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HomeMy WebLinkAboutLanduse Case.ZO.Zoning Changes.1975-ZO-2 ,~\ .---. , ~ CIT PEN aspen, hox v MEMORANDUM TO: FROM: RE: DATE: Aspen City Council, Aspen Planning & Zoning Commission Planning Staff (Bill Kane) Proposed Amendments to City Zoning Code October 10, 1975 In response to your request for a re-evaluation of the existing City zoning code and map we are presenting the enclosed material as back- ground for discussion on the Tuesday, October 14th meeting. Our brief review of this summers building activity has laid bare certain stark realities. First, the cumulative effect of the construction of some nine office and retail commercial buildings which were given Ordinance #19 approval yields some 170,000 square feet of new office and retail building area this year. Vacant land in the downtown area, given existing zoning, could easily produce in excess of an additional 900,000 square feet of retail and office space. We feel that unnecessarily large areas of the town's core have been set aside for office building con- struction and seek to address this imbalance with the enclosed recom- mendations. Preliminary population projections that have been recently prepared in connnection with the preparation of an Environmental Impact Statement for the Aspen Metro Sanitation district conservativity forecasts an annual average growth rate of 7% for the district service area. Despite the concerted growth control attempts at both City and County levels great amounts of seasonal lodging is being converted to housing for new residents. Several unique low density residential areas of the City with special neighborhood characteristics have been identified and recom- mended for zoning changes in an attempt to save these areas which continue to contribute to Aspen's small town character. The zoning change recommendations have five separate areas of emphasis. 1. Amendments to the zoning specifications which control the height, bulk and floor area of commercial buildings. 2. Amendments to the zoning map to change those areas zoned for O-Office in the downtown to residential districts (R/MF). ,-, ,-, .~ MEMORANDUM Proposed Amendments to City Zoning Code October 10, 1975 Page Two 3. Reduction in residential densities in several areas. 4. Recommendations for acquistion of critical land parcels to provide opportunities for public facilities, open space and removal of certain specific growth pressures. 5. Additions to view planes in Commercial Core. The planning staff would like to appear before the Council to present a visual survey and walking tour of this years new construction in the downtown, a discussion of what perhaps went wrong under Ordinance #19 and hopefully some remedies. " ~ -- RECOMMENDED ZONING AMENDMENTS REDUCE FLOOR AREA RATIOS 1. Commercial Core (CC) - Maintain the present maximum FAR of 2:1 and require an internal FAR as follows: BY RIGHT - 1.5:1 = Commercial OPTIONAL 0.3:1 = Residential ADDITIONAL 0.2:1 = Additional Commercial example: 6,000 square feet lot 9,000 square feet Commercial by right 1,800 square feet Residential (Employee Housing) 1,200 square feet (additional commercial bonus for housing supply) 2. Commercial One (C-l) - Change the existing external FAR of 1.5:1 to 1:1. example: 6,000 square feet lot 6,000 square feet office use 3. Office (0) - Combine the present Office 1 and Office 2 zone categories into one office district with the following re- quirements. External FAR = 1:1 Internal FAR = 0.75:1 Office 0.25:1 Residential 4. Delete Section 24-3.7 E 2 which excludes sub-basements, basement storage areas in the CC district and basement parking in all districts from FAR calculations. DISTRICT BOUNDARY AMENDMENTS Amend the Zoning Map in the Office One (0-1) areas to the ea,st and West of the Commercial Core and south of Main Street to Residential Multi-family (R/MF). Replace the former 0 district located north of Main wtih the new Office (0) District. ",...,,\ ,~ REDUCE HEIGHT AND SETBACK REQUIREMENT 1. Commercial Core (CC) - Maintain 40' height limit. 2. Commercial One (C-l) - Reduce 40' height limit to 32'. 3. Designate a height limit in the new Office District of 25' for principle buildings. Accessory buildings on the front two/thirds of the lot - 21' and on the rear one/third 12'. (Same as R-6) AMEND THE SQUARE FOOTAGE LIMITATIONS IN SECTION 24-3.6 (page 11 of zoning code) 1. Food ,Store - from 20,000 square feet to 12,000 square feet. 2. Major Appliance - f~om 12,000 square feet to 9,000 square feet. REDUCE RESIDENTIAL DENSITIES IN AREAS NOW UNDERDEVELOPED 1. Mixed Residential (West) R-6 to R-15 2. Lakeview Subdivision R-6 to R-15 PUD R-15 PUD to R-30 PUD R-15 to R-30 PUD R-6 PUD to R-15 PUD R-6 PUD to R-15 PUD R/MF to R-6 PUD R-15 L-PUD to R-30 L-PUD R/MF to R-6 3. Oklahoma Flats 4. Holy Cross 5. Aspen One 6. Riverside (Buchannan) 7. Spring and Main 8. R-15 L (Lodge Area) 9. Mixed Residential (East) " .-. .-. ADOPT A PROGRAM FOR PUBLIC FACILITIES AND OPEN SPACE AND IDENTIFY PRIORITIES FOR ACQUISTION OF CRITICAL PROPERTIES. - Sinclair Site - Buchannan property (Riverside trailer park) - Bass Park - Lot west of Isis Theatre - Wienerstube garden - Aspen One - Holy Cross Electric - North of Nell Building - Koch Lumber Company - Little Cliffs Bakery - Aspen Ski Corp property - Three houses behind City Hall - Capp's Auto Supply ~ ,.-., TABLE 1 BUILDING UNDER CONSTRUCTION OR APPROVED FOR CONSTRUCTION ZONE/ (FAR) BUILDING LOT AREA sQ.n. RESULTING COMPUTED IN FAR FAR ~GROSS ALLOWED SQ.FT. INCREASE IN SQ.FT. " Commerical Mason & Morse* 9,000 13,168 1.4:1 16,762 4,832 Core (2:1) Vroom 4,500 9,750 2.1:1 9,750 - 750 Bergman 6,000 13,152 2.2:1 19,400 -1,152 Woods 4,425 12,973 2.9:1 12,973 -4,123 Aspen Arcades lD ,400 15,594 1.5:1 15,594 4,206 RBH 6,750 13,500 2.0:1 18,080 0 Ski Corp* 8,264 4,518 .5:1 4,518 12,OlD Corrme rei a 1 r Victorian Sq.* 6,000 6,400 1. 06: 1 6,400 2,600 (1. 5: 1) 620 Hyman 6,000 12,000 2.0:1 12,000 -3,000 Office 1 A. Savings &'Loan* 12,000 12,000 1.0:1 12,000 0 (1: 1) CDES 9,000 17,532 1.9:1 25,337 -8,532 Neighborhood Commercial Durant Mall 16,500 34,414 2.0:1 49,200 -17,914 (1:1) TOTALS 98,839 202,014 , *Building Permits were issued after adoption of the new zoning code. April, 1975. ,.....,. ~ TABLE 2 VACANT LAND WITH DEVELOPMENT POTENTIAL ZONE FAR LOCATION LOT AREA SQ.FT. BUILDING POTENTIAL SQ.FT. Commercial Core West of Hate) Jerome 6,000 12,000 (2:1) West of Ell H. of Aspen 3,000 6,000 East of Epicure 6,000 12,000 West of Mill Street Station 12,000 24,000 West of Brand Building 6,000 12,000 East of Bullocks 3,000 6,000 Southwest of Hunter/Hopkins g,OOO 18,000 Northwest of Hunter/Hyman 7,000 14,000 East of Elks Building 3,000 6,000 West of Wheeler Opera Hou se 6,000 12,000 Eas t of Bentons 9,000 18,000 Wienerstube Garden 3,000 6,000 Aspen Ski Corp 6,000 12,000 West of Isis Theatre 3,000 6,000 SUB-TOTAL 82,000 164,000 Commercial 1 Midblock-South of Hopkins 3,000 4,500 (1.5:1) Midblock-South of Hyman 6,000 9,000 Midblock-North of Cooper 3,000 4,500 SUB-TOTAL 12,000 18,000 Office 1 West of Original Curve Condos 6,000 6,000 (1:1) West of the Grainery 13,500 13,500 East of Hannah Dustin Bui 1 ding 15 ,000 15 ,000 North of City Market 3,000 3,000 Bass Park 18,000 18,000 West of Crystal Palace 15,000 15,000 South of Hyman Street 3,000 3,000 Jerome Pool and Taxi 27,000 27,000 North of Jerome Pool 6,000 6,000 Oden Property 15,000 15,000 Across Mi 11 from Oden ' 3,000 3,000 SUB-TOTAL 124,500 124,500 Neighborhood Commercial Trueman Property 88,775 88,775 (1:1) , Service,Commer- cial,Industrial Trueman Property 230,737 461,474 (2:1) TOTAL 589,012 907.749 BREAKDOWN OF ZONES CC C1 01 South of Mairi - 73,500 North of Main - 51,000 Sub-Total of Area South of Main Sub-Total of Area North of Commercial Core District , 82,000 12 ,000 124,500 218,500 164,000 18,000 124,500 306,500 601,249 CC,C1,01 01,NC,SCI TOTAL 370,512 589,012 907,749 )\j 1_..- r--. ~ TABLE 3 REDUCTION IN RESIDENTIAL DENSITIES LOCATION ZONING SQ. FT. EXISTING EXISTING D.U. POP. (3 per/D.U.) PROPOSED POTENTIAL POTENTIAL ZON I NG D . U . *~ D . U. ** (3 per/D.U ) (3 per/D.U.) . Mixed Resi" . dential(W) R-6 39,000 0 0 R-15* 4 12 Lakeview Subdivision R-6 166,500 6 18 R-15* 16 50 ,. Oklahomas Flats R-15 352,400 13 39 R-30* 16 48 Holy Cross R-15 93,349 1 3 R-30* 2 .6 Aspen One R~6 99,567 0 0 R-15* 9 27 Riverside R-6 98,050 0 0 R-15* 21 63 Spring & Main R/MF 68,580 4 12 R-6* 9 27 Lodge (R-15 L) R-15 441,600 0 0 R-3Q-L* 22 66 ['lixed Resi- dential (E) R/MF 81,000 19 57 R-61 23** 69 , , , " TOTAL 351,046 43 115 119 366 (8.05 acres) , . , , * Mandatory P.U.D. ** Based on staff analysis of existing and proposed development patterns. , , r"\~0W1~"~j ~~~tt,,-~<..... "<;, ' : "'" ,~,." . ,. " """to."":"" ", ." ,. Bec'ause the validity of do\Vnzon~";-<.: 'i,',"', ~."",., "'."""'''''z.....'"- will be affected by a variety of fac- .>'..>'; ,,',' ",.:,'.~_ tors, some within the control of the "~ '.""'-, landowner and some within the I '~ control of the government. it is im- I portant for both sides to be aware r of the genaral principles regarding the tegal status of downzoning, Only a very quick summary can be given here, ignoring the many variations among states. I?")!l" . ," ~'.;~,~ " ,,~' \\'~/l" '\.';e" v, &?' "'~., .,:. :. , . , "<~^, () ~.fjjt:1, .:;;9,' "'~" . ; ;/---..... < ..... /' ~ '~ i- /~' !firu , /~ ~J' ~~ Z /1 j! ;-- if? ,. i;~M~' j , it) \. Fred P. Bosselman You have a 40-acre tract of woods in the boondocks on the outer fringe of a growing area, You hadn't any definite plans for it but it looked tike good security for the 1980s with its zoning for half-acre lots, Then one day the local newspaper contains an article which says county planners have proposed that youl entire area be rezoned to a forest conservation district. Only one dwelling unit will be permitted for each six acres of land. What should you do? Many real estate investors believe they are somehow protected by law from downzoning, The law's protec- tion is limited, however, to specific situations. And where th~ downzoning is part of a broadly bqsed pianning prvcess, the court2, "8 increasingly wiliing to uphold highly resirictive prac;ces. Zoning as it was originally conceived was a simple process of drawing lines on a map, As Edward Bassett described it in the 1930s, "Zoning merely means the division of land into districts having different regulations , . , (TJhe regulations, , , must be ! reasonable, , , and must have a sub- ' stantial relation 10 the health, safety, , comforl, and convenience of the com- munity. . , , land similarly situated ,must be zoned alike. These require- ments are so simple and self-evident, that one wonders why comprehensive zoning did not begin in this country earlier." , Zoning was sold to the public as pari I of a system of planning thai would i determine,in advance the permissible i uses on all land within the corn- i munity's jurisdiction. Its proponents , ! believed such a comprehensive plan II was an essential element of zoning's , legal validity. "Zoning has been up- i held by the courts," Bassett said, I "because it is comprehensive and' I' not piecemeal." Comprehensiveness , would allow the zoning regulations to i be self-executing, removing the dan, , i gers of arbitrary adminlslration, The '-boundary of each zone was to be determined in advance. and.changes in these bOUndaries were to be re- garded as unusual. This theory has been described by Jan Krasnowiecki, as the "static end state concept of land USe contro!." - "--;i~~:~i;":;::Q.;~;i ";-;;','>"i: ..'~;~.H>,,; I ,'.d.:.> ,"_._ In piractice. however, it is the changes.'. thatlare more important than the regylat10ns. The NatiQna.I'Commission on Urban Problems found that most communities use the "wait and see" approach to zoning, They adopt relatively restrictive standards Which' theY do not really expect developers to ""eet and then change these sta~dards in response to specific proposals by developers: "The dev~loper proposes, and the munici- pality disposes, Sometimes the pro~ess is guided by useful plans andis!andards. but often not." Thus it is the process that is im- port~nt, not the original zoning plan, As Krasnowiecki puis it, rather than being contained in a publiShed plan, "th~ community's ,ealland use policy comes to be expressed in the zoning a'mSndment." ___ i I Onde the courts have accepted the ideq that zoning ,is an ongoing process rather than a fixed condition, and lthat rezonings which benefit par- ticul~r landowners are valid. it follows logi~ally that rezonings may also operate to the landowner's detri- merit-downzoning. However, the coults have always scrutinized down- zoni!ngs to make sure they do not refl~ct a prejudice against particular t ian~owners rather than same true f:public pUlpose, As the Supreme Couft of Michigan stated in Raabe v. Wpfker: ~.~'.. " urban landfnovember 73 3 i ' ~A "Since the purpose of zoning is a stabilization of existing condi- tions subject to an orderly devel- opment and improvement of a zoned area, and since property may be purchased and uses un- dertaken in reliance on an exist- ing zoning ordinance, an amenda- tory, subsequent or repealing zoning ordinance must clearly be related to the accomplishment of a proper purpose within the police power. Amendments should be made with utmost caution and only when required by changing condilions; otherwise, the very purpose of zoning will be de- stroyed, In short, a zoning ordi- nance can be amended only to subserve the public interest." [383 Mich. 165, 174 NW 2d 789, 796 (1970)1 Thus, courts accept the general prin- ciple that downzoning can be valid, ' bul they look much more closely at the purpose behind the' government's action than if itwere part of an original zoning plan, As the Supreme Courl of Florida pul it in City of Miami v. 8701 Colfins Avenue: ,"This court has never gone so far as to hold that a City will be estopped to enforce an amend- ment to a zoning ordinance merely because a party detrimentally alters his position upon the chance and in the faith that no change in ,the zoning regulations will occur. It is our view that such a doctrine would be an unwise restrainl upon the pOlice power of the govern- ment All that one who plans to use his property in accordance \vHh existing zoning regulations is entitled to assume is that such regulations \vill not be attered to his detriment, unless the change l\ bt~3rs a sub~!8nti:~f relalio;) to the he]a~', morn Is. welfare or safet)/ of Ih,:: public," [77 So. 2(j 428. 430 (Fio 1954)] 4 urban land I november 73 " If the landowner has inc~Jfled sub- stantial expendituresor taken cer- tain aclions in preparing the develop, ment of his land in reliance on the prior 2:oning,the courts say he has ..; obtained "vested rights" in the prior zoning so that it cannot be changed to his detriment. The actions necese sary to obtain vesled rights vary 'L greatly wilh the factual circumstances , and the law of the particular state, .... Generatizations would be dangerous, but landowners who fear future downzoning are well advised to get legal advice far in advance so they may be able to secure their rights, -"in general, actions taken after a downzoning proposal has' been formally announced are of tittle value in establishing vested rights. Even if the landowner has not estab, lished sufficient reliance to obtain vested, rights, he may be able to defeat the downzoning if the local government cannot show it was based on an overall comprehensive plan which considered the needs of the pUblic as a whole, in Udell v, Haas, the New York Court of Appeals has stated: ", , . The thought behind the re- quirement [of the statute that zoning be in accordance with a comprehensive plan] is that con- sidelation must be given to Ihe needs of the community,as a whole. In exercising their zoning powers, the local authorities must act for the bene lit of the com, munity as a whole following a calm and deliberate consideration of the atternatives, and not be- cause of the whims of either an articulate, minorily or even majorily ,:",of the communily, , , . [T)he com- prehensive plan is the essence of zoning. Without it. there can be no ralional allocation of land use. tt is the insurance that the public welfare is befng served a'nd that zoni>;::::does not become noH1ing mor" 'han iust a Goliup polL" [21 N,Y. 20J !,63, 238 NYS 2d 868, -J.- 893 !'::6,~, 1 In recent years, however, this attitude toward land has undergone profound changes. Land is seen as serving a variety of public purposes beyond its function as a medium of private investmenLThis change in attitude has led to what I have de- scribed as a "quiet revolution" in the way we regulale the use of land, In their recent report, The Use 0' Land, the Citizens' AdvisolY Com- mittee on Environmental,Ouality describes changing attitudes toward the use of land as a "new mood" in the nation, a mood that recognizes for the first time that decisions re- garding the use of land will have a major impact on our society, It suggests land use decisions must take inlo account a whole range of social, economic, and environmental factors which in the past have often been ignored. This changing attitude has affected ~""'ays in which courts view local.at- tempts al downzoning, On the one hand, the courts are increasingly recognizing that older zoni.1fJ. p!ans may be obsolete in the lighl of pres- ent sophistication in our 8'.varcness of land use implications. Fl...:: on the other ha~d. zoning d"~ci.sioils ::"lsed on gut reaction or H""!8 rumh!ings of 1he mob seem mere arb:trar'... Uun ever before, (' ~,j ,< { , The result ;sa n8':/ respect by the courts for comprehensive land use pla,1ning and a distrust of local actions lacking a sot..:nd pranning be:sis. A few recent cases provide illustrations of this attitude. ,t:--'"\ t;' . '-. The Con:lecticut Supreme Court in K3.Var;e'Nski v. Zoning Borud of Appeal at Town of Warren [160 Conn. 397,279 A. 2d 557 (1971)] re, cently revi.:?weda local ordinance establishing substantially increased minimum lot. sizes. The local govern. ment aliecnpled to justify the ordi, nance as a response to the com~ munity's overwhelming attitude in faVOr of stopping growth, Additional peop!e were not wanted,said the town, and this ordinance was de- signed to keep them out. Not an adequate justification, said the court-If a community is going to adopt such restrictive action it must be based on a more rational view of the community's future. In 8nbther case the federal circuit court for New England approved highly restrictive zoning adopted bj the town of Sanbornton, New Hamp- shire, for environmental purposes, In Steel Hill Development, Inc. v. Town 0' SanbQrnton, the Court approved the designation of the plaintiff's land as a "forest conser- vation district" in which buiidings could be constructed only on lots of six acres or more. But the Court said it was "disturbed" by the "crude m"anner" in which the law was paased without "any professional or scien- tific study," "Were we to adjudicate this as a restriction for ail time, and \vere the evidence of pressure from land- deprived ::trod 18;1d-seeking out- siders more reaf, we might well come to a different conclusion. vVhcre there is natural population grm'vth it h8S tJ go somel,.vhere, u:,v.'Jelcomeas it may be; and in tr.,s~ c~~'":e \'/C ria not think it should [,),2 c:!.;~:.,',;i2I1ejbjthe har;J::m- st'::lr!Ce 0; ',','n2t [Q\vn r.':.'~S i:s V"3~O in firs:," [~G9 F. 2d 9503. fiG2 (1st C!:.1972)] The Court upheld the local ordinance only asa "stopgap measure" until "an adequate study can be made of fulure needs," "Hopdu!ly, Sanborn- ton has begun or sOon will begin to plan with more precision for the future, taking advantage of numerous federai or state grants for which it might qua!ify," The New York Court 01 Appeals volunteered similar sentiments while upholding Ihe development timing ordinance adopted by the Town of Ramapo, The ordinance rationed the number of building .permits. according to a sophisticated long-range plan that eiieclively restricted the town to single,family housing on large lots, 7 In Golden v. Planning Board of Town I 01 Ramapo, thec;ourt criticized the I current zbnin"g enabling legislation i .for its failure to inClude a regional , planning requirement: "Undoubtedly, current zoning en- abling legislation is burdened by the largely antiquated notion which deigns that the regulation of land use and development is uniquely a function of IOC91 government-that the public interest of the Slate is exhausted once its political sub, divisions have been deiegated the authority to zone (All, A Model Land Development Code [Tent. Draft No, 1). Intro, Mem" p, xxi), While such jurisdictional allocations may well have been consistent with formerly prevailing conditions and assumptions, questions of br09der public interest have commonly been ignored," [30 NY 2d359, 334 NYS 2d 138, 285 N.E. 2d 359 (1972)J The Court 10llnd "serious defects" in "community autonomy in land use controls." Ordinances.such as Rama- po's raise serious questions, said the Court, which cannot be solved by one community alone b!Jt depend on the "accommodation. of \'/idely disparate interests... Tothatend, state-wiele or regi0:l:1! Controf of pI2;j<1ir:~~ \,vould insu;.C'lrlJ.t interests b"~"]d8r rhan thR~ of the munic1pa!it:,'uncJ7.ri:e v:Jrious land use pc'iicies" Nevertheless theCc'Jrt upheid :.~2 ordinance because ~t '.Vas j,"';1;:::~e3sed with the intricate technical lar.~ :.;.39 planning that Jay behind it. In both the Sanbomton ~,nd Ramapo cases the court implied 5:.3te or re- gionalplanning offered t~e only \"1ay to resolve equitably the cownzcm- ing probiem, Other cou,ts have ex- pressed agreement by giving great weight to planning undertaken on a stale or regional basis, In drafting the American law Institute's proposed ModeJ land Development Codewehave tried toencouragethe broader perspective n:6'eded to evaiu,. ate fairly the growing numbsr of downzoning controversies. Statutes such'as Florida,'s Environmental Land and Water Management Act 011972 require regional impact stntements for major development proposals and provide a forum for their con- sideration in the context of an Qver- all slate comprehensive plan. In the long run this type of legisla- tion can provide a rational basis for land use deoisions, But in the short run land owners must watch care- fully to establish rights against fulul e downzoning, Fred P. Bosselman is a member of the Chicago law firm of Ross. Hardies, O'Ke(~fe-. Babcock e.. Parsons. He re- ceived his AS. degree from the U:1i'/efM sity of Co!orado in 1956 and his LL.B. from Harvard University Law Sc!"::::::;o\ in 1959., He is a consul,ant to tha Pres:cer.(s Council on Environrn~~:~! C~aL!y and the United Stales Er:;":~Y;"'~~'lra( Protec- tion Agt:ncy in a.jd!t:c,~. '0 !"';:;;:.'":di;~q private clients in th.; ~J~,j d'2':~!Jp"',:nt k~kL H.; \'/3S 2$socie~':l mc,)~:e-r f:J: :h.; r':;oj,~1 l.an.::! De\'e!.::.'::'":".:;~~ C~j~ :::'~:::~'lrp.d :.,. :f:(; A:ncr1(;a.'l Law ~. <:;::''::-~. E3-:-;;. ;';'1':~;"l \'/<1S cJ<wthcr \'.<th C ,.=:... C:l. '.~ 1;:d JDhn $, 8:.lr.~::: 01 ~:-::: ":;'.:'~:"." c'.';: ".~.j bOJ!<;. Ti;tJ 1,;:';.'1"] !::'j:.~' .~ s'::~:';,> ~. .":~e OiJietn,,'''o,.':.~:.)n i.." L:~'.i U:;~., C2":,'.:,.,; 0"/ B..1~;')'}imo;l <:nd C7'I~::'..~ urba"n lanc/r.:Jvombm ?~3 5 ,~ ,~ December 16, 1974 Mayor and City Council Post Office Box V Aspen, Colorado 81611 Re: Proposed Rezoning of City of Aspen Ladies and Gentlemen: With the initiation of the pUblic hearing on the proposed zoning changes in the City of Aspen, I must at this time register my displeasure with, and objections to, the proposed zoning changes that are before us today. After having been intimately involved with city planning and zoning for a good nutlber of years, I find myself in the extremely awkward position of not being able to support the city on this matter. Having been one of the persons who helped establish the Aspen Area Master Plan and set up the planning department, I have the feeling that I have been a party to the creation of a p01itical monster. My desire from the beginning was to establish methods to solve the problems we were experiencing then and now. My feeling of disappointment with the city and with the so- called planning process started when we were setting up Ordinance 19. This ordinance was enacted to give us the opportunity to get a handle on our growth problems. At that time I was appalled because decisions were being made by the planning department without an adequate basis of background information. I had the feeling then, as I have now, that these decisions were made by the 'seat of the pants' approach. We were told that a number of necessary studies for obtaining necessary background information had to be made, such as economic analysis, transportation , existing land use, etc. When the Proposed Aspen Land Use Plan was brought forth under Ordinance 19, I was concerned that all the so-called studies would be slanted to justify this plan. I pleaded that the propos- ed studies be done from an objective point of view so that the council could make rational and logical decisions concerning land use. It seems that my fears were not unfounded and that my vision of what was about to happen has actually happened. To my knowledge, very few of the background studies have been completed, yet we are in the process of changing the zoning. I sit through work sessions, and council meetings, and listen to decisions being made in what seems to me to be a haphazard and vindictive fashion. There is disagreement between the planning r-, ~ department and the planning and zoning commission. There is disagreement between the planning and zoning commission and the city council. And to complete the circle, there is dis- agreement between the city council and the planning department. I watch councilmen take proposals from both the P & Z and the planning department and make changes at their personal whims. On what basis are they doing this? It is all too apparent that our planning department has become a political tool which politicians can use at their leisure. I have stated a number of times that a credibility gap exists between city officials and citizens, and this gap is growing larger and larger. To illustrate: 1. We established a Planned Unit Development (PUD) concept so that the city and the individuals desiring to build could work together to meet their needs. This is now a sham, because PUD is being used by the city to buy time to create the justifica- tion to deny the application. 