
application to raze, demolish or move a
structure, judgment shall be made on the basis
of its historical and architectural importance,
its importance as a part of the geographic area
within which it is located, and the actual
physical condition of the structure. The
Committee may promulgate guidelines and
standards to rely upon in making any such
decisions.
B. The Committee may grant condtional approval
at the pre-application review or application
review stages on the provision that changes
related to exterior architectural features
recommended by said Committee be made in
proposed owrk. In such case, the Building
Inspector shall determine that the condtions
of approval have been met and shall continue
to process the building permit in accordance
with appropriate regulations.
24-9.12 Appeal Procedure
Any action of the Committee in disapproving or condi-
tionally approving a permit application may be taken
to the City Council within sixty (60) days of the decision
and any action of the Committee so appealed from shall
not become effective unless and until approved by the
Council. On appeal the City Council may
A. Grant exceptions or waivers from the provisions
of this article when required to prevent a
substantial hardship to the effected land-
owner or injury to the public; or
B. Explore all means for preserving the historic
structure or site including, but not limited
to, the feasibility of a modification of the
plans or alternate private use of the
structure or site which would substantially
preserve the original character thereof, or the
possibility of tax relief or public acquisition
of the structure or site involved.
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24-9.13 Remedying Dangerous Conditions
In any case where the Building Inspector, Health
Officer, Fire Department or any other duly authorized
officer or agency of the City of Aspen shall order or
direct the construction, reconstruction, remodeling,
repair or demolition of any improvement or any other
necessary action to a structure, combination of structures,
site or area designated as an H, Historic Overlay District,
for the purpose of remedying conditions by said agencies
to be immediately dangerous to life, health or property,
nothing contained in this section shall be construed as
making it a violation of this section for any person to
comply with such order or directive without receipt of
a statement from the Committee. Any such department,
agency or officer shall give the Committee as early
notice as practicable of the proposed or actual issuance
of any such order or directive.
24-9.14 Violation and Remedies
Whenever, by the provisions of this Article, the
performance of any act is required or the commission
of any act is prohibited, a failure to comply shall
constitute a violation of Chapter 24 of the Municipal
Code of the City of Aspen and all penalties and remedies
therein contained shall be applicable.
24-9.15 Role of the Board of Adjustment
The Board of Adjustment shall not act on any
variance or exception pertaining to property within an
H, Historic Overlay District, without first consulting
and obtaining the written report of the Historic
Preservation Committee. No appeal shall lie to the
Board of Adjustment from any of the decisions of the
Historic Preservation Committee.
24-9.16 Definitions
A. Remodeling. Any act or process which changes
one or more of the exterior architectural
features of a structure, combination of
structures, site or area designated as an H,
Historic Overlay District.
B. H, Historic Overlay District. Any structure
or improvement and its surrounding environs,
a group or combination of structures or
improvements and their surrounding environs,
sites or areas and their surrounding environs
designated for preservation as an H, Historic
Overlay District, under the provisions of
this Article.
C. Exterior architectural feature. The archi-
tectural style, design, general arrangement and
components of all the outer surfaces of a
structure or improvement, including but not
limited to the texture and materials, and to
the type and style of all windows, lights,
signs and other fixtures appurtenant to said
structure or improvement.
D. Improvement. Any building, structure, place,
work of art or other object constituting a
physical betterment of real property or any
part of such betterment.
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ARTICLE X RESERVED
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ARTICLE XI AMENDMENTS TO ZONING CODE AND DISTRICT MAP
24-11.1 Authority
The City Council ~ay, from time to time, amend, supple-
ment or repeal the regulations and provisions of this Chapter.
24-11.2 Initiation of Procedures
Amendments to the text of Chapter 24 of the Municipal
Code may be initiated by the city Council or the City
Planning and Zoning Commission. Amendments to the Zoning
District Map may be initiated by the City Council, the
City Planning and Zoning Commission, or by a real pro-
perty owner in the area to be included in the proposed
amendments. Amendments to establish H, liistoric Overlay
Districts, shall proceed according to the requirements of
Article IX, and shall be initiated by the Historic Preserv-
ation Committee.
24-11.3 Application by city Council or Planning
and Zoning Commission
A. Amendments to Chapter 24 or the Zoning District
Map proposed by the Planning and Zoning Commission
of the City Council may be initiated at any
time.
