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HomeMy WebLinkAboutordinance.council.010-60ORDINANCE NO. 10 (Series of 1960) AN ORDINANCE AMENDING ORDINANCE NO. 6, SERIES OF 1956, REI~.TING TO ZONING, AND LAND USE IN THE CITY OF ASPEN, COLORADO, IN THE FOLLOWING RESPECTS: AMEND SECTION III-R6, RESIDENTIAL DISTRICT: A~'~END SEC- TION IV-T, TOURIST DISTRICT; ~END SECTION V - BUSINESS DISTRICT; AMEND SECTION VI-U, UNRESTRICTED DISTRICT; ~END SECTION VII-SUP- PLEMENTARY REGULATIONS; AMEND SECTION IX-BUILDING REVIEW; AMEND SECTION X-BOARD OF ADJUS~IENT, VARIANCES; AMEND SECTION XI - AMEND- MENTS AND SPECIAL PROCEDURE; AMEND SECTION XII-ENFORCEMENT; AND ~[END SECTION XIV-DEFINITIONS; AND REPEALING PORTIONS OF SAID ORDINANCE NO. 6, SERIES OF 1956. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: SECTION 1: SECTION III-R6, RESIDENTIAL DISTRICT, Ordinance No. 6, Series of 1956, shall be and is hereby amended to read as follows: D. Minimum Front Yard Principal buildings 10 feet Accessory buildings 15 feet E. Minimum Side Yard Principal buildings 5 feet Accessory buildings 5 feet F. Minimum Rear Yard Principal buildings 15 feet Accessory buildings 5 feet J. Maximum Height of Buildings Principal buildings 25 feet Accessory buildings front two-thirds of a lot and 12 one-third of a lot. 21 feet on the feet on the rear For Schools, Churches, and Hospitals in t[~e R6, Residen- tial District, the height requirements may be increased by not more than 50 per cent of the stated height limitations, provided all tile oth~ requirements for the R6, Residential District, are complied with and provided the total floor area of the structure above grade does not exceed the total area of the lot upon which the building is located. ~iR~ere this 1:1 ratio is not possible, the maximum height require- ments as stated for R6, Residential District, shall not be exceeded. Series Series K. Minimum Distance between Buildings There shall be at least 10 feet of space between all principal buildings, whether detached buildings or connecting buildings. SECTION 2: SECTION IV-T, TOURIST DISTRICT, Ordinance No.6, of 1956, shall be and is hereby amended to read as follows: Do Minimum Front Yard Principal buildings 10 feet Accessory buildings . 15 feet E. Minimum Side Yard Principal buildings . 5 feet Accessory buildings 5 feet F. Minimum Rear Yard Principal buildings 10 feet Accessory buildings 5 feet J. Maximum Heisbt of Buildings Principal buildings Accessory buildings front ~vo-thirds of a one-third of a lot. 25 feet 21 feet on the lot and 12 feet on the rear For all uses in the T, Tourist District, the maximum height requirements may be increased by not more than 50 per cent of the stated height limitations provided all other requirements for this district are complied with and provided the total floor area of the structure above grade does not exceed the total area of the lot on which the building is located. ~ere this 1:1 ratio is not possible, the maximum height requirements are stated for the T, Tourist District shall not be exceeded. Ko Minimum Distance Between Buildings Tbere shall be at least i0 feet of space betweeen all principal buildings, whether detached buildings or connecting buildings. SECTION 3: SECTION V-B,BUSINESS DISTRICT, Ordinance No. 6, of 1956, shall be and is hereby amended to read as follows: A. Uses Permitted 1. Any use permitted in tbe R6 and T District~ subject to all use requirements specified for such districts unless otherwise stated herein. -2- F. Minimum Rear Yard Principal buildings Accessory buildings 10 feet 10 feet J. Maximum Height of Buildings For all uses in the B, Business District, there shall be no maximum height requirements provided all other requirements for this district are complied with and provided the total floor area of the structure above grade does not exceed two and one-half times the total area of the lot on which the building is located. SECTION 4: SECTION VI-U, UNRESTRICTED DISTRICT, Ordinance No. 6, Series of 1956, sball be and is hereby amended to read as follows: J. Maximum Height of Buildings 25 feet SECTION 5: SECTION VII-SUPPLMMENTARY REGULATIONS, Ordinance No. 6, Series of 1956, shall be and is hereby amended to read as follows: Ao Uses Permitted Ail service yards shall be screened from the ground to 6 feet above grade. Ail ~el storage tanks shall be completely buried beneath the surface of the ground. Illumination uses any light used to illuminate signs, 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. Signs in addition to ot~er requirements of tl~is ordinance, all signs for identification or outdoor advertising purposes shall comply with the following conditions: 1. No sign shall be located so that safety of a moving vehicle will be impaired by dis- tracting the vision of the driver of the vehicle. 