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HomeMy WebLinkAboutordinance.council.012-07 Ordinance No. 12 (Series of 2007) AN ORDINANCE THE CITY OF ASPEN CITY COUNCIL APPROVING CODE AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.104.100 - DEFINITIONS; 26.208- CITY COUNCIL; 26.210.020 - DIRECTOR OF COMMUNITY DEVELOPMENT DEPARTMENT; 26.212.010- POWERS AND DUTIES; 26.212.050 - QUORUM AND NECESSARY VOTE; 26.216.010 - POWERS AND DUTIES; 26.216.050 - QUORUM AND NECESSARY VOTE; 26.220.050 - QUORUM AND NECESSARY VOTE; 26.222 - ADMINISTRATIVE HEARING OFFICER; 26.304.075(B)(I) - BUILDING PERMIT; 26.306.010 - INTERPRETATION; 26.310.020(B) - STEPS REQUIRED; 26.312.020(F) - ABANDONMENT OR DISTONTINUANCE; 26.312.020(G)- DEMOLITION OR DESTRUCTION; 26.314.040 - STANDARDS APPLICABLE TO VARIANCES, 26.316.020 - AUTHORITY; 26.316.030(F) - ACTION BY A DECISION-MAKING BODY HEARING THE APPEAL; 26.430.040(C) - REDUCTION OF OPEN SPACE REQUIREMENT IN THE COMMERCIAL CORE (CC) ZONE DISTRICT; 26.430.040 - REVIEW STANDARDS FOR SPECIAL REVIEW; 26.435.050(C) - MOUNTAIN VIEW PLANE REVIEW STANDARDS; 26.435.060(C) - HALLAM LAKE BLUFF REVIEW STANDARDS; 26.445.050(E) - ARCHITECTURAL CHARACTER; CHAPTER 26.450 - TEMPORARY USES; 26.450.050(A) - DURATION; 26.450.060 - PROCEDURE FOR TEMPORARY USE APPROVAL; 26.480.050(A) - GENERAL RE- QUIREMENTS; 26.480.050(B) - SUITABILITY OF LAND FOR SUBDIVISION; 26.520.020 - GENERAL; 26.575.020(A) - FLOOR AREA; 26.575.040(A) - PROJECTIONS INTO YARDS; 26.575.040(C) - CORNER LOTS; 26.575.050- FENCES; 26.575.060 - UTILITYITRASH/RECYCLE SERVICE AREAS; 26.575.210 - SHORT TERM RENTALS; AND, 26.575.220 - LODGE OCCUPANCY AUDIT. WHEREAS, the City Council of the City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Land Use Code; and, WHEREAS, the amendments requested relate to the following Chapters and Sections of the Land Use Code, Title 26 of the Aspen Municipal Code: 26.104.100 - Definitions 26.208- CITY COUNCIL 26.210.020 - Director of Community Development Department 26.212.010 - Powers and duties 26.212.050 - Quorum and necessary vote 26.216.010 - Powers and duties 26.216.050 -Quorum and necessary vote 26.220.050 - Quorum and necessary vote 26.222 - Administrative Hearing Officer 26.304.075(B)(l) - Building Permit 26.306.0 I 0 - Interpretation 26.310.020(B) - Steps Required 26.312.020(F) - Abandonment or discontinuance 26.312.020(G) - Demolition or destruction 26.314.040 - Standards applicable to variances 26.316.020 - Authority 26.316.030(F) - Action by a decision-making body hearing the appeal 26.430.040(C) - Reduction of open space requirement in the Commercial Core (CC) zone district 26.430.040 - Review Standards for Special Review 26.435.050(C) - Mountain view plane review standards 26.435.060(C) - Hallam Lake Bluffreview standards 26.445.050(E) - Architectural Character Chapter 26.450 - TEMPORARY USES 26.450.050(A) - Duration 26.450.060 - Procedure for temporary use approval 26.480.050(A) - General Requirements 26.480.050(B) - Suitability ofland for subdivision 26.520.020 - General 26.575.020(A) - Floor Area 26.575.030 - Pedestrian Amenity 26.575.040(A) - Projections into yards 26.575.040(C) - Comer Lots 26.575.050 - Fences; 26.575.060- Utility/TrashlRecycie Service Areas; and 26.575.220 - Lodge Occupancy Auditing WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with condi- tions, or denial by the Community Development Director and then by the Planning and Zon- ing Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director recommended approval of the proposed amendments, as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the above noted Chapters and Sections on March 27, 2007, April 2, 2007, April 9, 2007, and April 10, 2007 took and considered public testi- mony and the recommendation of the Community Development Director and recom- mended, by a five to zero (5-0) vote, City Council adopt the proposed amendments to the land use code by amending the text of the above noted Chapters and Sections of the Land Use Code, as described herein. WHEREAS, the Aspen City Council has reviewed and considered the recommended changes to the Land Use Code under the applicable provisions of the Municipal Code identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the proposed text amendments to the Land Use Code meet or exceed all applicable standards and that the approval of the proposal is consistent with the goals and elements ofthe Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Section 26.104.100 - Definitions, which defines important land use terms, shall be amended to add the following definitions: Adjacent parcel. Sharing all or part of one common lot line with another lot or parcel of land, or would share all or part of one common lot line if not for the separation caused by a street, alley, sidewalk, railroad right-of-way, utility line, trail, or irrigation ditch. Landscape Terrace. An uncovered, at-grade space which may be paved or planted. Section 2: Section 26.1 04.1 00 - Definitions, which defines important land use terms, shall be amended to delete the following definitions: Boardinghouse. A building or portion thereof, other than a hotel, lodge or multiple family dwelling, providing temporary or long-term lodging for six (6) or more guests, serving meals to those guests on a continuing basis for compensation, and having a manager residing on the premises, but not providing a restaurant or bar, or accessory uses, such as recreational facili- ties, typically associated with a hotel or lodge. Demolition, partial. To raze, disassemble, tear down or destroy less than fifty (50) percent of an existing structure as measured by exterior surface wall area. Partial demolition shall consti- tute demolition if intended or undertaken in sequence or periodically to ultimately raze, disas- semble, or destroy fifty (50) percent or more of a structure. Section 3: Section 26.104.100 - Definitions, which defines important land use terms, shall be amended to amend the following definitions to read as follows: Bed and breakfast. A single-family dwelling used as a commercial lodging establishment for temporary guests, other than a hotel or lodge, and which contains no more than twelve (12) guest rooms, , and is operated by an on-site resident manager or owner. This shall include all uses formerly known as boarding houses. The dimensions for a bed and breakfast shall meet those for a single-family home in the zone district. Dwelling, duplex. A residential building on a single lot or parcel comprised of two (2) at- tached units in either an over-and-under or side-by-side configuration having a common un- pierced above-grade wall of at least one story in height and ten (10) feet in length, or a com- mon un-pierced wall/ceiling as applicable. Each unit in the duplex shall contain no less than twenty-five (25) percent of the total floor area of the duplex structure. Eave point. The point in the roof plane of a structure or building which intersects with the ex- terior wall surface. (See drawing, below). Eave Point / Non-Unit Space. The floor area within a lodge, hotel, or mixed-use building that is commonly shared such as lobbies, hallways, stairways, recreational areas, and dining rooms. Section 4: Section 26.208 - City Council, which outlines the administration of City Council, shall be amended to read as follows: Chapter 26.208 CITY COUNCIL 26.208.010 Powers and duties. In addition to any authority granted by state law or the Municipal Code of the City of Aspen, Colorado, the City Council shall have the following powers and duties: A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310; B. To hear, review, and adopt amendments to the text of this Title after recommendation by the commission, pursuant to Chapter 26.310; C. To initiate amendments to the official zone district map, pursuant to Chapter 26.310; D. To hear, review, and adopt amendments to the official zone district map after recommendation by the Planning and Zoning Commission, pursuant to Chapter 26.310; E. To hear, review, and adopt a conceptual development plan and a final development plan for specially planned areas (SPA), after recommendations ofthe Planning and Zoning Commission, pursuant to Chapter 26.440; F. To hear, review, and adopt a conceptual development plan and a final development plan for a planned unit development (PUD), pursuant to Chapter 26.445; G. To hear, review, and designate H, Historic Overlay Districts and historic landmarks, after recommendation from the Planning and Zoning Commission and the Historic Preservation Commission, pursuant to Chapter 26.420; H. To review appeals from decisions of the Historic Preservation Commission approving, conditionally approving or disapproving a development application for development or demolition of a historic landmark or a development application for development or demolition in a H, Historic