~ ~henever there is initiated under this section
a change to the Zoning District Map, there shall
be filed with the Planning and Zoning Commission,
before the public hearing described in Para-
graph C, an accurate survey map or other sufficient
legal description of the area included in the
proposed change, the names and addresses of
owners of real property in the area proposed for
change, and any additional information the Planning
and Zoning Commission requires.
C. The Planning and Zoning Commission shall hold a
~- public hearing on the proposed amendment provided
that notice of such hearing shall be given as
follows:
1. Notice shall be published once in a newspaper
of general circulation in the City at least
fifteen (15) days prior to the hearing date.
2. A written notice of said hearing shall be
sent by first class mail at least fifteen
(15) days prior to the hearing date to
property owners within the area of proposed
change and within three hundred (300) feet
thereof.
D. Following such public hearing, a report and
recommendation on the proposed amendment by the
Planning and Zoning Commission shall be forward-
ed to the City Council.
24-11.,~ Rezoning of Entire City
Whenever the Zoning District Map is in any way to be
changed or amended incidental to or as part of a general
revision of the zoning ordinance, ~.~hether such revision
be made by repeal of the existing zoning ordinance and
enactment of a new zoning ordinance, or otherwise, the
requirement of an accurate survey map or other sufficient
legal description of, and the notice to and listing of
names and addresses of owners of real property in the area
of the proposed change,shall be waived. However, the proposed
zoning map shall be available for public inspection in the
city Planning office during all business hours for fifteen
(15) days prior to the public hearing on such amendments.
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24-11.5 Application by Private Landowners.
A. Rezoning applications by private applicaz~ts
shall be heard by the planning and Zoning
commission only during meetings scheduled
by the Commission for this purpose in the
month of October of each year. Public notice
by one publication in a newspaper of general
circulation within the city that rezoning
applications are being accepted shall be made
not later than July 15th of each year.
B. Applications to rezone shall be submitted
prior to August 15th of each year. Such
application shall include an accurate survey
map of the area included in the proposed
change, and, in addition, must include:
1. The names and addresses of all owners
of real property in the area of the
proposed change;
2. The names and addresses of all owners
of real property within three hundred
(300') feet of the area of the proposed
change;
3. The signature of the applicant, who shall
be an owner of real property in the area
of the proposed change;
4. A petition in favor of the amendment,
signed by real property owners repre-
senting eighty (80%) per cent of the
land area included in the application,
if property other than that owned by
the applicant is affected;
5. A fee of One Hundred ($100.00) Dollars
and an estimated publication cost to
cover the processing of the application~
C. The Planning and Zoning Commission may require
the applicant to submit an acceptable analysis
of the impact of the proposed rezoning upon
the air and water quality of the community ~d
prepare, also at the applicant's expense, an
economic impact or market feasibility report.
D. The Planning and Zoning Commission shall hold
a public hearing on the proposed amendment
provided that notice of such hearing shall be
given as follows:
1. Notice shall be published once in a news-
paper of general circulation in the city
at least fifteen (15) days prior to the
hearing date.
2. A written notice of said hearing shall be
sent by first class mail at least fifteen
(15) days prior to the hearing date to
property owners within the area of pro-
posed change and within three hundred (300)
feet thereof.
E. Following such public hearing, a report and
recommendation on the proposed amendment by
the Planning and Zoning Commission shall be
forwarded to the City Council.
24-11.6 City Council Public Hearing
Before any change to the text of Chapter 24 or
the Zoning District Map, the City Council shall hold
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a public hearing after at least fifteen (15) days notice
of the hearing shall have been published in a newspaper
of general circulation in the city. Such hearing may
be identical to and satisfy the public hearing require-
ments for ordinance adoption.
24-11. 7 Temporary Suspension of Building Permits
A. Whenever the city Council, Planning and Zoning
Commission or the Historic Preservation Committee
has properly initiated proceedings to amend the
text of Chapter 24 or the Zoning District Map
pursuant to the provisions of this Article, and
the Planning and Zoning Commission has, subsequent
to public hearing, adopted a resolution recommend-
ing to the City Council approval of such amend-
ment, no building permits shall be issued by the
City Building Inspector which would be prohibited
by the proposed amendment for a period of one (1)
year following the date of such Commission reso-
lution. Provided, however, if the City Council
should, by resolution, refuse to further consider
such amendment, or if an ordinance adopting the
proposed amendment, or an amendment substantially
similar to the proposed amendment, has not been
passed on second reading by the City Council
within the one (1) year time period, all building
permits applied for during such period which
otherwise conform to the existing zoning regula-
tions shall issue.