2. We established the Ordinance 19 review process for new projects being planned in the city. This review process was designed to insure that new projects would be in line with proposed planning and zoning being worked on at the time. Individuals accepted this and worked with the city and were allowed to go through the whole process only to find in the end that the planning department was recommending that their projects be denied because they didn't match the zoning that was being proposed. I guess the point that I am trying to make is that we should be deeply involved in the planning process and aiming toward solving our problems but in my mind the planning process has been and is being subverted. We are still in the same quagmire that we were in back in 1960, and if we continue to go in this direction then none of the solutions arrived at by this process now or in the future will be beneficial to the citizens and the tax money we are spending will continue to be wasted. I would have hoped that by this time the leaders of Aspen would have arrived at a reasonable and logical method of growth control. Before there can be a cooperative growth control system in Aspen, there must be a method under which the city and the people can work together. The proposed zoning not only will not lead to that cooperation, but instead will intensify the ill feelings already present. Jr. 'oi% """ INFC ,L MEETING FRIDAY SepteJrrbe~O, 1960 The f'ollowing were present at a Committee of' the Whole meeting to discuss propl!lsed zoning amendments changes: Mayor Garrish and Councilmen James, BraUn, Anderson and Beyer. and John Doremus of' the Planning Commission. John read a letter f'rom Henry Pedersen resigning f'rom the Tree Planning C!,mmittee. Mr. Doremus drew attention to the changes in the f'ollowing sections. - Paragraph 1- Section JMaxilnumheight of' buildings., This was diScussed and . maps presented by Doremus were studiect.. Par!!.graph 2 - Section J Ji1aximum height of' buildings _ discussed., Par!!.graph " - Section F MiniInum rear yard. Par!!.graph 4. - Section J Page 3 A. Uses permitted - Serv:l.ce Yard screened", Maximum height of' buildings,r. to be25t in Unrestricted distrct to conform lIithCounty requirement. ~//~" Page h ... Projecting signs. P!!.ge 5 - Paragraph "EIt - f'ences at corners. 1/ Page 6 .. Method of' ReVtlew- site and fioor Plans... . i~... ~// ~ q ~ Page 7 .. new ~ition of' service yard.. ? i ~ ~--7 tf Each change was discussed. Councilman Anderson suggested that provision should be made .f'or waterproof'ing f.oundat:t.ons to avoid water Sllepage. John Doremus read a letter f'rpm the Nugget about water accWilulation due to snow melting and rain. Discussed.. - curbs and gutters and sidewalks which are in hazardous condition. to be. brought> up at next regular meeting. It was Ilugges.ted that Buildiilg Inspector notify owners of' need for repair. Copy of' the. propos.ed zoning amiOlndmentsto be givei'l to Attorney Stewart.. Suggested - provide money in bllQ,get to establish grades... Discussed - fire tower for West End.,.. HendyIfeeping Aspen Water Co. active. an<i leg;ality of' his Ulluing name. Bob M,arsh sewer~ an.deontract. Inventory of all/ltock on hand in Water and Electric Deptll. Beck and Billhop lealle... Building InsflPCtor to 5xam:ine gall inlltallationll? , ..--., ~ . . . ..- ..~. _. ..... ..' -. ._.lllllIJ Ifl\lllrilllll__.,,, .il~ 1# ..1I1t ... 1m ..1m!' 1_ .. .. ~.........- :",,'.....; JIlIf' ~1.iI8_._.... ~ 11111 111HI.IWli I~OI. If; '!O Iff It. .. ---.. "1~;lil_JliIl_i~~ .Il#: .. '"' III IClllliUllfl/'''. "',.. .. '" ---.- M:!II,-J....ll 'Iir.. "".. illlIulj ~.IMIJllJ_.['", I/! .. !!..iI1Ifllli .. '" '* '" f.~l filtH .. ,. 10 ..'rfL . '" 'IIInil 4') .11..,,....11... .-. "., -",".' ....-.'-:''''.'-:.---.''-'. . .~rJUJ.l!l4 ......JIII[. "" '.If ... - '" - .1' "'~"""~""""" ..... :f,1mlli f. 11' , ~ '"" WilJ t 11 iIIllffwJ!l_. " ,.~ _1li~m;l! ill _,' I~rl ,. ..... . '. '::"\:";'-'.'^:','.:.:':'."':"::':. :,.;:-."" " Illlimi _1_:..... .Jll!lIil!i;l~1t'" 8) ........ --.[I, lit. "i~j jO\ * -l' ~r.~II'I~~.I..llJt, ~.<! '" !II "'. '" >> _Ill ." ,ll< jolt t: '"' 1i-,._ J')_ ~lr:~l_, lilt.hm ~ ...... ill .1]j]JJLl_~it ilII 41) .......-. .. " !II. * ""111" ,,,:m ., \Of' .. .. -!fl. 1 ,~ J$ilU .1.11 1M , ..1 ,L .,. '" It! llirl'~ ".., . ,'. -,! '" 'Ii''' 11 .. ..ill ..All. ., , ~., . .,..... :..,....-.'-,...\..<7,>. ......':_.>.,.._.,.,,:;...:.,:..,:,..,:...~_. ". 1\ .I<'l ""'" J;.. , , -- ~ t ..llI1ffrmn....___J~ 'n ..... .. 'fiilill1. flit 1l1_. '" 1/,1.. .L:;JQ W' -- ~lrUJ_~:*. t un~Oil!i[I' 1_., '" ~ .. -*-- ~~. ~"'~.~j ......" "11' ....11.. ,d~ ", - ',' ,.,.. '.'.... .h... .' ,t) .' ,6, ""...I.i ....... .,.i 11l~.. Jm~n!~ ~Ii~_" ,... _Iii' r~._"liUnilU:_'JI&* L . ...._..1!'I.. , , - - r ." '~R1linl~il.'~..)" DIll. -,.. , .. '~Imi '.i._. s.. ...,. Il1lnl1ll J~. " 'T"';! , .mll ill!' '~~JI'I'I!I 1111" MllU,-, ,., If...... _ III Ililfll,nll".fi .11lll\lUllllcllr .IIWlmu '- .... . , -- .- ""t.:>, ,. "","...,,-..:., rniurf. ~i1fi _~mn: III I, -.itmflRit'llJ ., .~ :Lt .lnl~Jl~~r mlllll!lJ.,J~iJIIU. '" ',. .. &, ,. LJ __ .. '" .. .' '" .. ). .lf~..l ~ nl.. I' .. It 1J) ~..... .. -" U:- !Iml~nl m~~l ~J It i..nJtrllll:i._.~....".f" t.lI'lmtl~I,m' --~- / / ~ , - ,...., . 11!4l' It. ,.... " I: JI.. .. lIillilr.nl 11l11i1iJljl[l\,l . ~ .. .,.-." " lit, 'Jtll J1ln:I.' ..--~1I -." .. ."l~._.!lUUll .......:.'.,.::.;.,:,:...:. ", . ..... a .~ ......'....'..'..,.,..,.;..'.....,:.."...... 14 "', ..- _,_ n,.! ~ 'r.P€.,~ ,j;,{-'<4 ~ ~,..."...'.... CITY COUNTY TRAFTON BEAN 8< ASSOCIATES . 2300 BROADWAY, BOULDER, COLORADO . AND SCHOOL Jul y ~8, The Aspen Ci ty Plann! ng Commission A:spen, (;olorado Attention: Mr. John DG~em4S~' Chal r;man Gent' emen: } 'i i "l , , " These ,con,lment,\j have been delayed IIl~Ch~oo IpngfoJloWlt1g tW~ pUb lie hear'; Ag concern! ng the' pro polled amendment, of . the Aspen' .,';:". '.' . , ',' . .' "', .,' ".. . ,. ',. . ton I ngofd I na nee, howev~r, f hop~' t he:set hough ts ~y s till be usef u.l . in Y~Ur~~nslderatlon Clf thjsmatter. fngeneraJ, the remarks ma<le. atthehearl ng seelll~ to ref I ect Important attitu9,E>s <;,oncernif'\g zoning 'I n Aspen. My own recommendation wou Id be to amend the Aspen City zohingordlnance as advertised Irithe public hearl~g '~ith theB=~1 101'1- I ng exceptlpns: the. R 6 I. (J) iChange th~max'mum height Dl,strlct fr;om, ~r feet to 25 feet,. . ,~ of prl nclpa I build, f'\g$ r n '" '?:,,({) ,Change t~e ~1<lmulll. height of prl'llClpal bu:lld,lngs,if.i' '. the T D1 str1cffrOlll 29 feet, to 25 feet,_ '1 . ,,;'~,/"'~:. :;,';",,:':;:V ,",,',;0 fpr theU District. 4- (J) Delete the ma)(Imuln he,fght9t,b~}{ldin'gsasprciptj'led' ,~ /: 5. (A) . Paragraph 4, Number 3 - Change tMwor.dl ng of the projectl:ng signs to read as fol/l'lWIl f "Project! ngs! gns sha I I beperml tted I n the B, Busl ness Dlstr1ct only.. Such si9I1s,shal/be. a m!nlmum of 8 feet f rom the groun<land shall not extend more than 4 feet from the wa II or roof I I ne of the build! ng, sha If not exceed 10 square feet I n area, per sign, and the tota I area of al I signs per bullcUng shall not be more than one square foot of sign per 5 feet of bur Idlng frClntage." '. ,.-." .~ 7/28/60 2 Aspen CIty Planning Commission 5. (J) Add the following paragraph to the sectlen "Maximum Hel ght of Bui I di ngs": "For scheols, churches and hospl ta Is I n the R 6, Resi dent! a I District and for a.lluses, In the T, Tourist District and the B. Busl ness 01 stri ct, the maxi mum. hel ght requirements for 'each distrIct may be Increased by not more than 50% ef the stated maximum height limitations for each district, provided all other requirements fer such districts are cemplled wi th and provided the total floor area of the structure does not exceed the total area of the lot upon which the bUilding is located. Where this 1:1 ratio. Is net pOssi ble, the ffiC>ximum hel ght requirements other-wi se stated for such districts sha, I I not be exceeded." Another minor modification of wording appears to be In order for the purpose of clarification as noted below: 5. (E) Number 3 might be adjusted to. read as follows: "PatIos and fences. . . . these uses are permitted provided the patles lire tmenclosed and the fences do net exceed six feet in height." The most important amendments ebviously concern the height limitations. These height regulations must be somewhat arbitrary In nature but (except In the U DIstrict) 1 believe reasonable limItations shotlld be I.ncluded In the Allpen zenl ng ordl nance. By adjlJstl ng the maximum In the residential district to correspond with the Ceunty regu- lations and by allewing additfonal flexlb,i IIty for public and seml- pub Ii c bul I dings and for a II uses I n the T and B 01 stri cts where the total density Is limited by a fleer area ratio., the City sheuld be able ,to protect property values and sfll.! perml t desirable future construc- flon prejects. These hel ght IIml taHons are pri ncl pa II y fer the purpose of permHtlng adequate light and all" to all structures but. In additiOn. the height Ilmltatlens are Impertant In relatlen to. fire hazards, the ability to fight fires. the prevention ef undue street cengestlen. and the semewhat Intangible Importance of "view" as it relates to. the general welfare.. As now recommended the maximum height In the business district could reach 57 feet but this would require a very large lot ". 1""-. ~ Aspen City Planning Commission 7/28/60 3 with much open space and also the rear yard for such a structure would need to be 37 feet. In the T District the maximum height could be 37~ feet, although the density would likewise need to be reduced to the I: I ratio. Certain comments made at the Public hearing might be mentioned at this time. Mr. Ken Moore stated that among other things "Zoning must be tested in court". He seemed to favor adoption of regulations which would not create any controversy and would be legally without question. This unfortunately is not possible. Whi Ie zoning has been used in many c.ltles for more than thirty years, many of the cour't decisions have not been consistent and in the State of Colorado we do not have enough zon_ ing cas,esto give u.s a reliable basis for CoLorado zoning law. The only zoning law which could be used with absolute legal assurance would be so weak as to be of very little value. Many of the provisions of the Aspen zoning law were developed after very careful study by local residents who made every effort to adapt the regulations to the needs of Aspen, rather than to attempt to find a moderate set of standards which could not be considered controversial. The other comment which seemed out of order to me was that made by Bob Roy 1 n stati ng that he "favored zoni ng but not thi s zonl ng law". Thi II is much II kesayi ng "We favor traffi c regulations as long as they affect everyone else but not ourselves." He also mentioned that the pres",nt law has many" loopholes". Thl.s point too, seems to me to b", very questionable unless the specific "loopholes" are listed and constructive criticism Is added In suggest... Ing how these "loopholes" might be corrected. Even the 190 pages of small print in the City of Denver- zoning law must contain quite a few "I oophol es" accord! ng to the Co lon:odo Supreme Court. My reason for mentioning the comments by Mr. Moore and by Mr. Roy is to emphasize to the members of the Planning Commission that zoning laws may necessari Iy be controversial and that- at times such laws may need to appear somewhat vague. The mai n pol nt is for members of the loca I Planni ng Commi ssion and Ci ty Counci I to use as much for'e- sight as possible in dev",loplng unique regulations for thei.r own ._ ~ . C> ,-.., , "-,, Aspen City Planning Commission 7/28/60 4 community which seem to be most "reasonable" In terms of the future improvement of the City. If local officials lose faith in the zoning or in the importance of trying to amend the law in order to meet chang_ ing conditions, the protection of exist,ing land values and the future betterment of the City wi I J certaInly be jeopardized. Because of the COmments concerning the function of the Board of Zoning AdJustment, I have written to the State Planning Office re- questing that copies of theIr very excellent publication titled "The Board of Z<;mi ng Adjustment" be mai led to the Ci ty of Aspen. Perhaps this publicatIon wll I answer some of the questIons raised at the public hearing relat.lve to the function of the Board of Zoni ng Adjustment. Brl efl y, the fo II owl ng two quotes from a Planni ng Advi sory Servi ce report by the American Society of Planning Officials might also be of interest: "If planners were omniscient, it would be possible to write zoning ordinances that would cover every situation that could possibly arise. But planners fall far short of uni versa! wi sdom., so I t has been necessary to wri te into the ordi nance a few safet'y measures escape provi sl ons. The most common of these are the provi si ons for "variances" and "exceptions". They are widely used __ and widely misunderstood." "A vari ance is a modi fi ca t i on of the litera I provIsions of a zon! ng ordi nance granted when strict enforcement of the zon! ng or'di nance wou I d cause undue hardshl p owi ng to cl rcumstances unique to the i ndlvi_ dua I property on whi ch the vari ance is granted. The cruel a I poi nts of the variance are (a) undue hardship, (b) unique circumstances, (c) ap- plying to the property (not hardships and circumstances of the owner)." TB:mts Very truly yours, ~~ Trafton Bean JIotea _ P\m11o ~ ~ ~ MP__ ill tbe ctty ot Aape. ~ , l"4l712. 1960 ~ M14 ill PltIdD ~'Covt ... .. ~ 12. J$6Oat 1t)OPH p'h....d..g _ ~"...i c..Jui_ 'A_'." "* ... '<:., mud.I'IIlUl I'IeI lilt ~p(t 1fellilU't. __ 'l'Nt\ca IeIIl ChaUIlIa of .. ~ ... CJ.11ltoa. B. stel A"\ .. ct.At1lorlll7 Aape 01. CC,(!U " IlllllI\ ,~.~ acr~l1'r li1l ___ _ Bra:IB ca. ~....__ Wwl ct. CleIit ~ Bo.tf II P\tItlie JlIf:A 1 It.. 8111 ~ J' Jill __'~t- .... ___ (I'M) lea 'h'Pl . Bob C8'cl ... llI*\ A'WWJ11 staJooWp. lea .... ..... t.h&t ~.. lie IilIoptell _ eftab.1i~ 11Dela 111. 't'iev t.o the future, 'lIIW\ polIlt,",'. ... I.O~ I 1 t "'.O~~ I R acead" _ \rU11u. .. Vaa\ tbe """""'1(ma lie tcI$\ed. m. GOUI't t.o emd4 tanfabM8lJ,-tbat e,,"'<JAattarl .. ,..".. to 11Iid.t:2.Dc ..Il't. of ..... ' ' ha Mool'lt C. B. .AncIerlI_ HIP. _ Mn. Jaolr: lfa11II WI:d;p .lClrI8IJ ...- .... s....n real e8IIIh ~I". II Ml..... --t_ ,.... ia * ~"I Qr<<I~ - dS...o'.",.,.. 1.11= U!fll. IolJ lIlarlit .. .111111 t.o_ at-bliGk ~. BIll f\;-- fIT ~o..1il .\bat --" ....."" ftJJt J'eld.... .. ~. t.o "CIl'll t.o . Col1I:d;J' -... .1'''-\.11'.... Job ~ Job _ _ ~rll~. . *1' JorleI. 1I:ib_ .... 1dIG a\t1"* of 1Ioull of ....., LII\ 1IlClIIl4 lie _ .ftlri~. '1':RttcIIl Bean 111III btl'al _. laid. *t IIoia:rd of ~.. ~ .. .. 1'8'11.-.... ...... ~ IpU..::r"l ... lip. ' Set4lao.... ""1 I r I It .. _ J!a 1IlIJIIoo!!'-- poSatiId. out. 1lIIat. Wt..,...,M."I Code ~ _ 'g-1....:la a16t ,.. ftJJt UIbt- lIlI1d.'-7 1:1111-l/1, .. t1n pro- ~ lI1Idp JorleI .. lob .0at\Cl .,. ...."'lft... .~ J'~ III I' t.a:la t'.ro1*- nar ,... . ~- -,...... WcM* :1a ".....--.. .. \I L.....loW .... ~ at ~. '1"J'aft.aa IlMa .~ WlcMe lIS.Ib\ w .... 1I1tb -iIJItl- ..tl. :1a ...,,1 L"" .~ ' 'fM HfllIlt .. .r...11d.11V of ~ t.1 ~ ~&>>0lIIIdt, 01' .an 17'." --. SipS ... IlIl'n.... .. I "ill' of ,...~ .Id.pe to W .n -.. _ ..m' ~UI -';1M.. ..t.o W ~ .r.Jc lfa11II . I .11' I Ill' IWI. ...... \bat the l:Jdflff.. _. ....too 'I'fJlftri.eU... .......11.)' ja tile ~-1I. .. ~...... He rnd . 1$_ liNa J. 'fin -." '1ft, h. ot fvII;.. ........... ~bQt1'"l!II....... It.. ~..It.t t.h&t up'. or w.. let_ W ~"'\1..dt.o RIV''''' of Pl..d. ""'Ig ~_. _ Ct. O'nildl, at tltn the ~~~e..llllud.ght. ~ blt NlIIlt.tell .... tor ~ ~ ~" " .'1. - ^ ,'-" LOCAL PLANNING SERVICE :J :J . -, 2221 41HSTREET, BOULDER, COLORADO COPY , November I. 19,6 Board 6f County Comll>issloners of PI tkln County and .cHyCotlncH,of the ,CIty of Aspen , Aspen.. COJora<lo GenU_el't: We ~e submitting In this letter a brief summary of Pitkin County and City of Aspen planning accomplishments as completed by your planning organLtatior:rs during the past twenty three !IlOnths working in conjunction with our planning serVice. Also this letter is aCCOlllpanied by a fUll' of partinent 'local planning material and our final statement for sendces r:e\'ldered.. As you know. the original functions of ~r planning groups were sollleWhat Indefinite; however. a RElW County ZonIng Resolution and a revised City Zoning Ordinance seemed to be of IlIOst Importance. Other planning v.erk was adjusted somewhat to lIleet current needs. Prlncl pal, work colllpleted includes the fo'llowlng~ I. Coul\ty (Aspen Reglal\-) Zoni-n,g Reso lutlon was adopted ahar detailed swales of Hve pretiminary drafts. reacHon frolll puPII,c hea,rings. newspapar publicity and' parsonal dlscuss'ions wIth many, Inter"sted residents. Twt>' hundred CQples of the final adopted rm;Qlutlon were preper'ed and five hurn:lred flnat zoning maps were pt"lnted. ? Cbmprlm~nsl";'e City Zoning Ordtnanee was ado,pted af'terdetai led studl es of four pni41111i-nary draf-ts" comp'letlon of two rubllc hearlnss, newspaper publicity and personal discussIons. Foul" hUl'ldred Hnat adopt'ed zoning ordlllill'lces Including the,;toning map were pr'inted. 7. Basic studies regarding resources, finances and population were completed as a basis for' zoning and future plans. h. A Future Development Plan show,ng street, highway land use. pa,rk. recreation and school expansion posslbi I Hies was prepared and discussed at three planning co_lsslon meetIngs 'and Is now on file at the Cour,t House for future reference. . ~ ~. ,-, 5. Three Display Maps showing the adopted County aM City Zoning laws were prepared and are oowavailable for genera I use. 6. A Proposed City Building Code was written and copies w!M"e printed for study. General infonnatlon regarding buildIng codes and '<:lepartments in Colorado was submitted 111 written fol"llt. 7. PropoSed Col.onty Subdivision Standltrcls were prepared foradoptlon. These COUld also be used by the City I f necessary. 8.' City Trailer-Ordinance was~~prol'Osed and latter adOpted. 9. spechl Investlgetlons and Shdies were CQmpleted regarding sign vlolations, State Highway plans, possible sewatle dispOSllI methods and architectural :i!Gfllng I e-ga I cases. 10. An Existing 'Development Map was completed efter e lot by, lot, field study was Illede. II. New City and County Base Maps were drawn as a basis for al I required display meps. Durlng tbe period of this work our organization was represented at twellty nlne lIIeetlngs and worked a total of 720 hours (compared to the total of 540 hours originally CQntracted). In the future at no extra charge, although nota part of the original proposal, we will assist the County 1n preparatIon of several pending %oolAg alllencllllents and w11f prepare extra copies of the proposed Regional Future Development Plan. Also beyond these two projects. If elther the City or County shoul:l desire additional planning service we would I ike to be considered at our regular hourly rate which Is nQW In effect In JeffersGfl Coul'lty and Douglas Countyt professional plaonlng personnel @ $5.00 per hour. travel e)(penses @ 7..cents per mile. and clerIcal expenses at cost. Should such work be possible In conjunction with scheduled trips to Grand Junctton, naturally travel costs WOt.Ild only be figured from Glanwood Springs. We certainly have appreciated the opportunity of working for you and slncerely hope the above Itemized plannIng accomplishments will prove of real value in future growth of the Aspen Region. TB/mI< ~ctfullY subml tted. ~~~AN ~ , ... J""'. ,,-,. LOCAL PLANNING SERVICE :J :J . -, 22214TH STR.E'E-':.. BOULDER. COLORADO COPY Nov9lllber I, 1956 .., k. A Foutur>? OEl\f4lopment Plan showing street, highway lend use, 1l'O"k, recreation arid sehoal _panslon j?QSsibltittes:-alil prepared and disCUI!$ed at three planning ~I,sslQn _tinss aM is now on file at Ml~ Court Itol.lSe for future r1ilf tN"$f\(:E>. , .. ^ ,.-" 5. 1'lilf"eel>i.pl..yAlIlp$ .how1ng tlllol ado:ptoo County and City ZOl'iingl8ll'S vtef"'epnilpared IInd anJ_ avallable i<;lr Q!ilI\$t"lLl U$e.. 6. A PrO~ed City Building Code was written and copies ...e Jilr "ted for &tudy. ~lleI"al Inforllll:lltlon regarding bull<:llng codes end departments In Colorado WllS Sl.Il:lllIltted In written fora,. 1. f'rQposed County Subdivision Stan.dards ll'Sre prepared for adoption. These oould also be used by the City ,:_._.,._,;.;,;,tJ~e.ss~Y~~--_,~,~. --.--~,---_______~".".__,,___...,,_.__ 8. City 1'1"&ller OrdlnlilllCe wes prOPOhd and I~tter adopted. 9. Special Investigations an.d Studies were complete<! regardIng sign Violations. State Highway plens. possible $~ dtsposa I 11I&1:110. and archft_tura I .on I n9 legal easee. 10. An €xlstJny Oll'il'elopllleftt J\\eip .$ completed after iii lot by lot fl'l! d study was ~.' II. New City and Countr Base Ma~ .re drawn as a basis for aU required d splay maps. During the period of this work our or{lenlzathm was represented at' twenty nine _tings and worked a tot., of 720 hours (COlIIpIJ("ed to the tot1ll1 of 540 hGurs originally col\fractEld). In the future at no extre charge. although not a part of tha original proposal. we wHI&5&'h;t tl'le CotiIrttyJn Fepare-tion of seVer.1 pending zonll'l9 amendments and will prepare e"tra copl<f6 of >>Ie proposed Regional Future Development PI en. Alao beyond these two proJ_ts, If elth$t" the City or COunty sbouti deslNl addltlQ1lll1 plannlnQ service we would I lite to be c:onaldered et 0\.11' regul.r hourly rate .hl,ch Is oow In eff_t In Jefferson County and Oougles CountYl profess Ions I phmnlng persol'lMI @ $5.00 per hour_ travel IlliIp&rlSe8 @ 7 cents psr mil's. and cler-leal expenses at cost. Should such work be possible In conJun<:tlon with scheduled trips to Grand Jul'lCtlOl'l. naturally travel costs would only be flgureQ fralll (HenlllOOd Springs. l'Ill certainly have appreciatEld the opporttinlty of working for )10" and sincerely hopa thaabove ItMh:ed planning lIcCOIIlpllsh_nts will prove of real value In futuro growth of too Aspen Raglen. TB/nlk ~tfully sub!llltted. ,~~~ 1"'-. .,-" LOCAL PLANNING SERVICE :J :J . -, 222" 4tH STREET; BOULDER; COLORADO October 3, 1956 Mr. CI inton B. Stewart, City Attorney Aspen, Colorado -----crear ell nIT- From readi ng your Aspen newspaper it appears that. many local prOblems are sti I I confronting Aspen. If 1 can be of any assistance on the pending zoning Cilse please let me know. We have several good references of recent cases and might be able to provide you with useful material.. Since we want to be sure that all Ci ty and County work provided by oUr organi zation is sati sfactory before submitti ng our f i na I st.:\ternent, there naturally would be no extra charge for the above mentioned study. Hope a I I goes we I I with you persona II y. TB:mk Sincerely yours, ~~ '.i;?" "-'. ,~ LOCAL PLANNING SE!RVICE! , 2221 4TH STREET, BOULDER, COLORADO Augill~ l' i4. 1 957 TO: The Pitkin I::ounty Boerd of County Comm1,s~loners. The PI tkln County Planning CommiSSIon, and The County Attorney SUBJECT: Suggested emendments to the Pitkin County Zoning 'R6$01 u 1'1 on. The ,attached summary, represents a proposed public notice form which includes suggested amendments in the Pitkin County Zoning Resolution as such changes were considered by the cOunty Planning Commhsion on July 12. 1957. Although this material is written in the form of a useable notice.. it is hoped that each member of the above boards and the County Attorney will rev i ew the j deas and tha l' a major i ty of the boa rds wi I r agree on necessary amendments to be included in SUch notice. If the ideas as written do not seem clear or additional thoughts from our off ice seem necessary ~ pi ease 1 et us know by phone or letter. Tra f ton Bean ;, ".. ~ Aagust 6. 1956 Mr. Trafton Bean Trafton Bean & Associates 2221 · 4th Street Boulder. Colorado Dear Traft1 . We have received the find printing of the Zoning Ordinance and we certainly feel that you did a wonclerful job in setting this up. We will have our first matter coming up before thts Board or Adjustment soon. I think Zoning generally was fairly well accepted in the City. however. you never know until you get into the functional featuresof it. Sincerely, Clinton B. Stewart City Attorney CBS:R COpy :i::: ~, ~ LOCAL ~ PLANNIN G SERVICE TRAFTON BEAN & ASSOCIATES 22214TH STREET, BOULDER, COLORADO July6,1956 CI i hton B, Stewart, Ci ty Attorney, Aspen, Colorado Dear Clint: --~'---,----,-",_._._---.~~.,. -----'_._---'_._-~._-,--_."'--.---_._""-~- Thank you for your note regarding the minimum rear yard setback foracces$ory bu i I di ngs, Sec.t i on I II, sub-paragraph F, of the Zoning Ordinance. "~... --~--'~-~.,,-- - "._----_.._.--------~-----~- We wi II be g I ad to provl de the 500 copi es of the adopted ord i nance as you suggested, at no additional cost to the Ci ty beyond that provided in our original contract~ Sincerely yours, ~/~~ Traf ton Bean TB: Ib ~:;., --- .June 19. 1956 Hr. Gae AU_ LoulPl-oJAg$ervice 2221 - 4tlt Stt-.t. Boalcter. Colorado Dear Gene: With 1'88peCt .to thel'....."Ag ordi:Daa.ee which wa pas.ed at first read~g. I want to call your atuation to Section 3.Sub-para- graph F. pertai,,1qg to acc...oqbai1diDga. !be ..1....- rear yearaetback oaaccea8Ory baildhtp ahoald reacitwo feet 1utead of five feet. 1.'h1a would be the only eh... lothe Ori~. which J'OU. ...,. oot have. Idiscua.sed &rtlter with the Kayorthe -.