HomeMy WebLinkAboutordinance.council.003-67ORDINANCE NO.
(Series of 1967)
AN ORDINANCE ~ENDING TITLE
THE CITY OF ASPEN, COLORADO,
AN EMERGENCY TO EXIST.
XI, CHAPTER 1,OF THE ORDINANCES OF
PERTAINING TO ZONING, AND DECLARING
BE IT ORDAINED by the City Council of the City of Aspen,
Colorado:
Section 1: Chapter 1, Title XI, of the Official Code of
the City of Aspen, Colorado, is hereby re-enacted in its entirety
to read as follows:
CHAPTER I
ZONING
SECTION
11-1-1
11-1-2
11-1-5
11-1-4
11-1-5
11-1-6
11-1-7
11-1-$
11-1-9
11-1-10
11-1-11
11-1-12
11-1-15
11-1-14
11-1-15
11-1-16
SUBJECT
Intent ~ Purpose
Definitions
Districts
Application of Regulations
R-40, Ro30, R-IS, R-PC, R-6, RMF
Residential Districts
AR-is AR-2 Accommodations Recreation
C-l, C-2 Commercial
p, Park
Non-Conforming Uses
Building Review
Board of Adjustment; Variance
Amendments
Enforcement
Interpretation; Conflict with
other Laws
Violations and Remedies
11-1-1
INTENT B PURPOSE
(a) In accordance with the General Plan of the City of Aspen, Colo-
rado, and as authorized by Article 60, Colorado Revised Statutes
1963, as amended, this chapter is intended to encourage the most
appropriate use of land throughout the City and to insure the
following benefits to its citizens:
1. To promote health, safety, and general welfare of the
community:
2. To lessen congestion in the streets; to secure safety
from fire, panic, and other dangers; to provide adequate light and
air; to prevent the overcrowding of land; to avoid undue concentra-
tion of population; to facilitate adequate provision of transpor-
tation, water, sewerage, schools, parks, and other public require-
ments:
$. To conserve the value of buildings and encourage the most
appropriate use of land throughout the municipality.
11-1-2
DEFINITIONS
For the purpose of this Chapter, certain words or phrases are
defined as follows:
When not inconsistent with the context, words used in the present
tense include the future: words in the singular number include the
plural number: words in the plural number include the singular
number, and the masculine includes the feminine. The word "shall"
is mandatory, the word "may" is permissive.
(a) Accessory Building: A detached subordinate building,
the use of which is customarily incidental to that of the main
building or to the main use of the land and which is located on
the same lot or parcel with the main b~ilding or use. Accessory
buildings shall not be provided with k~tchen facilities sufficient
to render them suitable for permanent residential occupancy.
(b) Accessory Use: A use naturally and ~ormally incidental
to subordinate to, and devoted e×clu~ively to the main use of the
pr~mises.
(c) Accommodation Unit: One or more rooms with or without
kitchen facilities in a hotel, motel or lodge, designed for occu-
pancy by guests independent Of other guests.
(d) Alley: A public way permanently reserved as a secondary
means of access to abutting property.
(e) Building: Any permanent structure built for the shelter
or enclosure of persons, animals, chattels or property of any kind
and not including advertising sign boards or fences.
(f) Dwelling Unit: One or more rooms and a single kitchen
designed for occupancy by one family living independently and con-
taining at least 600 square feet of floor area measured along
outside walls.
(g) 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 including hotels, motels, tourist courts,
resort cabzns, clubs, or hospitals; and not including temporary
structures such as tents, railroad cars, trailers, street cars,
metal prefabricated sections, or similar units.
(h) Dwelling, One-Family: A detached building containing
only one dwelling unit.
(i) Dwelling, Two-Family: A detached building
only two dwelling units.
(j) Dwelling, Multiple-Family: A dwelling containing three
or more dwelling units with accessory use facilities limited to
an office, laundry and recreation facilities used by the occupants,
and off-street parking.
(k) Family: Any individual, 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 five (5)
unrelated persons, excluding servants, occupying the same dwelling
unit.
(1) Farm and Garden Buildings and Uses: Those buildings 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.
(m) Home Occupation: Any business conducted principally
within a dwelling unit, an enclosed garage or accessory building
and carried on by the inhabitants, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the character thereof.
(n) Junk Yards: A yard open to air, used for the sale,
storage or display of odd pieces of metal, paper, glass, or other
materials, which may or may not be partly or wholly assembled into
useful objects, motor vehicles, or machinery.
(o) Lot: A parcel of real property as shown with a sepa-
rate and distinct number or letter on a plat recorded in the Pitkin
County Court House, 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} Lot Line, Front:
from a street.
(2) Lot Line, Rear:
line.
The property line dividing a lot
The line opposite the front lot
(p) Lot Area: The total horizontal area withinathe lot
lines of a lot.
(q) Lot Depth: The shortest horizontal distance between the
front and the rear lot lines measured in the mean direction of the
side lot lines.
(r) Lot Nidth: The distance between the side lot lines
measured congruent with the front yard setback line.
(s) Mobile Home Park: Any lot or portion thereof upon which
sanitary facilities and individual utility connections are available
for two or more mobile homes.
(t) Motel, Hotel, or Lodge: A building designed for occu-
pancy as the more or less temporary place of abode of individuals
who are lodged with or without meals and with such building having
six or more guest rooms.
(u) Non-Conforming Buildings: A building or structure or
portion thereof conflicting with the provisions of this ordinance
applicable to the zone in which it is situated.
(v) Non-Conforming Use: The use of a structure or premises
or any portion thereof conflicting with the provisions of this
ordinance.
(w) Occupied: The word "occupied" include~ axranged,
designed, built, altered, converted, rented or leased, or intended
to be occupied.
(x) Open-use Recreation Site: Land devoted to public use
for recreation including such facilities as playgrounds and play-
fields, golf, tennis and similar court installation, riding ring,
tracks and stables and similar facilities.
{y) Person: The word "person" shall also include asso-
ciation, firm, co-partnership, or corporation.
[z) Public Arcade: A covered passage or area at ground
level on private property provided for the free passage of the
general public with a minimum horizontal dimension of ten feet
(10') or more.
(aa) Public Way: Any parcel of land unobstructed from the
ground to the sky, more than ten feet (10') in width, appropriated
to the free passage of the general public.
(bb) 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.
(cc) 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; designed to convey or direct a
message to the public concerning the identification of the pre-
mises or to advertise or promote the interests of any private or
public firm, person or organization.
Sign Area: The area of the smallest plane geometric
figure which encompasses the facing of a sign, including copy,
insignia, background and borders.
Sign Free-Standing:
from the building~ being supported
legs.
Any sign structurally separate
on itself or on a standard or
Sign - Projecting: Any sign supported by a building
wall and projecting therefrom.
Sign - Wall: Any sign painted on, incorporated in,
or affixed to the building wall, or any sign consisting of cut-
out letters or devices affixed to the building wall with no back-
ground defined on the building wall.
(dd) Shop Craft Industry: Any establishment producing one-
of-a-kind objects, the display or sales of which contribute to
and enhance the cultural climate peculiar to the area.
(ee) Street: A public way other than an alley, which affords
the principal means of access to abutting property.
(fl) Structure: Anything constructed or erected, which
requires location on the ground or attached to 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.
(gg) Use: The purpose for which land or a building is des-
ignated, arranged, or intended, or for ~hich it either is or may
be occupied or maintained.
(hh) Yard: An open space other than a court, not in an
alley or street, unoccupied and unobstructed from the ground up-
ward, except as otherwise provided in this Chapter.
(ii) Yard - Front: A yard extending the full width of the
lot or parcel, the depth of which is measured in the least hori-
zontal distance between the front l~t line and the nearest wall
of the principal building; such distance being referred to as the
front yard setback.
(jj) Yard - Rear: A yard extending the full width of the
lot or parcel, the depth of which is measured in the least hori-
zontal distance between the rear lot line and the nearest wall
of the principal building; such depth being referred to as the rear
yard setback.