B. In the event the Planning and Zoning Commission
shall have adopted a resolution recommending
approval of a change to the Zoning District
Map, including designations of H, Historic Over-
lay Districts, within thirty (30) days of each
resolution, notation to the Zoning District Map
shall be made to show the pending amendment, and
failure to make such notation shall suspend the
effect of the resolution until such is made.
Provided, however, if the required notation is
made within the thirty (30) day period, it
shall have effect retroactively to the date of
the resolution.
24-11.8 Findings of City Council
Whenever the City Council shall have set a
public hearing to review an application by a private land-
owner for a rezoning of his land, the applicant, and all
parties interested therein, shall be given an opportunity to
be heard, to present and rebut evidence, and to procure an
adequate record and the city Council, at the close of the
hearing or upon continuance of the matter to a time certain,
shall make findings adequate to apprise the applicant of the
reasons for approval or denial and the specific grounds
relied on for such action.
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ARTICLE XII
I,~ONCONFORMING USES AND STRUCTURES
24-12.1 Intent
within the districts established by this zoning
code, or amendments thereto that may be adopted, there
exist lots, structures, and uses of land and structures,
which were lawfully established before this code was
passed or amended, but which would be prohibited, regu-
lated or restricted under the terms of this code or
future amendment. It is the intent of this Article to
permit these non-conformities to continue until they
are removed, but not to encourage their survival. It
is the further intent of this ordinance that nonconform-
ities shall not be enlarged upon, expanded or extended,
nor be used as grounds for adding other structures or
uses prohibited elsewhere in the same district.
24-12.2 Nonconforming Uses of Land (Or Land
with Minor Structures Only)
Where at the time of the passage of tl~is zoning
code, or amendment thereof, lawful use of land exists
which would not be permitted by the regulations imposed
by this code, the use may be continued so long as it
remains otherwise lawful, provided:
A. No such non-conforming use shall be enlarged
or increased, not extended to occupy greater
area of land than was occupied at the effective
date of adoption or amendment of this code;
B. No such non-conforming use shall be moved in
whole or in part to any portion of the lot or
parcel other than that occupied by such use
at the effective date of adoption or amendment
of this code;
C. If any such non-conforming use of land ceases
for any reason for a period of more than one
(1) year, any subsequent use of such land shall
conform to the regulations specified by this
code for the district in which such land is
located;
D. No additional structure not conforming to the
requirements of this ordinance shall be erected
in connection with such non-conforming use of
land.
A non-conforming use shall not be changed to a use of a
lower or less restrictive classification, but such non-
conforming use may be changed to another use of the same
or higher classification.
24-12.3 Nonconforming Structures
Where a lawful structure exists at the effective
date of adoption or amendment of this zoning code that
could not be built under the terms of this code by
reason of restrictions on area, lot coverage, height,
yards, its location on the lot, or other requirements
concerning the structure, such structure may be con-
~inued so long as it remains otherwise lawful, subject
to the following provisions:
A. No such non-conforming structure may be enlarged
or altered in a way which increases its non-
conformity, but any structure or portion thereof
may be altered to decrease its non-conformity;
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B. Should such non-conforming structures or non-
conforming portion of a structure be destroyed
by any means and shall not have been repaired
or replaced within two (2) years from the
date of loss, it shall not be reconstructed
except in conformity with the provisions of
this Code;
C. Should such structure be moved for any reason
for any distance whatever, it shall thereafter
conform to the regulations for the district in
which it is located after moved.
24-12.4 Nonconforming Uses of Structure or of
Structures and Premises in Combinatiun
If lawful use involving individual structures, or
of structure and premises in combination, exists at the
effective date of adoption or amendment of this zoning
code that would not be allowed in the district under the
terms of this code, the lawful use may be continued so
long as it remains otherwise lawful, subject to the
following provisions:
A. No existing structure devoted to a use not
permitted by this code in the district in
which it is located shall be enlarged ex-
tended, constructed, reconstructed, moved or
structurally altered except in changing the
use of the structure to a use permitted in
the district in which it is located;
B. Any non-conforming use may be extended through-
out any parts of a building which were mani-
festly arranged or designed for such use at
the time of adoption or amendment of this
code, but no such use shall be extended to
occupy any land outside such building;
C. If no structural alterations are made, any
non-conforming use of a structure, or structure
and premises, may be changed to another use of
the same or higher classification, but such use
shall not be changed to a use of a lower or
less restrictive classification;
D. Any structure, or structure and land in combina-
tion, in or on which a non-conforming use is
superceded by a permitted use, shall thereafter
conform to the regulations for the district,
and the non-conforming use may not thereafter
be resumed;
E. When a non-conforming use of a structure, or
structure and premises in combination, is
discontinued or abandoned for a period of more
than one (1) year, the structure, or structure
and premises in combination, shall not there-
after be used except in conformity with the
regulations of the district in which it is
located;
F. Where non-conforming use status applies to a
structure and premises in combination, removal
or destruction ofthe structure shall eliminate
the non-conforming status of the land. Destruction
for the purpose of this subsection is defined as
loss of or substantial damage the structure which
shall not have been repaired or replaced within
two (2) years from date of loss.