Overlay District pursuant to Chapter 26.415; I. To adopt by resolution or ordinance any plans, guidelines, or documents that will be used in a guiding or regulatory capacity by the city. How the material shall be used in relation to the AACP, land use development, and planning shall be described in the content ofthe resolution or ordinance. Specifically, there shall be a determina- tion of whether the document will be used as a guiding or regulatory document. When used as a guiding document ofthe city it shall be adopted by resolution and when used as a regulatory document it shall be adopted by ordinance. Any plans, guidelines or documents that are adopted by resolution or ordinance shall not be adopted until notice is provided as outlined in Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or Documents; J. To hear appeals from decisions of decision-making bodies as enabled in each Chapter of this Title; K. To approve development applications and grant development allotments as required by Chapter 26.470, Growth Management Quota System; L. To hear appeals from interpretations made by the planning director regarding the text of this Title and the boundaries of the official zone district map, pursuant to Chapter 26.306; M. To hear, review, and approve, approve with conditions, or disapprove a plat for subdivision, after recommendation from the Planning and Zoning Commission pursuant to Chapter 26.480; N. To determine if a development proposal is reasonably necessary for the convenience and welfare of the public, pursuant to Section 26.500.040, and thereafter review such proposal in accordance with Section 26.500.050(B); O. To create a Transferable Development Right in accordance with Chapter 26.535; and P. To take such other actions not delegated to the Planning and Zoning Commission, the Historic Preservation Commission, the Board of Adjustment, or the Director of the Community Development Department, as the City Council may deem desirable and necessary to implement the provisions of this Title. 26.208.020 Quorum and necessary vote. In accordance with the City Charter, any action by Council that places any burden upon or limits the use of private property, shall be by ordinance and shall require the affirmative vote of a majority of the entire City Council for final passage. Resolutions and motions shall require the affirmative vote of a majority of the members present. A motion for the adoption of an ordinance that receives less than a majority of three (3) votes in favor shall constitute a failed motion and shall not be considered action. A tie vote on a motion shall be considered a failed motion and shall not be considered action. For Applications where action is required to be taken by the City Council and the vote is tied, the Application shall remain pending until action is taken. Section 5: Section 26.210.020 - Director of Community Development Department, which outlines the powers and duties ofthe Community Development Department, shall be amended to read as follows: 26.210.020 Director of Community Development Department. A. Creation and Appointment. The Community Development Director shall be the agency head ofthe Community Development Department and shall be appointed by and serve at the pleasure of the City Manager. B. Jurisdiction, Authority and Duties. In addition to the jurisdiction, authority and duties which may be conferred upon the Community Development Department Director by other provisions of the Municipal Code of the City of Aspen, Colorado, the Community Develop- ment Department Director shall have the following jurisdiction, authority and duties: I. To serve as staff to the City Council, to provide such body with planning and tech- nical assistance and to inform such body of all facts and information available with re- spect to development applications or any other matters brought before it; 2. To serve as staff to the Planning and Zoning Commission, to provide such body with planning and technical assistance and to inform such body of all facts and infor- mation available with respect to development applications or any other matters brought before it; 3. To serve as staff to the Historic Preservation Commission, to provide such body with planning and technical assistance, to inform such body of all facts and informa- tion available with respect to development applications or any other matters brought before it and to inform such body regarding historic preservation items being heard by other city boards in advance of those hearings; 4. To serve as staff to the Board of Adjustment and other decision making bodies es- tablished by this Title and to inform such bodies of all facts and information available with respect to development applications or any other matters brought before it; 5. To serve as staff to the Administrative Hearing Officer, to provide such officer with planning and technical assistance and to inform such officer of all facts and in- formation available with respect to appeals of decisions made by an administrative official or any other matters brought before it. 6. To render interpretations of this Title or the boundaries of the official zone district map pursuant to Chapter 26.306; 7. To enforce any provision ofthis Title or any other provision of the Municipal Code of the City of Aspen; 8. To establish such rules of procedure necessary for the administration of the Com- munity Development Department Director's responsibilities; 9. To exempt development within a H, Historic Overlay District in accordance with Chapter 26.415; 10. To approve minor modifications to a development order for development or demo- lition within a H, Historic Overlay District in accordance with Chapter 26.415; 11. To exempt development in an environmentally sensitive area (ESA) in accordance with Chapter 26.435; 12. To exempt development which is subject to special review in accordance with Chapter 26.430; 13. To approve, approve with conditions, or deny development subject to GMQS ad- ministrative approval in accordance with Chapter 26.470; 14. To score growth management applications in accordance with Chapter 26.470; 15. To approve development subject to Subdivision administrative approval in accor- dance with Chapter 26.480; 16. To approve development subject to Specially Planned Area administrative ap- proval in accordance with Chapter 26.440; 17. To approve development subject to Planned Unit Development administrative ap- proval in accordance with Chapter 26.445; 18. To undertake all other general comprehensive planning responsibilities; 19. To initiate amendments to the text of this Title or to the Official Zone District Map, pursuant to Section 26.310; 20. To administer the land use application fee policy, bill applicants accordingly to said policy, to take such actions deemed necessary in withholding development orders or issuing stop work orders upon nonpayment of review fees, and to waive any fees, or portions thereof, upon request according to said policy; 21. To approve, approve with conditions, or deny development subject to Chapter 26.520 - Accessory Dwelling Units and Carriage Houses; and, 22. To extinguish a Transferable Development Right in accordance with Chapter 26.535. Section 6: Section 26.212.010 - Powers and Duties, which outlines the powers and duties ofthe Planning and Zoning Commission, shall be amended to read as follows: 26.212.010 Powers and duties. In addition to any authority granted the Planning and Zoning Commission (hereinafter "commission") by state law or the Municipal Code of the City of Aspen, Colorado, the commission shall have the following powers and duties: A. To initiate amendments to the text of this title, pursuant to Chapter 26.310; B. To review and make recommendations of approval or disapproval of amendments to the text of this title, pursuant to Chapter 26.310; C. To initiate amendments to the official zone district map, pursuant to Chapter 26.310; D. To review and make recommendations of approval, approval with conditions, or dis- approval to the City Council in regard to amendments ofthe official zone district map, pursuant to Chapter 26.310; E. To review and make recommendations of approval, approval with conditions, or dis- approval to the City Council on a conceptual development plan and final development plan for planned unit development (PUD), pursuant to Chapter 26.445; F. To review and make recommendations of approval, approval with conditions, or dis- approval to the City Council on adoption of a conceptual development plan and final development plan or specially planned areas (SPA), pursuant to Chapter 26.440; G. To review and grant allotments for residential, office and commercial, and lodge pur- suant to growth management quota system (GMQS), pursuant to Chapter 26.470; H. To make determinations of exemptions from the growth management quota