(kk) Yard - Side: A yard extending from the front yard to
the rear yard, the width of'which is measured in the least hori-
zontal distance between the side lot line and the nearest wall of
the principal building.
(11) Yard - Service: Any yard area utilized for storage of
materials accessory to or used in conjunction with the principal
use of the lot or building or used for garbage or trash containers
or for the location of mechanical equipment accessory to the prin-
cipal building or use.
11-1-5 DISTRICTS
(a) Establishment of Districts:
In order to carry out the provisions of this Chapter, the
City of Aspen, Colorado, is hereby divided into the following
zoned districts:
R-40 Residential
R-50 Residential
R-15 Residential
R-Pc Residential Planned Community Combining Area Districts
R-6 Residential
R-MF Residential - Multiple Family
AR-1 Accommodations, Recreation - Urban
AR-2 Accommodations, Recreation - Suburban
C-1 Commercial
C-2 Commercial
P Park
(b) Zoning Map:
The boundaries of these districts are established as shown on
a map entitled "Zoning District Map" of the City of Aspen, Colorado,
dated March 6, 1967 and including all official amendments thereto
which map is hereby made a part of this Code.
11-1-4
APPLICATION OF REGULATIONS
(a) Existing Buildings:
The regulations contained herein
application on existing buildings.
are not
retroactive in their
(b) General Application:
Except as otherwise provided, no buildings, or other structures,
or land shall be used, and no building or other structure shall be
erected, reconstructed, moved into or within the City limits, or
structurally altered except in conformance with the regulations
herein specified for the district in which such building is located.
11-1-5
RESIDENTIAL
(a) R-40 RESIDENTIAL
Intention - to allow utilization of land for residential
purposes with customary accessory uses. Recreational and institu-
tional uses customarily found in proximity with residential uses
are included - subject to approval.
Uses Permitted
~V One-family dwelling, two-family dwelling, accessory
building and use, home occupation;
Z. Farm and garden building and use - provided that all such
buildings and storage areas are located at least 100 feet from pre-
existing dwellings on other lots;
5. Fence, hedge or wall - subject to requirements under
Supplementary Regulations:
4. Indentification sign, directional sign, for-sale sign -
subject to requirements under Supplementary regulations.
- 4
Uses - Conditional
5. Recreation club, open-use recreation site, riding academy
- subject to the approval of the Board of Adjustment;
6. School, church, hospital, Public building for administra-
tion - subject to appr°val of the Board of Adjustment.
Minimum Lot Area
I. Unsubdivided land ........... 80,000
2. Subdivided ................... 40,000
square feet
square feet
Minimum Lot Width
1. Unsubdivided land ........... 200 feet
2. Subdivided land ............. 150 feet
Minimum Front Yard
I. All buildings except dwellings and
..... 200
..... 100
2. Dwellings .................... 25
3. Buildings accessory to dwellings
30
accessory buildings
feet from the right-of-
way lines of State High-
ways
feet from the right-of-
way lines of designated
Arterial Roadways
feet in all other
locations
feet
feet
Minimum Side Yard
1. All buildings except dwellings and
20
2. Dwellings and accessory bUildings
..... 10
accessory buildings
feet
feet
Minimum Rear Yard
I. Ail buildings except dwellings and
..... 30
. 2. Dwellings .................... 15
3. Buildings accessory to dwellings
Maximum Height of Buildings ...... 25
Maximum Off-Street Parking .......
mentary Regulations.
accessory buildings
feet
feet
feet
feet
as required under Supple-
(b) R-S0 RESIDENTIAL
Intention - as provided under the R-40 Residential district
regulation.
Uses - Permitted - as provided under the R-40 Residential
district regulation.
Uses - Conditional - as provided under the R-40 Residential
district regulation.
Minimum Lot Area
I. Unsubdivided land ............
2. Subdivided land .............
40,000 square feet
30,000 square feet
Minimum Lot Width
1. Unsubdivided land ............
2. Subdivided land .............
150 feet
100 feet
Minimum Front Yard
I. Ail buildings except dwellings and
...... 200
...... 100
2. Dwellings .................... 25
3. Buildings accessory to dwelling 30
accessory buildings
feet from the right-of-
way lines of State High-
ways
f~-t from the right-of-
way lines of designated
Arterial Roadways
feet in all other
locations
feet
feet.
Minimum Side Yard
I. All buildings except dwellings and accessory buildings
20 feet
2. Dwellings and ac~essory'~ings
' 10 feet
Minimum Rear Yard ~
All Buildings except dwellings and accessory buildings
...... 30 feet
2. Dwellings ..... . ......
3. Buildings accessory to'dWellings15'-''''
feet
...... S feet
Maximum Height of Buildings ......
Minimum Off-street Parking .......
menta~ Regulations.
Z$ feet
as required under Supple-
(c) R-IS RESIDENTIAL
Intention - as provided under R-40 Residential district
regulation.
Uses - Permitted
regulation.
as provided under R-40 Residential district
Uses - Conditional - as provided under R-40 Residential dis-
trict regulation.
Minimum Lot Area
I. Unsubdivide~[ land ...... , ....
2. Subdivided land ...
Minimum Lot ~idth
X. Unsubdivided-1 and ......... ,.
2. Subdivided land ........... ,.
40,000 square feet
1S,000 square feet
150 feet
75 feet
Minimum Front Yard
I. All buildings except dwellings and accessory buildings
...... 200 feet form the right-of-
2. Dwellings ....................
3. Accessory buildings ..........
way lines of State
Highways
100 feet from the right-of-
way lines of designated
Arterial Roadways
25 feet in all other
locations
25 feet
30 feet
Minimum Side Yard
Ii' Ail buildings except dwellings and accessory buildings
10 feet
Dwellings and accessory'g&/i ings
...... $ feet
Minimum Rear Yard
I. Ail buildings except dwellings and accessory buildings
...... 20 feet
2. Dwellings
10
feet
...... $ feet
Maximum Height of Buildings ......
Minimum Off-street Parkin~ .......
mentary Regulations
Z5 feet
as required under Supple-
-6-
(d) R-PC RESIDENTIAL PLANNED COMMUNITY COMBINING AREA DISTRICTS
Intention to allow a planned community approach to residen-
tial development by combining the area requirements listed herein
with the uses permitted in the R-40, R-30, and R-15 Residential
Districts, thus encouraging residential developments which are in
harmony with the preserving of the natural landscape features of
the area. A cluster plan option is included to encourage retention
of open space for common usage. For density calculations, a single
family~dwelling or a two-family dwelling shall be construed as a
single dwelling unit, and in no instance shall the potential density
possible through credit for two-family units be used as a basis for
creation of additional single family detached dwellings beyond the
number of building sites possible on a given net developable acreage
at a specified density.
Maximum Residential Density
1. R-PC-40 .................
2. R-PC-30 .................
3. R-PC-15 .................
1.10 dwelling
1.45 dwelling
2.90 dwelling
units per net acre
units per net acre
units per net acre
Minimum Lot Area - Regular Plan and Cluster Plan
1. R-PC-40 ................. 20,000 square feet
2. R-PC-30 .......... , .... ,. 15,000 square feet
3. R-PC-1S ................. 7,500 square feet
Average Lot Area - Regular Plan
1. R-PC-40 ................. 40,000 square feet
2. R-PC-30 ................. 30,000 square feet
3. R-PC-15 ................. 15,000 square feet
Average Lot Area - Cluster Plan
I. R-PC-40 ................. Z6,666 square feet
2. R-PC-30 ................. 20,000 square feet
3. R-PC-iS ................. 10,000 square feet
Maximum Lot Area for_Denpitx_Cal.culations - Re. gu~
Cluster Plafi- '-
~ ................ 80,000 square feet
2. R-PC-30 ................. 60,000 square feet
3. R-PC-15 ................. 30,000 square feet
and
Cluster Plan - where the Cluster Plan option is exercised, the
avera~-e of~T1--I~ts may be reduced by a maximum of one-third as
noted above, thus permitting the net residential land area to in-
claude only two-thirds of the net developable land in the development.