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24-12.5 Repairs and Maintenance
A. On any non-conforming structure or portion of
a structure containing a non-conforming use,
work may be done in any period of 12 consecu-
tive months on ordinary repairs, or on repair
or replacement of non-bearing walls, fixtures,
wiring, or plumbing to an extent not exceeding
10 per cent of the current replacement cost of
the non-conforming structure as the case may
be, provided that the cubic content existing
when it became non-conforming shall not be
increased.
B. If a non-conforming structure or portion of a
structure containing a non-conforming use
becomes physically unsafe or unlawful due to
lack of repairs and maintenance, and is de-
clared by any duly authorized official to be
unsafe or unlawful by reason of physical con-
dition, it shall not thereafter be restored,
repaired, or rebuilt except in conformity with
the regulations of the district in which it is
located.
24-12.6 Nonconforming Lots of Record
A. ~here, at the effective date of the adoption of this or
any code or amendment hereto, a lot of record
was in separate ownership and cannot meet the
minimum requirements for area or width, a single-
family dwelling and customary accessory buildings
may be erected on any single lot of record pro-
vided:
1. Such lot is in separate ownership and not
of continuous frontage with other lots in
the same ownership;
2. This provision shall apply even though
such lot fails to meet the requirements
for area or width, or both, that are
generally applicable in the district,
provided that yard dimensions and require-
ments other than those applying to area or
width, or both, of the lot shall conform to
the regulations for the district in which
the lot is located. Variances of yard
requirements shall be obtained only through
action of the Board of Adjustment.
B. In residential district where two-family or
multiple family dwellings are permitted, the
requirement for square footage of lot area
required per dwelling unit shall be strictly
interpreted with no credit given for fractional
portions of the required minimum as a basis for
constructing additional dwelling units, except
in the R-6 residential district where a two-
family dwelling may be erected on such a lot
containing a minimum of 8000 s~uare feet.
C. In any district, no hotel or lodge shall
be constructed on a lot non-conforming as to
minimum lot area for the district.
D. If two or more lots or combinations of lots and
portions of lots with continuous frontage in
single ownership (including husband and wife as
in all cases a single owner) are of record at
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the effective date of adoption or amendment
of this zoning code, regardless of diverse
times of acquisition, and if all or part of
the lots do not meet the requirements
established for lot width and area, the lands
involved shall be considered to be an undivided
parcel for the purposes of this code, and no
portion of said parcel shall be used or
occupied which does not meet the width and
area requirements established by this code.
24-12.7 Lot Reduction; Prohibition Against Establishing New
Non-conforming Uses
No lot or parcel o~ land, nor any interest therein,
shall be transferred, conveyed, sold, subdivided or acquired
either in whole or in part, so as to create a new non-conform-
ing use, to avoid, circumvent or subvert any provision of
this ordinance, or so as to leave remaining any lot or width
or area below the requirements for a legal building site as
described in this code; nor shall any lot or portion of a lot
required for a legal building site under the provisions of this
code be used as a portion of a lot required as a site for
another structure. No building permit shall be issued for
any lot or parcel of land which has been transferred, conveyed,
sold, subdivided or acquired in violation of this paragraph.
Any transferee who acquires a lot or parcel of land in violation
of this paragraph without knowledge of such violation, and
any subsequent transferee, shall have the right to rescind
and/or receive damages from any transferor who violates the
provisions of this paragraph.
24-12.8 Priority of Use Classifications
Whenever in this Article reference is made to
a higher (or more restrictive) classification and lower (or
less restrictive) classification of uses in provi~n~ that a
non-conforming use may be converted to a higher but not lower
classification,uses shall be considered higher or lower
according to the following sequence (highest to lowest):
agricultural, residential, public, office, accommodations,
commercial, light industrial and heavy industrial.