-bel' of copies of thi. Ord1"",....e that we would W&Ilt: aRdhe 1ad1cated that: if the cost is I10t too great. we a1gilt secure up to five llua:ldnd copies 80 that there will be plent:,- here for dU.tdbuttOll.aod use. We certaialy appreciate ,our help aad patielloe la this ZoIdIlg 1Il&tter. Slaeerely. Cllaton B. Stewart: Cit1 Attomey CBS :1. COPY \\ ,-., ,-, LOCAL PLANNING "SERVICE 2221 4TH STREET, B,OULDER:~ COLORADO June 18, 1956 TO: FROM: SUBJECT: C Ii nton B. Stewart, city Attorney, Aspen, Co lorado Loca I Plann; ngServ ice Propdsed Zoning Ordinance - ReguLation pf Fences AsdTscpssEdat-pr-eviuuspcrbictc-h-ea I i 1'1,1'" ,-"Fences-,' -HeUgesomi-WaiTs"-w6uid- be regulated by Sect,ion III, Paragraph A, No. 10, where such uses are situated on corner lots. Thl.s permitted use might be amended by the adc:Jitiol'\ of the following: ".. .and proyi ded all such uses are less than three feet in height when located in any required front yard." Also, it would be possible to amend Sectipn VII, Supplementary Reg- ulations,paragraph A, by the addition of the following: "Fences, hedges and walls,.. in ac:Jdltion to other requirements of thi.s ordinanceallsuch uses shall not be more than eight feet above the grade I eve, I of the land pn both sides thereof when located immediately adjacent to the .rear loti ine, except where such rear, lot I ine is .al so thes i de lot Ii ne ofadjoi n i ng residential pr.emises;and r\ot more thar\ six feet, nor more than the least distance betWeen such fence edge or wall and an existing or potential main buildingon.an adjoining lot above such grade level j n any other location. ) Whi Ie the last proposal is somewhat. wordy, you may consider certain se,ctions of-it wo,-thwhHe.'rnany ,event, ,the original proposal for corner lots seems the most useful and justifiai:>le. I f you have any questions which Gene All er\ cannot cOyer, I a.m sure he could cal,1 here if you beLieve 'I' could be of assistance in the final wordi ng. ~r-- c !.. ~ 1""'\ """' NOTICE OF PUBLl C HEARl NG CONCERN I NG ZONING 1M HERS I N PirKl NCOUNTY Net.ice is hereby given that the Board of Cpunty COljlmls- sioners Qf Pitkin County, Colorado, and the Pitkin Cpunty Ple.nning and Zoning Commission of Pitkin Ceunty,. COlorado.. wi II hold a p"blic hearing at the Distrkt.Court Room.. COllrt HQuse, Aspen, Coloraj:lo. on at to cpns ider the amend- ment, revjsionandedoption of z.oning mattel'S, as follows, to-wit:. I. To. amend ee.ch of the fol lowing sections of the existing Zoning Resolution: Sectionlll.,R 30. Resij:lentie.I District, Section IV, R 15. Residential :O$strict.l Sectlen IVA, R 6.. Residential District, Section VI, T, Tourist District; and Section VII, B, 6uslness District, to. Include the .following pro... vislen: Maximum Height of Bui Idings........ 25 feet. 11. To. amend the existing Zloning Resolution by addition Qf an LT, L.imited Teurist District., classiflca.tlon to be descr I bed as fo I lows: Section VIA LT, LIMITED TOURIST DISTRICT Uses Permi Hed I. Any use permitted in the R 30 District; 2. Boa rd i ngand room i ng houses; 3. Hotels end motels, inClUding incidental business w.ith in the blli I ding., 4. MedicaJ and dentel 0.1 inics, 5. Multlple-femi Iy dwell Ingsl 6. Professional offices; 7. . Resort cabins and lodges; 8.. Restaurants and .tee. roomseperZlted primari Iywi thin e.n enc.losed bu lid I ng; 9. Identificatien signs...subject to the provisions of Sect i onl X, Supplementary Regu I ZIti ons. , - I - ~ ;. "..." ,-. Minimum lot Area......o.......15.000 s.quare feet. for.any permlt.ted us.e Minimum Lot Width........,..... 75 feet for any permUted us.e Minimum Setback.....~.,...,...... 75 feet f.rom the center Ilne..ofa pub I ic right of way Minimum Side Y<;lrd.............. oqe fo<>t oJ .s.ide Yllrd for each fJl)Qt of bu Ildl ng he i gh t measured f rem the grade to the gutter line and abut... ti ng sljChsl de yard. MinImum Rear Yard......,.....,,, ,one foqt.ofrear yarq for each foot o.fbui Ldi ng height meal$ured from the grade to. the gutter line and abut'" ting such side Yard. Minimum Floor Area~....,.."....,. 800l$<!tJare feet on, the grotJnq floor for any ?I" i ncipa.1 use Minimum Off...Street Par,kin.g..., onespace fer ei;l.c/1 400 square. fe",t of tota I floor area Maximlj/llHelghtof Sui Idlng..... 25 fee.t III. To amend eachofthefollowi ng subsections of the ex i sting Zon i ng Reso lu tion: Sect i on V" AF, Agr!- cu I tljTe and Forestry 0 is,tr i ct, "Uses Permitted". No.. 11"1 dent i f icat! on signs. .....,."; and Section VI., T. Tourist Dlst.rict, "Vses. Permi.Hed", No, II, . "Identification. signs....."; , to .I"eadas fol lows: "II. IdentHicaHon slgns.....si;Jbject to the provls.ions. of Section IX. SvpplementaryReguiaHo'1s;" IV, To amend Section ix, Supplementary Rej3ulatJons, subsection "Uses Permitt.ed", subheading "Signs" to read as fOllows, "Signs....ln addltionto otherr-eqvirements of this resolvtion, all signs for identificafion or outdoor advertising purpos.es.shaUCof1lply with the following cond i tions , .-.; 2 -, ,...., ~ I. No sIgn sh~11 b<!f JOClltEld.SO thi>tsafety of er movl ng vehicle-wi U be impaired by distrllctlp9 the vision o.f 'thedriver,of.sUCh vehicle. 2. Th<!f.color of signs $hall not confl iet with n<!farby trafflcsigns.o; slgnal'$.. 3.. Identif.ieationsi.gnsllhall enly be used teldentify a b\lslnesser prIncipal USe I~ated on the prellllses and shall nOot excet;jd the fo II ew I ngproli ill ions: (a) Free Iltandlng or projecting signs Shall be , I Iml ted to one.such sign per principe.! use and sha.1 I note~ceed 10 .s.quare feet per sign. (b) Wall signs shall be limHedto. those signs not extending more than. 12 inches fromth.e bui Iding; sh.allnot. be <Hr<!fctl y Lighted) el'ldshaUotll ybe made ofcu tOllt letters ( ne>t exceeding 12 Inches in height per letter) attached directly to the exterior of tlle, bui I <:Ii ng. 4. . No sign sh~1 I project into.a pub.!!c right of way, excep.t that. upon approval .of the Eloa;d of .County COlllllllssloners,. directJonalsigns subject to. the following prev!sio.ns ma.ybe authoriz.ed in public right of ways, (a) Such dkevtio.nal sigl1$ shall be fo.r the express use of avoidlngconfusjon of motorists looking fordlstl nct.and unique land uses 100000ted In unincorpo.rated areas off of State or U. S. High- . way ro.utes. ( b ) No. such 51 gn s true tu re sha I I exceed 30 squa.re feet In to.ta I area or. 5 square feet per separate use be I ngl dent i fi ed. (c) Suchslgos sha.!I be locatedo.nly at the Inter- section of a state or U. S. Highway routeahd the 5 i de r()ad actually go i ng dl rect I y .to the use be I ng i<Jentified on the sign." - 3 ~ ... . . t"""\ ,..." < V. To amend theexj>>tln.gzonlngma.p to provide for <;In LT. LimIted Tour{st Dlstrlct~ in. the fo.llqw.ing desc.rlbed<;lre~J All of the /lrealocatedwithin 300 feet of the center line or ec.lorado Stllte HIghway No, 82 in Section>> 1711ndI8, both In Townsh I p 10 South, Rllnge 84 West. VI, To llmend the eXlsTI ng zoning 1Illl.p to provide for aU, Unr<i!strlcted DIstrIcT In the fol lowing described 8r6ll' The eest half of the sW;\: Qrthe SEt of Sect ion. 7. Townsh.1 p I o south. ~ange 84 Wed, - 1+ - , ~ -I""" r- ,,-...., v. -. .""'. newspaper dated ________________________ A,D., the last pUblicatio of said notice was in the is ,?.U _________ A.D., ~-=5 /0, /1' r::tY - FOR!Il50 C.F.HOECKELB, B.& L.CO. STATE OF COLORADO ) ) ss. ~;:"f_~~ '": I am th~_____~~~f that the same is a weekly newspap printed, i and published in the County of Pit in, State of a general- circulation therein; that said newspa lished continuously and uninterruptedly in said for a period of more than fifty~two consecutive y;~~;,,~~~~~ to the first publication of the annexed legal nc'C;q: "'" .. ., ment; that said newspaper has been admitted to :yXy mails as second.class matter under the provisic;t' March 3, 1879, or any amendments thereof, ani\~f' paper is a weekly newspaper duly qualified fOD notices and advertisements with the meaning 0' 'State of Colorado, That the annexed legal notice or advertisemE in the regular and entire issue of every numbE;::~,;!:,: newspaper for the period of ____~___ consecuti that the first publication of said notice was in paper dated __ In witn '_. whereof I have hereunto~et my day of __ T-~~---------- A.D.. 19___(2. / (/ Subscribed and sworn to before me, a notary ~~:it;:.~t::~~. Colorado, this __ / - Q~rf i't My commission expire 20 .~...,~ ,-, ,~'; ~~ Netes e1'l Public Hearing Concerning Zoning Matterll in the City of Aspen, Colorado July 12. 1960 Meeting held in Pitkin CountyCouri;Hous.e - July 12, 1960 at 7:30PM Planning and Zoning Commission Present J6btLDoremus, Chairman Fred Glidden Herbert Bayer Trafton Bean Aspen City Council Present Mayor Garrillh Councilmen Beyer and Braun City Administrator Wurl City Clerk Dorothy Hdff= Chairman of the meeting - Clinton B. Stewart - City Attorney Public present .. Bill Dunali'a;9" Jim Markalunas Mr. Gerzina (Fred) Ken Isaksen Bob Card and guest Averill Startl1p. Ken Moore G. H.. Anderson Mr. and Mrs. Jaek Walls Whip Jones Rob Roy Ken Moore asked that zoning be adopted onelltablished lines with view to thel'uture, with pOllsible.encroachment by gove:J:m1llent agencies and utilitiell ~ that the provisi~ns be tested in court to avoid unfairnellll,-thAt consideration be given to limiting height of trees. . Mr. stewart read each proposed amendment and change in the Zoning Ordinance and discussion followed. Bob Giard was opposed.to new lliOlt.,.back provisionl!.. Bill Dunawaypropolled that maximum height for rellidences be 25' to cOnfOI'l11. to County zoning., Against 21' li'ereBob Card- Rob Roy and Dunaway.. and Whip Jones. Rob Royallked what attitude o.rBoardof .lQjustment would be on variances.. T!,afton Bean was introduced and said that Board of Adjulltmenttll f'unction was to reviewcaes where s(i)m:ethingexceptional comes liP. Set...backll dillcullsed - and J:t.mMarkalunas pointed out that Uniform Building Code requiresset...backll in side yards for light and. sanitary reasons, and fire pro... tection.., ~Whip Jonell and Bob Card Ilpoke !!.gainst new Ilet-back requi:t'eJllents in f'rontand rear yards.. Maxilnumbuilding heightll. in busineSIl and unrestrictedzonell dillcullsed at length. Trafton Bean suggested heightll might be set with exc:eptionll noted in supplemantary provis~oIls.. Discussed - feasibility of havingf'uel tanks underground.,: or,llcreening them_ Signs ~ discullsed - number of projecting signl! to be allowed on each business building _ to b,e. claIj'fiea., Jack. Wal],fl expr~llse'd. his9pinionthat '. the b1.ti..ldingheig~i>~wer:e. too restrictive eSPe.cial~y in>the bUllinesll andtouriflt . areas.. He read. a letterf'rOll1.J. Thomas Via, Jr. of rues on !!'izona :t'egarding. b1i~ldiIlgh~ightll. . It.. W~1l isugges'\;~d that. qopies of this letter be fll1"rliShedtolllemb~rsof}>la.nn:tI1gCOmmiSSiOIl.andCi-tYGo)lnc:i,l, and that the proposed height restrictionll ber.ewr'itten an<i !!.gain be preilented f'or consideratioa.. .....: , . . 4/rPr."....,-;:..4" - .-. " ~ NOTICE OF PUBLIC HEARING CONCERNING ZONING MATTERS IN THE CIn OF ASFEN, COLORADO Notice is hereby giv<an that the City Council of the City of Aspen, Colorado, and the Planning Connnission of the City of Aspen, Colorado, will hold a public hearing at the District Court Room at the County Court House, Aspen, Colorado, on July 12th, 1960, at 7:30 P.M. to consider the amendnJent, revi.sion and adoption of zoning matters. Details of such proposed changes may be studied in the office of the City Building Inspector and are .generally described as follows: 10 Amend the text of the Zo~ing Ordinance (Ordinances No.6, Series of 1956), Section III - R 6, RESIDENTIAL DISTRICT _ by adding new paragraphs J) and K) and by rewording para.graphs D)., E) and F) as Follows: D) Minimum Front Yard principal bUildings ............00........ 10 feet. accessory bUildings 0.0. '0. O' .. . ..0 . . O' . . . GO. '. . . . . 15 feet. E) Minimum Side Yard prinCipal buildings 0...00. O. . .eo .... . .. . 000 5 feet. accessory bUildings 0...0.0... .'.....0.0.0. <) 0.... 5 feet. F) Minimum Rear Yard principal buildings 00.0 ..... . ... ..0 .. .00 0 0 . . 15 feet. accessory buildings o . .. . 0.. 0 . . . .. . . o. .0 .0 . 5 feet. J) Maximum Height of Buildings principal bUiltling~ . ..:0 ..... 0'. .. . . . .. . . .. 21 feet accessory buildings ......40...000...000'.. 21 feet on the front two-thirds of a lot and 12 feet on the rear one-third of a lot. K) Minimum Distance Between Buildings There shall be at least 10 feet of space between all principal buildings, whe ther de tached buildings or connec ting bUildings. - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - '" .~ -, '" Notice of Public Hearing Aspen, Colorado p. 2 2. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of 1956), Section IV - T, TOURIST DISTRICT - by adding new paragraphs J) and K) and ~J amending paragraphs D), E), and F) as follows: D) Minimum Front Yard principal buildings..... ........ ..'......... ..10 feet. accessorybuildings..........................15 feet. E) r1inimum Side Yard principal buildings.........,j........ .'0..... ....5 feet. accessory buildings...........................5 feet. F) Minimum Rear Yard principal buildings. . ........._... ...... ~... ..10 feet. accessory buildings...........................5 feet. J) ]Vlaximum Height of Buildings principal buildings..........................29 feet. accessory buildipgs..........................21 feet on the front . two-thirds of a lot and 12 feet on the rear one-third of a lot. K) ?1inimumDistance Between Buildings There shall be at least 10 feet of space between all principal bUildings, whether detached buildings or connecting buildings. ------------------------------------------ --~-___r__ - .-, Notice of Public Hearing Aspen, Colorado p. 3 3. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of 1956), Section V- B. BUSINESS DISTRICT _ by addition of a new paragraph J) and admending paragraph A) sub paragraph 1; to read as fo1101;IS: A) Uses Permitted 1. Any use permitted in the R6 and T District, subject to alluse requirements specified for such districts illlless otherwise stated herein. J) ~~ximum Height of Buildings..,............38 feet, provided that for each foot of height in excess of 20 feet there shall be one f'oot of rear yard. ------------------------------------------ 4. Amend the text of the Zoning Ordinance (Ordinance No.6, Series J) to read as follows: of 1956, Section VI - U. U1<RESTRICTED DISTRICT _ by addition of' a new paragraph J) ~~imum Height of Buildings..................29 feet. ---------_._---------~--------------------- 5. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of 1956), Section VII - SUPPLEHE:NTA.."l.Y REGUL.ATIONS _ by addition of new paragraphs E) and J) and by amending paragraph A) to read as follows: A) Uses Permitted All service yards, and laundry yards shall be screened vertically 6 feet from grade. All fuel storage tanks shall be completely buried beneath the sur- face of' the ground. Illumination of' uses . . . any light used to illuminate signs, parking areas, or for any other pu:rposes shall be so arranged as to reflect the light away from nearby residential properties, and away f'rom the vision of' passing motorists. ",~e.. S~s . . . in addition to other requirements of this ordinance, all signs f'or identif'ication or outdoor advatising purposes shall comply with the following conditions: ~. A, Notice of Public Hearing Aspen, Colorado p. 4 1. No sign shall be lccated so that safety of a moving vehicle will be impaired by distracting the Vision of the driver of the vehicle. 2. No sign shall project into a public right of way except as per- mitted in paragraph No.3. .:. Identification signs shall identify a business or principal authorized use on the premises where the sign is located: . Free standin~ 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. Projectin~ signs shall be permitted in the B, BUSINESS DISTRICT only. Such signs shall be a minimum of $ feet from the ground and shall not eA~end more than 4 feet from the wall or roof line of' the bUilding, and shall not exceed 10 square feet in area. Wall signs shall be limited to those signs not extending more than 12 inches from the bUilding, shall be of cut out letters not exceeding 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 confusion lJi th traffic signs or signals. 5. Signs shall be kept in good repair and be properly maintained. 6. No flashing-light signs shall be permitted, and gas-filled light tubes mall 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 author- ized under this zoning ordinance and sign permits shall be ob- tained from the building inspector in accordance with the provis- ions as stated in Section XII - ENFORCE~~lIT_ B) Sign Permits. In cases where the ordinance does not apply, in hardship casell and others which the building inspector questions, approval shall be obtained f'rom the Board of .Adjustment. In such cases the Board of Adjustment bef'ore taking action may refer the application to the Planning Commission f'or their reViel-l and recommendations. .,-., I~- Notice of Public Hearing Aspen, Colorado p. 5 E) Minimum Yards No part of e, yard required f'or any building f'or the purpose of comply- ing with the provisions of this ordinance shall be included as a yard for another building, and all yards shall be open and unobstructed except as otherwise provided herein: 1. Architectural features . . cornices, canopies, balconies, eaves or similar architectural features may extend into a re- quired yard not more than 2 f'eet. 2. Fire escapes .. . . . . . fire escapes rr~y extend into a required yard not more than 4 feet. 3. Patio,1;s and fences. . . . are permitted provided the patio's are open, unenclosed and uncovered, and the fences do not exceed 6 feet in height. J) 14aximum Height of Buildings The maximum height of buildings mall be measured, f'rom finished grade, beingof~ eftablishea ~figd~! ~f ~nr~ otherwise being the average ground leveJAo. ~heo~~~uc~ike measufeasl;o tK~ highest point of the structure including elevator shafts, water tanks and air conditioning machinery, but not including chimneys and vents. ------------------------------------------- 6. Amend the text of the Zoning Ordinance (Ordinance No.6, Seriell of 1956), Section IX - BUIIDING REVISw _ to read as follows: A) Purpose With the purpose of conserving the value of' buildings and encouraging the most appropriate Use of land throughout the City of Aspen, the Board of Adjustment shall review all building and sign permits 1-Ihere the character of the proposed construction might be so at variance 1-lith the established exterior architectural appeal and f'unctional plan of the structures already located in the neighborhood as to depreciate the value of' such established buildings. The Board of Adjustment shall restrict its review in each case to the ef'fect of the proposed construction on the health, safety, morals, and general welfare of the City of Aspen, keeping particularly in mind the unique characteristics of existing structures which have established special land values and prosperity for the entire community. --. -- Notice of Public Hearing Aspen, Colorado p. 6 ~) Method of Review After receiving exterior elevations of the proposed structure, viewing the site on which such construction is proposed to be placed, and noti- fying the applicant of the time and place of a hearing on such subject, the Board of Adjustment shall either approve, disapprove, f'>1' I'l' ~1l:e subject to certain conditions, any application which may require such bUilding review. For each case, the Board of 'Adjustment before taking action may ref'er the application to the Planning Commission f'or their review and recommendations, and the Board of Adjustment may (when con- sidered desirable) obtain testimony f'rom architects or other qualified technical personnel on the effect of L~p _ 1 ~L e~ the proposed con_ struction on elltablished land values. ----------------------------------------- of' 1956, Section X - BOARD OF ADJUSTMENT. VARIANCES _ by addition of a new sub- paragraph B)5., and by amending Subparagraph B)3., as follows: B) Procedure 7. Amend the text of the Zoning Ordinance (Ordinance No.6, Series 3. For applications for variances relating to the use requirements of this ordinance, a f'ee 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. 5. VJhenever the Board of Adjustment shall act on matters required by Section VII - SUPPLEMENTARY REGULATIONS _ paragraph A) Uses Permitted, subheading "Signs", subparagraph 7., and matters involving Section IX - BUILDING REVIE\1 - the Board of Adjustment may first refer such applications for a variance to the Planning Commission for their re- view and recommendations. ------------------------------------------- 8. Amend the text of the Zonillg.OI'dinance (Ordinance No.6, Series of' 1956), Section XI--'AME.NDMElNTS - paragraph B) Special Procedure, subparagraph 3., 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 $10.00 shall be charged to cover such costs. ------------------------------------------- ,- ,-., , Notice of Public Jfuaring Aspen, Colorado P.1 1956), Section XII - ENFORCEHENT - by addition of a new paragraph B) Sign Permits 9. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of as follows: B) Sign Permits It shall be unlawf'ul to erect, construct, reconstruct, alter, paint or repaint or change the use of any structure, wall, marquee, or any piece of work composed of parts joined together in some definite manner which are to be used as a sign or picture to conveyor direct a message to the general public without first Obtaining a sign permit; providing, however, that a sign permit shall not be required to repaint exactly as it was previously any of the aforesaid, which at the time of the proposed re- painting conform in all respects with the provisions of this ordinance. For all sign permits required, a fee of 50 cents a square foot of sur- f'ace area shall be charged to cover the cost of administration. ------------------------------------------- 1956), Section XI': - "",-..;..QEF'INlT,ION3 10. Amend the text of the Zoning Ordiance (Ordinance lio. 6, Series of , ,....,~ ~- by addition of new paragraphGG) to read as follows: 00) 'lIard. Service" Are those spaces used for accessory uses which are not otherwise inclosed within a building. ATTEST~ ~ ' ~ ; G C URK 7gvP~4~~d./ 'MAYOR ' .. ~ --......t >. ~. ~ /'" ~ .., . J::?:"/~' -,.; ~;;j?,;':~> .'. .' /~/9~~NTY TRAFTON BEAN & ASSOCIATES . 2300 BROADWAY, BOULDER, COLORADO . HI 2-6654 AND SCHOOL. PL.ANNING May 9, 1960 SERVICE City Planning Commission" City of Aspen Aspen, Colorado Attention, Mr. John Doremus, Chairman Gentlemen, Enclosed are copies of a suggested public notice Qoncerning amendment of the Aspen City Zoning Ordinance. I believe thllse$ugges_ tions concur with actions of the City Planning CommissIon on Thursday, Apri I 28, 1960. Obviously, however, this suggested notice should be reviewed by as many members as possible and then reworded (if necessary) before being submitted to the newspaper for official legal notice of the public hearing. \; If you have any questions on this material please let me know; otherwise, wi I I plan to attend the publ ic hearIng you may $chedule for these amendments. TB,mts Sincerely yours, ~~. Trafton Bear 1,":.' 1--_.__....__ , ~ ,..... ("', NOT! CE OF PUBLJC HEARING CONCERNING ZONING MATTERS I N THE CITY OF ASPEN, COLORADO Notice is hereby given that the City Counci I of the City of Aspen, Colorado, and the Planning Commission of the City of Aspen, Colorado, wi I I hold a public hearing at the City Hal I, Aspen, Colorado, on 1960, at P.M. to cons i der the amendment, revi s i on and adopti on of zoni ng matters. Detai Is of such proposed changes may be studied in the office of the City Bui lding Inspector and are generally described as fol lows, , I. Amend the text of the ZOning Ordinance '(Ordi nance No.6, Series of 1956), Section III - R 6, ,RESIDENTIAL DISTRICT _ by adding a new paragraph J) and by rewordi ng paragraphs D), E) and F) as follows: D) Minimum Front Yard pri nci pa I bui Idi ngs. . . . . . .10 feet. accessory bui Idings. . . .15 feet. E) Minimum Side Yard principal bui Idings. . . '5 feet. accessory bui Idings. . . . 5 feet on the front one- third of a lot and 5 feet for all side yards abutting a publ1c street; otherwise, 2 feet on the rear two- thirds of ,a lot. F) Minimum Rear Yard pr j nci pa I bu i I dings. . .15 feet. accessory bui Idi ngs. . . 5 feet. J) Maximum Height of Bui Idings pri ncipa 1 bui I di ngs. . . . . . .21 feet. accessory bu i I dings. . . CI- \'I . .21 feet on the front two- thirds of a lot and 12 feet on the rear one- third of a lot. -----------------~----------~---------- , r" i"""\ Notice of Public Hearing Aspen, ColoradO p. 2 2. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of 1956), Section IV - T, TOURIST DISTRICT - by adding a new para_ graph J)and by amending paragraphs D), E) and F) as follows: D) Minimum Front Yard pri nci pa I bui Idings. . . . .10 feet. accessory buildings. . . . .15 feet. E) Minimum Side Yard principal buildings.......... 5 feet on the front one- third of a lot and 5 feet for a II si de yards abutti ng a publ ic street. F) Minimum Rear Yard principal bui Idings. . . . . . . . . .10 feet. J) Maximum Height of Buildings principal bui Idings. . . . . .29 feet. accessory bu i Id i ngs. . . . . .29 feet on the front two- thirds of a lot and 12 feet on the rear one-third of a lot. ----------------------------,----------- 3. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of 1956), Section V - B, BUSINESS DISTRICT - by addi tion of a new paragraph J) as fol lows: J) Maximum Height of Bui Idings. . . . . . . . 38 feet. --------------------------------------- 4. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of 1956), Section VI - U, UNRESTRICTED DISTRICT _ by addition of a new paragrllphJ) to relld as follows: J) iIIaximumHeight of Bui Idings. . . . . . . . 29 feet. ---_._-----.--------.------......_----~-------- , f"", t"""'l Not i ce of Pub I t c Heari ng Aspen, Colorado p. 3 5. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of 1956), Section VII - SUPPLEMENTARY REGULATIONS _ by addition of new paragraphs I) and J) and by amending paragraph A) to read as follows: A) Uses Permi t ted ~II servi ce yards, garbaBecans, and laundry yards sha II be , ':..____s_c:reened from vj ew dUrl ng a II seasons. ,--...~,."-~_.~ -Gas storage tanks shall be completely buried beneath the surface of the ground. Illumination of uses...any light used toi Iluminate signs, park- i ng areas, or for any other purposes sha II be so arranged as to reflect the light away from nearby residential properties, and away from the vi si on of passi ng motorists. Signs...in addi tion to other requirements of this ordinance, all sl gns foridenti fi cation or outdoor adverti sing purposes sha II comply with the following cond1tions: I. No sign shal I be located so that safety of a moving vehicle wi I I be impaired by distracting the vision of the driver of the vehicle. 2. No si gn sha II project I nto a publ i c ri ght of way. 3. Identification signs shall identify a business or principal authorized use on the premises where the sign is located; free standi ng or projecti ng si gns shall be I imi ted to one such sign per principal use, not exceeding 10 square feet, and wall signs shall be I imited to those signs not extend- ing mOre than 12 inches from the building, shal I be of cut- out letters not exceeding 12 inches in height per letter and not exceeding 30 linear feet per sign. Free standing signs shal I not exceed 12 feet in height as measured from grade and projecting signs shall be a minimum of 8 feet from the ground. Projecting signs shall be permitted in the B, BUSINESS DISTRICT only and such signs shal I not ex- tend more than 4 feet from the wal lor roof line of the building. 