~'he remaining one-third of the net developable land shall be pooled
in a common open space which shall be legally defined as an undi-
vided interest possessed by all of the lots in the development;
the use and management of such open-space land to be defined by a
set of protective covenants filed with the subdivision plat.
are;a Topographic Relationship - within the permitted range of lot
in any Planned Community development, the area of each lot
shall bear an approximate relationship to the topography of the
land included within its boundary as follows:
1. 0 to 10% slope between any two lot lines - Minimum lot
area for the district.
2. 11% slope and higher between any two lot lines - 1,000
square feet of lot area for each percentage point of slope.
Minimum Lot Width
mission. -
subject to approval of the Planning Com-
Minimum Front Yard - subject to approval of the Planning Com-
mission.
Minimum Side Yard - subject to approval of the Planning Com-
mission.
Minimum Rear Yard
mission.
subject to approval of the Planning Com-
(e) R-6 R~SIDENTIAL
Intention - to allow utilization of land for residential
purposes ~customary accessory uses. Recreational and insti-
tutional uses customarily found in proximity with residential
uses are included - subject to approval.
Uses - Permitted
1. One-family dwelling, two-family dwelling, accessory
building and use, home occupation;
2. Farm and garden building and use - provided that all such
buildings and storage areas are located at least 100 feet from pre-
existing dwellings on other lots:
$. Fence, hedge or wall ~ subject to requirements under
Supplementary Regulations;
4. Indentification sign, directional sign, for-s~le sign -
subject to requirements under Supplementary Regulations.
Uses - ConditiOnal
S. Open-use recreation site - subject to approval of the
Board of Adjustment;
6. School, church, hospital, public building for administra-
tion - subject to approval of the Board of Adjustment.
Minimum Lot Area
1 One-familY ~welling
2. Two-family dwelling ...........
3. All other uses ................
Minimum Lot Width .................
Minimum Front Yard
1. Principal buirdings ...........
2. Accessory buildings ...........
6,000 square feet
3,000 square feet per
dwelling unit with a
minimum lot area of
6,000 square feet.
6,000 square feet
60 feet
10 feet
15 feet
Minimum Side Yard ................
Minimum Rear Yard
I. Principal building.. .
2. Accessory buildings.~;i.l~i~
S feet
1S feet
S feet
Maximum Height p~Buildings
1. Principal b~xrdiH~s...V .......
2. Accessory buildings ...........
25 feet
21 feet on the front
two-thirds of the
lot and 12 feet on
the rear one-third
of the lot
Minimum Off-street Parking ........
as required under Supple-
mentary Regulations.
(f) R-MF - RESIDENTIAL - MULTIPLE FAMILY
Intention - to allow ~tilization of land for intensive
residen-h-~rposes with customary accessory uses following
conventional practice of siting apartment dwellings on the standard
lot for the district or by allowing row and patio housing on smaller
lots provided a project of sufficient size is developed to permit
acceptable urban design. Recreational and institutional uses cus-
tomarily found in proximity with residential uses are included -
subject to approval.
Uses - Permitted
1. Any permitted use of the R-6 Residential district:
2. Multiple family dwelling, accessory building or use;
$. Patio and row houses - provided a total project of 25,000
square feet in area is developed to accommodate required off-street
parking, internal pedestrian circulation and minimum set backs for
the district on the periphery of the project:
4. Mobile home park - subject to requirements under mobile
home park regulations.
- 8 -
Uses - Conditional
5. Any conditional use of the R-6 Residential district
subject to all use requirements of that district regulation.
Minimum Lot Area
I. One-family dwelling ............ 6,000
2. Two-family dwelling ............ 5,000
3. Patio house.~ .................. 2,000
4. Row house..., .................. 1,S00
$. Multiple family dwelling ....... 1,S00
6. All other uses ................ 6,000
square feet
square feet per
dwelling unit with
a minimum lot area
of 6,000 sq. feet.
square feet
square feet
square feet per
dwelling unit with a
minimum lot area of
6,000 square feet.
square feet.
Minimum Lot Width
1% All uses except patio and row house
2. Patio house .....................
$. Row house ......................
60 feet
30 feet
25 feet
Minimum Front Yard
1. Principal"bdirding except patio house
10 feet
2. Patio house on periphery o~'~gject
..... 10 feet
5. Accessory building ............. 15 feet
Minimum Side Yard
1. Ail buildings except patio and row house
S feet
2. Patio and row house on periphery of project
..... 5 feet
Minimum Rear Yard
I. Principal' b6ilding except patio house
· .... 10 feet
2. Patio house on periphery of project
..... 10 feet
5. Accessory building ............. 5 feet
Maximum Height of Buildings
I~ Principal building except patio house
2.
feet
Patio house and buildings accessory thereto
..... 12 feet
Accessory buildings ............ 21 feet on the front
two-thirds of the lot
and 12 feet on the
rear one-third of the
lot.
Minimum Off-street Parking - as required under Supplementary
Regulations.
11-1-6
ACCOmmODATIONS P~CREATION
(a) AR-1 ACCOMMODATIONS RECREATION - URBAN
Intention - to allow utilization of land for accommodations
and rec~;eation purposes with accessory commercial uses as well as
for residential purposes with customary accessory uses. Recreational
and institutional uses commonly found in proximity with residential
uses are allowed.
Uses Permitted
1. One-famil~ dwelling, two-family dwelling, multiple family
dwelling, accessory building and use, home occupation; 2. Boarding house, rooming house, dormitory;
5. Hotel, motel, lodge, including incidental busin~s~ within
the principal use as required to serve the principal use;
- 9 -
4. Medical and dental clinics, professional offices;
5. Open-use recreation site and ski lifts, recreation club,
theater, assembly hall, school, church, hospital, public building
for administration;
6. Patio and row house - provided a total project of 2S,000
square feet in area is developed to accommodate required o~f-street
parking, internal pedestrian circulation and minimum setbacks for
the district on the periphery of the project;
7. Restaurant, tea room - provided all facilities for prepar-
ation'of food are located within a building on the lot~
8. Retail and~service commercial uses accessory to'ski lifts
and golf courses including food and beverage ser¥ice, sale, rental
and repair of sports equipment to be used in conjunction with the
recreation activity provided on the site;
9. Fence, hedge and wall - subject to requirements under
Supplementary Regulations;
10. Residential and Institutional indentification sign, direc-
tional sign, for-sale sign - subject to requirements under Supple-
mentary Regulations;
11. Business advertising, identification sign subject to
area limitations listed herein and Supplementary Regulations.
Uses Conditional
12. Shop-craft type
Board of Adjustment.
industry - subject to approval of the
Minimum Lot Area
1. One-family dwelling ............. 6,000
2 Two-family dwelling 3 000
3. Patio house, row house .......... 1,S00
4. Multiple family dwelling ........ 750
S. Boarding house, rooming house, dormitory
...... 250
6. Hotel, motel, lodge ............. 375
7. Ail other uses .................. 3,000
square feet
square feet per
dwelling unit with
a minimum lot area
of 6,000 square
feet.
square feet
square feet per
dwelling unit with
a minimum lot area
of 6,009 sq. feet.
square feet per
accommodations unit
or per four persons
of total capacity,
whichever is more
restrictive, with a
minimum site area
of 6,000 sq. feet.
square feet per
accommodation unit
with a minimum lot
area of 6,000 square
feet.
square feet
Minimum Lot Width
Ti All dwelling'and accommodations units except patio
row house ................................ 60 feet
2. Patio and row house ............. 2S feet
3. All other uses .................. 30 feet
and
Minimum Front Yard
1. Principal bulIding except patio house
10 feet
2. Patio house on periphery o~'~;gject
...... 10 feet
5. Accessory building .............. 1S feet
Minimum Side Yard
1. All building~ except patio and row house
5 feet
2. Patio and row house on per~ of project
...... 5 feet
- 10
Minimum Rear Yard
I. Principal building except patio house
10 feet
....... l0 feet
3. Accessory building .............. 5 feet
Maximum Height of Buildings
1. Principal building e'x~ept patio house
25 feet
2. Patio house and buildings';~;;iory thereto
....... 12 feet
3. Accessory building .............. 21 feet
Minimum Off-street Parking -
on the front
two-third of the
lot and 12 feet on
the rear one-third
of the lot.