system (GMQS), pursuant to Chapter 26.470; I. To hear, review and recommend approval, approval with conditions, or disapproval of a plat for subdivision, pursuant to Chapter 26.480; J. To hear and approve, approve with conditions, or disapprove conditional uses pursuant to Chapter 26.425; K. To hear and approve, approve with conditions, or disapprove development subject to special review, pursuant to Chapter 26.430; L. To hear and approve, approve with conditions, or disapprove development in environ- mentally sensitive areas (ESA), pursuant to Chapter 26.435; M. To make its special knowledge and expertise available upon reasonable written request and authorization ofthe City Council to any official, department, board commission or agency of the City of Aspen, Pitkin County, State of Colorado, or the federal govern- ment; and N. To adopt such rules of procedure necessary for the administration of its responsibilities not inconsistent with this title; O. To grant variances from the provisions ofthis Title when a consolidated application is presented to the commission for review and approval pursuant to Chapter 26.314; P. To hear, review and approve variances to the Residential Design Guidelines, pursuant to Chapter 26.410; Q. To hear and decide appeals from, and review any order, requirement, decision, or de- termination made by, any administrative official charged with the enforcement of Chapter 26.41 0, including appeals of interpretation ofthe text of the Residential De- sign Standards. The commission may only grant relief from the Residential Design Standards. A variance from the Residential Design Standards does not grant an ap- proval to vary other standards of this Chapter that may be provided by another deci- sion making administrative body; and R. To adopt by resolution any plans, guidelines, or documents that will be used in a guiding capacity by the Commission or, ifto be used in a regulatory capacity, to recommend via resolution adoption of any plans, guidelines, or documents by the City Council. How the material shall be used in relation to the AACP, land use development, and planning shall be described in the content of the resolution. Specifically, there shall be a determi- nation of whether the document will be used as a guiding or regulatory document. When a plan, guideline, or document is to serve as a regulatory document as determined by the Commission, the resolution shall include a recommendation to the City Council for adoption of the document by ordinance. Any plans, guidelines or documents that are adopted by resolution shall not be adopted until notice is provided as outlined in Section 26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or Docu- ments. Section 7: Section 26.212.050 - Quorum and necessary vote, which outlines the required quorum and votes of the Planning and Zoning Commission in order to hold a meeting and take action, shall be amended to read as follows: 26.212.050 Quorum and necessary vote. No meeting ofthe commission may be called to order without a quorum consisting of at least four (4) members of the commission being present. No meeting at which less than a quorum shall be present shall conduct any business other than to continue the agenda items to a date certain. All actions shall require the concurring vote of a simple majority, but in no event less than three (3) concurring votes, of the members of the commission then present and voting. A motion receiving less than a majority of votes in favor or less than three (3) concurring votes shall constitute a failed motion and shall not be considered action. A tie vote on a mo- tion shall be considered a failed motion and shall not be considered action. For Applications where action is required, the Application shall remain pending until action is taken. Section 8: Section 26.216.010 - Powers and Duties, which outlines the powers and duties of the Board of Adjustment, shall be amended to read as follows: 26.216.010 Powers and duties. In addition to any authority granted the Board of Adjustment (hereinafter "board") by state law or the Municipal Code of the City of Aspen, Colorado, the board shall have the following powers and duties: A. To hear, review and approve variances, not including variances to allowable FAR or height, to the terms of these regulations, pursuant to Chapter 26.314. Section 9: Section 26.216.050 - Quorum and necessary vote, which outlines the required quorum and votes of the Board of Adjustment in order to hold a meeting and take action, shall be amended to read as follows: 26.216.050 Quorum and necessary vote. No meeting of the board shall be called to order without a quorum consisting of at least four (4) members of the board being present. No meeting at which less than a quorum shall be pre- sent shall conduct any business other than to continue the agenda items to a date certain. The concurring vote of four (4) members of the board then present and voting shall be re- quired to decide any appeal, reverse any order, requirement, decision or determination made by an administrative official charged with the enforcement ofthe Title or to approve any vari- ance to the terms of these regulations. All other actions shall require the concurring vote of a simple majority, but in no event less than three (3) concurring votes, of the members of the board then present and voting. A motion receiving less than a majority of votes in favor or less than three (3) concurring votes shall constitute a failed motion and shall not be considered action. A tie vote on a mo- tion shall be considered a failed motion and shall not be considered action. For Applications where action is required, the Application shall remain pending until action is taken. Section 10: Section 26.220.050 - Quorum and necessary vote, which outlines the required quorum and votes ofthe Historic Preservation Commission in order to hold a meeting and take action, shall be amended to read as follows: 26.220.050 Quorum and necessary vote. No meeting ofthe commission shall be called to order without a quorum consisting of at least four (4) members being present. No meeting at which less than a quorum shall be present shall conduct any business other than to continue the agenda items to a date certain. All actions shall require the concurring vote of a simple majority, but in no event less than three (3) con- curring votes, of the members of the commission then present and voting. A motion receiving less than a majority of votes in favor or less than three (3) concurring votes shall constitute a failed motion and shall not be considered action. A tie vote on a mo- tion shall be considered a failed motion and shall not be considered action. For Applications where action is required, the Application shall remain pending until action is taken. Section 11; Section 26.200 of the Municipal Code shall be amended to add Section 26.222, Administra- tive Hearing Officer, which outlines Administration of Decision Making Bodies, and shall read as follows: Chapter 26.222 ADMINISTRATIVE HEARING OFFICER Sections: 26.222.010 Powers and duties. 26.222.020 Qualifications for membership. 26.222.030 Membership--Appointment, removal, terms and vacancies. 26.222.040 Staff. 26.222.050 Decisions. 26.222.060 Meetings, hearings and procedure. 26.222.010 Powers and duties. In addition to any authority granted the Administrative Heating Officer (hereinafter "officer") by state law or the Municipal Code of the City of Aspen, Colorado, the officer shall have the following powers and duties: A. To hear and decide appeals from, and review any order, requirement, decision, or determination made by, any administrative official charged with the enforcement ofthis title, pursuant to Chapter 26.316, except for appeals of interpretation of the text ofthis title or the boundaries ofthe zone district map which shall be heard and decided by the City Council, and, except as otherwise specifically provided in this title. 26.222.020 Qualifications for membership. A. The Administrative Hearing Officer shall be a qualified elector in the City of Aspen and a resident ofthe city for one (I) year prior to appointment. No member ofthe City Coun- cil, the Mayor, a city employee or any appointed city official shall serve as the officer. 