4. The color of the signs shal I not cause confusion with traffic signs or signals. 5. 5i gns sha I I be kept in good repa i r and be proper I y mai ntai ned. 6. No f lashi ng-I i ght si gns shall be permi tted, and gas-fi II.ed light tubes shal I be used in signs only for indirect light- ing 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 sha I I be obta i ned from the bui I di ng inspector in accordance , t"\ 1"""1 Notice of Public Hearing Aspen, Colorado p. 4 with the provIsIons as stated in Section XI I - ENFORCEMENT _ B) Sign Permits. In cases where the ordinance does not apply, hardship cases and others Which the bui Iding inspec- tor questions, approval shal I be obtained from the Board of AdJustment. I n such cases the Board of Adjustment before taking action sha.11 refer theapplica.tionto the Planning Commission for their review and recommendations. I) Minimum Distance Between Bui Idings There shall be at least 10 feet of clear, unobstructed space between all principal bui Idings or accessory buildings. "''. cf J) Maximum Height of Buildings The maximum height of bui Idings shal I be measured from finished grade, being the established grade, if any, otherwise being the average ground level of the lowest and highest level of the the structure measured to the highest point of the structure includi ng elevator shafts, water tanks and air condi tioning machinery, but not including chimneys and vents. ----------.----------.-----------.-------- 6. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of 1956), Section IX - BUILDING REVIEW - to read as follows: A) Purpose Wjth the purpose of conserving the value of bui Idings and encour- agi ng th.e most appropri ate use of I and throughout the Ci ty of Aspen, the Board of Adjustment shal I review ali bui Iding and sign permits where the character of the.proposed construction might be so at variance wi th the esta.blishedexterior architectural appeal and fUnctional plan of the structures already located in the neighbor- hood as to depreciate the value of such established bui Idings. The Board of Adjustment shal I 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 particularly in mind the unique characteristics of existing structures which have established special land values and prosperity for the entire com- munity. B) Method of Review After rece! vi ng exterior e I evati ons. of the proposed structure, vi ew- ing 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 shal I either approve, disapprove, '. , f""" !""'\ Noti ce of Pub 11 c Heari ng Aspen, Colorado p. 5 or approve subject to certain conditions, any application which may require such bui Iding review. For each case, the Board of Adjust- ment before taking action shal I refer the application to the Planning Commission for their review and recommendations, and the Board of Adjusfm",nt may (when considered desirable) obtain testimony from architects or other qualified technica I personnel on the effect of the proposed construction on established land values. -------------.----.-------.---------.-.----- 7. Amend the text of the Zoning Ordinance (Ordinance No.6, Seri.es of 1956), Section X - BOARD OF ADJUSTMENT, VARIANCES _ by addi tion of a new Ilubparagraph B)5., a.nd by amending subparagraph B).3., 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 advert; si ng and processi ng. For a II otherappl i ca- tions a fee of $10.00 shal I be charged to cover such costs. 5. Whenever the Board of Adjustment shal I act on matters required by Section VII - SUPPLEMENTARY REGULATIONS - paragraph A) Uses Permi tted, subheading "Si gns", subparClgraph 7., and matterS--- involving S",ction IX - BUILDING REVIEW - th", Board of Adjust- ment shall first ,refer such applications for a variance to the Planning Commission for their review and recommendatiol11l. -------.-------.-------.--.----------------. 8. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of 1956), Section XI - AMENDMENTS - paragraph B) Special Procedure, subparagraph 3., as fo II ows: 3. For proposed amendments to the "Zonl ng Di stri ct Map", a fee of $.30.00 sha II be charged to cover the cost of advertisi ng and processing. For all other proposed amendments, a fee of $10.00 shall be charged to cOver such costs. -------------------------.-------------- 9. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of 1956), Section XI I - ENFORCEMENT - by addition of a new paragraph B) Sign Permits as follows: ... .~ t"', 1""'\ Notice of Public Hearing Aspen, Colorado p. 6 B) Sign Permits It sha I I be un lawfu I to erect, Construct, reconstruct, a Iter, pa i nt or repaint or change the use of any structure, wall, marquee, or any piece qf work composed of parts. joined together in some definite milnner which are to be used as. a sign or picture to conveyor direct a message to the general public without first obtafning a sign permit.3".1( s... ~ For a.11 sign permi ts required, a fee of 50 cents a square foot of surface area shall ,be charged to cover the cost of administriltion. - - _. - - - - - - - - - - - -. - .- .- - _. - - - ._, - - - - _. - - - - - -. - - - - - ...--.'- 1 : I /,', j q ___---- .. " ..','T-~... , . ' , <.,,{!- ,.' .,-', ~__ ',. ..o,.:.:/~..,., _,.....'....,~ - -7' ,,,,,""',;,'r ~ -" ;"_:,"~_(i~~<t_)_,, c/'. "', v; (I '~/-J /"(,..t ; (' ._~h.' ----~' , /. ~"C7f , ,/Q--'--'<J'/'^' ---r-----; ,", J ". /~-. f' Ik"",,, ',;, ,,"" c/f '.",'../ >:'. _.'- ". ,.J., ..1 i c~ f' \",/,(~.t~<, / -( : '*' ~~,~}ttd ~ ~ ~.JJ~ ~ r"'t N-f>~~.a....:d ~~ ~ie:lt ~ ~ .01-1:.k ~ ~.th ~d N-~ ~ ~ cJJ ~ ~ r::k ~ .~ 1:/;;.,. (h~. -' -~ I +J ;r'.~- .. {. . . ('I ,......, Mayll,1960 TO: The Aspen City Planning Commission FROM: Trafton Bean and Associates SUBJECT: Height Limitations in the B Zone We would strongly recommend that the height restrictions be the same on both sides of a. block in simi\lar zoning districts. These height regulations should be based primari Iy .00 factors of "ccupafional densi ty ,off-street parkl ng needs, light end ai r, fi re f ighttng effec- tivene$s. and ralation to axistingstructures~ Sinca thes~ featur.as are genarally th.e s.ame on both sides of a block, to differentiate primar! Iy for reasons of a view to the south seems very quastionable (although I can cer.tainly see why this is "desirable"). I f the proposed maximum hei ght of 38 feet in the Bu,s..! ness District is altered in any manner, the following clause could be considered: (Item No.3 on the suggested public hearing notice) J) Maximum Height of Bui Idings.....38 feet, provided that for each foot of height in excess of 20 feet there shal I be one foot of rear yard. "TI ~I J~ Ilo) z' ,-:' ......ZD'.. ~ ~. ~/B'-l "lief! IS, . "77777f: "0 .R.()~ "( I 411. , , ~ . This proposal would not completely solve the outlook to the south but it might be useful in minimizing the bulk at the alley line and therefore allowing an opportunity for vision, at least in a'n angular direction. Legal basis. for rear yard would. be logical to defend based on densi ty, fire ha,zards, off-street parking Meds, etc., as the hei ght increases. ,. ~ 1""'\ t"'""\ NOTIC'E'OF PUBLIC HEARING CONCERNING ZONING MATTERS IN THE CITY OF ASPEN, COLORADO Notice is hereby given that the City Council of the City of Aspen, Colorado, and the Planning Cornmis$ion of the City of . Aspen, Colorado, will hold a public hearing at the City Hall, Allpen, Coloraqo, on . , 1960, at P.M. to consider the amendment, revJ:-ilfon-and, adoption of zoning mattersl Detail!! of such proposed changes may be studied in the office of the City Building Inspector and are generally described as follows: 1. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of 1956), Section III - R 6, RESIDENTIAL DISTRICT - by adding a new paragraph J~ and by rewording paragraphs D),E) and F) as Follows: I...f'>-R 1<.- D) ~~nimurn_Fron~Xard principal buildings 10 feet. V 15 feet. accessory buildings . E) Minimum Side Yard -~_. -- --~-'."'-'- principal buildings 5 feet. V 5 feet. accessory buildings F) Minimum _R~a:!:..Yard principal buildings ./ 15 feet. 5 feet. accessory buildings J) Ma~!.m':!:r.!U!~~gJ:1::t.~f..B._l! J-l E"h:tlg~ principal buildings ( 21 feet."/ . . accessory buildings . 21 feet on the front two-thirds of a lot and 12 feet on the rear one-third of a lot. K) Min.~IE:Ul11 Di~:t..ance Be~~El.e!l Bl.!..pd~ngs ~~ There shall be at least 10 feet of All pace between all buildings, whether principal buildings or accessory buildings, whe~her detached buildings or connecti~ buildings. _ __. _ .~_ _l,.. _ _ __ _ ... _,J. I / ~ 1 L.. {!",..-- ..L ~ ~, 'f t- ~- I"'. .~ Notice of Public Hearing Aspen, Colorado p. 2 2. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of 1956), Section IV - T, TOURIST DIS~RICT - by adding a new paragraph Ji ~nd by amending ~11{ . paragraphs D), E) and F) as follows: D) Minimum Front Yard accessory buildings . 10 feet. ~. 15 feet, principal buildings . . . '. E) Minimum Side Yard accessory buildings ,/ 5 feet. 5 feet. principal buildings F) Minim~.!!:ea!:._Yard. principal buildings " . 10 feet.~ 5 feet. accessory buildings J) Max~m",m He ight of B.':l.Ud:i,.ngs principal buildings 29 feet. v'" accessory buildings . 21 feet on the front two-thirds of a lot and 12 feet on the rear one-third of a lot. K) Minimum Distance Between Buildings v There shall be at least 10 feet of space between all buildings, whether principal buildings or accessory buildings, whether detached buildings or conneuting buildings. ---.----.----.---------------------- f"""'.. ,.-, Notice of Public Hearing Aspen, Colorado p. 3 3. Amend the text of the Zoning Ordi~~nce (Ordinance vi l. No.6, S,ri" of "56), S"'ion V - B, BUSINESS DISTRICT - by J) addition of a new paragraph J) as follows: Maximum. Height of Bu~ldings , .. . . . 38 feet, provided that for each foot of height in excess of 20 feet there shall be one fqot of rear yard. A - - 4. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of 1956), Section VI - U, UNRESTRICTED DISTRICT - by addition of a new paragraph J) to read as follows: J) Maximum Height of Buildings . . . . 29 feet. y 5. Amend the text of the Zoning Ordinance (Ordinance . No.6, Series of 1956), Section. VII - SUPPLEMENTARY REGULATIONS - by addition of new paragraPhs~) _) and by amending paragraph A} to ",d "' follow", ~ _ JJ;..c . A) Use,s_-..R.e_E!."!:itted ~ All service yards, .ga~1sc./!:6 e.ans., and laundry yards shall be screened ~~., ?"..j--' ~ ib,_l. ~ 1''' i<;Lm~8l'l.a. . -r .J,,,-J~c . . r- ,- All fuel storag~nnk shall~comPletelY buried beneath the surface of the ground. Illumination of uses...any light used to illuminate signs, parking areas, or for any other purposos shall bo so arranged as to reflect the light away from nearby residential properties, and away from tho vision of passing motorists. Signs...in addition to other requiremonts of this ordinance, all signs for identification or outdoor advertising purposes shall comply with the following conditions: r""\ .~ Notice of Public Hearing Aspen, Colorado p. 4 1. No sign shall be located so thQt safety of a moving vehicle will be impaired by distracting 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 use on the premises where the sign is located: ~ 4. Free standing signs shall be limited to one sign per principal use, not exceeding 10 square ,feet ~........"'- Such signs shall not oxcocd 12 feot in height as measured from grade. 5. 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 feei; .,f..loIlj the wall or I . J. L < roof line of the building~"'1'<ULtl~ 10- ~. r ~ , d D ~ Wall signs shall be limited to those signs not extending more than 12 inches from the building, shall be of cut out letters not exceeding 12 inches in height per letter and not ~~ceeding.30 linq~r fe-ot per sigp.-IV tJ SA'J IV SLg...tl6..... r...........J,~J ........ ~ h~"'1.....~,........j.:..v\.l..- The color of the signs shall not cause confusion with traffic signs or signals. Signs shall be kept in good repair and be properly maintained. 6. No flashing-light signs shall be permitted, 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 shr.ll be obtained from the building inspector in o.ccordance with the pro- visions as stated in Section XII - ENFORCEMENT - B) Sign Pormits. In cases where the ordinance does not apply, in hardship co.ses and others which the building inspector questions, approval shall be obto.ined from the Boo.rd of Adjustment. In such cases tho Board of Adjustment before to.king action sho.ll refer the o.pplico.tion to the Planning Commission for their review and recommendations. f"""< ~ .,,' . ~",.;., ,"'.'" Notice of Public Hearing Aspen, Colorado p. 5 J) Maximum Height of Buildings v-< The maximum height of buildings shall be measured from finished grade, being the es~abli.shed grade, if any, 0.. t..he r.W.ise.b.O>ing. thO.' av.e.rag.e .~.ro.un d.. l.e. vol O.f the. l.o.west o:nd highest level of the str cturemeasured to the highest point of the structu e including elevator shafts, water tanks .,~nd air onditioning mD.chinery, but not including chimneys n d vents. --- - ------ _.~ - "'- - ..... '.- .'- .;.0;.,._.:...... _'._ ------ 6. No~ 6, Series follows: Amend the text of the Zonin Ordinance (Ordinance of 1956), Sedtion IX - BUI DING REVIEW - to rend as A) Purpose With the purpose of conserving the value of buildings and encourD.ging the most D.ppropriate use of l~.nd throughout the City of Aspen, the Bo,nrd of Adjustmen~ shall review all building and sign permits where 'the chD.ractor of the proposed construction might be so at variance with the estnblishc.dexterior o.rchitocturnl nppenl and functi.eno.l plan of the structures nlrondy located in the neighborhood as.to depreciD.te the vo.luQ of such established buildings. The Board of Adjustment shall restrict its revi.ew in eo.ch case to the effect of the preposed construction on the hOD.lth, sD.fety, marc.ls, arid gonord welfare of the CHy of Aspen, keeping particularly in mind the unique characteristics ,of existing structuroswhich ho.ve estO:blis.hed specialldnd valuesfCnd prosperity for the entire community. B) Method of Review AftGr receiving oxtorior elevQtions of the proposed structure, viewing the .si te on which such construction is proposed to be placed,and notifying the applicant of the time and place of n hearing on such subject, the Board of Adjustment shall either tlppreve, disQpproVO, or o.pprovo sub joct to certQincondi.ticms, .D.ny QPplicQtion which mo.y require such building review. For ?X~_ CQSO, the BOQrd of Adjustment before taking nctien~ rofer ~l .,1' at to the Planning Commission for their review and recemmendQtions, Qnd the Board of Adjustment mQY (when considered dosirQblo) obtQin testimony from architects or other qualified tochnicQlpersonnelon tho effect of the proposed construction on estQblished land values. - - - - - - - - - - _. - - - _ _ _ ...- _ _ w_ _ _ _ _ _ _ _ _ _ _. _ _ _ , f""', r"""'I , , Notice of Public Hearing Aspen, Colorado p. 6 7. Amend the text of the Zoning Ordinance (Ordinance No.6, Sories of 1956), Section X - BOARD OF ADJUSTMENT, VARIANCES - by addition of a now subparagraph B)5., and by amending subpara- graph B)3., 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 advertising and processing. For all other applications a fee of $10,00 shall be charged to cover such costs. Whenever the Board'o:r.---Adjustment shall act en mQtterll required by Section VII - SUPPLEMENTARY REGULATIONS _ paragraph A) Uses Permitted, subheading "Signs", sub- paragraph 7., and matters involving Sectio~~J- BUILDING REVIEW - the Board of Adjustment ~ first refer such apDlications for a variance to the Planning Commission for their review rend recoJ'll11londatio:ns. 5. ------.-------------------.------- 8. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of 1956), Section XI - AMENDMENTS - paragraph B) Speoial Procedure,subpnragrnph 3., as follows: V3. For proposed amendments to the "Zoning District Map", .t\ ,_ a fee of ",,30.00 shall be cho.rgod to cover the cost of advertising and processing. For all othor proposod amendments, a fee of ~lO.OO shall be charged to cover such costs. ------------------ 9. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of 1956), Section XII - ENFORCEV~NT - ~ ~d4ition 9~ -...-.." ...... a UD'" ~o."'''i;:r~h..B). Sign Permi~)ls .t.'().:t.1.~,,: " / / . /""",,-, ,-" Notice of Public Hoaring Aspen, Colorado p. 7 B) ~~Permits It shall be unlawful to erect, construct, reconstruot, alter, paint or repaint or change the use or any structure, wall, marquee, or any piece of work composed of parts joined together i.n some definite manner which r.re to be used as a sign or picture to conveyor direct a message to the general public wi. thout first obtaining a sign permit. For all sign permits required, a fee of 50 cents a square foot of surface D.rea shall be chD.rged to cover the cost of administration. ------- ---------------- 10. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of 1956), Section VII - SUPPLEMENTARY REGULATIONS _ by addition of new paragraphs E) and F) to read as follows: E) Minimum Yards As defined, all yards shall be open, unobstructed and unoccupied from the ground upward except as follows: 1. Reduc tion . . . . . no part of a yard required for any building.for tho purpose of com- plying with the pr'ovisions of this resolution shall be included as a yard for another bUilding, and all yards shall bo open and unobstructed except as othorwise provided herein. 2. Architectural features. . cornices, canopies, balconios, eD.ves or similar architectural features may extend into a required yard not more than 2 feet. 3. Firo escapes . . . fire escapes may extend into a required yard not more than 4 feet. . Dorothy Hoffmann, Clerk F, W. Anderson Wolf J. Beyer Alfred A, Braun William James, Jr. Councilmen ~ ~ Michael J. Garrish, Mayor John Hall, Treasurer City of Aspen ASPEN, COLORADO October 19, 1960 Clinton B. Stewart, Esq. Aspen, Colorado Dear Clint: Bill Beyer asked me to contact you about the amendments to the Zoning regulations. He said Council wanted "and laundry yards"deleted from Paragraph A Page 3 - Uses Permitted. Although he did not mention it, this seems to aff'ect "hanging of laundry" in Par!!.graph GG- Service Yards, on Page 7. Sincerely DH ~ ~ '. / City Cleri . ~ ~:..,~',< CITY COUNTY TRAFTON BEAN & ASSOCIATES . 2300 BROADWAY, BOULDER, COLORADO . HI 2-6654 AND SCHOOL PLANNING Ju I Y 28, 1960 SERVICE The Aspen City Planning Commission Aspen, Co I ora do Attention: Mr. John Doremus, Chairman Gentlemen: These comments have been delayed much too long followtng the public hearing concerning the proposed e,mendment of the Aspen zoning ordlnancel however, J hope these thoughts may stl I I be useful In your consideration of this.matter. In general, the remarks made at the hearing seemed to reflect Important attitudes concerning zoning in Aspen. My own recommendation would be to amend the Aspen City zoning ordinance all advertised In the public hearing with the follow- I ng ex!"ept Ions: I. (J ) Change the maximum hei ght of prl nei pi!. I bui 1 dings 1 n the R 6 District from 21 feet to 25 feet. 2. (J) Change the maximum height of principal bui Idings In the T District from 29 feet to 25 feet. 4. (J) Delete the maximum height of bui Idlngs as proposed for the U District. 5. (A) Paragraph 4, Number :3 - Change the wording of the project! ng si gns to read as follows: "Projecti ngst gns sha II be perml tted I n the B, Bust ness District only. Such signs shall be a minimum of 8 feet from the ground and shall not extend more than 4 feet from the wa II or roof 'i. ne of the bui ldt ng, sha II not exceed 10 square feet 1 n area per sl gn, and the tota I area of all signs per building shall not be more than one square foot of sl gn per 5 feet. of bui Idl ng frontage." ^. L_....... '" :,t /"""I ,~ 7/28/60 2 Aspen City Planning Commission 5. (J) Add the followl ng paragraph to the section "Maximum Hel ghtof Bui I di ngs" , "For schools, churchell and h<lspitals in the R 6, Residential District and for a.ll uses In the T, Touri st Drstri ct and the B, Business District,. the maximum height requirements for each district may be increased by not more than 50% of the stated maximum hel ght liml tatlons for each district, provl ded a II other requl rements for such dl stricts are complied with and provided the tota.1 floor area of the structure does not exceed the total area of the lot upon which the building is located. Where this 1,1 ratio is not passi ble, the lllaxl mum hei ght requirements otherwl se stated for such districts shall not be exceeded." Another minor modification of wording appears to be in order for the purpose of clarification as noted below: 5. (E) Number 3 mlgnt be adjusted to read as follows, "Patios and fences. . . . these uses are perml tted provl ded the patios are unenclosed and the fences do not exceed six feet in height." The most important amendments obviously concern the helgnt limitations. These height regulations ml,lst be somewhat arbitrary in nature but (except in the U District) I believe reasonable 11mi tations shoul d be t ncluded I n the Aspen zoni ng ordi nance. By adJustl ng the max.imum I n the resl dentla j di stri ct to correspond wi th the County regu- lations and by allowing addltlona.1 flexibility for public and semi- public buildings and for all uses In the T and B Districts where the total density IS IIml ted by a floor area ratio, the Ci ty should be able to protect property values and stl II permit desirable future construc- tion projects. These height limitations are principally for the purpose of permitting adequate light and air to all structures but, In addition, the height limitations are Important in relation to fire hazards, the ab I Ii ty to fight f I res, the prevent i on of undue street conges ti on, and the somewhat intangible Importance of "view" as It relates to the genera I wel fare.. As now recommended the maximum hei ght in the busi ness district could reach 57 feet but this would require a very large lot . . ~ ~ Aspen Ci ty Planni ng Commission 7/28/60 3 wi th much open space and also the rear yard for such a structure would need to. be 37 feet. In the T District the maximum height could be 37t feet, although the density would likewise need to be reduced to the I: I ratio. Certa.!n comments made at the public heari ng might be mentiened at this time. Mr. Ken Moore stated that among ether things "Zoning must be tested in court". He seemed to favor adeption of regulations which would not create any centroversy and would be legally wi theut question. This unfortunately is not pessible. Whl Ie zoning has been used in many cities for more than thirty years, many ef the court decisions have not been censlstent and In the State ef Colorado we do net have enough zon- Ing cases to give us a reliable basis for Colorado zoning law. The only zoning law which could be used with absolute legal assurance would be so weak as to be of very little value. Many of the provisions of the Aspen zoning law were developed after very careful study by local residents who made every e.ffort to adapt the regu I a ti ons to the needs of Aspen, rather than to attempt to find a moderate set of standards which could not be considered controversial. The other comment which seemed out of order to me was that made by Bob Roy in statIng that he "favored zoning but not thl s, zoni ng law". This is much II ke sayi ng "We favor traffi c regulations as long as they affect everyone else but not ourselves." He also mentIoned that the present law has many" loopholes". This point too, seems to me to be very questionable unless the specific "loopholes" are listed and constructive criticism is added in suggest- ing how these "loopholes" might be corrected. Even the 190 pages of sma II pri nt in the CI ty of Denver zonlog law must contai n quI te a few "Ioepholes" according to. the Colorado Supreme Court. My reason for mentioning the comments by Mr. Moore and by Mr. Roy is to emphasize to the members of the Planning Commissien that zoning laws may necessarily be contreversial and that' at times such laws may need to appear somewhat vague. The main point is for members of the lecal Planning Commission and City Counci I to use as much fore- sight as possIble in developing unIque regulations for their own ........ ,. ..- t"', ~ Aspen city Planning Commission 7/'28/60 4 community which seem to be most "reasonable" in terms of the future improvement of the City. If local officials lose faith in the zoning or in the importance of trying to amend the law in order to meet chang- ing conditions, the protection of existing land values and the future betterment of the City wi I I cedalnly be jeopardized. Because of the comments concerning the function of the Board of Zoning Adjustment, I have written to the state Planning Office re- questing that copies of their very excellent publication titled "The Board of Zc;>nl ng Adjustment" be mall ed to the Ci ty of Aspen. Perhaps this publication 11'111 answer some of the questions raised at the public hearlng relative to the function of the Board of Zoni ng Adjustment. Briefly, the following two quotes from a Planning Advisory Service report by the American Society of Planning Officials might also be of Interest: "If planners were omniscient, It would be possible to write zoning ordinances that would cover every situation that could possibly arise. But planners fall far short of unlversa! wisdom, so I t has been necessary to wri te into the ordi nance a few safet-y measures __ escape provl si ons. The most common of these are the provl sl ons for "vari <:Inces" and "exceptions". They are widely used -- and widely misunderstood." "A variance is a modification of the literal provisions of a zonl ng ordi nance granted when strl ct enforcement of the zon! ng or'di nance would cause undue hardllhlp owing to clrcumst,lrlces unique to the indivl- dua I property on whl ch the vari ance I s granted. The cruci a I poi nts of the variance are (a) undue hardship, (b) unique circumstances, (c) ap- plying to the property (not hardShips and circumstances of the owner)." TB:mts Very truly yours, ~~ Trafton Bean r /.~, October 28, 1960 Mr. Trafton Bean .Trafton Bean & Associates 230Q Broadway Boulder, Colorado Dear ~t: I enelose with this,a copy of our Ordinance No. 10, Series of l?