As required under Supplementary
Regulations.
Maximum Sign Area
1. Business advertising, identification sign in conjunction
with permitted uses, except, residneces, provided each sign identify
a business occupying the premises· 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 footage 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 considering the alley as their lot line frontage. In no case
shall the aggregate sign area for any one use on any one frontage
exceed twenty square feet. There may be a combination of the
following sign types including a free-standing sign and wall signs,
including cut-out letter signs, subject to the following limitations;
a. Wall sign - shall not exceed ten square feet on any
one building wall, exclusive o~ cut-out letters;
b. Office building registry a wall sign or free-
standing sign identifying included offices, not to exceed
one square foot of area per office; such sign shall be
excluded from regular sign area and quantity limitations.
(b) AR-2 ACCO~iODATIONS RECREATION - SUBURBAN
Intention - as provided under the AR-1 Accommodations
tion ~istrict regulation.
RecTea-
Uses - Permitted - as provided under the AR-1 Accommodations
Recreation district regulations.
Uses - Conditional - as provided under the AR-1 Accommodations
Recreation district regulations.
Minimum Lot Area
· e- ami y welling ............. 15,000
2. Two-family dwelling ............. 7,500
3. Patio house, row house .... 2,000
4. Multiple family dwelling.]]].]]:] 2,000
5. Boarding house,
square feet
square feet per
dwelling unit with
a minimum lot area
of 15,000 square
feet.
square feet
square feet per
dwelling unit with
a minimum lot area
of 15,000 square
feet.
rooming house, dormitory
....... 500 square feet per
11
accommodations
unit or per four
persons of total
capacity, which-
ever is more re-
strictive, with a
minimum lot area
of 7,500 square
feet.
6. Hotel, motel, lodge ............
7. All other uses ................
375 square feet per
a~commodations unit
with a minimum lot
area of 6,000 square
feet.
S,000 square feet.
Minimum Lot Width
1. All dwellin~ and accommodations units except patio and
row house .......................... 7S feet
2. Patio and row ................. 2S feet
3. All other uses ................. S0 feet
Minimum Front Yard
1. All buildings except dwellings
2. Dwellings except patio house... 25
5. Patio houses on periphery of project
4. Accessory building ............. 30
and accessory buildings
200 feet from the right-
of-way lines of
State Highways
100 feet from the right-
of-way lines of
designated Arterial
Roadways
feet in all other
locations
feet
feet
feet
Minimum Side Yard
1. Ail buildings except patio and row house
10 feet
2. Patio and row house on p~i~y of project
....... 10 feet
Minimum Rear Yard
1. Principal building except patio house
2. Patio house on periphery';~'~;gject10
feet
....... 10 feet
3, Accessory building ............. 5 feet
~aximum Height of. Bui~di~ - as provided under the AR-1 Accom-
,modat16~§'R~drd~i0~ ~i§t~i~t-regulations.
Minimum Off-street Parking - as required under Supplementary
Regulations.
Maximum Sign Area - as provided under AR-1 Accommodations
Recreation district regulations.
11-1-7
COMMERCIAL
(a) C-1 COMMERCIAL
Intention - to allow the use of land for reta::l and service
commercial purposes, accommodations and recreationa! as well as for
residential purposes with customary accessory uses and institutional
uses .
Uses - Permitted
1. Any permitted use of the AR-1 Accommodation Recreation
district except patio houses subject to all use, lot area and yard
requirements of that district regulation unless otherwise specified
below;
2. Retail commercial establishments limited to the following
and similar uses: antique shop, appliance store, art supply shop,
art gallery, automobile accessory store, bakery, book store, camera
shop, candy, tobacco or cigarette store, catalog store, clothing
store, decorator shop, department store, drug 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, pawn shop, photography shop, sporting
goods store, station~ry store, variety store.
12
3. Service commercial establishments limited to the following
and ~imilar uses: business office, catering service, financial
institution, personal service including barber and beauty shop,
custom sewing, dry-cleaning pick-up station, laundromat, tailoring
and shoe repair shop, parking lot or garage, studio for instruction
in the arts, radio or television broadcastin~ facility.
4. Rental repair and wholesaling facilities in conjunction with
any of the above listed uses provided all such activity is clearly
incidental and accessory to the permitted use and conducted within
a building.
5. Storage of materials accessory to any of the above listed
uses provided all such storage is located within a structure.
Uses - Conditional
6. Any conditional use of the AR-1 Accommodation Recreation
district subject to all use, lot area and yard requirements of that
district unless otherwise specified below.
7. Recreation and entertainment establishments limited to the
following and similar uses: business, fraternal or social club or
hall, billiard parlor, dance hall, ice or roller skating rink -
subject to approval of the Board of Adjustment.
8. Shop-craft industry - subject to approval of the Board of
Adjustment.
9. Gasoline Service Station - accessory to a parking garage or
structure, provided all operations are conducted within the principal
building or structure subject to approval of the Board of Adjust-
ment.
Minimum Lot Area - as provided under the AR-1 Accommodations
Recreation district regulation.
Minimum Lot Width - as provided under the AR-1 Accommodations
Recreation district regulation.
Minimum Front Yard
I. Ail dwelli~-~nits except those accessory to a more inten-
sive use ....................... as provided under the ARol Accom-
modations Recreation district
regulation.
2. All other uses ............ no requirement
Minimum Side Yard
l~--Sw~llii~units except those accessory to a more i~ten-
sire use ....................... as provided under the AR-1
Accommodations Recreation dis-
trict regulation.
2. Ail other uses ............ no requirement
Minimum Rear Yard
1. All dwelling--units except those accessory to a more inten-
sive use ....................... as provided under the AR-1
Accommodations Recreation dis-
trict regulation
2. Ail other uses ............. buildings constructed subsequent
to the effective date of this
ordinance may extend to the rear
property line provided that an
open area with a minimum hori-
zontal dimension of 10 feet and
a minimum vertical clearance of
10 feet and equal to 10 percent
of the total lot area is pre-
served on the ground level adja-
cent to the rear lot line and
accessible to the adjacent street
or alley.
Maximum Height of Buildi~g .... 57-1/2 feet
Further pro~x~d~d-'~h-h~ the total floor area of the structure
above ground shall not exceed 2-1/2 times the total lot area of the
lot on which the structure is located; further provided that for
each square foot of public way space or public arcade space created
13
at ground level on the lot, credit shall be given for an~:additional
two square feet of floor area in the structure over the allowable
2-1/2:1 ratio. The 37-1/2 (oot maximum height limitation shall
still be observed in this latter instance; and further provided that
no building or structure shall be constructed higher than 25 feet
above grade within 10 feet of the front or rear lot line.
Minimum Off-street Parking - as provided under Supplementary
Regulations.
Maximum Sign Area
1~ BuSiness advertising, identification sign in conjunction
with permitted uses, except residences, provided such signs identify
a business occupying the premises. 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
£ront~ng on an alley shall compute their sign area allowance by
considering 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 square feet. There may be a combination of two of the following
three types of signs: a free-standing sign, projecting sign and wall
sign, including cut-out letter sign - subject to the following
limitations:
a. Free-standing sign - one per use not to exceed 10 ~quare
feet in area.
~e Projecting sign , shall not extend more than 4 feet from
building wall except where such a sign is an integral part
of an approved canopy or awning, and no projecting sign shall
exceed 6 square feet in area where two faces are visible or
10 square feet in area where only one face is visible.
c. Wall sign - shall not exceed 10 square feet on any one
building wall, exclusive of cut-out letters,
d. Offxce Building Registry - a wall sign or free-standing
sign identifying included business offices not to exceed one
square foot in area, per office. Such sign shall be excluded
from regular sign area limitations.
e. Historic Sign - a wall sign identifying a structure of
historic interest, not to exceed 10 square feet in area. Such
sign shall be excluded from regular ~gn area limitations
shall be located only on historic buildings.