24-12.9 Non-Abatement Provision
Nothing herein shall be construed to constitute
an abatement ordinance and it is the intention of this Article
that non-conforming structures and uses be permitted to con-
tinue to exist unless abandoned or destroyed, but not extended,
enlarged or expanded, all as more specifically provided herein.
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ARTICLE XIII
REPEALER; INTERPRETATION, REVOCATION
AND INVALIDITY OF PERMITS; VIOLATIONS
AND REMEDIES; LIABILITY OF CITY; ,~ND
SEVERABILITY
24-13.1 Repealer
The zoning code adopted by the city of Aspen, colorado,
as incorporated in the Aspen Municipal Code, Chapter 24
thereof, and all amendments thereto, is hereby repealed.
Provided that the repeal of said code does not affect or
impair any act done, offense committed, right accrued, or
liability, penalty or forefeiture or punishment incurred
under said ~ode, nor shall this repealer affect or prevent
any pending or future prosecution of, or action to abate,
any existing violation of said Chapter 24, as amended, if
the violation is also a violation of this ordinance.
24-13.2 Interpretation; Conflict with Other Laws
A. In their interpretation and application, the
provisions of this zoning code shall be held
to be minimum requirements adopted for the pro-
ntotion of the public health, safety and welfare.
B. Whenever the requirements of the zoning code are
at variance with the requirements of any other
lawfully adopted rules, regulations, ordinances
or other legislative actions by the Aspen City
Council, the more restrictive, or that imposing
the higher standard shall govern.
C. Whenever restrictions imposed by this zoning
code are either more or less restrictive than
regulations adopted by any state or federal
agency, the rules or regulations which are more
restrictive or which impose higher standards or
requirements shall govern. ~ithout regard to any
provision of this zoning code, no land shall be
used and no structure shall be erected, constructed,
reconstructed, altered or maintained in violation
of any state or federal pollution control or
environmental protection law or regulation.
24-13.3 Revocation and Invalidation of Permits
A. Any b~iilding permit authorized by this zoning
code issued in reliance upon any material false
statement in the application therefore, or in
supporting documents or oral statements, is
adsolutely void ab initio and shall be revoked.
B. No permit issued pursuant to this building code
shall remain in force and effect if the use or
structure authorized therein shall become non-
conforming. Provided, however, if, subsequent
to and in reliance upon the issuance of the
permit, an applicant has so substantially changed
his position or incurred extensive obligations
and expenses that it would be highly inequitable
and unjust to destroy the rights acquired by
issuance of the permit, then such permit shall
not be invalidated and the approved development
shall be allowed to proceed to completion if
not otherwise unlawful.
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24-13.4 Permit Requirement.
It shall be unlawful to elect, construct
reconstruct, alter, move or change the use
of any building or other structure or improve-
ment within the City of Aspen without obtaining
a building permit from the City Building
Inspector, and such permit shall not issue until
the plans of and for the proposed erecting,
construction, reconstruction, alteration, moving,
or use fully conform to the zoning regulations
then in effect, and unless plans to be kept as
a permanent public record are submitted to the
Building Inspector.
24-13.
A.
5 violations And Remedies
The erection, construction, reconstruction,
alteration, moving, conversion or maintenance
of any building or structure and the use of
any land, structure or building which is con-
tinued, operated or maintained, contrary to
any provisions of this zoning code, is hereby
declared to be a violation of this code and
unlawful.
Any person or corporation, whether as principal,
agent or employee, who violates any provision
of this zoning code shall be, for each offense,
punished by a fine of not exceeding Three
Hundred ($300.00) Dollars or imprisonment for
a period of not more than ninety (90) days,
or both such fine and imprisonment- Each day
any violation of this zoning code shall continue
will constitute a separate offense.
The City Attorney shall, immediately upon such
violation being called to his or her attention,
institute injunctive, abatement, or other
appropriate action to prevent, enjoin, abate
or remove such violation. Such right of action
shall also accrue to any property owner who
may be especially damaged by any violation of
this zoning code.
The imposition of any penalty hereunder shall
not preclude the City of Aspen or affected
property owner from instituting any appropriate
action or proceeding to require complaince with
the provisions of this zoning code.
Any remedies provided for herein shall be
cumulative and not exclusive and shall be in
addition to any other remedies provided by law.
Be
Ce
24-13.6 Liability of City
This zoning code shall not be construed to hold
the City of Aspen or its authorized agents responsible for
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any damage to property or injury to persons by reason
of inspection authorized herein, or failure to inspect,
or by reason of issuance of a building permit as herein
provided.