~(),..which Wlls read on ~irstreading October 27, 1960. On .~i.'~'3t~ere are two changeswh:l.ch have been made by inter- li~a.tioo and striking. . IWO'Jld like to have you go. over this . carefully and if you ' fi~l1itto be in proper order, would you advise us. In the event any corrections shou.ld be made, these could be effected at the second reading. Si~~..r;ely , 611ntoo B. stewart CBS:s Encl. '-. .ceo .rP Y .Y' ~ , 9 ~, CITY COUNTY TRAFTON BEAN & ASSOCIATES . 2300 BROADWAY, BOULDER, COLORADO . HI 2.6654 AND SCHOOl. PI.ANNING SERVICE November 2, 1960 Mr. Clinton B, stewart, Attorney Box 706 Aspen, Colorado Dear C lint: Enclosed is the copy of your proposed ordl nance amendi ng the 1956 Zoning Ordinance. In general, this seems to me to be very wet I prepared with most of our notations being relatively minor, The only two changes which seem especially important are as fol lows: I. The phrase "on the front two-thirds of a lot and 12 feet on the rear one-third of a lot" in the R6 and T Districts should be printed to appl y onl y to accessory bu i I dings. 2. The maxi mum hei ght of bui I di ngs re-phrased more like the ~ording prevent confusion concerning the in the business district in the tourist district in "ration method. might be order to Although we could reprint the Zoning Ordinance when these amendments are officially adopted, as mentioned to you on the telephone, we would recommend first that contacts be made with your local printers. Hope you wi I I have a serious planning problem during the middle of skiing seasonl Sincerely yours, ~ Tra f ton Bea n Enc I osure: cc: John Doremus _._.",._.."....~. ~._--.~-_... - ""'.~ " S'""dr/ .a-,*l>oos ,.; /~~ ~\ . I\h>;i." I'; /"!.~// O~DWICE mo. / () IO,Sedes of 1960) AN ORDINANCE A.MDDUiG ORnIMNCE NG. 6, SERrES OF 1956. MUTING TO ZONUiG,AND LAND USE IN.mE GITY OF ASPEN, col.ORABO, :m THE FOLLQWING RU:PECTS: AKEND SECTION III~J;6, RESlllElllTIAl. DlSftICT; AMEND SEC- TION IV-I', TOftIST DISTRICT; ~ SECTION V - BUSDlESS DISTRICT; ~D SECTION VI-U, UNUSnIeTED DISTllICT; AMDD SECTI()N VII~SUP- P'l:..DmNTA&Y UG11l.AT1ONS; _0 SECTION IX-BUILDIlfG U\I'I.IN; AMiND SECTION X- BOARD OF ADJUS'1'MItf;1'. VAllIANCES; AMEND SECTION XI-.llM;!ND- MElffS AIm SPECIAL PBecEDUB; AQIlD SECr.um XII- iNFOBCDIINT; AND AlIlEND SECTION XIV-DEi'UITI-..s; AND UPEALING POl.TIONS or SAID ORDIlWi/CE NG. 6, SRIES OF 1956. BE IT ORDA:mED BY THE CITY COWell. OF THE CITY OF ASPEN, COLOBAOO: SECT:toIII 1: SECTION III-B6, RESIDENTIAL DIS'l'lUCT, Ordinance No.6, Sed., of 1956. Shall be aDd is hereby amen..4ed to rud as follows: D. ~~ ~t:,Y~ Princi.pal J>uildings AccessQry Gid,Uings E. liin~ Sf;,de Yard .. . . . . .. . 10 feet . IS feet: . . . . . * !'rindpai J>ullltfngs . -- AccessorY Buildings . . . . . . .5 feet: .5 feet '.. .. . . .. .. .. "j>."~..:,,"~.,c{; /., ' F. M~~ Rear, ~~ f; :'},~ '\ r tr" ....'0 //i ~r:yr ) ',) \II ,.A' /. J. Maximum ~~..t qf lluild~ i +l\,lftl ,/ / ~~, \~ ..... / } ~ ;l/ J~ ~~\ :~~/'~ CAccessory J>uil!lli { :;'l~'J '. . \:,. \"j~ , ,on the b~t two-1::.hirds $f a lot ud 12 i_at on the rear OI.1E1-third of a lot W iii. r e$ . ''C;a s n R;"'~ ot, the heipt requirements may be increased by not ~re t".:n 50 per Cfll.'K, of the S:ta~d height limitations, provi- ::.~~~O::~~l=u:::s t::r s::'~ -:_~;:: t~: :: pro- exceed the tQtal.~ of a.. lot up<m. w1. '1:he buildt~ 161 leeatu. ~e ,th1& '1:1 J:a:t-i.4;, :i4I,a~~sihl.,. ' .... ,bel~ r..ulre- -'menu as atated fm:'.6j~ ~11 . be < ' '. ' {'..,,; hiacipa1 J>ulldings Ac_ss~:ry wildings .. . . ... . . 15 feet 5 feet: .. .. . .. .. .. . Principal buildiRgs . . . . . . . 25 feet . .. .. . . . . 21 feet ^'._..'''~--~.'"''--..,"',:~. /1,--..I.u' t . v; ~,,.,,'(: " " " ,. ~<--, .~ --- ',,;' .1 - '~""'''''''''''''_''''''_''''''''''''''''''',P<",."" it, ~mum~~~~~~... ~1'~~"-""-'~ '~"""\ ,. :::" .... ..' . .... ....... .0'. .' ,.. '.. . . . . .... ~, "ther~ . aball ~. all; .J.<<~tt~..,feetof 1J~ ",twe~..11 \ i't'~e.tpiIU. butld:l.qs. whetbElr:"ta~d buf,l~:tngs '0.' e~ctieg buUd.. \ ingS'j , ; ~ SEC'nOJl 2: S1CT1C)N .IV . T. ~T &IiftICT, Oz'd~~_ No.6. $fates of l!15-fi, $lUlU be and is beretJy amended to read as foU_ : n. mtt1:au:lm Fmnttud Principal buildings . Accessory buildings . . . . . . . lO feet . , 1.5 feet , . . E. ~~Si~ Ytr~ Principal bUildings . . Accessory buildings . . . Olt. <lI< .. . . 5 feet 5 feet '" 40 a .. F, Hi.n~'~ ~d Principal buildings . . . . . . .. 10 feet Access-or:y bu!ldi.ngs . . . . . . . .5 feet .J. ~xiun.Jm Heiltht; of a,;..jld1n26 Principal buildings . . . . . . . 25 feet Accessory buildings , . . . . . . 21 feet tbe f~ two-tb1rds ol a lot ll'Dd 12 feet the rear one..thi~ of a 10 For all U$eEI in the' , st $urut:. '. ~a ~ height requirements may be iacreuad by not more than .50 per: cent of the stated height limitations provided all other requ;!:rements for tbis district are canplied mth and provided the total floor area of the . truebu:e above grade does not eJtCeed the total area of, the lot on which the bui1diq is located. WWt1:"e this 1:1 ratio is not: p08s1ble, the max:lmum height ~irements as state. ,for^ Toudst nistrict shall aot be exceeded. &t" T ' I K. Min:lmum J)1st:ane~ ~bleea Bu~1.cU'l'll'$ , Lfli &...". .....,.", There shall be at: least,,_. feet of SpaCfll between aU principal buU4ings. whether deuehed buildings or connecting buildings. .( SSCTI(.)Bt= SECTION V -",BtlSINUS DIS'!'IUCT. Oz'diaance No.6. Series of 195', shj:lU be aml 1s 1:aereby ~ to road as follows: "" .",,.,.'~ ...,;' ';i",,"{~'j":':'" 'r',,-' A. Us... l~~)a1ttell1 1. AtlyUh perm1t:ted in tha Il6 ad T Dillltrlct. subject to aU use 1:"equlr~ts spaei.fud for such districts un. less od\erwtsa stat" herem. .. 2 . .,'~ I I I 'I \ t * ~ ! i' M I II\. 1 .i . ~; 'i., . >,. 1 1! 1ll..t "k t Z t , , ;i; I 1 t r , ri / { 4 I ,j' !of~. Rear ~cl Priacipal buil4ings . . . . . . . 10 feet ActeessQry wilclings . . . . . . . 10 feet: J. ~,.iJllW!l Hei~ht of ~cij.VB,~ r-"~-""L. The hei t requ ~J1ta for this iat;, ct depetld Oft /'~' ,.".J~ "\ the ratio 0 1 : , by which the tG 001' area of the S f ,JIIIY sl:rueture a ground 40es not exe tllOre thaa 2~ t:t.ma / ,.J ~~,/-<'" the total ar of the lot Oft which t structure is toea- ~~,"-/ te4~ provi ' 1 other requ1re&uents f thb 4istdet: are eomplle4 with. hI'" .,/?ttS4# I;'~e 4; ~S''''I#S .a5~ ~e,., oF''''1 6e"D L I. . . ^. " . '.', ........'..',' ...., ',' ...... :. :..,..' .... :'" '1'I4X:"''''1If A"fAT re/";;..f.",e,,-h p"."JilltI .II.~ "1J''';'''''''J!s ...o..~:s eI,~et' ..~ C#",,,,/Ie.tl . wi#. ""'" ~"I"e-" ,.,(" "tW ,t'~ ,,.eq 61' "'~ ~ve,t",.<!, "IH'I' 9",eI, "-Us ",f e'kut/.,; 1'..,.. ""'; ,"e-'*// ,l,iorq Ht! ,,~/ '1"t'tI ,,1'~.e lor "" .,6.,'6.1 ~'JlJlt.I:l1, ",j- I""",~.{, SlalON 4: SECTIOli VI- U. ummSTRICTED DISTRICT. 0<<1- nance No.6, Sft"ie3 of 1956, shall be and is n.rebyameadec1 to read as follows ~ J. ~!i'l1lllll H!i~bt Qf 1Iu~ldi~ . . .. 25 feet S:lCTION S. SECTION VII - SUPP~Y .uGUI:.ATlONS, Ordinance h. 6, Series Qf 19S6, shall be and is hereby 8Il1e1:lcIH to read as follows: A. Uses Pel'lllitt~ All service 1ft0, ..~lIJil tl.li!LJfi,II],."..$be 11 be~ screened from the ground to 6" feet ~,&.J. J L I '..,~ All fuel storage tank$ shall .'be completely bur!e4 beneath tbe surface of the ground. Illu:m.iaatie uses ... any light Qsed to 1llu:m.i- ute sipe, parking areas. or for asy other purposes shall 'be so an_ged as to reflect: the light away from nearby residential properties and away from the vision of pus1ag tllOtor:l..&ts. Signs ... in addition to otber l:~!'_eats of this ordinance. all signs for i_tifi_don or outdoor adve1l"tising ~ses shall cOllI.ply with !:be followiug cll'm.4it1ou: 1. No sip sull be located so that safety of a moving vebide will 'be impaired hy~streeting tbe vi,sion of the driver of the vehic!e. 2. No sip $ha11 proJect into a pt.ll>li.c: right.of- way ccept u peXlllittei in Ji'ar4graph No.3. 3. Uentif1~ti_ sips $ull 11lentifya busine&s or pr:i.nc:tpel mttbori. use on the -premi$.ea where the sip is 1oeated: ... 3 . ,'~ ". '"~ ... ~. ~, ORDINAN'CE NO.~ /IIJ IiSeries of 1 60) AN ORDINANCE AMENDING ORDINANcE NO.6, SERIES OF 1956, RELATING IO ZONING,AND LAND USE IN IHE. CIIY OF ASPEN, COLORADO, IN IHE FOLLOWING RESPECIS: AMEND SEC'rION UI-R6, .RESIDF;NIIAL DISIRICT; AMEND SEC- IION IV-I, TOURIST DISTRICT; AMEND SECTION V ~ .BUSINESS DISTRICT; AMEND SECTION VI-U,UNRESTR.ICTED DISTRICT; AMEND SECTION VU-SUP- PLEMENTARY REGULAl'IONS; AMEND SECTION IX-BUILDING REVIEW; AMEND SECTIONX-BOARD OF ADJUSTMENT,. VARIANCES; AMEND SECTION XI-AMEND- MENIS AND SPECIALPROCEj)URE; AMEND SEC'l'IONXU- ENFORCEMENT; AND AMEND SECTION XIV-DEFINITIONS; AND REPEALINGPORl'IONS OF SAID ORDINANCE NO.6, SERIES OF 1956. - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: SECTION 1: SECTIONIII-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 Accessory buildings . 10 feet 15 feet E, Minimull1 Side Yard Principal buildings Accessory Buildings 5 feet 5 feet F. Minimum Rear Yard Principal buildings Accessory. buildings 15 feet 5 feet J. MaXimull1 Height. of Buildings Principal buildings 25 feet Accesso!'ybuildings 21 feet on t:he front two-thirds of a lot and 12 feet on the rear one-third ofalot,/ For Schools, Churches, and Hospitals in R-6 Residential Distri~t,the height requirements may be increased by not more than 50 per cent of .the stated height limitations, provi- ded all the other requirements for theR-6are complied with and pro- videdthe total floor area of the structure above grade does not exceed the total area of tlje lot upon which the building is located, Where this 1: 1 ratio:; is not possible, the maximum height require- ments as stated for R.-6 shall not be exceeded. - - K. Minimum Distance Betweeri Buildings There shall be at least 10 feet .of space between all principal buildings, whether detached buildings .or cennecting build- ings. SECTION.2: SECTION IV - T, TOURIST DISTRICT, Ordinance Ne. 6, Series .of 1956, shall be and is herepyamended te read as fellews: D. Minimum Front Yard Principal buildings AccesSerybuildings 10 feet 15 feet E. Minimum S ide Yard Principal buildings Accessery buildings 5 feet 5 fee t F. Minimum Rear Yard Principal buildings Accessery buildings 10 feet 5 feet J. Maximum Height of Buildings Principal buildings Accessery buildings 25 feet 21 feet)( >bn the front twe-thirds cfa let and 12 feet .on the rear ene-third .of alet,jfor alluses in the T, Tcurist District, the maximum. height requirements may be increas.ed. by net mere. than. 50 per cent .of the stated height limitatiensprc'Vided all ether requirements fer this district are cemplied with and pl:"cvided the tetal flcer area .cf the stru~ture abcve grade dees net exceed the tetal area .of. the let en which.the building is lccated. Where this 1:1 ratie is net pessible, the maximum height requirementl;as sta.te.d for Teurist District shall not be exceeded. K. Minimum Distance Betwee.nBuildings There shall be at least ten fe.et of space between all principal b1J,ildingll, whether detached buildings .or cennecting buildings. SECTION 3: SECTION V - BUSINESS DISTRICT, Ordinance Ne. 6, Series .of 1956, shall be and is hereby amended t.e read. as fellews: A. Uses j?ermitted 1. Any use permitted intheR6 and T District, subject te a.ll use requirements specified for such districts un- less .otherwise stated herein. 2 '1-" _.4" /~ ~\ F. Minimum Rear Yard Principal buildings Accessory buildings 10 feet 10 feet J. Maximum Height of Buildings for all Uses The height requirements for this district depend on the ratio of 1:2~,by which the total floor area of the structure above gr6und does nOt exceed more than 2~ times the total area of the lot on which the structure is loca- ted, provided all other requirements for this district' are complied with. SECTION 4: SECTION VI- U, UNRESTRICTED DISTRICT, Ordi- nance No.6, Series of 1956, shall be and is hereby amended to read as follows: J. Maximum Hei.e:ht of Buildings . . . . 25 feet SECTION 5. SECTION VII - SUPPLEMElllTARY REGVLATIONS, Ordinance No.6, Series of 1956, shall be and is hereby amended to read as follows: A. Uses Permitted All service "ard. s'.i. .... ".' '-1" L h 11 b . J.. < .~ _ . . sa. e J screened from the ground to 6 feet from !,H. ,1p'~ All fuel storage tanks shall be completely buried beneath the surface of the ground. IllUmination uses ... any light used to illumi- nate signs, parking areas, crior 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 other requirements of this ordinance, all Signs for identification or outdoor advertiSing purposes shall comply with the following conditions: L No sign shall be located so that safety of a moving vehicle will be impaired by diStracting 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 priricipalauthorized use on the premises where the sign is located: - 3 - II ~,"""-".J ~ em BOAlD OF AJ)JUS'DtiNT ZONING WILLIAM FIELD ~.d. . GDE M4$ON - ~ At..BD'f BU1tO' 'Am'. DS1'1Wf WlLBUI. ZORDELL -- \ ) '1..--..-'- .'.~~#~ t;;;;!~ -~ ~ ~t..'L.- ~", ut~ , . ~~ ~~ , ~ TABLE OF CONTENTS page DISTRl CTS. 0. ,0' .0' .0.,..... ... . . . APPLICATION OF REGULATIONS. ..... ....... R 6,RESJDENTI.AL DISTRICT .. . . .. . . .. . . .. 2 T.t TOUR 1ST 01 STRICT .0' . . . '0 .. 0' . . . . . . . . o.o. 3 B, BUSI,NESS D1STRLCT... "o. o..o..."......o. 4- Ui UNRESTRICTED DISTRICT. . . .. . . .. ..... 5 SUPPLEMENTARY REGULATiONS . . . . . . . . . . . . .. 5 NON-CONFORMING USES .. . ............. 6 BUILDINGREVl:EW.. . . . .. . . . . . . . . . 0- .... 7 BOARD OF ADJUSTMENl", VARIANCES. . . .. ....... 8 AMENDMENtS. II . . . . . .. '0 . . . . . . o.. ...o. 9 ENFORCEMENT . . . ,. .. . . . 0. . . . . . . . . . . 'o. 1'0 INTERPRETATION, CONFLICT WITH OTHER LAWS. . . . . ... 10 DEFINITIONS. " . .. . . 0. .. . . 00 . .0 . . . . . . o.o. II' , VALlDITY,. .. . .~ . . " .. . ., . . . . . . . . . . o.o. 14 VIOLATIONS AND PENALTIES.. . . . . .. ........ 14 REPEALS, EFFECTIVE DATE . . . . . .. . . . . . . ... 15 . > ~ .' , . I .~ ORDINANCE No.6, SERIES OF 1956 . AN ORDINANCE ESTABLISHING LAND USE ZONING DISTRICTS IN THE CITY OF ASPEN, COLORADO; REGULATING THE USE OF THE LAND AND THE USE, LOT AREAS, LOT WIDTHS, AND YARDS FOR BUILDINGS; MINIMUM FLOOR AREA OF DWELL1:NGS, AND OFF-STREET PARKING RE?JIREMENTS; ADOPTING A MAP OF SAID DISTRICTS; PROVIDING FOR THE ADJUSTMENT, ENfORCEMENT AND AMENDMENT THEREOF; PRESCRI BING PENAL T J ES FOR THE VIOLATION OF ITS PROVISIONS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAI NED BY THE CITy COUNCI L OF THE CI TY OF ASPEN, COLORADO: Section I DISTRICTS A) Establishment of Districts In order to carry out the provisions of this ordinance, the City of Aspen, Colorado, Is hereby divided into the fol lowing z.oning districts: ~ .; R6, Residential District T, Tourist District B, Business District U, Unrestricted District . B) ZoningMap The boundaries of these districts are established as shown on a map entitled "Zoning District Map" of the City of Aspen, Colorado, dated the .18th day of JiJne, 1956, which map is hereby made a part of this ordinance. Sect i on I I A) Existi ng BiJ I I dings The regulations contained herein are not retroactive in their appl icati on on existi ng bulldi ngs. B) G~neral Application APPLICATION OF REGULATIONS . Except as otherwl Se provl ded, no b.u i I di ngs, or other structure, or land sha,II be used, and no building or other structure shall be erected, reconstructed, moved into or wi th i n the Ci ty L im,l ts, or structurally al tered except in conformance with the regulations herein specified for the district in which such building is located, , - I - * B) * . Section III R 6, RESIDENTIAL DISTRICT A) Uses Perm i tt.ed I. One-fami I y dwel lings; 2. Two-fami Iy dwel lings; 3. Public schools, parks, playgrounds, and recreational areas; 4. ,Churches and church schoo Is; 5. Hospl tals; 6. Publ ic uti I ity mains, transmission and. distribution lines, substations and ,exchanges. 7. Farm and garden bui Idings and uses---provic:Jed that a.ll such bui Idings a.nd storase .areas are located at least 100 .feet from dwellings on other lots; 8. Home occupations; 9. Identification signs---one per lot, and only if such signs are un I If1hted, I ess than 3 square feet in area, and descr j be the I.ot upon which they are located; 10. Fences, hedges and wa.! Js---providedsuch u.ses are lesS than ~ feet in height when constructed of materials tending to obstruct motorists vision, and when located within 75 feet of the cehter line intersectiof'l of two st.reets or roads. II. Accessory buildings and uses. Minimum Lot Area C) per dwe I I i f'lg Minimum Lot Width . . . . .6000 square feet. o . .~ .. ~ . .. per dwelling. ... ".O' .'.. .> 0. .:'o.60feeto D) Minimum Front Yard principal but Idings. accessory but Idings. . E) Minimum Side Yare:! principal buildings. . accessory but Idings. . 0' '" 0 . .15 feet. .15 feet. .,. .,. 0 " . . . . .,. '" . 05 feet. . . . . .5 feet on the front one-th ird of a lot and 2 feet on the rear t'tio-th irds of a lot. . . F) lit in i mU.m Rear Yard . . <) . . .5 feet:o . .,. . 0 .2 feat. G)' pri ncl pal bui Idi ngs. . . . . accessory bu I I dings. . Minimum Floor Area . 600 square feet. per 'dwellIng unit. . . . ,. It . 0.. .0 H) Minimum Off-Street Parking perdwel ling unit... " . .0... eo I) 0 one space. *Refer to section VII, paragraphs "B'" and "L" , - 2 .. . A) * BY * C)' I I Section IV T, TOURIST DISTR1CT Uses Permitted I. Any use permitted in t,he R 6 District; 2. Boarding and rooming houses; 3. Hotels and motels, including incidental business; 4. Medical and dental cl inics; 5. Membershi p clubs-bsubject to approval of the Board of Adjustment; 6. Mul tiple-fami I y dwellings; 7. Nurserl es and greenhousell; 8. Private schools; 9. Profesllional offices; 10. Resort cabins and lodges; II. Restaurants and tea rooms, excluding drive-in eating places; 12. Identification signs---provided such signs are for identifica- tion of a busl ness located on the preml ses and do not exceed 10 s,quare feet for anyone sign, and provided the total area of signs displayed by anyone establ ishment does not exceed one square foot of si gn surface for each three feet of front- age actua.lly occupied by the building within whIch such business Is located. 13. Mining and oil d,rllllng--subject to approval of the Board of Adjustment. Minimum Lot Area per dwel I ing, motel, hotel, rooming house, or resort lodge. . . . . . . .6000 square feet. Minimum lot Width per dwel ling, motel, hotel, rooming house, or resort lodge. . . . . . . .60 feet. 0) Minimum Front Yard principal bui Idings. '. . . . . . . . 15 feet accessory buildings. . . . . . . . . 15 feet F) Minimum Rear Yard prIncipal buildings., ... . . " G) Minimum Floor Area perdwell,i,ng u,nJ+.oo 0 o. 0 0 . o. . H) Minimum Off-Street Parking per dwelllnguni.t 00 "~'... .. .. . . per uni t for hotels or motels. . . for all other permi,Hed uses. . . * Refer t,o Section VII, paragraphs "B" , and',n Lft' E) Mlnillll.lm Side Yard pr i nci pa I bu iI dIngs. . . accessory bui Idlngs. .. 0. 0. . . 5 feet . 5 feet when on the front one-third of a, lot. . . o. 0 . 2f eet 300 sq'uare feet. one space one space one space for each 400 sq. ft. of total floor area wi th such park_ Ing spece located within 200 ft. of the permItted use. - 3 - , Sect Ion V B, BUSl NESS D I STR,I CT A) p. " Uses erml tteq I. Any use permi tted in .the.R 6 Md, T Districts, subject toall requirements specified for such dls.tricts uQless otherwise stated h,erei n. 2.. Any gener",1 J:>usiness, commercial or'llholesaleacUvity, including: automobile repal rshops, bakeries, banks, bu i I ders' su PI' I Y yards and I.umber Y<il rds, I aundrl es, personal service shops, rest;!.urants and tea rooms, print ing and publlshi ng establishments, stor:age" warehouses, a I I retai I sal es out I ets-....wl th the except ion of uses specifically l.istedbe1ow; provJ d,ed tha t for each ,of .ttw above permUted uses oU,tdoor storage areas and excavated lands are completely concealed by a fence at .least 7 feet in. height. 3. The fOllow,ing uses, whICh may cr,eate .urJU$lIaltr",ff c haz",.rds, provldedaJ I such uses are ,approveq by the Board.o Adjust- ment, pi aces s,ervi ng fooq or beveragea outside of ,an enc loseq bu i l.ct.i ng, places Of allll;lsement or recreation, advert! s.i ng sign boards, gasoline statiOns. H) Mi n!mum Off...Street Pl!r:ki ng For all permUted uses to be located in a b lock not ,more th<iln 5~ covered wi th. bu i I d I ngsatthe t.1 me of pas$age of this ordinance. ... .. " . . . one space for each 400 square feet of total floor area.", . - 4 - Section VI A) Uses Permitted I. All uses not otherwise prohibi ted by law, provided, however, that none of the following uses shall be established unless approved by the Board of Adjustment: U,UNRESTRICTED DISTRICT outdoor advertising signs; smel ti ng of ores; manufacture of explosives; junk yards; garbage, offal or dead animal dumping or reduction operations; establishment of a quarry, gravel pit or mine witnin 100. feet of a pub lie ri ght of way; or' any addition to any of the foregoing uses. Section VII SUPPLEMENTARY REGULATIONS Regulations specified in other sections of this ordinance shall be subject to the followi ng interpretations and exceptionll: A) Uses Perm i tted . Illumination of uses...any I ight used to illuminate signs, parking areas, or for any other purposes sha II be so' arranged as to re- flect the light away from nearby residential properties, and away '. from the vision of passing motorists. Signs...in addition to other requirementll of thill ordinance, all signs for identification or outdoor advertising purposes shal I compl y wi th the followi ng condi t ions: I. No sign shall be located so that safety of a moving vehicle wi II be impaired by distracting the vision of the driver of the vehicle. 2. No sign shall project into a public right of way. 3. All signs exceeding a total of ten square feet of structure or exceeding one square foot of surface for each three feet of lot frontage sha II be subject to approva I of the Ci ty Counci I according to the provisions of Section IX _ "Building Review" of this ordinance. B) L') Minimum Lot Area and Minimum Lot Width ,~;., SmaJ I lots. .where an individual Jot was held in separate owner- shi p from ,adjoi ni ng properties or was platted and recorded at the time of passage of this ordinance, and has Jess area and/or less width than ,required in other sections of this ordlnance, such a lot may be occupied according' to the permitted uses provided for the district in Which such lot is located, except in the case of motels, hotels, lodges and resorts which shal I not be subject to the preced i"'-9 except i on. " - 5 - Reduction. . . no part of an area or wl.dth requi red for a lot for the purpose of comp I yl ng with the pr'ovl s ions of th is ord i nance sha 1.1 be included a.s an area. or width required for anoth\,r, building. . D) Mini!l\j.lm Front Yard Deveioped areas. . .where lots compnslng 50 per cent or more of the frontage on one side of a street between intersectlng streets have been improved with bu.i' d.l ngs at the time of pas- sage of this ordinance, the average front yard of such buildings .' shall be the minim\.im front yard required, for a.11 new construction in such block. ' G) Mi ni mum F 100rAr~a ' In measu ri ng the m i n i mum f' oor area as requ i red, a II measurements shall be along outside walls of the I iving area, not including garage or carport ar.ea. H) Mi nJ mum Off-Street Parki ng Each space sha.I' be not less than 10 feet wide, 20 feet long and 7 feet high, sha.ll have vehicular access .to a street or alley, and .sha I I be I oca ted on the same lot as the pri nci pai use wh i ch it serves in the "R 6" .oi stri ct.and with in 200 feet of the principal use in the "T" and "Bit Districts. secti on VIII NON-CONFORMING USES Except a,s provided in this secl'lon, the lawful use of any building or land existing at the time of enactmenrof this ordinance, or of any amendments to this ordinanc:e, may be continued even though such use does not conform to the requ i rements.?f ,thi s ordinance. A) Repai rs and Maintenance Ordinary repairs and maintenance of a non-conforming building shall be permitted. B) Restoration A non..c!"nf.orming buildin.g which ,has been dam<:lged by fire or other causes maybe ,cestored to it.s original condition, provided such work,i:s c:p~ll1enced ,wi th in. one year of such c<:ll ami ty. C) Abandonmeri,ct Whenever' ahon-conformi ng use has been di scont i nued for a peri od .of one year; such use shall not thereafter be re-establ ished, and any future use shal I be in conformance with the provisions of th.is ordinanceo D) Change'in Use A non-conform i ng use sh<:ll. I not be changed to a use of I ower, or less restrictive classification; such non-conforming use may, however, be changed to another u.se of the same or higher cl ass i. f i cati on. E) E,itens ions A non-conforming use shall not be extended. - 6 - I I F) Cessat ion ". All business and industrial uses located at the time of enactment of this ordinance in any Residential or Tourist Distrfct shall be discontinued within one year after the effective date of this ordin- ance if such uses ar,e not Contained within an enclosed and covered building and (or) if sach uses are detrimental and injurious to the adjoining lands because such uses create unusual and obnoxious odors. smoke, souners, dust, vibration, or traffic problems. SectJ on /)f SUI WI NG REV I EW A) Purpose Wi th the purpose of conservi ng the val ue of bu i I dings and encouragi ng the most appropriate use of land throughout the Ci ty of Aspen, the City'Council may reviewall 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 located in the n'elghborhood as to depreciate the value of such established bui Idihgll. The City Counci I must restrict its review in each case to the effect of the proposed con- struction on the health, safety, morals, and general welfare of the City of Aspen, keeping particularly In mind the unique character:" istlcs of existing structures which have established special land values and prosperity for the enti re community. B) Method of Review After receiving exterior elevations of the proposed structure, vi ewi ng the site on wh I ch such cons truc t ion is propOsed to be placed, and notifying the applicant of the time and place of a hearing on such subject, the City Council may ei ther .pprove, disapprove, or approve subject to certain conditlons,cany appl ica- tlon Which may requi re such building review. For each case, the City Council may obtain testimony from local architects or other qua Ii fled personne I on the possi b I e affect of the proposed con- Iltructi on on estab lished I and va lues. - 7 - ._-----_.