(b) C-2 COMMERCIAL
Intention - to allow the use of land for retail service and
commercial pUzposes, limited industrial purposes, accommodations
and recreational, as well as for residential purposes, with cus-
tomary accessory and institutional uses.
Uses Permitted
I. Any pe~d use of the AR-1 Accommodations Recreation
district, except patio houses, and of the C-1 Commercial district:
Subject to all use, lot area and yard requirements of those districts
regulations unless otherwise specified below;
2. Any general retail or service commercial use including the
following and similar uses: vehicle and equipment rental, sales,
storage and repair;
5. Limited industrial uses including the following and similar
uses: builders supply and lumber yard. contractor's yard, dry-clean-
ing plant and laundry, fabrication and repair of building materials
and components, manufacture and repair of sporting goods, printing
and publishing plants, transpoxtation depot, warehousing and storage,
shop-craft industry.
4. Recreation and entertainment establishment.
Uses - Conditional
~. Any conditional use of the AR-1 Accommodations Recreation
district and of the C-1 Commercial district, subject to all use, lot
area and yard requirements of that district unless specified below:
6. The following uses which ~ay crea~e unusual traffic hazards:
drive-in restaurant, gasoline service station, automobile washing
facilities - subject to approval of the Board of Adjustment.
14
Minimum Lot Area - as provided under the AR-1 Accommodations
K~-~t~n--~i~i c t regulation.
Minimum Lot Width - as provided under the AR-1 Accommodations
Recreation district regulation.
Minimum Front Yard -
1. All dwelling units'except those accessory to a more inten-;
sire use ...................... as provided under the AR-1
accommodations Recreation
district regulation.
2. Ail other uses ............ no requirement.
Minimum Side Yard
1. Ail dwelling units except those accessory to a more inten-
sive use ...................... as provided under the AR-1
Accommodations Recreation
district regulation.
2. Ail other uses ............ no requirement.
Minimum Rear Yard
1. All dwelling units except those accessory to a more inten-
sive use ...................... as provided under the AR-1
Accommodations Recreation
district regulation
2. Ail other uses ............ as provided under the C-1
Commercial District regulations.
Maximum Height of Building - as provided under the C-1 Com-
mercial District regulation.
Minimum Off-street Parking - as required under Supplementary
Regulations.
Maximum Sign Area - as provided under the C-1 Commercial
district RegulatYons.
11-1-8 PARK
P PARK
Intention - to insure that land intended for recreation use is
developed in such a manner to serve its intended use while not
exerting a disruptive influence on adjacent uses of land. Open-
use recreation facilities are permitted and recreation club buildings
are included o subject to approval.
Uses - Permitted
1. Open-use recreation site.
2. Accessory building and use limited to facilities serving
only principal uses on the site.
$. Fence, hedge or wall - subject to requiremen~under Supple-
mentary Regulations.
4. Identification sign - subject to requirements under Supple-
mentary Regulations.
Uses - Conditional
S. Recreation CI~b -
Adjustment.
subject
to approval
of the Board of
Minimum Lot Area - No requirement.
Minimum Lot Width - No requirement.
Minimum Front Yard
Adjustment.
subject to approval of the Board of
Minimum Side Yard - subject to approval of the Board of Adjust-
ment.
Minimum Rear Yard - subject to approval of the Board of Adjust-
ment.
- IS-
Maximum Height of Bdildings as required in the most restric-
tive adjacent zone district.
Minimum Off-street Parking - as required under Supplementary
Regulations.
11-1-9
SUPPLEMENTARY REGULATIONS
Regulations specified in other sections of this Chapter shall
be subject to the following interpretations and exceptions:
(a) Uses Permitted:
I. All service yards shall be screened from the ground
to 6 feet from grade.
2. All £uel storage tanks shall be completely buried
beneath the suriace o£ the ground.
3. Illumination uses - any light used to illuminate
parking areas, or for any other purposes shall be
so arranged as to reflect the light away from nearby
residential properties and away from the vision of
passing motorists.
4. Utilities - Nothing in these regulations shall be
construed to prevent the construction or installation,
in any zone district, of a public utility use or
structure necessary for the transmission of commodi~
ties or services of a utility company including mains,
transmission and distribution lines, substations and
exchanges, provided that storage, maintenance and
business facilities shall be restricted to their
appropriate zone district.
5. Fences, hedges and walls shall be permitted in any
zone ~istrict, provided such uses are less than 3-1/2
feet in height when constructed of materials tending
to obstruct motorists' vision when located within 75
feet of the centerline intersection of two streets
or roads.
6.Signs
(a) General Limitations
(1) No sign shall be allowed except as permitted by
City ordinance. Signs shall require a sign permit
and be subject to setback requirements of the zone
district in which they are located, unless specifi-
cally excepted eliewhere in these regulations.
(2) Signs shall identify or advertise only interests
conducted on the lot, unless the Board o£ Adjustment,
u~on request, makes a determination that an off-site
sign, conforming to the district regulations in
which the sign is located, is necessary to promote
the interests of a use not occupying the same lot.
(3) No sign shall be located so that the safety of a
moving vehicle will be impaired by obscuring the
driver's vision.
(4) The color or format of signs shall not resemble
or conflict with traffic signs or signals.
(5) Signs shall be maintained in good repair.
(6) No signs with flashing lights will be allowed.
(7) No signs with moving parts will be allowed.
(8) Gas-filled light tubes shall be allowed only
when used for indirect illumination, in such a manner
that light tubes are not exposed to public view.
(9) Illumination of signs shall be arranged in such
a manner as to be re£1ected away from residential
properties and motorists' vision.
- 16
(10) Nothing in these regulations shall be construed
to prevent the erection of pennants and banners ad-
vertising 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 termination.
(11) Non~conforming signs which were in existence on
or before July 2, 1956, shall be discontinued within
one year from the date of this ordinance. Non-conforming
signs which came into existence after July 2,1956, shall
be discontinued within five years from the date of this
ordinance.
Structural Characteristics
(1) Free-standing signs - shall be limited to one sign
per principal use, shall not be higher than the principal
building, and shall be a minimum of 8 feet above grade
when located adjacent to a pedestrian way and larger
than 2 square feet in area.
(2) 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; it shall not
extend more than four feet from the building wall except
where such a sign is an integral part of an approved
canopy or awning.
(3) Wall signs shall not be higher than the eave line
or parapet wall of the principal building and no sign
part, including cut-out letters, shall project more than
6 inches from the building wall.
Sign Measurement
(1) The area allowance for signs in district regulations
shall include all signs allowed therein including window
decals and signs identifying destinctive features and
regional or national indications of approval of facilities.
(2) Cut-out letter signs shall be considered as wall
signs and their aggregate area shall be credited toward
allowable sign area at one-half their measured area.
(5) Sign area shall be the area of the smallest plane
geometric figure which encompasses the facing of a sign
including copy, insignia, background and borders.
Signs Permitted in Any District
(1) Residential Identification sign - a free~standing or
wall sign may be erected on the same lot with any dwelling
identifying the occupant thereof or any home occupation
pursued therein, not to exceed two square feet per dwell-
ing 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.
(2) Institutional Identification Sign - free-standing
and 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 uso exceed thirty square
feet on any single frontage. In the case of institution-
al uses located in a residential zone district, illimi-
nation of signs shall bc ~uhjact to approval o~ the Board
of Adjustment.
-17-
(3) Recreation Club, Open-Use Recreation Site Identi-
fication Sign - free-standing or wall signs may be erected
on the same lot with any of the above listed 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.
(4) Directional Sign - a free-standing sign, non-illumi-
nated and conforming to a standardized design, 6 inches
by 30 inches in dimension, directing persons to tourist
and cultural facilities may be erected in any district
on the public right-of-way upon approval of the Building
Inspector and issuance of a sign permit.