24-13.7 Severability
If any provision of this zoning code or the
application thereof to any person or circumstance is held
invalid by judgment or decree of any court of competent
jurisdiction, such invalidity shall not affect other
provisions or applications of the code which can be given
effect without such invalid provision or application, and
to this end the provisions or applications of this code
are declared to be severable."
Section 2
That Section 19-104, subsection (c) of the Municipal
Code of the City of Aspen, colorado, is hereby amended to read
as follows:
"(c) No curb cut shall be located closer than twenty-five
(25) feet to an intersection; NOR, WHERE THERE EXISTS
PUBLIC ALLEY ACCESS, SHALL ANY CURB CUTS BE MADE ON HIGH-
'3AY 82 WITHIN THE CITY LIMITS OF ASPEN WITHOUT THE PRIOR
WRITTEN APPROVAL OF THE ASPEN pI~ANNING AND ZONING cOMMISSION."
Section 3
That Section 19-101 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended to read as follows:
"Sec. 19-101 Construction of sidewalks, curbs, etc., or
reservation of funds for cost prior to issuance of
certificate of occupancy
The Building Inspector of the city shall refuse to
issue a certificate of occupancy for any new construction
within any CC, c-l, %~C and CL or any other zone district
where the City Engineer has directed the location of
sidewalks and gutter, until the construction of sidewalks
and six (6") inch vertical curb and gutter adjacent
thereto. Provided that in the event that weather con-
ditions prevent such construction of sidewalks immediately
after completion of construction of the principal improve-
ments, the City Engineer may determine the cost of con-
struction of such sidewalks, and upon placement of such
sum in escrow, the Building Inspector may then issue
a certificate of occupancy."
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Section 4 The repeal or the repeal and reenactment verbatin or in
amended form, of certain sections of Chapter 24 of the Municipal
Code of the City of Aspen, ns above provided shall not constitute
a bar to the prosectuion and punishment of an act or acts already
committed in violation of the section so repealed or repealed and
reenacted or the prosecution of a violation of any other section in
which such section or sections is or are used or otherwise involved.
All sections repealed, or repealed and reenacted, by this ordinance
shall remain in full force and effect for the purpose of sustaining
any and all actions, suits, proceedings, prosecutions instituted,
and the penalties imposed therefore which arose prior to the
effective date of the within ordinance.
Section 5 Ail sections, or parts of sections of the Municipal code
for the City of Aspen, as amended, or ordinances,or parts of ordin-
ances in conflict or inconsistent herewith, except those of ordin-
ance 50, Series of 1974, and ordinances 13 and 25, Series of 1975,
are hereby repealed, provided, however, that the repeal of any
section or parts of sections of the Municipal Code of the City of
Aspen, or any Ordinance or part thereof, shall not revive any other
section of said code, ordinance or ordinances, heretofore repealed
or superseded.
Section 6 If any provisions of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid pro-
visions or applications and to this end the provisions or applic-
ations of this ordinance are declared to be severable.
ection 7 A public hearing.on this ordinance shall be held on
~J~+-a ~ , the~ day of ~z~. ~ , 1975, at
~.-p~/p.~., ~r~he City c~--~cil Chambers% City Hall, Aspen, colorado.
At least seven (7) days prior to such hearing there shall have been
published notice of the same in a newspaper of general circulation
within the city.
INTRODUCED, READ ~ND ORDERED published as provided by law
by the City Cou_~qil of the~ity of Aspen, colorado, at its regular
meeting held/~.~.~/~, 1975.
ATTEST:
Kathryn ~au%e~, city Clerk
FINALLY ADOPTED, PASSED AND APPROVED this .~_~day of
, 1975.
ATTEST:
Kathryn }~,~.ter, City Clerk
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STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
CERTIFICATE
I, Kathryn S. Hauter, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on ~
reading at a regular meeting of the City Council of the
City of Aspen on ~~_zz~_~ ~z4J, 197 ~---, and publish-
ed in the Aspen Times a weekly newspaper of genera]_ circul-
ation, published in the City of Aspen, Colorado, in its
issue of ~-~i~_~~ /.~ ., 197~---, and was finally adopted
at a regular meeting of the City Council on-
, 197~, and ordered published as
// , Series of 197~--, of said City, as
and approved
Ordinance No.
provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand amd
the seal of said City of Aspen, Colorado, this~'zT~
day of ~ , 197~~--.
Kakthryn S/~Haut~r, City Clerk