2. No sign shall project into a public right- of-way except as permitted in Paragraph No. 3. 3. Identification signs shall identify a business or principal authorized ~se on the premises where the sign is located: -3- Free Standing Signs shall be limited to one sign per principal use, not exceeding 10 square feet. Such signs shall not exceed 12 feet in height as measured from grade. Projecting Signs shall be permitted in the B, Business District only. Such signs shall be a minimum of 8 feet from the ground and shall not extend more than 4 feet from the wall or roof line of the building into the sidewalk right-of- way, nor into an alley, shall not exceed 10 square feet in area per sign, and the total area of all signs per building shall not be more than one square foot of sign per 5 feet of building frontage. E. Fo Wall Signs shall be limited to those signs not extending more than 12 inches in height per letter and not exceeding 30 linear feet per sign, and those signs painted directly on a bearing wall, provided that such signs include letters only and do not exceed 10 square feet on any one wall. 4. The color of the signs shall not cause con- fusion with traffic signs or signals. 5. Signs shall be kept in good repair and be properly maintained. 6. No flashing-light signs shall be pemmitted, and gas-filled light tubes shall be used in signs only for indirect lighting in such manner that the light tubes are not exposed to view. 7. No exterior signs shall be permitted except as expressly authorized under this zoning ordinance and sign permits shall be obtained from the build- ing inspector in accordance with the provisions as stated in Section XII - ENFORCEMENT -B. Sign Permits. In cases where the ordinance does not apply, in hard- ship cases and others which the building inspector questions, approval shall be obtained from the Board of Adjustment. In such cases the Board of Adjust- ment before taking action may refer the application to the Planning Commission for their review and recommendations. Minimum Yards No part of a yard required for any building for the purpose of complying with the provisions of this ordinance shall be ind~ded as a yard for another build- ing, and all yards shall be open and unobstructed except as otherwise provided herein: 1. Architectural features cornices, canopies, -4 - Series of balconies, eaves or similar architectural features may extend into a required yard not more than 2 feet. 2. Fire escapes fire escapes may extend into a required yard not more than 4 feet. Patio's and fences . are permitted provided the patios are unenclosed, and the fences do not exceed 6 feet in height. For fences at corners, See Section III,Paragraph A, sub- paragraph 10. J. Maximum Height of Buildings The maximum height of buildings shall be measured, from finished grade, being the established grade, if any, otherwise being the average ground level of the lowest and the nighest level of the structure including elevator shafts, water tanks and air conditioning machinery, but not including chimneys and vents. Section 6: Section IX - BUILDING REVIEW, Ordinance No. 6, 1956, shall be and is hereby amended to read as follows: A. Purpose With the purpose of conserving the value of build- ings and encouraging the most appropriate use of land throughout the City of Aspen, the Board of Adjustment shall review all building and sign permits where the character of the proposed construction might be so at variance with the established exterior architectural appeal and functional plan of the structures already lo- cated in the neighborhood as to depreciate the value of such established buildings. The Board of Adjustment s~mll restrict its review in each case to the effect of the proposed construction on the health, safety, morals, and general welfare of the City of Aspen, keeping parti- cularly in mind the unique characteristics of existing structures which have established special land values and prosperity for the entire community. B. Method of Review After receiving site plans, floor plans, and exterior elevations of the proposed structure, viewing the site on which such construction is proposed to be placed, and notifying the applicant of the time and place of a hearing on such subject, the