(5) For Sale or Rental Sign a free-standing or wall
sign, non-illuminated, not to exceed six square feet in
area, when advertising sale of the premises; and not
to exceed three square feet when advertising rental of
the premises, may be erected in any district.
Lot Area Provisions
I. Dwelling in Multiple Use Structures - dwelling units
constructed as an integral part of larger structures devoted
prim&tily to non-residential uses shall be considered as
multiple family dwellings for purposes of density calculations,
regardless of the number of units included in the structure.
2. Planned Unit Development in any R-40, R-30, or R-15
Residential district or Accommodations/Recreation district.
residential property may be developed either along cOnventional
subdivision platting lines with standard minimum lot sizes for
the district, or it may be developed following the planned unit
concept with a variation in lot size between established
minimum and maximum sizes provided a subdivision plat is
approved prior to issuance of building permit. Allowable
lot sizes and an average lot areas for single-family dwellings
areas follows:
District Average Lot Area
R-4o
R-~0 30,000 sq. ft.
R-iS 1S,000 sq. ft.
Minimum Lot Maximum Lot
2I~I00-~7 ft. ~0- ~O~-~--ft.
1S,000 sq. ft. 60,000 sq. ft.
7.500 sq. ft. 30,000 sq. ft.
3. Planned Unit Development - Cluster Principal In any
Planned Unit Development, the average lot area may be reduced
by one-third within the limits of minimum and maximum lot size,
if the deleted land is pooled in a common open-space legally
pc£pet~mted by a set of protective covenants or agreements
filed with the subdivision plat. Average lot areas for single-
family dwellings under the Cluster Principal are as follows:
District Average Lot Area
---R-z-4-0--- -26,666 Sq. ft.
R-30 20,000 sq. ft.
R-IS 10,000 sq. ft.
4. Non-conforming Lots of Record - where a lot of record was
in separate ownership at the time of passage of this ordinance
and cannot meet the minimum requirements 'for area or width,
such a lot shall be construed a legal lot for the district
with the following exceptions;
a. In a residential district where a two-family or
multiple family dwelling is permitted, the requirement for
square footage of lot area 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 5,000 square feet.
b. In any district, no hotel, motel or lodge shall be
constructed on a lot mon-conforming as to area for the district.
18
(c)
(d)
(e)
5. Lot Reduction - no portion of a lot required for a legal
building site under provisions of this ordinance shall be
included as a portion of a lot required as a site for another
building.
Minimum Floor Area
1. Minimum Floor Areas - each dwelling unit in a single-
family, two-family, multiple-family dwelling, patio or row
house shall contain a minimum of 600 square feet of floor
area. In measuring minimum floor areas, all measurements shall
be along outside walls of the living area of detached dwelling
units, and along the centerline of party walls on attached
units~ and not including carports or garage area, or other
enclosed area not devoted to actual living purposes.
Yard Provisions
I. Projections into required yards - yards shall be open from
the ground up except for the following allowed projections:
building eaves - 18 inches, architectural projections 12
inches, individual balconies not utilized as a passageway
4 feet, fire escapes - 4 feet, uncovered porches, slabs, patios,
walks and steps - no restriction, fences, hedges and walls -
no restriction on location.
2. 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 were such private way to be dedicated for public
use.
3. Corner lots on a lot bordered on two sides by inter~
secting 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 bordering a street may be reduced by one-third
of the required front yard setback distance for the district.
4. Yards in developed areas - where an unbuilt lot is
bordered by property developed prior to the effective date of
this ordinance, one or both of which are non-con£orming as
to front yard setback distnaces for the district, the required
front yard for the unbuilt lot shall be the average of the
setback distances df 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.
S. 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 side
yard setback distance as established for the less intensive
use district; provided that the less intensive use district
lot is e~ther underdeveloped or developed in conform~nc? with
the required side yard setback for the district in wnicn it is
located.
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. Where a lot is bordered on two sides by inter-
secting arterial roadways, the provisions listed under the
corner lot situation shall apply.
Height Provisions
1. Schools, churches, hospitals and public building for
administration in a residential district - where these uses
are permitted in a residential district, they may exceed the
established height limitation by 50 percent provided all other
requirements for the district are co~pl~ed with, and provided
- 19 -
(f)
the total floor area of the structure above grade does not
exceed the total area of the lot on which the building is
located. Where this 1:1 ratio is not possible, the maximum
height limitation for the district shall not be exceeded.
2. The height of a building shall be measured from the
established street grade; if no official street grade is
established, then from the existing center line grade of the
street. The point of reference shall be the average street
grade for n~c more than 90 feet of frontage. For ~arger
building sites, each frontage of 90 feet or less shall be
~un,id~red separately.
For building sites where the grade percentage slopes from
the street frontage to the alley or rear property line at
a grade percentage of 10% or greater, the point of reference
shall be the average level from street to alley, but not to
exceed five feet above the average street grade on a positive
slope or five feet below the average street grade on a nega-
tive slope.
The height of a building shall be determined by a vertical
distance from the grade reference point to the top of a
flat or mansard roof, or to the mean height between the
eaves and ridge of a gable, hip, gambrel or similar pitch
roof. The ridge of a gable, hip, gambrel, or similar pitched
roof may not exceed over five feet above the specified max-
imum height limit. Antennas, chimneys, flues, vents or
similar structures shall not extend over ten feet above the
specified maximum height limit. Water towers may not extend
over five feet above the specified maximum height limit.
Church spires and flagpoles may extend over the specified
maximum height limit.
A variance from the maximum height limitation may be granted
by the Board of Adjustment, on building sites where the grade
percentage is 10% or over and where hardship would result
from the strict enforcement of this section. Requests for
variances must be accompmnicd by drawings showing plot plan,
contours and cross sections of the building ~Jte and proposed
structures.
Off-Street Parking
~¢quired-°ffJ~?eet parking shall be provided for each use
as required below in all zone districts. All requirements
for parking based on square feet of floor area shall include
only that floor area which is devoted to the principal use
and not including floor area devoted to storage, utilities,
restrooms, lobbies, and maintenance of the premises. For
all uses requiring parking spaces in ratio to floor area,
at least one space shall be required for any use not meeting
the minimum floor area ratio standard.
One-Family Dwelling
One space per dwelling
Two-Family Dwelling
One space per dwelling unit.
Dwelling, Multiple-Family
One and one-half space per
dwelling unit.
Boarding or Rooming House
One space per 200 square feet
devoted to accommodations plus
one space for each included
dwelling unit.
pormitor¥
One space per 200 square feet
devoted to accommodation activi-
ties.
Motel,
HOtel Lodge
Two spaces per three units.
20 -
Assembly areas - Intensive Uses Two spaces per
~owling Alley, Assembly Are'~ Only
Churches, Chapels, Auditoriums
Theatre
Dance Floors-Including Room or Hall
Lodge Room or Hall, Assembly Hall
Stadium-Bleacher Area Only
Swimming Pool-Including Deck Area
and similar uses.
Assembly Areas Less Intensive U!e
COnference Rooms
Dining Rooms, Restaurant, Tea Room
Drinking Rooms, Bar Rooms
Exhibit Rooms
Gymnasiums
Lounges
Skating Rink
and similar uses.
1,000 square feet
One space per 1,000 square feet
Golf Course
Two spaces per hole
Tennis Courts
Three spaces per court
Retail Stores
and Shops
Intensive Use
One and one-half spaces
square feet
Art Supply~ Auto Accessory,
Baker, Book, Camera ~ Photography
Candy, Tobacco 8 Cigarette
Catalog, C!othing, Department
Drug, Florist, Food ~ Beverage,
Gift, Hardward, Hobby, Jewelry Sales
Key, Liquor, Pet, Paint ~ ~allpaper
Pawn, Sporting Goods, Stationery
Variety and similar uses.
per 1,000
Retail Stpr~s_~nd_._S~?~- Less Intensive Use
On--pace per 1,000 square
feet
Art Gallery, Building Materials
and Lumber, Decorator, Furniture and
Household Appliances, Job Printing,
Studio for Art, Ceramics, Sculptor,
Vehicle and Machinery Sales and.
similar uses.