~.,--"_..,....-. ----..-----.-----------.....-. Section X BOARD OF ADJUSTMENT, VARIANCES A) Powers and Duties The Board of Adjustment .shal I have the fol lowing powers and duties, al I of which shal I be exercised subject to the laws of the State of Colorado and subject to appropriate conditions and safeguards, in harmony wi th the purpose and I ntent of thi s ordi nance and in accord- ance with the pub 11 c i nterestand the most appropri ate development of the area , . I, To hear and decide appeals from, and review any order, requirements, decision or determination made by an administrative off i cia I or body charged wi th enforcement of the regu I at Ions established by this ordinance. 2, To hear and decide requests for special exceptions as referred to such Board in other sections of this ordinance. 3. To authorize upon appeal In specific ca.ses variances from the terms of this ordinance, where, by rea.son of excepti.onal shape, size or topography of lot, or other elliCeptional situation or condition of the building or land, practical difficulty or unnecessary hardship would result to owners of said property from a strict enforcement of this ordinance, B) Procedu re The Board of Adjustment shal I hold a publtc hearing on al I appli- cations .and appeals with the following spec;,al conditions required: I, For appl ications for variances relating to the use requirements of this ordinance, a written notice of said hearing shal I be sent by first-clas.s mai.1 a.t least 5 days, or delivered personally .at least 3 days, prior .to the hearing date, to owners of prop- erty wi th in 300 feet of the property in question. 2, For appl ications. for variances not relating to the use require- ments of this ordinance, a written notice of said hearing shal I 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 i.n question. 3, For applications for variances relating to the use requirements of this ordinance, a fee of $10,00 shall be charged to cover the cost of advertising and processi ng, For a II othet' appl ications a fee of $5.00 shal I be charged to cover such costs, 4, Unless. otherwise stated in the Board of Adjustment minutes, all variances permits shall be valid for a period of time not to exceed six months from the time such variance is granted. - .8 - Sect i on X-L AMENDMENTS A) General Procedure Amendments to this ordinance shall be in accordance with the laws of the State of Co orado wlilch require the following action before adoption of any ,su h amendment: I. Study and reco endation of the proposed amendment by the City Planning ommission. 2. Completion of public hearing before the City Council after at I,east I, da s' notice of the time and place of such hearing shall have bee given by at least one publication in a news- paper of gener I circulation within the City. B) Speci a I Procedure Before submitting report and recolllJllendation on any proposed amendment to this rdinance, as required In No. I above, the Ci ty Planning Commission shall hold a public heari ng on the proposed amendment with the following special conditions re"" ired: '" I. A notice of said hearing shall be published once in a newspj:lper of general cir ulatlon within the City at least 15, days prior to the hearing date, which notice may be concurrent with that required to be given by the <:;ity Counci I of its hearing. 2. For proposed a endments to the "Zoning District Map" a written notice of said hearing shall be sent by first class mai I at least 15 days pri or to the heari ng date, to property owners within the area in question, and within 300 feet of the area in question. - , 3. For proposed am ndments to the "Zoni ng DI str.l ct Map", a fee of $15.00 ~hall be charged to cover the cost of advertising and processi ng_ Fo -all other proposed amendments, a fee of $5.00 sha I I be harged to cover such costs. " - 9- Section XII ENFORCEMENT Ai Bui Idi ng Permits After slJc.h t imeas the City Counci I of the Ci ty of Aspen, Co lorado, have appo i n ted a Bu i I dj ng Inspector, I t sha I I be .un lawfu I to '. erect, construct, reconstruct, alter, or change the Jlse of any building or other structure within the City Limits without obtain- ing a bui Idlng permit from such City Bui Iding Inspector, and. such Bui Iding Inspector .shall not issue any permit unless the plans of and for the proposed erect i on, cons tructi on, reconstruct ion, . alteration, or use fully conform to the zoning regulations then in effect, and unless plans to be kept as a permanent public record are submi tted to the Bu I I ding Inspector, For all building permits required, a fee of five dollars ($5,00) sha I I be charged by the Ci ty of Aspen for each one thousand (1,000) square feet, or fraction thereof, of floor area constructed, except that the following construction shall be exempt from paying a building permit fee. (I ) all remodelling which does not extend the floor area of a bui Iding. (2) all construction with a total valuation of less than five hundred dollars ($500,00), Section XIII INTERPRETATION, CONFLICT WITH OTHER LAWS In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare, Whenever the requirements of this ordinance are .at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive, or that imposing the higher standard shal I govern. - 10 - Section XIV DEFINITIONS For the pu rpose of this>or i nance certa i n words or phrases aredef i ned as follows: When not inconsistentwitp 1hecontent, words. used I n the present tense include the future; words in, the singular number include the plural number; words in the plural numbElr include the singular numbElr and the mascul ine includes the fElmlnine. A) "Accessory Bu i I ding" A detached subo dlnate building, the use of which is customari Iy Incidental to that of the main bui Iding or to the main use of the land and which is located on the same lot with the main bui Iding or- use,o B) "AccessoryUseft A use naturally a d normally incidental to, subordinate to and devoted excl us! ve I y to' the ma in use of' the p rem i ses. c) "Alley" A publ i c way perm n"wtl y reserved as a secondary means of access to abu tti ng prope ty. D) "Boarding and Rooming Ho seft R- bui Iding or por Ion thereof which is principally used to accommodate for c mpensation, five or more boarders or roomers, not including mem ers of the occupant's Immediate fami Iy who might be occupyin such bui Iding. The "compensation" shall include compensation in money, services or other things of value. E) "Bui Iding" Any permanent structure built for the shelter or enclosure of persons, an'J'mals, chattels or property of any kind, llnd not in- cluding advertlsi g Ilign boards or fences. F) "Dwell ing" A bu,j Iding or portion thereof which is used es the prlvete resi- dence or sleeping place of one or more humen beings, but not in- cluding hotels, motels, tourist courts, resort ceblns, clubs, or hospitals. In addition, ell dwellings shall be constructed es per- manent bui Idings - not temporllry structures such as tents, rai Iroad cars, trailers, st eet cars, metal prefabricated sections. or simi- lar uni ts. G) "Dwelling. One-Family" A detached buildln designed exclusively for occupancy by one family. H) "Dwell i ng. Two-Fami I y" A detached bui Idin designed exclusively for occupancy by two fami lies I Ivi ng Independent y of each other. - I I - I) "Dwelling, Multiple-Family" A bui Iding, or portion thereof, designed for or occupied by three or more fami lies living independently of each other. J ) "Dwe i I i ngUnlt" One or more rooms in a dwelling, designed for occupancy by one family for living or sleeping purposes .and having not more than one kitchen. K) "Famil y!' An individual or two or more persons related by bl06d or marriage; or a group of not to exceed five persons (excluding servants) living together as a single house-keeping unit in a dwelling unit. L) "Home Occupation~ Any use conducted principally wi.thin a dwelling and carried on by the inhabitants, which ,use is clearly incidental and secondary to the use of the dwell i ng for dwell i ng purposes and does not change the chara.c- ter thereof. ~) "Lot" A parcel of real property as shown with a -separate and distinct num- ber or letter on a plat recorded In the Pitkin County Court House, or 'lihen not so platted, in.a recorded subdivision a parcel of real property abutting upon at least one publ ic street and held under separate ownership. N) "Lot Area'" The total horizontal area within the lot lines of a lot. 0) "Lot Ll ne, Front" The property line dividing a lot from a street. On a corner lot on I y one street line sha II be cons i dered as a front line and the shorter street frontage sha.11 be cons! dered the front II ne. p) "Lot Line, Rear" The Ii ne oppos! te the front lot Ii ne. Q) "Lot Line, Side" Any lot lines other than front lot lines or rear lot lines. R) "Motel" or "Hotel" A building designed for occupancy as the ~re or less temporary abi di ng pi ace of I nd1v! dua I s who are lodge<i wi th or wi thout mea I s and wi th .such bu il ding havl ng sl x or ~re guest. rooms. s) "Non-Conforming Buildings" A bu i I di ng or structure or porti on thereof confl i ct I ng wi th the provisions of this ordinance applicable to the zone in which it is situated. " .'! - 12 - , , AA) 88) cc) 00) T) "Non-conforml ng Use'" The use ef a struc ure or premises confl ictlng with the provisions of this erdinance. U) "Occupi ed" The word "occu pi ed' i ncl udes arranged, desl gned, bu i It, a I tered, converted, rented r J eased, er intended to' be occupi ed. V) .Outdeer Advertising SI ns" Any card, cloth, paper, metal, paini"ed, wooden, glasll, plaster, stone, er other sign of any kind, placed for outdoor advertising purposes on the greund, or on any tree, wall, bUSh, reck, post, fence, bui Idlng, structure or thing hatsoever. W) "Person" The word "Person" s all also Include association, firm, ce-partner_ shl p, or corporatio . X) "Room" An unsubdivlded por ion ef the Interior of a dwelling unit, exclud- ing ba.threoms, kltc ens, clesets, hallways, and service porches. Y) "Street" A publ ic tnoroughfa e which affords the principal means of access to abuttl ng property. Z) "Structure" Anything censtructe or erected, which requi res locatien on the greund or attached to some hi ng havl ng a locatien en the ground, but. not i n- eluding fences or 1'1 lis used as fences less than six feet In height, poles, I ines, cable, or other transmlssien or distribution faci Iltles of pub lie uti I I ties "Use"- The purpose for whi h land or Dui Iding is designed, arranged, or In- tended, or for .whlch either is or may be occupied or maintained. "Wldt~h:fd~:::.nC e paraJlfl to' the front lot line measured betwe!ln side lot lines through that rt of the buJ Idlng or structure where the lot Is narrowest. "Yard" An open space other han a court, on a, lot, unoccupied and unob- structed frem the gr und upward, except as etherwi se provided In th i s ord I nance. ' "Yard, Front" A yard extend I ng acr ss the fu I I wi dth ef the lot between the frent lot line and the nea est line or point of the bui Idlng. - 13 - EE) "Yard, Rear" A yard extending across the ful I width of the lot between the rear lot line and the nearest line or point of the building. FF) "Yard, Side" A yardextendi ng from the front yard to the rear yard between the side lot line and the nearest line or point of .the building or accessory bui Idi ng a,ttached thereto. Section x:v VALIDITY Shou.ld 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 whole or any part thereof, other than the part so declared to be invalid. . Section XVI VIOLATIONS AND PENALTIES A) Any person or corporation, whether as principal, agent, employee, or other- wise, who violates any of the provisions of this ordinance shall be fined not exceedi ng one hundred do I I ars ($100.00) for each offense, such fine to Inure the City of Aspen. Each day of the existence of any violation shal I be deemed a separate offense. B) The erecti on, construct ion, .en I argement, conversi on, mevi ng or ma i ntenance of any bui Iding or structure and .the use of any land or bui Iding which is continued, operated or maintained, contrary to any provisions of this ordinance is hereby declared to be a violation of this ordinance and un- lawful. The City Attorney shal I immediately, upon any such violation having been called to .hisattention, institute injunction, abatement, or any other appropriate action to prevent, enjoi n, .abate or. remove such violation. Such ".ec'iI"i'9rn may also be instituted by any property owner who may be especially damaged by any violation of this. ordinance. C) The remedy provided for herein sha'll be cumulative and not exclusive and shall bei n addj non to any other remedies provided bylaw. - 14 - I I S~cti on XVI I REPEALS, EFFECTIVE DATE A) All ordinances.of the City .of Aspen inconsistenthi.rewifh to the extent of such inconsistency, and no further, are herepy repealed. B) The repeal of any of theabove-mentionedordi nances does not revive any other ordinances or portions thereof repealed by said ordinance. C) Such repeals sh~II not affect or prevent the prosecution or punishment of any person for the violation of any ordinance repealed hereby, for an offensecommi tted pri"r to the repeal. Dj This ordinance sh.al I become effective from and after its fi nal passa.ge and lega I' publication. CI TYCOUNCI L,CITY OF ASPEN, COLORADO /s/ A. E. ROBISON Mayor Attest:- Is< ETHEL M. FROST Cl Y Clerk Finally adopted and approved this 2nd day of July, A.D., 1956 /S/A. E,.ROB.I SON MaYOr ~. '" /s/ ETHER. /to., FROST - 15 - j I . -.,." ~~ f c-J Ollm Q Z '0 W 0 SI ~ =... '.~ ::J i ~..~. · .! il i . .... i1 . ~i . . . . . . ... . ::J !"" .... , .. .- ... .. .. - ... !IIIIIIt ... ""! .... ,. ... PITKIN COUNTY COLORADO ... ... ZON I NG .. - i 1..1 ~j ~/ .A,I- 'a~'- 1rv / {::ou . ...... .......... [] ..,.........:-:-:-::.:.:.::::::::::::::::::::::::::: ............... .................; ....:.:....::.::}}! fa ...., . ......., ........... .................; ......'................. .........::::::::::::::::::{:~~~~ttffffiWffJtt}ij .........................,; ....................., .............; RESOLUTION 'I I ~ - ~ I"'" - Pitkin County, Colorado ~ ZONING RESOLUTION - - I"'" - I"'" I"'" - Originally Adopted On - .June 5. 1955 and - - Including all amendments officially adopted as of June I. 1961 - ~ I"'" . , ~ ... !"'" ... PITKIN COUNTY, COLORADO ... BOARD OF COUNTY COMMISSIONERS ... Sam Howe I I Tom Sardy Orest A. Getbaz ... PLANNING COMMISSION ... Herbert Bayer Fritz Benedict Fred G I i Men Henry Stein Sam Caudi I I ... ... COUNTY ATTORNEY ... Robert Delaney COUNTY CLERK ... Mrs. Peggy Coble ... ... ... TechnIcal Assistance Provided by Trafton Bean &: Associ ate$ Boulder, Colorado ... ... ... ... ~ ~ CON TEN T S '"" '"' Districts. Application of Regulations. R 30, Residential District. R 15, Residential District. R 6, Residential District. AF, Agriculture and Forestry District AR, Accommodations and Recreation District T, Tourist District. . . B, Business District. U, Unrestricted District. . Supplementary RegulaMons . Non-Conforming Uses. . . Board of Adjustment, Variances. Amendments . . . .0 Enforcement. . . Interpretation, Conflict with Other Laws. . . . . . '"' '"' '"' '"' . . . . . . . . . '"' . . '"' '"' Def i ni ti ons . . . . . . Regulations . . . . . . Val idi ty . . Vi olations and Pena I ties. . Repea I s, Effective Date . . '"' '"' Resol uti on Adopti ng a Bui I di ng Code. '"' !"" * See Supplemental printing !"" '"' r"" '"' , , . . . . . . . . . . . . . . . . . Page . 3 . 3 . 4 5 6 .. 7 8 10 II . . 12 13 17 18 21 . 22 22 23 . . . . . . . . . . . * . 27 27 . 28 . 29 1 I ... ... ... ... ... ... ... ,...., ... ... ... ... - - - - ... ... - I ~ - j I .... Section I .... DISTRICTS ... Establishment of Districts .... In order to carry out the provisions of this resolution, there are hereby created in Pi tki n County, Colorado, the followi ng classifications for zoning districts: .... .... R 6 R 30 R 15 AF AR T B U Residential District Residential District Residential District Agriculture and Forestry District Accommodations and Recreation District Tourist District Business District Unrestricted District .... .... Zoni ng Map .... The Boundaries and zoning classifications of districts hereby established are as shown on a map entitled "Zoning District Map" in Pitkin County, Colorado, dated the 5th day of June, 1955, which map is hereby made a part of this resolution. .... Secti on II APPLICATION OF REGULATIONS .... Exi sti ng Bui I di ngs .... The regulations contained herein are not retroactive in their application on existing bui Idings, but apply only to bui Idings established after the effective date of this resolution. .... Agriculture Bui Idings and Uses .... Except as otherwi se provi ded, no bui [dings, or other s.tructure, or land shall be used, and no bui Iding or other structure sha II be erected, reconstructed, or structura II y a I tered except in conformance wi th the regulations herein specified for the district in which such building is located. .... Pi tki n County Property .... Nothing contained in the zoning resolutions of Pitkin County shal I be deemed or construed to interfere with or prevent the Board of County Commi ssi oners from bull'di ng, repai ri ng, maintaining, operating, or leasing and. controlling public roads, highways and bridges, nor to prevent the installation of traffi c control si gns and devi ces, nor to prevent the remova I, transportation, placement, grading, mixing, application and use of the necessary too I san,; machi nery therefor where such operations are under the control and jurisdJction of the Board of County Commissioners, .... .... .... -3- Uses Perm i t ted Minimum Lot Area Secti on I I I R 30, RESIDENTIAL DISTRICT I. 2. 3. 4. 5. 6. One-family dwellings; Two-fami Iy dwel lings; Public schools, parks, playgrounds, and recreational areas; Churches and church schools; Hospitals; Pub I i c uti Ii ty mai ns, transmi ssi on and di stri buti on lines, subs ta ti ons a nd exchanges; Farm and garden bui Idi ngs and uses---provi ded that al I such bui Idings and :storage areas are located at least 100 feet from dwel lings on other lots; 7. 8. 9. Home occupations; Identification and directional signs---provided such signs are unlighted and subject to the provisions, restric- tions and regulations of Paragraph IX, Supplementary Regulations. Unsubdivided land Subdivided land. one acre 30,000 square feet . Minimum Lot Width Unsubdivided land. Subdivided land . . . 150 feet 100 feet . Minimum Front Yard Setback. 50 feet from the center of the abutting public street or road Minimum Side Yard. . 5 feet for a I I bui Idi ngs Minimum Rear Yard . . . Principal Buildings. . Accessory Bui Idings . 10 feet 5 feet Maximum Height of Bui Idings . . 25 feet -4- , , - - Section IV R 15. RESIDENTIAL DISTRICT - Uses Permi tted - I. Any use permitted in the R 30 District. subject to all requirements specified for such R 30 District. unless otherwise stated herein. - Minimum Lot Area Unsubdivided land . . . Subdivided land . . . Minimum Lot Wi dth Unsubdivided land Subdivided land . . . . Minimum Front Yard Setback. . . . $ . . . . one acre 15.000 square feet - . . . . - . . . 150 feet 75 feet . . - 50 feet from the center of the abutting public street or road - Minimum Side Yard ~ .. . ~ . . . . ~ o. . . . . 5 feet for all bui Idings Minimum Rear Yard - Pri nci pa I bui Idi ngs . . Accessory buildings. . . . 10 feet 5 feet . - Maxi mum Hei ght of Sui I dl ngs . . . . . 25 feet - - - - - - - -5- - Section IV-A R 6, RESIDENTIAL DISTRICT Uses Permi tted I. Any use permitted in the R 30 District, subject to al I requirements specified for such R 30 District, unless otherwise stated herein. 2. Fences, hedges and wal Is---provided such uses are less than 3~ feet in height when constructed of materials tending to obstruct motorists vision, and when located within 75 feet of the center line intersection of two streets or roads. Minimum Lot Area per dwel ling 0 0 ~ 0 ~ 0 0 . 0 0 0 . 0 . P 6000 square feeto Minimum Lot Width per dwe I ling .. . . . . . . . 60 feet. 50 feet from the center of the abutting publ i c street or road 5 feet for a II bui Idi ngs Minimum Front Yard Setback Minimum Side Yard . ~ . . . . .0. . . . . . . . Minimum Rear Yard A-i nci pa I bui I di ngs Accessory bui I di ngs . . . . 10 feet 5 fee t Minimum Floor Area per dwel ling unit . . . . . . . . . . . . .600 feet . Minimum Off-Street Parking per dwel ling unit one space Maxi mum Hei ght of Sui I di ngs 25 feet -6- , , - - Secti on V - AF, AGRICULTURE AND FORESTRY DISTRICT Uses PermT tted - I. Any use permi tted in the R 30 Di stri ct; 2. Farm, ranch and agricultural bui Idings and uSeS; 3. Resort cabi ns and lodges, cour.try cl ubs and guest houses; 4. Ai rports; 5. Cemeteries; 6. Fur farms, kennels, and veterinary hospitals; radio transmitting stations; mines,qqarries, gravel pits, oi I dri Iling; riding academies, ski lifts and ski runs; 7. Nurseries and greenhouses; 8. I denti fi catT on and di rect i ona I si gns--provi ded such signs are unlighted and subject to the provisions, restrictions, and regulations of Section IX, Sup- plementary Regulations; Stands for the sa I e o.f agri Ctt I tura I products produced on the premises; Mobile home parks--subJect to Section )0/-A of this resolution. - - - - Minimum Lot Area. . . . . . . . . . . . . . . . . . two acres permi tted bui I di ngs 200 feet for all pri ncl pa I MInimum Lot Width. ......,..'............ - - Minimum Front Yard Uses listed in paragraphs No.3 and No.. 6 above . .. .. .. .. . .. .' . .. .. . 200 feet from the right of way boundaries of highways maintained by the State of Colorado - - Owe I lings . . . . . . . . , . . . . . . . 75 feet from the ri ght of way boundary of pub- liCly maintained highways - Minimum Side Yard Uses listed in paragraphs NO.3 and No. 6 above . . .. . . .. .. . .. .. . .. 100 feet 20 feet - ~AJ I other uses.. .. . . . .. . . .. .. . . .. .. - Minimum Rear Yard Uses Ii sted in paragraphs No.3 and No. 6 above " . ... .. . .. .. . . -.>. .. . 100 feet 20 feet - A II other uses . . . . . . . .. . . .. .. . .. -7- - Sect I on V-A AR, ACCOMMODATIONS AND RECREATION DISTRICT Uses Permi tted I. Any use permitted in the R 30 District, subject to al I requirements specified for such R 30 District. 2. Hotels, motels and lodges--including incidental busin- ess within the principal buildings as required to serve the principal facilities; 3. Identification and directional signs--provided such signs are unlighted when such use Is not in operation, and subject to the provisions, restrictions and regulations of Section IX, Supplementary Regulations; 4, Outdoor recreational areas and incidental facIlities-- provided al I such uses retain natural environmental conditions; do not involve the storage of equipment outside of a bui Iding; and/or are not noxious, offen- sive, or objectionable because of excessive noise, odors, dust, or vibration. Minimum Lot Area Hotels, motels, lodges and recreational faci II ties, two scres All other permitted uses. .. .. " o. .. " .. .. .. .. .. .. one acre Minimum Lot Width Hotels, motels, lodges and recreational facilities. . .. .. .. " .. .. .. .. .. .. .. o. .. 250 feet All other permi tted uses ~ .. 0) .. .. " .. tt .. .. .. ... .. 100 feet Minimum Front Yard Hotels, motels, lodges and recreational faci I i ties. . .. .. .. .. . .. .. .. a minimum of 200 feet from the right of way boundary of highways maintained by the State of Colorado AI I other permitted uses. . . . . , . .. 75 feet from the edge of pub I J c I. y ma i nta i ned highways or 150 feet from the center line of the right of way, wh I chever sha I I be greater -8_ , , - - AR, Accommodations and Recreation District (continued) - Minimum Side Yard - Hotels, motels, lodges and faci Ii ti es e '" .. .. .. . .. A II other permi tted uses . recrea t i ona I .. o. .. .. .. 0 100 feet from all lot lines; I foot side yard for each foot of bui I di ng hei ght measured as provided in this resolution, but not less than 20 feet minimum side yard where adjacent property is occupied by a si ngle fami I y dwelli ng. - - - Mi ni mum Off-Street Parki ng . . . . . . . . . .. one space for each 400 square feet of total floor area" - Maximum Height of Bui Idings . . . .. .. .. .. .. .. .. 25 feet. Minimum Rear Yard - - Hotels, motels, lodges and faci lities " .. .. .. .. .. .. 0 AI I other permitted uses. recrea t i ona I . same as minimum side yard; same as minimum side yardo o. .. .. .. .. .. - Minimum Floor Area e .. .. .. " .. " .. .. .. .. .. .. C> " 800 square feet on the ground floor for any principal use measured along the outside wall, exclusive of garage and carport. - - - -- - - -9- - !""' Uses Perm i t ted Section VI T, TOURIST DISTRICT I. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. Any use permitted in the R 30 District; Boarding and rooming houses; Hote Is and motels, i ncl udi ngi nc i denta I busi nes's; Medical and dental clinics; Membershi p c I ubs---subject to a pprova I of the Board of Adjustment; Mul tip I e-f am i I Y dwe I lings; Pri va te schoo I s; Professi ona I offi ces; Resor t cab ins and lodges; Restaurants and tea rooms; Identification and directional signs---provided the total area of signs displayed by anyone establishment does not exceed one square foot of si gn surface for each three feet of frontage actua II y occupi ed by the bui Idi ng wi thi n which such business is located and subject to the pro- vi si ons, restri cti ons and regu I ati ons of Paragrap'll X, Supplementary Regulations; Mobile home parks---subject to Section >N-A of this resolution; Mi ni ng and oi I dri II i ng---subject to approva I of the Board of Adjustment. 12. 13. Mi n i mum Lot Area.,. .. .(> .. .. .. '. .. . .. .. .. .. . .. . " 6000 square feet permi t ted uses.. for a'll Mi nimum Lot Wi dth . .. .. .. .. .. ~.. ~ .. ~ .. '.. . 