Board of Adjustment shall either approve, disapprove, or approve subject to certain conditions~ any application which may require - 5 - such building review. For each case the Board of Adjust- ment before taking action may refer the application to the Planning Commission for their review and recommenda- tions, and the Board of Adjustment may (when considered desirable)obtain testimony from architects or other qualified technical personnel on the effect of the pro- posed construction on established land values. SECTION 7: Section X - BOARD OF ADJUSTMENT, VARIANCES, Ordinance No. 6, Series of 1956, shall be and is hereby amended to read as follows: B. Procedure 3. For applications for variances relating to the use requirements of this ordinance, a fee of $20.00 shall be charged to cover the cost of ad- vertising and processing. For all other applications a fee of $10.00 shall be charged to cover such costs. 5. Whenever the Board of Adjustment shall act on matters required by Section VII o SUPPLEMENTARY REGU- LATIONS - paragraph A. Uses Permitted, subheading "Signs", subparagraph 7, and matters involving Sec- tion IX - BUILDING REVIEW- the Board of Adjustment may first refer such applications for a variance to the Planning Commission for their review and recom- mendations. SECTION 8: Section XI - AMENDMENTS - Paragraph B. Special Procedure, subparagraph 3, Ordinance No. 6, Series of 1956, shall be and is hereby amended to read as follows: 3. For proposed amendments to the "Zoning District Map" a fee of $30.00 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. SECTION ~: SECTION XII - ENFORCEMENT, Ordinance No. 6, Series of 1956, shall be and is hereby amended to mad as follows: B. Sign Permits It shall be unlawful to erect, construct, recons- truct, alter, paint or repaint or change the use of any structure, wall, marquee, or any piece of work composed of parts joined together in some definite manner which are to be used as a sign or picture to convey or direct a message to the general public without first obtaining a sign permit; providing, 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. - 6 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. SECTION 10: SECTION XIV - DEFINITIONS, Ordinance No. ~, Series of 1956, shall be and is hereby amended to read as follows: GG. Service Yard A Service Yard shall be any area utilized to provide space for garden tools, hanging of laundry, garbage cans, trash collection, piling of refuse to be disposed of elsewhere, or areas utilized for similar purposes. SECTION 11: REPEAL. That those portions of said Ordinance No. 6, Series of 1956, finally adopted and approved July 2, 1956, by the City Council for the City of Aspen, shall be and are hereby expressly repealed: SECTION III - R6, Residential District: Paragraphs D, E and F; SECTION IV - T, TOURIST DISTRICT, Paragraphs D, E and F; SECTION V - B, BUSINESS DISTRICT: Paragraph A, Sub- paragraph 1; SECTION VII - SUPPLEMENTARY REGULATIONS: Paragraph A; SECTION IX - BUILDING REVIEW: Paragraphs A and B; SECTION X BOARD OF ADJUSTMENT, VARIANCES: Para- graph B, Sub-paragraph 3. SECTION XI - AMENDMENTS: Paragraph B, Sub-paragraph 3. Series of remain in SECTION 12. Those portions of said Ordinance No. 6, 1956, not repealed by Section 11 of this Ordinance shall full force and effect. SECTION 13. VALIDITY. Should any section, clause, or provision of this Ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Ordinance as ~ole or any part thereof other than the part so declared to be invalid. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of Aspen, Colorado, at its regular meeting held at said City of Aspen, on this ~?~h day of October, 1960. ATTF.9T: ? /~CITY CLERK of FINALLY passed, adopted and approved on this j-~ day /L~-~¥/%_~, A. D. 1960. ATTEST: ' '" CITY CLERK MAYOR STATE OF COLORADO ) ) COUNTY OF PITKIN ) SS. I, DOROTHY HOFFMANN, as City Clerk of the City of Aspen, Colorado, do hereby certify that the above and foregoing Ordinance was introduced, real in full and passed first reading at the regular meeting of the City Council held October 2~, 1960, and published in The Aspe~ Times, a weekly newspaper of general circulation published at the Czty of Aspen, Colorado, in its is.~ue of ~'~/t , 1960, and was finally adopted and approved on /z~.~ ~ ~" , 1960, and was drde~d published as Ordinance No. /f~ (Series of 1960) of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto--set my hand and the ~ seal of the City of Aspen, Colorado, thzs ~ ~ day of ~~/ A. D. 1960.