26.222.030 Membership--Appointment, removal, terms and vacancies. A. At least one (1) Administrative Hearing Officer shall be appointed by the City Coun- cil. The City Council may appoint more than one (I) officer as City Council deems necessary. B. All officers serve at the pleasure of the City Council and may be removed for cause prior to the expiration oftheir appointment by a majority vote ofthe City Council. Cause may include, but is not limited to, the following: the member is no longer a qualified elector, or the member while in office is convicted of a felony or an offense involving moral turpitude. C. All officers shall serve a term of four (4) years. There shall be no restraint on the num- ber of terms any officer may serve. D. The officer may administer oaths, shall be in charge of all proceedings before the offi- cer, shall decide all points of order on procedure, and shall take such action as shall be neces- sary to preserve the order and the integrity of all proceedings before them. E. The secretary for all matters heard by the officer shall be the City Clerk or the City Clerk's designee. The secretary shall keep the minutes, and shall maintain the files of all stud- ies, plans, reports, recommendations and development decisions by the officer. F. Administrative Hearing Officers shall serve without compensation. 26.222.040 Staff. A. The Community Development Department shall be the professional staff of the offi- cer. 26.216.050 Decisions. A. The Administrative Hearing Officer shall render a decision within ten (10) work- ing days of the close of a hearing. The officer may approve, approve with conditions, or deny a development application. All decisions shall be placed in the public record with the Pitkin County Clerk and Recorder and shall be available to the public. 26.216.060 Meetings, hearings and procedure. A. Meetings of the Administrative Hearing Officer shall be held as required. B. All meetings and hearings shall be open to the public. C. Public hearings shall be set for a date and time certain. Section 12: Section 26.304.075(B)(l) - Processing, which outlines the requirements for a project to re- ceive a building permit, shall be amended to read as follows: 26.304.075 Building Permit. B. Processing. 1. Complies with the International Building Code and other applicable construction codes; Section 13: Section 26.306.010 - Interpretation, which outlines authority of the Community Develop- ment Director to make interpretations, shall be amended to read as follows: 26.306.010 Interpretation. A. Authority. The Community Development Director shall have the authority to make all in- terpretations ofthe text of this Title and the boundaries of the zone district map. B. Initiation. An interpretation may be requested by any affected person, any resident or real property owner in the City of Aspen, or any person having a contractual interest in real prop- erty in the City of Aspen. The Community Development Director shall have the authority to initiate interpretations of Title 26. C. Procedures. I. Submission of request for interpretation. Before an interpretation shall be provided by the Community Development Director, a request for interpretation shall be submit- ted to the Community Development Director. 2. Determination of completeness. Within fifteen (15) days after a request for interpre- tation has been received, the Community Development Director shall determine whether the request is complete. If the Community Development Director determines the request is not complete, he shall serve a written notice on the applicant specifying the deficiencies. The Community Development Director shall take no further action on the request for interpretation until the deficiencies are remedied. 3. Rendering of interpretation. After the request for interpretation has been determined complete, the Community Development Director shall render an interpretation within fifteen (15) days. The Community Development Director may consult with the City Attorney and review this Title and the zone district map, whichever is applicable, be- fore rendering an interpretation. D. Form. The interpretation shall be in writing and shall be sent to the applicant by certified mail. E. Official record. The Community Development Director shall maintain an official record of all interpretations in the Community Development Department, which shall be available for public inspection during normal business hours. Once an interpretation is rendered, public no- tice describing the interpretation shall be published in the legal notice section of an official paper or a paper of general circulation in the City of Aspen. Such notice shall be provided within fifteen (15) days ofthe interpretation being rendered, and shall be substantially in the following form: "A code interpretation to Section 26.xx.xx of the City of Aspen Land Use Code, requested by xx, was rendered on xx/xx/xx and is available for public inspection in the Community Development Department." F. Appeal. Any person who has made a request for interpretation may appeal the interpretation of the Community Development Director to the City Council in accordance with the appeal procedures set forth at Chapter 26.316. Section 14: Section 26.310.020 (B) - Steps Required, which outlines the required steps for a Land Use Code Amendment, shall be amended to read as follows: B. Steps Required: Unless initiated by the City Council in accordance with subsection C below, two steps are required: (a) a public hearing before the Planning and Zoning Commis- sion, and (b) a public hearing before the City Council. 1. Step One - Public Hearing before Planning and Zoning Commission. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements for a privately initiated amendment to the official zone district map: Publication, mailing, and posting. (See section 26.304.060(E)(3)(a)(b)(c)). Notice requirements for an amendment to the official zone district map initiated by the city: Publication, mailing to property owners that are subject to the rezoning application at least fifteen (15) days prior to the public hearing. Notice requirements for an amendment to the Land Use Code: Publication pursu- ant to section 26.304.060(E)(3)(a). 2. Step Two - Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements for a privately initiated amendment to the official zone district map: Publication, mailing, and posting (See section 26.304.060(E)(3)(a)(b)(c) in addition to the requisite notice requirements for adoption of an ordinance by City Council. Notice requirements for an amendment to the official zone district map initiated by the city: Publication, mailing to property owners that are subject to the rezoning application at least fifteen (15) days prior to the public hearing in addition to the requisite notice requirements for adoption of an ordinance by City Council. Notice requirements for an amendment to the Land Use Code: Publication pursu- ant to section 26.304.060(E)(3)(a) in addition to the requisite notice requirements for adoption of an ordinance by City Council. Section 15: Section 26.312.020(F) - Abandonment or discontinuance, which outlines the ability of a non-conforming use to be restored following an abandonment or discontinuance, shall be amended to read as follows: F. Abandonment or discontinuance. The intent ofthe owner notwithstanding, where a non- conforming use of land or nonconforming use of structure is discontinued or abandoned for twelve (12) consecutive months, then such use may not be reestablished or resumed, and any subsequent use must conform to the provisions of this Title. Any nonconforming use not asso- ciated with a structure may not be restored after discontinuance period of more than thirty (30) days. Section 16: Section 26.312.020(G) - Demolition or destruction, which outlines the ability of a non- conforming use to be restored following demolition or destruction of a structure, shall be amended to read as follows: G. Demolition or destruction. 1. Ability to restore. Any nonconforming use located in a structure which is pur- posefully demolished, pursuant to the definition of Demolition, may not be contin- ued or restored. Any nonconforming use located in a structure undergoing construc- tion, which does not constitute a Demolition, has an approved development order and an approved building permit shall not be considered discontinued. 2. Non-willful destruction. Any nonconforming use which is demolished or de- stroyed by an act of nature or through any manner not purposefully accomplished by the owner may be restored as of right, regardless of the extent of demolition or de- struction, if a building permit for reconstruction is issued within twelve (12) months of the date of demolition or destruction. Section 17: Section 26.314.040 - Standards applicable to variances, which outlines the review criteria required to grant a variance, shall be amended to read as follows: 26.314.040 Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements of Title 26, the appro- priate decision making body shall make a finding that the following three (3) circumstances exist: I. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and this Title; 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and 3. Literal interpretation and enforcement of the terms and provisions ofthis Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone dis- trict, and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or build- ings in the same zone district and which do not result from the actions ofthe appli- cant; or b. Granting the variance will not confer upon the applicant any special privilege de- nied by the Aspen Area Community Plan and the terms of this Title to other par- cels, buildings, or structures, in the same zone district. B. In order to authorize a variance from the permitted uses of Title 26, the appropriate deci- sion making body shall make a finding that all of the following circumstances exist: I. Notice by publication, mailing and posting ofthe proposed variance has been provided to surrounding property owners in accordance with section 26.304.060(E)(3)(a)--(c). 2. A variance is the only reasonable method by which to afford the applicant relief and to deny a variance would cause the applicant unnecessary hardship such that the property would be rendered practically undevelopable, as distinguished from mere inconven- Ience. 3. The temporary off-site storage or construction staging can be undertaken in such a manner so as to minimize disruption, if any, of normal neighborhood activities sur- rounding the subject parcel. 4. If ownership ofthe off-site parcel subject to the proposed variance is not vested in the applicant, then verified written authorization of the parcel's owner must be provided. 5. Adequate provision is made to restore the subject parcel to its original condition upon expiration of the variance, including the posting of such financial security as deemed appropriate and necessary by the appropriate decision making body to insure such res- toration. Section 18: Section 26.316.020 - Authority, which outlines the authority ofthe Board of Adjustment, City Council, and Planning and Zoning Commission to hear appeals, shall be amended to read as follows: 26.316.020 Authority. A. Board of Adjustment. The Board of Adjustment shall have the authority to hear and de- cide the following appeals: 1. The denial of a variance pursuant to Chapter 26.314 by the Planning and Zoning Commission or Historic Preservation Commission. B. City Council. The City Council shall have the authority to hear and decide the following appeals: I. An interpretation to the text of this title or the boundaries of the zone district map by the Community Development Director in accordance with Chapter 26.306. An appeal ofthis nature shall be a public meeting. 2. Any action by the Historic Preservation Commission in approving, approving with conditions, or disapproving a development application for development in an "H,", Historic Overlay District pursuant to Chapter 26.415. An appeal ofthis nature shall be a public meeting. 3. The scoring determination of the Community Development Director pursuant to Chap- ter 26.470. An appeal of this nature shall be a public meeting. 4. The allocation of Growth Management Allotments by the Planning and Zoning Com- mission pursuant to Chapter 26.470. An appeal of this nature shall be a public meet- mg. 5. Any other appeal for which specific authority is not granted to another board or com- mission as established by this title. An appeal of this nature shall be a public meeting. C. Planning and Zoning Commission. The Planning and Zoning Commission shall have the authority to hear and decide an appeal from an adverse determination by the Community Development Director on an application for exemption pursuant to the growth management quota system in accordance with Section 26.470.060(D). D. Administrative Hearing Officer. The Administrative Hearing Officer shall have the authority to hear an appeal from any decision or determination made by an administrative official unless otherwise specifically stated in this title. Section 19: Section 26.316.030(F) - Action by the decision-making body hearing the appeal, which ac- tions decision-making bodies are permitted to make when hearing appeals, shall be amended to read as follows: 26.316.030 Appeal procedures. F. Action by the decision-making body hearing the appeal The decision-making body hearing the appeal may reverse, affirm, or modify the decision or determination appealed from, and, if the decision is modified, shall be deemed to have all the powers of the officer, board or commission from whom the appeal is taken, including the power to impose reason- able conditions to be complied with by the appellant. The decision-making body may also elect to remand an appeal to the body that originally heard the matter for further proceedings consistent with that body's jurisdiction and directions given, if any, by the body hearing the appeal. The decision shall be approved by written resolution. All appeals shall be public meet- mgs. Section 20: Section 26.430.040(C) - Reduction of open space requirement in the Commercial Core (CC) zone district, which outlines the requirements for pedestrian amenity space in the Commercial Core to be amended via special review, shall be amended to read as follows: 26.430.040 Review standards for special review. C. Reduction of Public Amenity. Whenever a special review is conducted to determine whether a reduction of the Public Amenity requirement is to be granted, it shall be reviewed in accordance with the standards set forth at section 26.575.030. Section 21: Section 26.430.040 - Review Standards for Special Review, which outlines the require- ments for special reviews, shall be amended to read as follows: 26.430.040 Review standards for special review. No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all stan- dards and requirements set forth below. A. Dimensional requirements. Whenever the dimensional requirements of a proposed devel- opment are subject to special review, the development application shall only be approved if the following conditions are met. I. The mass, height, density, configuration, amount of open space, landscaping and set- backs ofthe proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes ofthe underlying zone district. 2. The applicant demonstrates that the proposed development will not have adverse im- pacts on surrounding uses or will mitigate those impacts including, but not limited to, the effects of shading, excess traffic, availability of parking in the neighborhood, or blocking of a designated view plane. B. Replacement of non-conforming structures. Whenever a structure, or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after demolition, the following criteria shall be met: 1. The proposed development shall comply with the conditions of section 26.430.040(A) above; and, 2. There exist special characteristics unique to the property which differentiate the prop- erty from other properties located in the same zone district; and, 3. No dimensional variations are increased and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and, 4. Literal enforcement ofthe dimensional provisions of the zone district would cause un- necessary hardship upon the owner by prohibiting reasonable use of the property. C. Reduction of open space requirement in the Commercial Core (CC) zone district. When- ever a special review is conducted to determine whether a reduction of the open space re- quirement in the Commercial Core (CC) zone district is to be granted. D. Off-street parking requirements. Whenever a special review is conducted to determine a change in the off-street parking requirements, it shall be considered in accordance with the standards set forth at Chapter 26.515. E. Utility/trash service area. Whenever a special review is conducted to determine a change in any utility/trash service area requirements, it shall be considered in accordance with the stan- dards set forth at section 26.575.060. F. Subdivision design standards. Whenever a special review is for development which does not meet the subdivision design standards of section 26.480.050, the development shall be ap- proved only ifthe conditions set forth at section 26.480.050 have been met. G. Accessory Dwelling Unit Design Standards. Whenever a special review is conducted to determine a change in the design standards required for Accessory Dwelling Units, it shall be considered in accordance with the standards set forth at section 26.520.080(D). H. Wireless Telecommunications facilities and/or equipment. Whenever a special review is conducted to appeal the decision of the Community Development Director regarding a pro- posed wireless telecommunications service facility or equipment or to determine a proposed increase in the allowed height of a wireless telecommunications facility and/or equipment, it shall be considered in accordance with the standards set forth in Section 26.575.130(C)(6) (Wireless Telecommunication services facilities and equipment). Section 22: Section 26.430.050(C) - Mountain view plane review standards, which outlines review standards for Mountain view plane review, shall be amended to read as follows: 26.435.050 Mountain view plane review. C. Mountain view plane review standards. No development shall be permitted within a mountain view lane unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below. 