60 feet for each dwelli'ng.; 30 feet minimum for other pennitt ed uses. Minimum Front Yard Setback. . ,.. . , . . .. . . .50 feet from the center of the abutti ng pub Ii c street or road. Minimum Side Yard .. . . .. . .. .. .. . .. .. ~ ~ ~ 5 feet for.all bu il di ngs, Minimum Rear Yard Principal buildings Accessory bu i I dings I 0 feet; 5 feet.. Maximum Height of Bui Idings 25 feet. Mi nimum Off-Street Parki ng per dwel linguni t ... .. ... '.. ... ... per unit for hotels or motels, . . ... . for .a II other permitted uses, . . .. . . one s pa-c8; one space~; one space for each 400 sq. ft. of tota.l floor area. -10- , I ... ... Section VII B, BUSINESS DISTRICT ... Uses Permi tted I. Any use perm! Hed in the R 30 and T, Di strict, subject to all requirements specified for such R 30 District unless otherwise stated herei nJ Any genera I busi ness, commercia I or who I esa I e acti vi ty, ;ncl udi ng, autom6bi Ie repair shops, bakeri es, banks, bui Iders' supply yards and lumber yards, c.I ea ni ng estab I i shments, dai ri es, laundries, persona I servIce shops, restaura nts and tea rooms, printing and publishing establishments, storage warehouses, and all retai I sales outlets---wi th the exception of uses specifically listed below. .... 2. ... ... ... ... ... 3. The followi ng uses, whi ch may create unusua I traffl c hazards, provi dedall such uses are approved by the Board of Adjust- ment: ... ... places servi ng food or beverages outside of an enClosed bui Iding, places of amusement or recreation, advertising sign. boards, gasol i ne stations. ... ... Mi ni mum Setback. . . . . . . . . .. . 50 feet from the center line ofa pub lie right of way for all permi tted uses. ... Identification and directional signs. . subject to the provisions, restrictions and regulations of Paragraph I X, Suppl ementary Regulations. ... Maximum Height of BuIldings Mi ni mum Off-Street Parking. . . . . 25 feet. . . one space for each 400 sq. ft. of tote I floor a rea. ... ... ... _ i.1 ,. ... Section VU I U, UNRESTRICTED DiSTRiCT Uses Perml t teo I. A II useS .hot otherwi se prohi bi ted by law, provi ded, i'jiD\lI- ever, that none of the followi ng uSeS sha.11 be established un I ess approved by the Board of AdJustment, but<;loor advertising signs; smel ti ng of ores; manufacture of explosives; Junk yards; garbage, oHal or dead animal <;lumping or re- ducti on operati ons I establ i shment of a quarry, gravel pi t or mi ne wi thl n 200 feet of .a publ i c right of way; or any addition to any of the foregoing uses. i dentl fi cati on and directional signs ....provlded such signs are un lighted and subject to the provi sl ons.restri ct.i ons and regu I ati ons of Paragraph I X, Suppl ementary Regulati Ons. In reviewing the proposed establishment of any of the a.bove listed uses, the Board of Adjustment shaUconsider whether substantial detrime,nt to the public gooo. in conflict wi th the intent anO purpose of this resoLution, mi ght resul t from such use, and where necessary t.o protect adjq.i ning prop- erties. the Board of Adjustment may require appropriate fencing or landscape screening. - 12 - , , ... Section IX ... SUPPLEMENTARY REGULATIONS ... Regulations specified in other sections of this resolution shall be subject to the fol lowing interpretations and exceptions: Uses Permi t ted ... ... I I lumination of uses and reflection on shining metal lie surfaces -- any I ight used to illuminate signs, parking areas, or for any other purposes, shal I be so arranged as to reflect the light away from nearby resi denti a I properti es, and away from the vi si on of passi ng motori sts; and a II meta II i c surfaces shal I be treated in order to reduce the effect of sunlight reflection on nearby residential properties and on the vision of passing motorists. ,'" 1"" Incidental boarding and rooming in dwel lings---the renting of rooms and the providing of table board, or either thereof, in a dwelling as an incidental use to that of its occupancy as a dwe II i ng, sha II be permi tted in any di stri ct, provi ded the total number of persons thus cared for does not exceed four per dwelling. ... ... Roomi ng houses--__a II "roomi ng houses" whi ch sha I line I ude a II hoteis, motels, lodging houses, dwellings or other places where roomers or lodgers are received and housed or kept by the day or week for compensation and to which the general public is received, shal I maintain the fol lowing minimum standards; ... ... I. At least 40 square feet of floor area in each sleeping room for each occupant; ... 2. CI ean and sani tary condi ti ons in a II rooms; ... 3. At least one flush water closet, lavatory basin and bath tub or shower, properly connected to the water and sewer system and in good working order for each ten occupants; ... 4. Hot water at al I times for each lavatory basin, bath tub or shower; 1"" ). No sleeping in any corridors or part of any room used norma II y as a wa I kway or ha". ... Signs----no exterior signs shal I be permitted except as expressly authorized under this zoning resolution and shal I require bui Idi ng permi ts, and sha II be subject to setback requi rements of the zone in which the same are located. ... - Identification and directIonal signs wi II be authorized and per- mitted subject to compliance with the fol lowing conditions: I. No si gns or arti fi ci a I lights sha II be located so that safety of a moving vehicle wi II be impaired by obscuring or impair- ing the vision of the driver of such vehicle. 1"" -13- 2. The color of the si gns sha II nor conf I i ct wi th traffi c si gns or signals. 3. Signs shal I be kept in good repaIr and properly maintained. 4. Identification signs shal I identify a business or principal authorized use on the premises where the sign is located; free standing or projecting signs shal I be limited to one such sign per principal use, not exceedIng 10 square feet, and wa II si gns sha II be Ii ml ted to those si gns not extendi ng more than 12 inches from the bui I di ng, sha II be of cut out letters not exceeding 12 inches in height per letter and not exceeding 30 linear feet per sign. Free standing signs sha I I not exceed 12 feet in hei ght and projecti ng si gns sha Ii be a minimum. of 8 feet from the ground. :>. Di recti ona I si gns sha I I be 6 I nches by 30 inches and sha II show name and mi I eage on I y and the des; gn must conform to standards set by the County Commissioners and will only be permitted when authorized by the Board of Adjustment, upon determination by that Board that the same are necessary or convenient to the traveling publ ic to locate distinctive objects, busi nesses, or land uses, provided that the s.i ze, design and location and contents of such sign are approved by the Board of Adjustment and provided that if any part of such sign or signs occupy a public right of way, a license therefore must be obtained from the Board of County Com- missioners, The Board of Adjustment shal I ~ot issue a permit for directional signs where such requirements are served by a si gn installation provided by the County. In this event, application for installation of a directional si gn upon the County structure may be made to the Bui I di ng Inspector, who shal I determine the reasonable necessity therefore and shal I further determine whether the proposed sign conforms to County specifications, and upon issuance. of a Bui Iding inspector's permit, such a si gn may be prepared and installed at the applicant's expense under the super- vi si on and di recti on of the Bui I di ng Inspector, subject to remova I in event of di sconti nuance of the busi ness served thereby, or if the owner thereof shall fail to maintain the same accordi ng to standards prescri bed by the Bui I di ng Inspector. Building Review.. .with the purpose of conserving the value of buildings and encouraging the most appropriate use of land throughout the County of Pitkin, the Board of County Commissioners may review all bui Iding 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 located in the area as to depreciate the value of such established bui Idi ngs. The Board of County Commi ssi oners must restri ct its - 14 - , , .... .... review in each case to the effect of the proposed construction on the heal th, safety, morals., and gen~ral welfare of the 80unty of Pitkin, keeping particularly in mind the unique characteristics of existing structures which hav~ established special land values and prosperity for the entire region. .... ... After receiving exterior elevations of the proposed structure, vi ewi ng the si te on which such constructi on is proposed to be placed, and noti fying the appl i canfof th~ time and place of a heari ng on such subject, tha Board .of County Commi.ssi oners may ei thar approve, disapprove, or approve subject to certai neon- ditions, any application which may require such building r~view. For each Gase, the Board of County Commi ssi oners may obtai. n testimony from local an:;hJ tects or other qual i fi ed personnel on the poss i b Ie ef f ect of th~ propasad cons truc tJ on on es tab I i shed land values. ... A .... Minimum Lot Width and Minimum Lot Area ~ Sma" lots. . . . whera an individual lot was held in saparate ownership from adJoining properties or was platted and filed at the time of passage of this resolution, and has less area and/or less width than required in other sections of this reso I ut i on, such a lot maybe occupi ed accordi ng to the permitted uses provided for the district in which such lot is located, .... ,J.. Radu<i::tion . . . . no part of an area or width required for a lot " for the purpose of complying with the provisions of this reso I ut i on sha II be i nc I uded as an area or wi dth requi red for another bui Idi ng. - hli n i mum Setback A Deve loped areas ... where lots compri sing 50. per Gent or more of the frontaga on ona side of a street between intersecting streets have been improved wi th bui I di ngs at the time of passage of th i s reso I uti on, to,;, average setback of such bui Idings shall be the minim.ulll setback required for a.ll. new construction in such blOCk. ... ;J. Minimum Floor Area ... In measuri ng tl')e mi nlmum floor area as requi red, a 1.1 measurements shal.l be along outside walls of the living area not including garage or carport. .... ,i-. J... - 15 - J,. .Ct Maximum Height of Bui Idings !_c 25 feet, measured f.rom finished grade, being the established grade, jf any, oth~rwise bei ng the average ground level between the low and hi gh leve.1 of the .structure, measured to the highest point on the structure not including chimneys and vents, provided that the Board of Adjustment may issue per- mi tsforerect'i on or constructi on of structures exceed; ng 25 feet in height where it is determined that the same wi I I not depreci ate adjacent property va I ues, and wi II be com~ pati ble wi th uses of adjacent or surroundi ng property. .J, :'l Minimum Off-Street Parking Each space shal I be not less than 10 feet wide, 20 feet long, and 7 feet high; shall have vehicular access to a street or alley; and shall be located on the same lot as the princi pal use which it serves in the"R 6" District, and within 200 feet of the pri nci pa I use in the "T" and "B" Di stri cts, , - ~:~ c/; ~ .'-1 t': ~ L - 16 - LI ... Section X ... NON-CONFORMING USES - Except as provided in this section, the lawful us.e Of any bui Iding or land existi ng at the time of enactment of this resolution, or of ilny amendments to thi s reso I ut i on, may be cont i nued even though such lJ:se does not conform to the requirements of this resolution, - Repairs. and Maintenance ... Ordi nary repai rs and mal ntenance of a non-conforJ!li ng plJi I di ng s.hall be permitted. ... Res tora t ion ... A non-conforming bui Idingwhich ha:s been damaged Py fire or other causes. may be restored to j tsori gi na i conditi on, provided such work is commenced within one year Of :Such ca lamlty , ... Abandonment ... Whenever a non-conformi ng lJs.e h;as been di :s<:;ontinlJed for a peri od of one year,s uch us.e :s'hall not therea f ter .be r.e_ estab.1 i shed, and any further IJses.hall be l.n confor.maryce wi th the p.rovi s.i ons. ofthi s.re$Oluti on, or .any amendmel"lf thereof. ... Change in Us.e ... A non-conforming use s.hal I not bech.lil11ged to illJS.e .of lower, or less restricti ve cl as.s.ifLCilti on; :S!Jchn,on-<:;onf<:>.r.mclngu:se may, however" be changed to anot;her .IJS!? ",f thesa.l!l!? .or ;hj.ghar c.las.siHcation. ..-. Extens ions A non-conforming uses.hal J not be extended. ... Cessat i on - All non_C.onfor.mi ng' lJses of iand.,.orof any building ors.trycture, whlchb"il di ngors.tr.ucturehas ..an .<l$se$seo ><8.!uatipn .0.f$1 00.00 or Less, shallbedisconti nuedwi tn; n30 .days f r.om the adoption of thi sre$oLuti on, unLessot.herwisepermittedby,prd.e,r 9f the Boar.dof Adjustment.. AllblJs.tn.es.sal;\d indus;tri.alus.e:s J9cated at the t1 me of adopt ion .ofth; .sres.oLuti9n inanyres'j denti aJ , agri cui tUl"al .and forestry, .or to.uri'stdistrictShallb.edis,_ continued wi thi non.e y.earafte'r the ,effe.ct.ive dateo,f this resolution, unlessot.t'1.erwi.se .permitJ"dby the B9ardof Ad.Justment. ... ... ... - - 17 - - Sect i on XI BOARD OF ADJ us TMENT, V AR lANCES Powers and Duties The Board of Adjustment shal I have the fol lowing powers and dut i es, a II of wh i ch sha II be exerci sed subject to the laws of the ~tate of Colorado and. subject to appropriate cOhdi fi ons and safeguards, in harmony wi th the purpose and intent of this resolution and in accordance with the public interest and the most appropriate development of the area. I, To hear and deci de appea Is from, and revi ew any order, requi rement, deCisi on or determi na tion made by an admi ni stra'ti ve offi cia I charged wi th enforcement of the regulations established by this resolution. 2. To hear and decide requests for special exceptions as referred to such Board in other sections of this resol ution. 3. To authori ze uponappea I in speci fi c cases variances from the terms of thi s resolution, where, by reason of ex- ceptional situation or co~di tion of the bui Idi ng or land, practical difficulty or unnecessary hardship would result to owners of said property from a strict enforcement of this r.eso I ut ion. Procedure The Board of Adjustment shal I hold a public hearing on al I applicati ons and appeals wi th the fol lowing special condi tions requi red, I. For applications for variances relating to the use require- ments of this resolution, a written notice of said hearing shall be sent by fi rst-class mai I at least 5 days or de.livered personally at. least 3 days, prior to the hearing date, to owners of property within 500 feet of the property in question. 2. For appl i cati ons for vari ances not relati ng to the use requi rements of thi s reso I ut ion, a wri tten hot i ce of sa i d hearing shall be sent by first-class mai I at least 5 days or delivered personally at least 3 days, prior to the heari ng date to owners of property adjacent to the property in questi on, - :l'S- , , ... For applications for variances relating to the use require- ments of this resolution, a fee of $10.00 shall be charged to cover the cos t of process i ng. For a II other appl i ca- ti ons a fee of $5.00 sha II be chargi;!d to cover such costs. Hearings may be held on less than three days" notice by consent of two-thirds of the members of the Board of Adjust- ment, uponpresentati on of wri tten consent or waiver by a II persons required to be served with notice of hearing. ... 5. Unless otherwi se stilted in the Board of Adjustment mi nutes, a II vari ances permi ts sha II be va lid for a peri od of ti me not to exceed si x months f rom the time s"uch va riance is granted. .. Organi zat i on ... A Board of Adjustment of Pitkin County, Colorado, is hereby establi shed. - The word "Board", when used in this section, shall be construed to mean the Board of Adjustment. - The members of such Board shall be appoi nted by the Board of County Commissioners. .... The Boa rd sha I I cons i st of fi ve members, not more than ha I f of whom may at any time be members of the Planning Commission. .... Unt il otherwi se provi ded, t he members of the Board sha II serve wi thout compensati on. .... Each member shall serve for five years, provided, however, tha"t of the first appointed Board, one member sha II serve one year, one member two years, one member th ree years, one member four years, one member fi ve years. - .... Any mEimber of the Board of Adjustment maybe removed for cause by the Boa rd "of County Commi ssi oners upon writtenopatges and after a public hearing or upon being absent without an excuse acceptable to a majori ty of such Board for four consecutive meeti ngs or upon becomi ng a non-resident of the County, "" The Boa rd of County Commi ssi one rs mayappoi nt associ a te members of such Board, and in the event that any regular member be temporari Iy unable to act owing to absence from the County, illness, interest in a case before the Board, or any other cause, his place may be taken duri ngsuch temporary di sabi Ii tyby an associ<lte member desi gnatedfor the purpose. - ... .... - 19 - .... Meetings of the Board of Adjustment shall be held at the call of of the Chairman and at such other times as the Board in its rules of procedure may spec if y. The Chairman, or in his absence the acting Chai rman, mayad- minister oaths and compel the attendance of witnesses. All meeti ngs of the Board of Adjustment shall be open to the pub lie. The Board sha II keep mi nutes of its proceedi ngs showi ng the vote of each member upon each question, or if absent or fai ling to vote, indicating such fact, and shall keep records 9f its examinations and other official actions, all of which shall be i mmedi ate I y f i led in the off ice of the Board and sha.1 I be a pub lie record. The Board may adopt supplemental rules of procedure not inconsistent herewith. - 20 - , , - Section XII .... AMENDMENTS General Procedure .... ... Amendments to this resolution shal I be in accordance with the laws of the State o.f Colorado which require the followi ng action before adoption of any such amendment: ... I. Study and recommendation of the proposed amendment by the County Planning Commission. ... 2. Completi on of a publ i c heari ng before the Board of County Commissioners after 'at least 30 days' notice of the time and pi ace of such heari ng shall have been gi ven by at I east one publication in a newspaper of general circulation with. in the County. ... Special Procedure .... Before submi Hi ng a report and recommendat i on on any proposed amendment to this resolution, as required in No. I above, the County Planning Commission may hold a publ ic hearing on the proposed amendm~nt in whi ch event the fo Ilowi ng speci a 1 condi tions shall be required: .... ... I. A not i ce of sa i d hea ri ng sha I I be pub I i shed in a newspaper of general ci rculation wi thi n the County at least 14 days pri or to t h~ h eari ng da te,' ... 2. For proposed ame~dments to the "Zoning District Map" a wri tten not i c~ of sai d heari ng sha II be sent by first class mail at least 14 days prior to the hearing date, to property owners wi t(1i n the area in question, and wi thi n 500 feet of the area in questi on. ... Appl ication Fee ... ... For proposed amendments to the "Zoning District ~\aplfi a fee of $15.00 shalJ:be charged to cove.r the cost of adverti Sing and processi ng. For a'll other proposed amendments, a fe.e of $5.00 shall be charged to cover such costs. ... - ... .... - 21 - ... Section XIII ENFORCEMENT Sui Iding Inspector' The posi ti on of Bui ldi ng ,I nspector of Pi tki n County, Colorado. is hereby created. Such official shal I be appointed by the Board of County Commissioners and may b~ administrative official performing other County functions, or other official working part time for an incorporated city. Sui Iding Permits After such time as the Soard of County Commissioners of Pitkin County, Colorado, have appointed a Sui Iding Inspector, it shall be unlawful to erect, construct, reconstruct, alter, or change the use of any bui Iding or other structure within the unincorporated and zoned terri tory of Pi tk in County, wi thout obta in i ng a b ui I di ng permit from such County Sui lding Inspector, and such Bui I di ng Inspector sha II not issue any perml t un less the plans of and for the proposed erection, construction, reconstructio~, alteration, or use fully conform to the zoning regulations then in effect. For all bui Iding perrni ts required, a fee of five dollars .5.00) shall be charged by the County of Pitkin for each one thousand (1,000) square feet, or fraction thereof, of floor area constructed, except that the following construction shal I be exempt from paying a bui Iding permit fee: (I) al I remodelling which does not extend the floor area of a bui Idin91 (2) all construction wi th a total valuation of less than five hundred 'dollars ($500.00); and (3) a II permi tted uses in the U, "Unrestri cted Di s tri.ct'!. Section XIV INTERPRETATION, CONFLICT WITH OTHER LAWS In their interpretation and application, the provisions of this Resolution shal I be held to be minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this resolution are at variance with the require.. ments of any other lawfully adopted rules, regulations or resolu- tions, the more restrictive, or that imposing the higher standards sha II govern. - 22 ~ , , - - Secti on XV - DEFt N.lTIONS For the purpose of this resolution certai n words or phrases are defined as follows, ... ... When not inconsistent with the content, words used in the present tense include the future; words in the sf ngular number include the plural number; words in the plural number include the singular number, and the masculine incl udes the feminine. ... "Accessory Bui Iding" ... A detached subordi nate bui I di ng, the use of whi ch is customari Iy incidental to that of the main building or .. the ma in use of t he I a nd and wh Ich I s I oca ted on the same lot wi th the mai n bui I di ng or use, and not i ncl udi ng those bui Idings defined herein as farm and garden bui Idings. ... "Accessory Use" ... A use naturally and normally incidental to, subordinate to, and devoted exclusively to the main use of the premises. -"Boardi ng and Roomi ng House" ... ... A b ui I di ng or porti on thereof wh i ch Is pri nci pa I I Y used to accommodate, for compensation, five or more boarders or roomers, not including members of the occupant's immediate family, who might be occupying such building, The "compen- sati on" sha II i ncl ude compensati on in money, servi ces or other things of value. ... "Bui I di ng" ... Any permanent structure bui It for the shelter or enclosure of persons, animals, chattels or property of any kind, and not ;ncl udi ng advertising sign boards or fences. ... "Dwelling" ... Any bui Iding or portion thereof which is used as the private residence or sleoping place of one or more human beings, but not including hotels, motels, tourist courts, resort cabins, clubs, hospitals, or simi lar uses. All dwellings shall contain at least 600 square feet of floor area measured along the outside walls. ... (Il!IIIl _"Dwel ling, One-Fami I y" A detached bui Iding designed exclusively for Occupancy by one faml I y. - ~ 23 .. ... "Dwell i ng. Two-Fami I y" A detached bui Idlng designed exclusively for occupancy by two fami lies living independently of each other. "Dwell i ng, Mul ti ple-Fami I y" A bui Iding, or portion thereof, designed for or occupied by three or more fami lies living independently of each other. "Fami I y" An individual or two or more persons related by blood or ma rri age; or a group of not to exceed five persons (exc I ud- ing servants) living together as a single housekeeping unit i n a dwe I ling un it. "Farm and Garden Bui Idi ngs and Uses" Those bu i I di ngs and structures used to she I ter or enc lose livestock, poultry, feed, flowers, field equipment or slmi lar uses; and those uses of I and devoted to rai si ng of crops, poultry, or livestock. "Home Occupation" Any use conducted pri nci pa I I Y wi thi n a dwel ling and carri ed on by the inhabitants, which use is clearly incidental and secondary to the use of the dwe I ling for dwe I ling purposes and does not change the character thereof. "Hotels and Motels" Any bui Idi ng or porti on thereof contai nl ng si x or more quest rooms used, designed to be used. let or hired out for occupancy by persons on more or less a temporary basis. "Identification Signs" , " Such si gns sha II refer on I y to the pri nci pa I use of the lot upon which such signs are located, "Junk Yards" A yard open to ai r, used for the sale, storage, or display of odd pieces of metal, paper, glass, or other material, which mayor may not be part I y or wholl y assembled into useful objects, motor vehicles, or machinery. TtLotl! A parcel of real property as shown with a separate and distinct number of letter on a plat fi led for record in the office of - 2L~ - , , ... ... ... the Pitkin County Clerk andRecorder, 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 owner- ship. "Lot Area" ... The total horizontal area within the lot lines of a lot. ... "Membershi p Clubs" ... An association of persons, whether incorporated or unincor- porated for some commpn purpose but not including groups organized primari Iy to re~der a service carried OQ as a business. "Non-Conformi ng Sui I di ngs" ... :*"'l A bui Iding or structure or portion thereof conflicting with the provisions of this resolution applicable to the zone in which it is situated. ... "Non-Conformi ng -Use" The use Of a structure or premises conflicting with the provisions of this resolution. ... "Outdoor Advert is I ng Signs" ... Any card, c.loth,'paper, metal, painted, wooden, glass, plaster, stone, or other sign of any kind placed for ou'tdoor advertising purposes on the ground, or on any tree, wall, bush, rock, post, fence, bui Iding, structure or thing whatsoever. - " Person" ... The word "person" shal I also include association, firm, co-partnershi p or corporation. ... "Pri nci pa I Bui Idi ng" ... A bui Idlng in which is conducted the main or principal use of the lot on which said bui Iding is situated. "Professional Office" ... ... An office for professions such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, realtors, accountants, and others, who through training are qualified to perform services Of a professional nature, and where limited storage or sale of merchandise exists. ... ... - 25.. "Resort Cabi n" A bui Iding designed for temporary recreational purposes in rural mountainous terrain and used to accommodate individuals on a term occupancy basis. "Setback" The di s.tance extendi ng across thef 011 wi dthof the lot between the centerl ine of the adjoining street and the nearest line or point of the building. . "Street" A public thoroughfare which affords the principal means of access to abutting property. "Structure" Anything constructed or erected, which requires location on the ground or attached to somethi ng havi ng a locati on on the ground, but not including fences or walls used as fences less than six feet in height, poles, lines, cables, or other transmission or distribution faci lities of public utilities. "Subdivided Land" Land located within a subdivision map as approved by Pi tki n counfy off i ci a Is and recorded in. the off i ce of the County Clerk, and having lot sites of approximately one acre or less. "Tra i I er Camp" A parce I of la nd he I d under sing Ie ownersh i p wh i ch has been planned for, improved for, or occupied by, one or more movable living units designed for dwel ling or sleeping purposes and sometimes termed 'trai ler homes'. nUse" The purpose for which land or bui Iding is designed, arranged, or intended, or for which either is or may be occupied or maintained. "Wi dth of Lot" The distance parallel to the front lot I ine measured between the si de lot lines through that part of the bui Idi ng or structure where the lot is narrowest. - ~i5 ~ . I' ... Sect; on XV-A - REGULATIONS AND STANDARDS FOR MOBILE HOMES, MOBILE HOME SPACES AND SANITARY FACILITIES REQUIRED THEREFOR ... (See supplemental printing) ... Secti on XV I VALIDITY - ... Should any section, clause or provision of this resolution be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this resolution as a whole or any part thereof, other than the part so declared to be i nva lid. - Secti on XV I I ... VIOLATIONS AND PENALTIES ... Any person or corporation, whether as principal, agent, employee, or other.