Offices Intensive Use Two spaces
~C-/I--~-~d Dental incruding Clinics
Financial Institutions including
Banks and Loan Companies
Public Building for Administration
including City and County offices
and similar uses.
per 1,000 square feet
Offices Less Intensive Use One space per
Utility, Telephone, Telegraph,
RAdio and Broadcasting
Professional excluding medical and dental
General Business offices and similar uses.
1,000 square feet
Service
Car Rentals, Auto and Truck
Sales and Service Facilities
and similar uses.
One space for each vehicle exclu-
sive of service and repair area
which shall meet requirements of
vehicle Repair Facilities as out-
lined elsewhere in the ordinance.
Personal Services One space per 1,000 square
Barber, Beauty~ uustom Sewing,
Dry-Cleaning, Laundry Pick-up
Tailor, Shoe Repair, Catering,
Sports Rental and ~epair-exc~uding retail sales
area, Studio for instruction and similar u~a.
feet
- 21
Gas Stations
Facilities:
and Vehicle Repair
Gasoline pumps
Grease racks
Wash racks
Repair area
One space per pump
Two spaces per rack
Two spaces per rack
One space per 200 square feet
(area usuable for repair work
exclusive of drives, equipment,
storage, utilities, etc.)
Laundromat
One and one-half spaces per 1,000
square feet.
Hospitals,
Schools
Spaces shall be provided to satisfy
the occupancy characteristics on
the same site. The determination
of requirements shall be the func-
tion of the Planning Commission
using surveys of similar situations'
and their own judgement.
Industrial Uses, l~holesale Establishments
One-half space per 1,000 square
feet of developed site area.
Uses Not Specifically Enumerated - Any use not listed above shall
provide ~arking in the same ratio as the use listed above most.
nearly approximating the characteristics of the unlisted use, ~n the
judgement of the Planning Commission.
Location of Required Off-street Parking - Parking required for any
~se as in AR-i, AR-2, C-i or C-Z shall in no case be located in an
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 a Boarding or Rooming House, Lodge, Motel or Hotel or Dormitory
must be located on the same or an adjacent lot in the same owner-
ship as the lot occupied by the principal use.
Characteristics of Off-street Parking - Each off-street parking
~-~k~--s~ll--~i~e-a~'-uh~s~r~-c~-~Starea measuring nine feet wide by
18 feet long and seven feet high and have legal, unobstructed area
for access to a street or alley; where accessibility is impaired on
the basis of attendant parking, an attendant must be on duty during
business hours of activity for an institutional or assembly use and
continuously for accommodation or residential use. Off-street
parking spaces must be paved with an all-weather surfacing and be
maintained in a usable and unobstructed condition at the respon-
sibility of the owner at all times. Vehicles, equipment or merchan-
dise for rent or sale shall not obstruct the use of required off-
street parking spaces.
11-1-10
NON-CONFORMING USES
Except as provided in this section, the lawful use of any
building or land existing at the time of enactment of this Section,
or of any amendments to this Chapter, may be continued even though
such use does not conform to the requirements of this Chapter.
(a) Repairs and Maintenance:
Ordinary repairs and maintenance of non-conforming building
shall be permitted.
(b) Restoration:
A non-conforming building which has been damaged by fire or
other causes may be restored to its original condition, provided
such work is commenced within one year of such calamity.
- 22
(c) Abandonment:
~henever a non-conforming use has been discontinued for a
period of one year~ such use shall not thereafter be re-
established, and any future use shall be in conformance
with the provisions of this Chapter.
(d) Change in Use:
A non-conforming use shall not be changed to a use of a lower,
or less restrictive classification; such non-conforming use
may however, be changed to another use of the same or higher
classification.
(e) Extensions:
A non-conforming use of land or of a building or of any portion
thereof shall not be extended.
(f) Cessation:
All business and industrial uses located at the time of enact-
ment of this Chapter in any Residential or Tourist District
shall be discontinued within one year after the effective
date of this ordinance if such uses are not contained within
an enclosed and covered building and (or) iff such uses are
detrimental and injurious to the adjoining lands because such
uses create unusual and obnoxious odors, smoked sounds, dust,
vibration or traffic problems.
(g) Off-street Parking:
Existing non-conforming uses in relation t? parking shall not
be expanded unless the increment of expenslon can be developed
to meet parking requirements of this ordinance. Existing non-
conforming uses in relation to parking shall not be changed to
a more intensive use unless the entire area changed to a more
intensive use can be developed to meet parking requirements of
this ordinance.
11-1-11
BUILDING REVIEW
(a) Purpose:
The Planning and Zoning Commission shall review all proposals
for new construction located in C-1, C-2, AR~l, AR-2 zones in
the City of Aspen with the purpose of conserving the value of
neighboring property and encouraging the most appropriate use
of land. The Commission shall also review all proposed con-
struction in those areas to determine its effect on the safety,
health, and general welfare of the City of Aspen.
(b) Method of Procedure:
At least thirty days prior to the date which an application
for a building permit will be accepted by the City of Aspen
the applicant shall submit a plot plan, floor plans, and ele-
vation drawings of the proposed construction in duplicate for
preliminary review. These drawings shall show the complete
development of the proposed project. These drawings shall be
submitted to the Building Inspector who will submit these
drawings to the Planning and Zoning Commission. During this
thirty day period the Planning and Zoning Commission shall
review the drawings submitted and shall make written recom~.'
mendations to the Building Inspector as to the applicant's
compliance with the zoning regulations, and shall suggest
any changes in the plans for each proposed construction as
it shall find necessary to accomplish the purposes of this
section. If such drawings are found to be incomplete, they
shall be rejected.
1. The above mentioned drawings, with any changes made
prior to the issuance of a building permit and upon approval
of the Planning and Zoning Commission, shall constitute the
final plans and drawings for the complete development of the
proposed building site. Any changes in the approved drawings
by the applicant will require re-submission to the Building
Inspector and the Planning and Zoning Commission.
23 -
2. Upon receipt from the Planning and Zoning Commission of
the approved set of drawings for a proposed project, the
Building Inspector shall register a copy thereof among its
records and shall record a copy thereof, or such other record
thereof, as deemed proper by his Department, in the office
of the City Clerk.
3. All proposed drawings registered and recorded here-
under shall be binding upon the applicants therefor, their
successors and assigns, shall limit and control the issuance
of building permits and shall restrict and limit the con-
struction, locat$on~ use and occupancy of all land and stru-
tures included within such drawings to all conditions and
limits set forth in such drawings.
4. If the. Planning and Zoning Commission has taken no
action or has given no recommendations to the Building In-
spector with regard to an application within thirty days of
the time of filing, the application shall be regarded as
approved.
5. The following items shall comprise the check list
which the Planning and Zoning Commission shall use in re-
viewing all new construction in the above mentioned zones:
(a) Off-street parking.
(b) Area of lot in ratio to proposed building.
(c) Height of building in relation to the amount of
land used,
(d) The amount of open space left in the complete
development.
(e) Setbacks.
(f) Overhangs.
(g) Access to public Streets and alleys.
(h) The use of the land in the development and its
effect on neighboring property.
(i) Traffic and Circulation.
(j} Density of occupancy.
11-1-12
BOARD OF ADJUSTMENT, VARIANCES
(a). Organization, Powers and Duties:
The Board of Adjustment shall have the following powers and
duties, all of which shall be exercised subject to the laws
of the State of Colorado and appropriate conditions and safe-
guards, in harmony with the purpose and intent of this chapter,
and in accordance with the public interest and the most
appropriate development of the area:
1. To hear and decide appeals from and review any order,
requirement~ decision, or ~etermination made by any adminis-
trative official charged with the enforcement of the regula-
tions established by this.chapter.
2. To hear and decide all matters referred to it or
upon which it is required to pass under the provisions of this
chapter.