1. No mountain view plane is infringed upon, except as provided below. When any mountain view plane projects at such an angle so as to reduce the maximum allowable building height otherwise provided for in this title, development shall pro- ceed according to the provisions of Chapter 26.445 as a planned unit development, so as to provide for maximum flexibility in building design with special consideration to bulk and height, open space and pedestrian space, and similarly to permit variations in lot area, lot width, yard and building height requirements, view plane height limita- tions. The Planning and Zoning Commission, after considering a recommendation from the Community Development Department, may exempt a development from being proc- essed as a planned unit development when the Planning and Zoning Commission de- termines that the proposed development has a minimal effect on the view plane. When any proposed development infringes upon a designated view plane, but is lo- cated in front of another development which already blocks the same view plane, the Planning and Zoning Commission shall consider whether or not the proposed devel- opment will further infringe upon the view plane, and the likelihood that redevelop- ment of the adjacent structure will occur to re-open the view plane. In the event the proposed development does not further infringe upon the view plane, and re- redevelopment to re-open the view plane cannot be anticipated, the Planning and Zon- ing Commission shall exempt the development from the requirements ofthis section. Section 23: Section 26.430.060(C) - Hallam Lake Bluffreview standards, which outlines review stan- dards for Hallam Lake Bliff review, shall be amended to read as follows: 26.435.060 Hallam Lake Bluff review. C. Hallam Lake Bluffreview standards. No development shall be permitted within the Hal- lam Lake BluffESA unless the Planning and Zoning Commission makes a determination that the proposed development meets all of the following requirements: 1. No development, excavation or fill, other than native vegetation planting, shall take place below the top of slope. 2. All development within the fifteen-foot setback from the top of slope shall be at grade. Any proposed development not at grade within the fifteen-foot setback shall not be ap- proved unless the Planning and Zoning Commission determines that the following conditions can be met: a. A unique condition exists on the site where strict adherence to the top of slope set- back will create an unworkable design problem. b. Any intrusion into the top of slope setback or height limit is minimized to the greatest extent possible. c. Other parts of the structure or development on the site are located outside the top of slope setback line or height limit to the greatest extent possible. d. Landscape treatment is increased to screen the structure or development in the set- back from all adjoining properties. 3. All development outside the fifteen-foot setback from top of slope shall not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top-of-slope. Height shall be measured and determined by the Community Devel- opment Director using the definition for height set forth at Section 26.1 04.1 00 and the method of calculating height set forth at Section 26.575.020. 4. A landscape plan shall be submitted with all development applications. Such plan shall include native vegetative screening of no less than fifty (50) percent of the develop- ment as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. 5. All exterior lighting shall be low and downcast with no light(s) directed toward the na- ture preserve or located down the slope and shall be in compliance with section 26.575.150. 6. No fill material or debris shall be placed on the face ofthe slope. Historic drainage pat- terns and rates must be maintained. Pools or hot tubs cannot be drained down the slope. 7. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and per- tinent elevations above sea level. Section 24: Section 26.445.050(E) - Architecture Character, which outlines Architectural Character re- view standards for Planned Unit Developments, shall be amended to read as follows: 26.445.050 Review Standards: Conceptual, Final, Consolidated, and Minor PUD. E. Architectural Character. 1. Be compatible with or enhance the visual character of the city, appropri- ately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Section 25: Section 26.450 - Temporary Uses, which outlines standards relating to temporary uses, shall be amended to read as follows: Chapter 26.450 TEMPORARY AND SEASONAL USES Section 26: Section 26.450 .020- Authorization for temporary use, which outlines the permitted dura- tion of a temporary uses, shall be amended to read as follows: 26.450.020 Authorization for temporary uses. No temporary use shall be permitted except upon review and approval by either the Commu- nity Development Director or by City Council in accordance with the procedures, standards and limitations set forth in this Chapter. A temporary use may be granted by the City Council for a period of up to 180 days. An insubstantial temporary use may be authorized by the Community Development Director. An insubstantial temporary use shall be defined as a tem- porary use that meets the criteria set forth below in Section 26.450.030, is limited to a period oftime not to exceed seven (7) days, the impact upon the immediate vicinity is determined to be minimal, and in the opinion ofthe Community Development Director does not require the review and approval of the City Council. Tents which are erected for a period of time which does not exceed seven (7) days, and which are erected on private property shall be exempt from obtaining a temporary use permit. Section 27: Section 26.450 .050(A) - Duration, which outlines the permitted duration of a temporary uses, shall be amended to read as follows: 26.450.050 Duration and expiration of a temporary use. A. Duration. Temporary uses may be granted for a period not to exceed one hundred eighty (180) days from the date upon which the City Council approves the temporary use, unless a shorter period is specified in the approval. Insubstantial temporary uses may be granted for a period not to exceed seven (7) days from the date upon which the Community Development Director approved the temporary use, unless a shorter period of time is specified in the ap- proval. For seasonal uses, the City Council shall determine the maximum number of annual recur- rences, which shall exceed ten (10) years. Section 28: Section 26.450.060 - Procedure for temporary use approval, which outlines standards relat- ing to temporary use approval, shall be amended to read as follows: 26.450.060 Procedure for temporary use approval. A development application for temporary use shall be submitted to the Community Develop- ment. Ifthe Community Development Director determines that the proposed temporary use is insubstantial in accordance with the criteria set forth at sections 26.450.020 and 26.450.030, the Community Development Director may grant, or grant with conditions, the insubstantial temporary use. The Community Development Director may as part of the determination whether the temporary use is insubstantial, require the applicant to provide notice to surround- ing property owners with the an opportunity to comment by a date certain. The form and method of such notice shall be in the sole discretion of the Community Development Director taking into account the nature ofthe temporary use and its potential impacts upon the immedi- ate vicinity. If the Community Development Director determines that the proposed temporary use is not insubstantial, the Community Development Director shall forward same with com- ments and recommendations to City Council. City Council shall then after a public hearing approve, approve with conditions, or deny the application. The hearing before City Council shall be preceded by timely notice (publication, posting and mailing) as specified in section 26.304.060(E)(3)( a)(b )&( c), and all hearings shall be conducted in accordance with the proce- dures set forth in section 26.304.060(C) of this title. (Ord. No. 27-2002 917,2002) Section 29: Section 26.480.050(A) - Review Standards, which outlines standards relating to Subdivi- sion Review, shall be amended to read as follows: 26.480.050 Review Standards. A. General requirements. 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. 3. The proposed subdivision shall not adversely affect the future development of sm- rounding areas. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Section 30: Section 26.480.050(B) - Review Standards, which outlines standards relating to Subdivi- sion Review, shall be amended to read as follows: 26.480.050 Review Standards. B. Suitability of land for subdivision. I. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rock- slide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Section 31: Section 26.520.020 - General, which outlines provisions related to Accessory Dwelling Units, shall be amended to read as follows: 26. 520.020 General Accessory Dwelling Units and Carriage Houses are separate dwelling units incidental and subordinate in size and character to the primary residence and located on the same parcel or on a contiguous lot under the same ownership. A primary residence may have no more than one ADU or Carriage House. An ADU or Carriage House may not be accessory to another ADU or Carriage House. A detached ADU or Carriage House may only be conveyed separate from the primary residence as a "For Sale" Affordable Housing unit to a qualified purchaser pursu- ant the Aspen/Pitkin County Housing Authority Guidelines, as amended. ADUs and Carriage Houses shall not be considered units of density with regard to zoning requirements. Accessory dwelling units and Carriage Houses shall not be used to satisfy employee housing require- ments of the Growth Management Quota System (GMQS), except as outlined in section 26.470.060(2). Accessory dwelling units and Carriage Houses also may not be used to meet the requirements of Section 26.470.070(6) "Demolition or Redevelopment of Multi-Family Housing." All ADUs and Carriage Houses shall be developed in conformance with this Sec- tion. Section 32: Section 26.575.020(A) - Floor area, which outlines standards relating to calculating and measuring floor area, shall be amended to read as follows: 26.575.020 Calculations and measurements. A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the fol- lowing applies: 1. General. In measuring floor area for the purposes of calculating floor area ratio and allowable floor area, there shall be included that floor area within the surrounding exterior walls (measured from their exterior surface) of a building, or portion thereof. When measuring from exterior walls, the veneer and all exterior treatments shall be in- cluded. When calculating areas with stairs, each floor-to-floor staircase is counted only once. 2. Decks. Balconies. Porches. Loggias and Stairwavs. The calculation of the floor area of a building or a portion thereof shall not include decks, balconies, exterior stairways, gazebos, and similar features, unless the area of these features is greater than fifteen (15) percent ofthe maximum allowable floor area ofthe building (the ex- cess ofthe 15% shall be included). Porches and landscape terraces shall not be counted towards FAR. 3. Garages. Carports and Storage Areas. In all zone districts except the R-15-B zone district, for the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, garages, carports, and storage areas shall be ex- cluded up to a maximum area of two hundred fifty (250) square feet per dwelling unit; all garage, carport, and storage areas between two hundred fifty (250) and five hundred (500) square feet shall count fifty (50) percent towards allowable floor area; all garage, carport and storage areas in excess of five hundred (500) square feet per dwelling unit shall be included as part of the residential floor area calculation. For any dwelling unit which can be accessed from an alley or private road entering at the rear or side ofthe dwelling unit, the garage shall only be excluded from floor area calculations up to two hundred fifty (250) square feet per dwelling unit if it is located on said alley or road; all garage, carport and storage areas between two hundred fifty (250) and five hundred (500) square feet shall count fifty (50) percent towards allowable floor area. For the purposes of determining the exclusion, if any, applicable to garages, carports, and stor- age areas, the area of all structures on a parcel shall be aggregated. For garages that are part of a basement, the garage exemption is taken from the total below grade area be- fore the sub-grade calculation takes place. In the R -I B zone district, garage, carport, and storage areas shall be limited to a five hundred (500) square foot exemption 4. Subgrade areas. To determine the portion of subgrade areas that are to be included in calculating floor area, the following shall apply: a.For any story that is partially above and partially below natural or finished grade, whichever is lower, the total percentage of exterior surface wall area that is exposed above the most restrictive of the grades shall be the total percentage of the gross square footage of the subject story included in the floor area calcu- lation. Subgrade stories with no exposed exterior surface wall area shall be ex- cluded from floor area calculations. (Example: If fifteen (15) percent of the exterior surface wall area has been ex- posed above natural or finished grade (whichever is lower), then fifteen (15) per- cent ofthe gross square footage of the subject story will be included as floor area.) b. For any dwelling unit that can be accessed from an alley or private road en- tering at the rear or side of the dwelling unit, the garage or carport shall only be eligible for the exclusions described in sub-section a if it is located along said alley or road. c.In the R-15B zone district only, garages, carports, and storage areas shall be ex- cluded from residential floor area calculations up to a maximum of five hundred (500) square feet per dwelling unit. 5. (Repealed by Ord. No. 56-2000, 9 8) 6. Accessorv Dwelling Units and Carriage Houses. An Accessory Dwelling Unit or Carriage House shall be calculated and attributed to the allowable floor area for a parcel with the same inclusions and exclusions for calculating Floor Area as defined in this Section, unless eligible for an exemption as described be- low: Detached and permanentlv affordable ADU or Carriage House Floor Area Ex- emption. One Hundred (100) percent of the Floor Area of an ADU or Carriage House which is detached from the primary residence and deed restricted as a "For Sale" affordable housing unit and transferred to a qualified purchaser in ac- cordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded from the calculation of Floor Area, up to a maximum exemption of 1,200 square feet per parcel. 7. Affordable Housing Bonus. The Floor Area of a parcel containing a single- family or duplex residence and a permanently affordable "For Sale" ADU or Carriage House located on the same parcel which has been transferred to a quali- fied purchaser in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be eligible for an Affordable Housing Floor Area bonus equal to or lesser than fifty (50) percent ofthe Floor Area ofthe associated ADU or Carriage House up to a maximum bonus of six-hundred (600) square feet per parcel. 8. Linked Pavilion. Any element linking the principal structure to an acces- sory structure shall not be included in the calculation of floor area provided that the linking structure is no more than one (I) story tall, six (6) feet wide and ten (10) feet long. Areas oflinking structures in excess often feet in length shall be counted in floor area. 9.Allocation of Non-Unit Space in a mixed-use building. In order to determine the total floor area of individual uses in a mixed-use building, the total floor area for non-unit space shall be allocated on a proportionate basis ofthe use catego- ries outlined in the subject zone district's FAR schedule. The building's gross floor area, minus all non-unit space shall be divided amongst the individual use categories in a building. These numbers shall then be calculated as a percent of the gross floor area number that does not include the non-unit space. A propor- tionate share of the non-unit floor area shall then be allocated towards each use category. This provision shall apply to all zone districts permitting mixed-use buildings. For instance, if a building was comprised of the following square footages: 2,000 sq. ft. commercial floor area + 4,000 sq. ft. free-market residential floor area + 2,000 sq. ft. affordable housing floor area + 1.000 SQ. ft. of non-unit floor area = 9,000 sq. ft. total floor area Then, the total unit floor area in the building would be 8,000 sq. ft. floor area. Using the Allocation of Non-Unit Space standard, the uses account for the following percentages of the total unit floor area: commercial floor area = 25% free-market residential floor area = 50% affordable housing floor area = 25% Therefore, the 1,000 sq. ft. of non-unit space is allocated to the different uses as follows: commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft. free-market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft. affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft. Section 33: Section 26.310 26.575.040(A) - Projections into required yards, which outlines what is permitted in required yards, shall be amended to read as follows: 26.575.040 Yards. A. Projections Into Required Yards. Yards shall be unobstructed from the ground to the sky except for the following allowed projections: 1. Building eaves--Eighteen (18) inches; 2. Architectural projections-- Eighteen (18) inches; 3. Balconies not utilized as an exterior passageway, may extend the lesser of one-third of the way between the required setback and the property line or four (4) feet. 4. Fire escapes required by the International Building Code--Four (4) feet; 5. Uncovered porches, slabs, patios, walks, retaining walls, steps and similar structures, which do not exceed thirty (30) inches above or below natural grade or finished grade, whichever is more restrictive, shall be permitted to project into the yard without re- striction. Projections may exceed thirty (30) inches below grade if determined to be required by the chief building official for window egress. 