3. Where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this
chapter, in passing upon appeals, to vary or modify the appli-
cation of these regulations and provisions relating to the use,
construction or alteration of buildings or structures, or the
use of land, so that spirit of the ordinance will be observed,
public safety and welfare secured, and substantial justice done.
(b) Procedure:
1, The concurring vote of four members of the Board shall
be necessary to reverse any order, requirement, decision or
determination of any administrative official, or to decide in
favor of the applicant any matter upon which the Board is re-
quired to pass, or to effect any variation in the provisions
of this chapter.
2. Appeals from any decision or determination made by the
Board of Adjustment or by the Building Inspector of the City
of Aspen must be taken within 60 days after the date of such
decision.
- 24
$. The Board of Adjustment shall hold a public
hearing on all applications and appeals, with the following
special conditions required:
a. For applications for variance relating to the
use requirements of this Chapter, a written notice of
said hearing shall be sent by first class mail at least
5 days, or delivered personally at least 5 days, prior to
the hearing date, to owners of property within 500 feet
of the property in question.
b. For applications for variances not relating to
the use requirements of this Chapter, a written notice of
said hearing shall be sent by first class mail at least 5
days, or delivered personally at least 3 days, prior to
the hearing date to owners of property adjacent to the
property in question.
c. For applications for variance relating to the
use requirements of this Chapter, a fee of $20.00 shall be
charged to cover the cost of advertising and processing.
For all other applications a fee of $10.00 shall be charged
to cover such costs.
d. Unless otherwise stated in the Board of Adjustment
minutes, all variance permits shall be valid for a period
of time not to exceed one year from the time such variance
is granted.
e. Whenever the Board of Adjustment shall act on
matters relating to Signs, as set forth in the Supple-
mentary Regulations hereto, and matters involving Section
11-1-11, Building Review. the Board of Adjustment may first
refer such applications ~or a variance to the Planning
Commission for their review and recommendations.
f. The Board of Adjustments shall make a finding
that the conditions in this section are satisfied by the
reasons set forth in the application and that the variance
is the minimum variance that will make possible the rea-
sonable use of the land, building and structure.
g. The Board of Adjustments, in granting a variance,
may prescribe appropriate conditions and safeguards in
conformity with this chapter violation of which shall be
deemed a violation of this ordinance and punishable as
such.
4. The following shall be considered valid reasons for
granting a variance:
a. That the special conditions and circumstances do
not result from the actions of the applicant.
b. That special or extraordinary circumstances apply
to the subject property that do not apply similarly to
other properties in the same vicinity and zone.
c. That the granting of a variance is essential to
the enjoyment of a substantial property right enjoyed by
other properties in the same vicinity and zone, but denied
the subject property because of the special conditions or
extTaordinary circumstances.
d. That the granting of the variance will not adverse-
ly affect the general purpose of the comprehensive general
plan.
11-1-13
AMENDMENTS
(a) General Procedure
Amendments to this Chapter shall be in accordance with
the laws of the State of Colorado and the following action
shall be required prior to adoption:
1. Petitions to amend this Chapter may be initiated by
the City Council, the City Planning and Zoning Commission,
or by a real property owner in the area to be in~lt~d~d ~n
the proposed amendment.
25 -
2. Any application to change the text of this Chapter
of the "Zoning District Map" shall be made to the Planning
and Zoning Commission at least seven calendar days prior to
its appearance on the agenda and setting of the date for
public hearing.
5. Application to change the "Zoning District Map"
shall include an accurate plot plan of the area included in
the proposed change, the name and address of all owners of
real property in the area proposed for change and any addi-
tional information the commission requires. The application
shall be signed by a real property owner in the area included
in the application, unless initiated by the City Council or
the City Planning and Zoning Commission. If additional real
property is included other than that owned by the applicant,
a petition in favor of the amendment, signed by real property
owners representing 80 percent of the land area included in
the application, shall accompany the application.
4. Study and recommendation on the proposed amendment
by the City Planning and Zoning Commission.
5. Completion of a public hearing before the City Council
after at least 15 days notice of the time and place of such
hearing shall have been published in a newspaper of general
circulation in the City.
6. For any proposed amendments to the "Zoning District
Map," a fee of $50.00 shall be charged to cover the cost of
advertising and processing. For all other proposed amendments,
a fee of $10.00 shall be charged to cover costs.
(b) Special Procedure:
Before submitting a report and recommendation on any
proposed amendment to this Chapter, the City Planning and
Zoning Commission shall hold a public hearing on the proposed
amendment with the following special conditions required:
1. For any change to tile text of this Chapter or the
"Zoning District Map," a notice of said hearing shall be
published once in a newspaper of general circulation in the
City at least 15 days prior to the hearing date.
2. For proposed amendments to the "Zoning District Map"
a written notice of said hearing shall be sent by first class
mail at least 15 days prior to the hearing date to property
owners within the area in question and within I00 feet of the
area in question (except that no such notice shall be required
pursuant to initial zoning of a newly annexed area or pursuant
to rezoning of any area which is sponsored and initiated by
the City.)
11-1-14
ENFORCEMENT
(a) Building Permits:
It shall be unlawful for any person to erect, construct,
reconstruct, alter, change the use of any building or other
structure within the City Limits without obtaining a building
permit from the City Building Inspector, and such Building
Inspector, shall not issue any permit unless the plans of and
for the proposed erection, construction, reconstruction, alter-
ation, or use fully conform to the zoning regulations then in
effect, and unless plans to be kept as permanent public record
are submitted to the Building Inspector.
(b) Sign Permits:
It shall be unlawful to erect, construct, reconstruct,
alter, paint or repaint or change the use of any sign as
defined in this Chapter without first obtlining a sign permit~
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 ordinance.
For all sign permits required, a fee of 50 cents a square
foot of surface area shall be charged to cover the cost of
administration.
- 26 -
11-1-15
INTERPRETATION, CONFLICT WITH OTHER LAWS
In their interpretation and application, the provisions of
this Chapter shall be held to be minimum requirements adopted for
the promotion of the public health, safety and welfare. Whenever
the requirements of this Chapter are at variance with the require-
ments of any other lawfully adopted rules, regulations, ordinances,
or other provisions of this Code, the more restrictive, or that
imposing the higher standard shall govern.
11-1-16
VIOLATIONS AND REMEDIES
(a) The erection, construction, enlargement, conversion,
moving or maintenance of any building or structure and the
use of any land or building whic~ is continued, operated or
maintained, contrary to any provisions of this Chapter is
hereby declared to be a violation of this Code and unlawful.
The City Attorney shall immediately, upon any such violation
having been called to his attention, institute injunction,
abatement, or any other appropriate action to prevent, enjoin,
abate or remove such violation. Such action may also be
instituted by any property owner who may be especially damaged
by any violation of this Ordinance.
(b) The remedy provided for herein shall be cumulative and
not exclusive and shall be in addition to any other remedies
provided by law.
27 -
Section 2: All Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
Section 3: If any part or parts of this Ordinance
are for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this
Ordinance.
Section 4: Because of the matters and things here-
inabove set forth, the City Council of the City of Aspen,
Colorado, hereby finds, determines and declares that an emer-
gency exists, and that this Ordinance is necessary for the
immediate preservation of the public peace, health and safety.
INTRODUCED, READ, AND ORDERED PUBLISHED THIS ~
DAY oF , lg67.
ATTEST
ATTEST:
City Clerk
DAY OF
Mayor
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
CERTIFICATE
I, Lorraine Graves, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introducted, read in full, and passed on first
reading at a regular meeting of the City Council of the
City of Aspen on March 6 ,196_/7, and publish-
ed in the fspen Times a weekly newspaper of general circul-
ation, published in the City of Aspen, Colorado, in its
issue of March 9 ,196 ~, and was finally adopted
and approved at a regular meeting of the City Council on
April 3
Ordinance No. 3
provided by law.
IN WITNESS WHEREOF,
the seal of said City of Aspen, Colorado,
._a~y ~f April , 196 7
,196 7 , and ordered published as
, Series 196 7 , of said City, as
I have hereunto set my hand and
this 3rd