6. Fences, hedges, berms and walls less than six (6) feet in height, as measured from natural grade, are permitted in all required yard setbacks. (See, Supplementary Regula- tions - Section 26.575.050, Fences.). 7. Driveways Driveway access shall not exceed a depth or height greater than twenty- four (24) inches above or below grade within the required front yard setback. Within all other required setbacks, driveway access shall not exceed a depth or height greater than thirty (30) inches above or below grade. Parking is only permitted within required setbacks if it is in an approved driveway or other area approved for parking. 8. Exterior merchandizing. Exterior merchandizing in non-residential zone districts shall be prohibited in all required yard set backs. 9. Mechanical equipment. Mechanical equipment shall be prohibited in all front yard set- backs. On comer lots, mechanical equipment may not be placed in the setback of any yard facing a Street. 10. Trash containers. Wildlife resistant refuse containers and dumpster enclosures that meet the requirements of Section 12.08 of the Municipal Code (Wildlife Protection) shall be allowed in the setbacks. Permanent placement of trash containers shall be pro- hibited in all front yard setbacks. On comer lots, permanent placement of trash con- tainers shall not be permitted in the setback of any yard facing a Street. Section 34: Section 26.575.040(C) - Comer Lots, which outlines provisions for comer lots, shall be amended to read as follows: C. Corner Lots. On a lot bordered on two (2) sides by intersecting streets, the owner shall have a choice as to which yard shall be considered as the front yard, which shall meet mini- mum setbacks for a front yard in that zone district. The remaining yard bordering a street shall be two-thirds (2/3) of the required front yard setback distance for the zone district. The rear yard must coincide with the rear alignment of neighboring lots regardless of which yard is considered the front yard by the owner. Section 35: Section 26.575.050 - Fences, which outlines requirements for fences, shall be amended to read as follows: 26.575.050 Fences. Fences shall be permitted in every zone district provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards or the Commercial Design Standards (see Chapters 26.410 and 26.412). Fences visible from the pub- lic right-of-way shall be constructed of wood, stone, wrought iron or masomy. On comer lots, no fence, retaining wall, or similar object shall be erected or maintained which obstructs the traffic vision, nor on comer lots shall any fence, retaining wall, or similar obstruction be erected or maintained which exceeds a height of forty-two (42) inches, measured from street grade, within thirty (30) feet from the paved or unpaved roadway. Plans showing proposed construction, material, location and height shall be presented to the building inspector before a building permit for a fence is issued. Additionally, foliage shall be placed and maintained so that it will not obstruct vehicular visibility at intersections. (Ord. No. 55-2000, il16) Section 36: Section 26.575.060- Utility/Trash/Recycle Service Areas, which outlines requirements for Utility/TrashlRecycle Service Areas, shall be amended to read as follows: 26.575.060 Utility/Trash/Recycle Service Areas. A. General. The following provisions shall apply to all utility/trash service areas: 1. If the property adjoins an alleyway, the utility/trash/recycle service area shall be along and accessed from the alleyway. Unless entirely located on an alleyway, all utility/trash service areas shall be fenced so as not to be visible from the street, and such fences shall be six (6) feet high from grade. All fences shall be of sound con- struction and shall be no less than 90% opaque. 2. Whenever this Title shall require that an utility/trash/recycle service area be pro- vided abutting an alley, buildings may extend to the rear property line if otherwise allowed by this title provided that an open area is provided which shall be accessi- ble to the alley, and which meets the dimensional requirements ofthis section. 3. A minimum of twenty (20) linear feet ofthe utility/trash service area shall be re- served for box storage, utility transformers or equipment, building access, and trash and recycling facilities. For properties with 30 feet, or less, of alley frontage, this requirement shall be fifteen (15) linear feet. For properties with no alley ac- cess, no requirement shall apply. The required area shall have a minimum vertical clearance of 1 0 feet and a minimum depth of I 0 feet at ground level. The required area shall not be used for required parking or as vehicular access to a parking area. 4. The Planning and Zoning Commission may reduce the required dimensions of this area by special review (see Chapter 26.430) and in accordance with the standards set forth below at Section 26.575.060(B). B. Review standards for reduction of dimensions. The Planning and Zoning Commission may reduce the dimensions of a utility/trash/recycle service area by following special review procedures set forth at Chapter 26.430 if: 1. There is a demonstration that given the nature ofthe potential uses of the building and its total square footage, the utility/trash/service area proposed to be provided will be ade- quate. 2. Access to the utility/trash/recycle service area is adequate. 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. 4. When appropriate, provisions for trash compaction are provided by the proposed de- velopment and measures are taken to encourage trash compaction by other development in the block. 5. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. 6. Adequate provisions are incorporated to ensure the construction ofthe access area. Section 37: Section 26.575 shall be amended to add 26.575.220, Lodge Auditing, which outlines re- quirements for auditing the operations oflodge development, and shall read as follows: 26.575.220 Lodge Occupancy Auditing The Community Development Director shall be authorized to require peri- odic operational audits oflodge developments to ensure compliance with the land use code and requirements for lodge operations. This audit may include, but is not lim- ited to, an occupancy report of the lodge and individual units therein, rate schedules, the manner in which short-term occupancies are marketed and managed; physical as- pects ofthe operation such as the number of units and pillows in the lodge, the num- ber of affordable housing units provided on-site, other units and amenities on-site, the number of parking spaces provided on-site; the dimensional characteristics of the lodge; and any additional conditions of approval. The Community Development Di- rector may request information be provided in a specific time frame, and may request a site inspection as part of the audit. Property owners may request that certain infor- mation, such as marketing strategies or rate schedules, be held in confidence by the City. Section 38: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 39: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any rea- son held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 40: That the City Clerk is directed, upon the adoption ofthis Ordinance, to record a copy of this Ordi- nance in the office of the Pitkin County Clerk and Recorder. Section 41: A public hearing on the Ordinance shall be held on the 23rd day of April, 2007, at 5 :00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hear- ing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 42: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of April, 2007. Attest:. I / AJJ4- FINALLY, adopted, passed and approved this 24th day of April, 2007. Approved as to form: ~4I-/}~Lv I Attorney