~se, who violates any of the provisions of this resolution shal I be fined not exceeding one hundred dollars ($100.00) for each offense, such fi ne to inure to the County of Pi tki n. Each day of the existence of any violation shal I be deemed a separate offense, ... ... The erection, constructTcng enlargement9 conversiong moving or maintenance of any building or structure and the use of any land or bul iding which is continued, operated or maintained, contrary to any provisions of this resolution is hereby declared to be a violation of this resolution and ~nlawful. The County Attorney shall immediately, upon any such violation having been called to hi s attenti on, and upon bei ng di rected by the Board of County Commissioners, instl tute injunction, abatement, or any other appro- priate 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 resolution, - - ... The remedy provided for herein sha! I be cumulative and not exclusive and sha I I be in addi ti on to any other remedi es provi ded by law, ... ... "" ... -27- ... Section XVIII RE PEALS, EFFECT I VE DATE AI I resolutions of the County of Pitkin inconsistent herewith to the extent of such inconsistency, and no further, are hereby repea I ed. The repeal of any of the above-mentioned resolutions does not revive any other resolution or portion thereof repealed by said resolution. Such repeais shall not affect or prevent the prosecution or punishment of any person for the violation of any resolution repealed hereby, for an offense committed prior to the repeal. This resoiution shal I become effective on the 5th day of June, 1955. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN /s/ Clarence Quam Chairman Attest: /s/ William Stapleton County Clerk -28- J' Ill"'! ... RESOLUTION ADOPTING A BUILDING CODE ~ WHEREAS the Board of County Commi ssi oners of Pi tki n County, under date of June 5, 1955, passed and adopted a comprehensive zoning resolution which has been amended from time to time and is now in effect, providing for zoning regulations and zoning classifications in certain areas of Pitkin County as shown upon official zoning map, and ... ~ WHEREAS the Pitkin County Planning and Zoning Committee have rec- ommended the adoption of the Uni form Bui Idi ng Code to appl y to a I I permi tted zoned areas of Pi tki n County, and, ... WHEREAS a pub lie heari ng has been conducted after not! ce du I y pub- lished as required by law concer'ning the adoption of the proposed Uni form Bui Idi ng Code, at which hear; ng numer'ous persons expressed approval and no person expressed objection, and the Commissioners have determined that the adoption of the Uniform Bui Iding Code is necessary for public health, safety, and general welfare, and the safety, protection and sanitation of dwellings, bui Idings and struc- tures, ... - .... NOW, THEREFORE, be it resolved by the Board of County Commissioners of Pitkin County, COlorado, that under the power and authori ty vested by the provisions of Article 15, Chapter 36, Colorado Revised Statutes of 1953, there is hereby adopted by reference the several conditions, provisions and regulations set forth in the Uniform Sui Iding Code, 1958 edition, with amendments thereto, of the Inter_ national Conference of Bui Iding Officials with the modifications hereinafter enumerated and subject to the fol lowing terms and condi- ti ons: ,... ... ... I. The said Uniform Bui Iding Code as described above sha I i be termed and descri bed as "the Bui I di ng Code" or "the Code". - 2, The Building Code shall hereafter be in full force and ef fect in a II porti ons of the area zoned in Pi tkin County, excluding the City of Aspen and excluding any areas not permitted by Sfatute to be included. ... 1"" 3, In case of any inconsistency or conflict between the Bui Iding Code and the Zoning Resolution of Pitkin County as adopted June 5, 1955, with subse- quent amendments, then the Zoning Resolutions with such amendments shall prevai I and be followed. ... 4, For the purposes of enforcement and interpretation of the Bui Iding Code, the entire zoned area of Pitkin County (exclusive of the City of Aspen, and exclusive of any areas not permitted by Statute to be regulated under the Bui Iding Code) is hereby declared to be and there is hereby established a Fire District, to be known and designated as Fire Zone 2 and Fire Zone 3, Construction in the Fire Disfrict shal I be in accordance wi th the requirements for Fire Zone 2, as provided by 1"" ... ... -29- the Bui I di ng Code, wi th the excepti on that a II Group i and J occupancies In the Fire District, but not those located in Eames,Conner's, Dean's and Ca pi to I Hi I I addi ti ons, sha II meet the mi n- imum requirements of Fire Zone 3 as set out in the Bui I di ng Code, 5. The fol lowing defini tions are hereby adopted and the Bui Iding Code shall be modified in the following parti cu I ars: (a) Ci ty, or "the Ci ty" shall mean the zoned area of Pitkin County, exclusive of the Ci ty of Aspen, (b) The "Bui Iding Official" shall mean the Sui I di ng Inspector appoi nted by the Board of County Commissioners of Pitkin County. (c) Permit, or Bui Iding Permit, shall mean the permit required to be applied for, which may be granted under the provisions of the Zoning Resolution of Pitkin County, together with such additional requirements and infor- mation as may be required under the bui Iding Code, (d) Bui Iding Permit fees and plat checking fees as prescri bed in the Bui I di ng Code sha II be superseded by and sha I I be construed to mean the Bui Iding Permit fees prescribed by Resolu- tion of the Board of County Commissioners. (e) Whenever any fine, forfeiture or other penal- ti es sha II be referred to in the Bui Idi ng Code for violation or non-compliance with the terms thereof, the penalty, forfeiture, or condi- tion for enforcement shal I be deemed and construed to mean and be covered by the penalties, forfei tures, and remedies pre- scribed by statute of the State of Colorado for enforcement of County Zoning Resolutions and Regulations and County adopted Bui Iding Code. -30- ,~ . / ,~ ~ -< :4'- TITLE XI ZONING Chapter 1 . , Subject Zoning ::t::}9 I -~~..-.' ":,... ^ ; J. , , CHAPTER 1 ZONING SECTION: 11-1-1: 11-1-2 : 11-1-3: 11-1-4: 11-1-5 : 11-1-6: 11-1-7 : 11-1-8: 11-1-9 : 11-1-10: 11-1-11 : 11-1-12: 11-1-13 : 11-1-14 : 11-1-15 : Definitions Districts Application of Regulations R6, Residential District T, Tourist District B, .BuSinessDistrict U, Unrestricted District Supplementary Regulations Non-Conforming ,USes BUildiIlgRe'l7iew Board of Adjl.lstment; Variances Amendments Enforcement Interpretation; Conflict With Other Laws Violations and Remedies 2~S:.")' 8: .\:';J:-' _ t :~ 2:;':)._,:::;::1' :':0 .,.,'~. .'n\'..- ~ .:".1 ...~_'. .'...3 :::.:rj'8S':rl:::':,I \-- ", 8fIC__ ~:' 31lJ;g,9]" 23ZU ( :i,;:~':,')n~j 8:./ Lb.li _0,0 ,r)):.sO>} B j'[i~U"::~).::!9m;d1. :-::Fl9f:'19J't03.:.fI~1 s.'~,r5< '" :r, .1::,:1: C, :cq:z!):~ is.... _:~':>: :~.:;3:13:.c;o;) .b:J:.s c\.I::0.:::f.SJ0 ';. c :..:~-l-.L[ :~-I-l.L : .S-_t-11 : ~~-X-JI :i:-J-LI : ('--'-I-II " t"" :\~~l-~=l :f--I-iI :;':...l-XJ :Ol-l-li, : Ji-I-L[ <-1.[ : 2l-_C-JI -i-II -.1"-U J, 11-1-1: 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 fut1Jre; words in the singular number include the plural number ; words ,in the, plural number include the singular number and the masculine includes the feminine. (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 with the main building or use. (B) "Accessory Use" A use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises. (C) "Alley" A public way permanently reserved asa secondary means of access to abutting property. (D) "Boarding and Rooming House" Abuilding or portion thereof which is principally ,used to accommodate for compensation, f,ive or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The "Compensation'" shall incl1Jde compensation in money, services or other-things of value. (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) IlDwelling" A building or portion thereof which is used as the private residence or sleeping place of one or more human beings, : l...l-.[.:~ :S:,:.t,B 8'38.e-Xrlq 70 an:fG';/"f 1"J:.ls:;:~J:S~ -:[:;:\~} P,_;~;:l:' :38.0('1 9L'2j 2,21 ,.~" I iI.r, b,9E.Lf 8b:':':)~~!( :~xsj-rro.:> 9,d:~ 'or..,' j :is::J.2 ,1: 3D:O;')f}~': ::- (;.:i :rS1U:.::1G.:::8 ~'3f::.j' ab'~':o\:] ~ S'~,:y.rjJJi 0{~:\' S2.rl"~):j j'Ir9Ss:,:::q 9fE.lI3J:LC "X9cm.U'.c LB".!.uIq edj ~:\'.:' g.n.~f(Y~',/ ~ '~::3di'::;;.X.r.r I..3:(L~_=',~ .9fl.Yrrl:E0:: srL:-5' 2. :)X:L.( " l.L':'2,f-Jirl " .0 JIB iy;-r}.i."1 .::; >'2:-2~~b~J-::~,:\::':.::Ll"!:.?_?~~ '~~~~ :':0 fI.c.l:~ G:; ~:o j.s.d:l .... ..~. \..1_, F)3D::)gjsb ,/,J .~"'.bF~O:~8;.;8 f.,.~s.r:.:w 3:0 92.:1 9t.:!' ~t ,:):; 110 hSj's:)oJ: 8.1 :tl:; .)fJJ3; .on:,:,;~::. ~:'Gj :.<0 S~~:~JJ SL, oj" . 83IJ ~X(j f:"a1I:"I1L7-r) ;\"Z-i:BCJ oJ: 9fL:-)2 "",,-,", \,''. ) . R98,'tm.9"X\} 9fij' :IO 08.:; 0_, -, i).C;..8 :::;..,{S .:,J~.l. SE.\.i ~.." s~j,~:T.i:b:ro(rU2 e 0:) ~L?':;:rleb,> :::::fL~ \~J~ s1;.b 0:7 1',",' \....)' ) \(.c :)"r':5ng[..}.~:,:)<} \',' ,S'~',:r ~~ oj 8a9~~B ~O 8rxS'.0f.G '((:r.Gl:)f.ro~9;; B ER ; !)S8U '(IIE.QJ:~,.a1::::(:1 8_\: , ' B:rSD:r..sOQ s :rOf"'i" ~;:O 9\,1' ~ t -1. l":'r-- C' I"~ ,. ,'\ t', '^"' 0..,") :.: ~_:~' 0 c:. -'....c.... ""..'_,_,,0 _'''~' . ,rrhJl '::cs:r:3dj nc-.L:~:;~oq :cO {;:;'0Ijs8f~:9qf~:o~ :tal ':)j'2,hOU]C70':)::~S (< . gnJ:bl \: \~'9l':tO;;i .:::rt ~.;L.. :yq:.r:J.~)G -\. ~H,;. j'O,cx t 27(;;,;"'(";'J").: .1.0 2.~i:0()m.9C: ',:JL'2 ';i.." , 9:':" .:'. I I XSL2;: .cro..t:~z2,1'isqn::oJ; ..9.;"J.l's">/ ::IO -'- ::;......~., ::0 8S:::, -, " \ 3~.L;J8C.r::',~"1'2i :;:0 :rs:L[.sr,2 ':rc3: hn.!.:. \:.a.s :to 'i(::\':reqo..:rq :tfJ .e9~n9j ~o 3b~80~ _'.r 9,.::;:..-:-..... t':;::}:?:; 2; :~o 8.r:::::1:j :,::"xIl :-:'':::.C" " S'_::.s.': 8.3 c:' ';j\".,) :;> -' '-',C ~._ :,~O_< ::-~':':::)C; ~~::c 9:::',~;j; ":;:a '::ir;::) :~o -/n 0',:" ::\;:0 _'. Ii ) but not including hotels, motels, tourist courts, resort cabins, clubs, or hospitals.. In. addition, all dwellings shall be constructed as permanent buildings- not tem- porary structures. such as tents, railroad cars, trailers, street cars, metal prefabricated sections, or similar units. (G) tlDwelliDJ?;, One-Famil Xtl A detached building designed exclusively for occupancy by one family. (H) "Dwelling, Two-Familvtl A detached building designed exclusively for occupancy by two families living independently of each other. (I) "Dwelling, Multiple-Familv" A bUilding, or portion t~ereof, designed for or occupied by three or more families living independently of each other. (J) tlDwelliDJ?; Unit" One or more rooms in a d.welling, designed for occupancy by one family for living or sleeping purposes and having not more than one kitchen. (K) "Famil v" An individual or two or more persons related by blood or marriage; or a.group of not to exceed five persons (ex- cluding servants) livitlg together as a single house- keeping unit in a dwelling unit. (L) If Home Occupationlf Any use conducted principally within a dwelling and car- ried on by the inhabitallts, which use is clearly incidental and secondary . to the use. of the dwelling for dwelling pur- poses and does not change the character thereof. (M) "Lotlf A parcel of real property as sh()wn with a separate and r I.L~ '3:''(; ._- c <:.~19~:iofi .8.Lsj_:;:qao:-i -:"""f';: ....j :1"':;02S::~ 8:-J':rnC<~':-:,t-. :'.<7,~'-.' :;. ;:~iI - jl1srr.s;Jr'J:':3q 2i', b3j':".::<:.1":l':T2.i':-:)2 ( err.ids:) .[J3r::"2 c' , ~ .~,s:c::;: I: 2':U~)~:' ,;:).z~O:r!:~~:3::- Sj'Ti::-):;' 3.s f:::2.,:'.:-8 e:':'0":':':5:;'::;:r::::j' B '~CJ:.G.'".!(>':' ~ r) t 8fiOJj,:)38 h'S1j'S~J:.X(i3:i: 3"):q .If;")j~)m c C''':Cs.~ j'S::-~':::"-:.. ,~ ~', . (;;: ~,' ,- ,,'- \ ,,:,;,) \~";)'r"i.B-:llJ'::;-:)O _r.s,\" 8.ljI::JZ0 8s.b gf"i. :bl.:l:ud" ..\1...:fJIB1 :":~D;O \. ;/ ~.}~;'3'-~~:;I:?!.:L~_t.ggJ'(I.~~;-f' ) ....r f)~ ...."n _.--','" 'C lS'<;.TX8i..l:)}~9 b9E~,i:Z9.0 C,":}'::; 'v J.:1; ;fIE, "~~~:~:~JJ_sl~:tLF;:'i ,,{~~E:~.t~~!?2~1'; ., \. .'.)' DS..:qL::):),0 :CO ~.:CC:" DSlig..i:35b c 3:C$~.i:)Lj' ~'l'oJ::r::oq "5:::) r :::0 ::':;':::SDf!9t:fSb.Gj: ~:V.':_~ ES::-L.rcuH3: ::;'xorr; '10 5:.-'J:t{jj' . :rsri:i'C 'j.:~fiU ~:",l1'_1:I19~^Fj; 'C'C,,) ---~--'---"~-""'._'~ .89 8')(~:;.' ::,;'(J B8D <t :,:' r; _,:: CI.9 9 J 8 , J. B- .'.1,.:. 8moo'X 9:':OL';"~ :ro .. D:3.~-:\~j SHO ''{I.:~':,)BI sno \(d ,s:rorfI jl')fl :m ~C j. ':"ce b;)oJ:(' '.",-,'.:;},:;' S-,:" 2;fr08':r.Sq :3:i:om :L:1 cw:t :ro l;;SJ,Q.l>l.Lbfi.i: ->~.9) Bn'G2')~S>C:-'4":" h90::;~~:9 .s. '::lO ~ -S2;;OD c;, S?, 3S :~;318; .. . e' ,-,."~.;....... 8 .n.J: :,i" .:U:UJ ,) ) -~-':$'~. r .3 ;'s.T.d:i' :)~::::::.} 2i.iD.GC:) SBX} "'i(rr.~';... 9f~::1' an b~3 j::f ~r:L. '{l:-rg.::.>Is ~:~ II 2,_:~sg.:'. .r,3:~' ;- r son::, 08:U sr;,j' 0::'- '(Ts.b_c:':)'':)9c; 9SfiBti~ j()fl 8s\cn b!."I.S 8S80';:; ..:'::097'.91\:i .:::~) j.:.,.7'~ ~iB[l~ ;~)t}:3 sj13'::;Bq~')8 .8 .J. ,_~.i v':' :_::::'JC,,;c,. " ~ ::.-0 Is~'Xs::-;, .,~ , , distinct number or letter on a plat recorded in the Pitkin County Court House, or Wh~n not so platted, in a recorded subdivision a parcel of real property abut- ting upon at least one public street and held under separateowriership. (N) "Lot Area" The total horizontal area 'Within the lot lines Of a lot. (0) "Lot Line. Front" The property line dividing a lot from a. street. On a corner lot only one street line shall be considered as a front line and the shorter street fronta.ge shall be considered the front line. (P) "Lot Line. Rear" The line opposite the front lot line. (Q) "Lot Line. Side" Any lot lines other than front lot lines or rear lot lines. (R) ''Motel'' or "Hotel" A building. designed for occupancy as the.more or less temporary abiding place of individuals who are lodged with or without meals and with such bUilding having six or more guest rooms. (S) "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. (T) "Non-ConfOll1lling Use" The use of a structure or premises conflicting with the provisions of this ordinance. (U) "Occupied" The 'Word "occupied" includes arranged, designed, built, altered, converted, rented ~r leased, or intended to be occupied. C' 0'" .~:< 3~o s'"}: ~~"<'.:': Z j,:~<) ":;-<':;<::\' :>91 ";:;::0 :tS,tL:t::: :; '.)1.:;' n9{~:,\.,v '~~() t '38 .Ls,,',::),:;: ::0 J=j~.SBq B ~299'Xj8 ::;'~.L IIT.io2' ~ ";~ no":: aJ:"l_ibd,U2 bs~n.r:c.Qs'".J:~ ;3 9Lro j2391 ~}J2) . q..::n8"J:9.Cf't70 s:;:.s'X5':;::)~; ::Jdj t'; ,,:~,7 .I:?9~,tS l.s:;" ;'!:OS ".,-; 'Tori l.s:'::()j s;('? c;H .:;'95:::;Z g :~{;J ~:, 91'Lt1 V~:::l':C9,::07q ~)_":::;:.IO:J f-)d, ~LL8f.~B '::~.{l"L[ ::,,'~>:~:r:18 9::!O \CEno joi ".!9f1:fO::;, E);t,.'.sj'fl:Ci::t :7SE:i;.:j2 :'::"e:;:;:o{:!.c s,r{j .on;:; s.G...tI j.cro"):3~ .'3, 0(\ ~J ~)I .J:i?S.:C '::;0 8' ;::.91,. -::') ~:;"SOFr .91"i~':1 - 9iXj' DS:C9bJ:2fiO:J ?;.:?~~.jL_L!?:!.:t.::t~_~~'g;r ( 'i ) .8.:;.'~,:J_ :';cJ ',<'.':0:;:::,: sri:;' 9-jj:aoqqo 9rrJ:I sriT 'g~?.,t?__t.-.~i~;t:L .._12:.:I.' ' :J'HO:':J: 11sn::t ::sd::o 29111:1 :1'01 '(f'i..i;J. ..390,'1:1 ':: J 9 :t9li~,'_",.:f2...__J.21g}/:\; !, 2 ,;'::::::~r'8 /:;.:~ .. ...\lno:;) (:,:J ,0.iG,g::..~ 1;:-"'." fe" 0:;' ~. c, j ts .;:: ~~: (,) 2.3 '("::);;,sq~:_.':'::::)O -.1"03: \[~5:S :roql/.!::l::i' j .b:>! :ro jjj :'::) 9~J7EJq >7 aftS .amoo~ j39ll2: s~om ~:o ':~:Cj:,:;"~':OC', :(0 S'XL'j';:;rU:c:{<;: :~'O ;g.fil.bij:l:Ji::.~ ..... 9:);.1E,fT.r :):EO R :.c Si~j' n:; j:T,"1 rei: 9n:o:~ "bs:;\' .s.u:r.t 2 _..,:1[~-L~"~:.g9_~',~g:.9Jr no:) 8sa.::m~:.rJ::':J, :'-:0 !;):rrJjo.u',,:::"j:8 .s 10 981J . ~_<>.l!-..i:."':.0:;:0 zlri:J 3.:0 eno3:a.l:v.o'.rq ,',1,C':;"":f.:::3 2S.bi:J.C "', ~. ; ".'J9.:cqU:::J:)Q f;,i9 j-::r9VfiG':;:') , :JS:CS:: 61<1',," 8,2:91 ::0 ;-:,51:)'.(;,'3-5. 3': I" , \ I ( , (~:; ) (o!.~" "; \ .," j (U') , , (V) "Outdoor Advertising Signs" Any card, cloth, paper, metal, painted, wooden, glass, plaster, stone, or other sign of any kind placed for outdoor advertising purposes on the ground, or on any tree, wall, bush,rock, post, fence, building, structure or thing whatsoever. (W) !tPerson" The word "Person"shall also include association, firm, co-partnership or cOrporation. (X) "Room" An unsubdivided portion.of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways, and service porches. (Y) f1Street" A public thoroughfare which affords the principal means of access to abutting pro~rty. (Z) "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 in height, poles, lines, cables, or other transmission or diStribution facilities of public utilities. (AA) "Use" The purpose for which land or building is designed, ar- ranged, or intended, or for which either is or !Day be occupied or maintained. (BB) ''Width of Lot" The distance parallel to the front lot line measured between side lot lines through that part of the building or structure where the lot is narrowest. / '. <:; 2,8SXg tL:9boow tb3j'n-~,::B(J, :f:o:t h9':)fi,Jq o.o:"bX \(IIf::, 'fo ~{:l.U.::' .tiO 'XO c. ,DGI.;():rg S'Iljj':);'J:i:::n.::. (g.D:j~b~Lt ~1.s::t9;"n e:r9qt>(;~ ~1;ijol::) tb:ts:.-:t 2: "!9:';':~ 0 '2~O (SfIOj Z <:; 'Xs:~ 8.S.I: ex , ~ ... 8..r.:i::c:-.:t'vn.3 J:OO;):5L"i"C) 2sBO;;I....t5-::q GO ~9~:Ie3: (j~80q I:)!::)O-X (r.\Z5Jd' (Ji.e;:,q . :::~nl908jgdu :3 ~?-::~:~ ':.tC 'rr.a..::=(f!~. .,/.~/jl' :::.::_~-,,-==-~;::" ' , t HO.t:?'sJ:='<083B sbuJ::)nJ: . 03.l.S .L JgdB; no 8'~'j:3 'I: b:r:o";,-;; :9iiT .~1t_>.:::~E::oq:;:O~> :rc q:~.d8"j:3nj.:ts,C!-CJ8 , ,'10051' I IX-9w.b B :to ~iO.';::rS1j erb 10 Hcl:J:Ec(.; b51D.lv.:bdv3f;Li t amoo::L~::'.sd 2:~n.;:b.TJI :)X9 ~ j'LGH . 89f:(:):!oq s~.b)",::~98 r)[.r.B ,=,.,/Cc~'Trr""r~ ~-l,c:.,;,^,r...... "1,^",'I:'~}""'''''''''''''. e c. \,.J-J:'.J._\.J.:J.I., (G~> ~),<:;"'-"""'..J Ii:. c".\"':"';'.l:.JJ..L.d. .~~_~_':f~.? (Y) .. '~,:~:1':t9qO:cq s"".:r.s5:.c;gDo:con:i ~L~J>jS..iq A ~;fr.:tj'jIJdB oj B2S;:'i:)f:; =],0 an.sSG:! . . , J.EqJ.:::::l:x:rq ':~ ~ r',_ 8.0"SO:t:LS f;'"'' .?:fJ:::-~_~":: :1:.~i{ \. ;"" ; fIO..i:::JS:;;o.I .s :gx!j:\rg.f.~ 313 b.s2.~,;' BIXBy'; '".fC 29:)':19;:;: <= 89I(LS'~:) (as1":cti (e,eioq (:i 19.C: :J):J(;.uc 3:0 89}:j.fl..1:::>.s3: noJjJJ(.;' (b9:.l'~~:::S 'Xo b9:J:JIJ:rj8fi():; 9m03 oj b9d~sjj3 YO brruo~~ sn:l' no .cro.r:Jis:JoI 8S..:rJ.':Jp9:;: :'"),::).::.:1;:.; rr-c :' 0;1 j'XJd I': brHJO~S:S' :':95:;: 2 L!.BrIj 8831 srJj riO 8.'2..::;; '9. BIb 6.IO t.t03:B2..L'.,':2fIB:C:J '.r9r~:j\.") :iO .2s.-'::j.}:Ii:jiJ -:fJ3. t::iSiip)::30b 8:~ :r0 ;'JerBl '):0:1 e:8oq'J:Hq 9r/C S(~ "'.10 8_;: '.Y9dj19 n~ :[():': ::0 t b9.bi"J9::t :;:0 ,';)9'1H.",'): .crlsm :iO J:;.9.tqJ..'~'=:;'O ;,i" ,''-j \, b9'XU2B~9m en1:J. jc.l j'no:r:;~ 9C::1' oj' I:LLtz,::rEq s-.:>rrgj"2:..:..D :~lrLthJlt'\"d sri:!" 10 j".!Bq :ysd:t fL2~no:rr.::j 39[1":'1 j'ol 2- .':1'$5'17::9(;' ..j':s.:3\\TO'1:iBfi 81 joJ ,9:;:sr'lv:t D"'::,u:i~u'::~i'8 "1:0 I' (CC) "Yard" An open space other than a court, ona lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chaPter. (DD) "Yard, Front" A yard extending across the full width of the lot between the front lot line and the nearest line or point of the building. (EE) "Yard. Rear" A yyard extending across. the full width of the lot be- tween the rear lot line and the nearest line or point of the bUilding. (FF) "Yard. Side" A yard extending from the front yard to the rear y~.rd between the side lot line aIldithenearest line or point of the bUilding or accessory building attached thereto. (G(J) "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. 11-1-2: DISTRICTS: (A) Establishment of DiStricts: In order to carry out. the provision~ of this Chapter, the City of Aspen, Colorado, is hereby divided into the following zoning districts: R6, Residential District T, Tourist District B, BUsinessDistrict U, Unrestricted District I " b9Jqr5:):)0l1fJ ~ :l01 .5 GO (:t-::JJo::; .s :r3:c~:lc ag j"q9:)XS tb:r.B'tvq.tr ))n:iJG"X~::: s.dj D"ro'X3: b'3:~~L.J:rjac;'c'~~,U; bfL1:J ~ :1:s:l'q.sds: beb.'::"vro':Eq 98,,:~Vrr3L~::C: / SJ99'l;,lfjed j'oi srTj~ ~':o jrr.toq "1:0 sf.{.::I :t 89:r.sSf.f 9i\j br.r_~ sFLtI jol JJ) f: :l) ':';,~T Xl uS: ''';;.D.:"} 8 ao::~"s i<:" :t.s.'3,;'::~ ~.,--~'^ :i,n.l:oq :fa j 8S....igS.L~ 9r-Ij brL2\ 'e!"LLt :;-oI :L.s,s"X 9rij" 880::';',13 b:tB"Sf{ A -98 :1'01 -, t.~~, :::,f..l...,J 3:0 ;::::,;-::-9';.:'j :)[,~,:1 :J) ( \ '}:O SH.d j 89"1:.6911 9.n::::" , Drrs 3;::':::;: ;'S~o:r:;: 9!::i..C..L ::~oJ ?i'L~::J:)J:<?< ::i-:~:;:9 _~ B :,1:' j i.T}::'"; (>\ .>~.} ~/) J i-::" in:s'e jn::1:oq J:B'8:t: 9r;j' ,",,-'I b~::.c\.~ :t no:r':t .cj9..X9,;:".~:;' .bSd~3jj'S ~~.r.rj:bX \~OS2:S:)~B ".::0 -') (tr'\c~ '; "T..!.'" .s<h.tvO"Iq oj' bss1l.::::-'rr.r S9'):S \(.\1.8 e BfLe.:) spHd:::sg t: '{":rb.G!Jf;...,J :to :to bseoq8):h SC o:-} 92JJ3.:e:c r ;- . 8930q::.\'..rq -::Lsrj:[{L,:~2 9 r""I"\-;' '--'~-. '-"v~.. ::Q3: e::::._5:_;;"8 , ". 9 c"'" :::20.l:"!'J3 :1:0 e~~ ::} : S,~'.L-XJ : .,? :;-;:;) 9rlj t'Xsjqsd8 a.I.d:t 10 3.:rO.t2.1:\rO".:r(~ :;tJo \~:i:'XS:::' :g.al~No~~ Io'l 9d:t Gird: be,blv.1:.b ~crr9-.:t9[.i 8 j' <: 01: {):'f ~ ~~ ,.> .""'" ,,.\'.> . ,;,-; . ~- .j;.~. ;) j=:;.t':r:~3.l(}: Izi:;';:rsSJ ( .... J~'. j';:'..t.;:j ja.i:rI,roT t"" >-, t '-~~ ;::;. '.'J:t :::t 8 ]Jl b,~ j' "'1j ~ ;~) , , (B) Zoning Map: The boundaries of these districts are established as shown on a map entitled "Zoning Di.strictMap" of the City of Aspen, Colorado, dateclthe 18th day of June, 1956, which map is hereby made a part of this Code. 11-1-3: API'LICATION OF REGULATIONS: (A) Existing BUildings: The regulations contained herein are not retroactive in their application on existing buildings. * (* Ed. Note: The Ordinance from which this section derives was adopted July 2, 1956.) (B) General Application: Except as otherwise provided, no buildings, or other structure, or land shall beused,and no building or other structure shall be erected, reconstructed, moved into or within the City Limits, or structurally altered except in conformance with t~e regulations herein specified for the district in which such building is located. 11-1-4 : R6, RESIDENTIAL DISTRICT: (A) Uses I'ermitted: 1. One-family dw'ellings; 2. Two-family dwellings; 3. I'ublic schools, parks, playgrounds, and recreational areas; 4. Churches and church schools; 5. Hospitals; 6. Public utility mains, transmission and distribution lines, substations and exchanges; 7. Farm and garden buildings. and.uses - provided that all such buildings and.sto:rage.areas are located at least 100 feet from dw'ellings on other lots; 8. Home occupations; 9. Identification signs - one per lot, and only if such signs are unlighted, less than 3 square feet in area, and deScribe the .lot Upon which they are located; ';;;reo Ce.",;:! .f.dg~~ B~3 (Y:.::Z; 8:-~::\J'X:~ ;) :~: 9tlj' ::~ 0 ,>: r 8:3f:::SL..~:':.}jr:;C '?;:Li:r o rrEl ~:l~S.C<f 2:- ::.IC :::0 c (iCe: . (j,F:.~o::' B.::r:.i:-;' :(C ,f', :2~J...IJ :.)^,/ _tj:JoB (;'j~:.t'3"j; -~ .'",," ~"-, ,'... ~;,:::C ,t. b9f;:1B:-rno~ 8r;o.~~~J'nl'::Jg~).~~ 2..:0::0::3 1.10 ::oljB~3:.rq(~3 j::;93 ,:",,' Co, ;'o'TO"Jj: S:::>!'L6Z1<~:,l)~L~';~; :9:;;,0:,,:1 ~::. " .'> ' , " p.J:;;';,..7 Ot....... ..~,j '., \ . c-;., ,,,,, .. " . / ':':0 o::i:{j.,- '~".? ~.U,'::>. -'.,.'.'..... :rc 0.CI ( 92L')i-:fSi. jo 8C ';:sd::;;o -:':":> aLr 96 IJ.f~ri8 (b~'3:! ,:.:.:.')::t- 2;[.r.:,:::-:.":[ ;')S~_';:-9j; JJ:~ Jg :[l:.;:-j'~).u;:::::' B [; ::: ~..:.. ; ...\ ...,' ,',. ::' :~~ 2 ne:: .., "'\( ..,," c ;::;:t .:.J:. ~~, ,t9::::': r::)::::1qe 8::~' ':c;:)..CS;11:t .;::::.:, CL1. 2;.iC ;?,fi', I'~' ,"~ ,!,.:. " ..~:< ,":- 0', I" r ...'.- ;:~::E~:)'J:::;'~:)'): l)!i:.6 (8;:)(JJJO~.t:f:t'\i~:gIq )~.,:- 9'i/D ....:.. (;:;:' ("~OJ.'l:::jB . t. ~ 2JSS.S.s t :~ J~ ,) C' ~'J ::) ~', '")i':ZS 29ri~)":rn:i8' ..,I.'. ~ 2,:\01 :r2,fi~~'o !:Ie, S'-p,r:. :-r.o:~ a Is,\ql:) ~ zIz::<tq I' ." _~.. ,. ..L .,'c -' ;~, .ci<1 ~L:cj 8j:,b P B, :::: n': 2, !:i:.G :C~,I, ~ 2:);:~,HSf::':,)XG 332<U bag .f'.>:~Z:i:::::'8 t 89.t.L.,..L :1 iJ.!'J:B. fff':fg':j- , .. ': <:l-~""":"":' 0(.,.,;,...::.'....;", Lf:::;7.J2 EX;:; ~:) :: .G 82'9.: j' 2.891 j'n ~ afrO ::::LG:<r:;:):):c nc.;::ts.:r.tl.~::> .~': J .[fO e :'f 01 :CSCf 0)/.':1) E:;"Xf:", ::?H?ts ~'l~L1"B " :::01 .:.B,::~':':,S ::'s::cX , , 10. Fences, hedges andwalls- provided such uses are less than 3% feet in height when. constructed of materials tending to obstruct motorists' vision, and when located within 75 feet of the center line inter- section of two streets or roads. 11. Accessory buildings and uses, * (B) Minimum Lot Area: per dwelling ~ ........ .... .0." ........ .. 0 0 .. 6000 square feet. * (C) Minimum Lot Width: per dwelling ............... 60 feet. (D) Minimum Front Yard: principal buildings .. .. .0 .. .. 10 feet. accessory buildings ..00...00 15 feet. (E) Minimum Side Yard: principal bUil~s . .. .. .. 0 .. .. .. 5 feet. accessory buildings ........ 5 feet (F) Minimum Rear Yard: principal buildings ........ 15 feet. accessory buildings ...00900 5 feet. (G) Minimum Floor Area: per dwelling unit ......... 600 square feet. (H) Minimum Off-Street. Parking: per dwelling unit ......... One Space, (J) Maximum Height of Buildings: Principal buildings . , . . . 25 feet Accessory buildin.gs . . . . . 21 feet on the front two-thirds of a lot and 12 feet on * Befer to Section 11-1-8, Paragraph .(B). <~)'::L~~ ~;,98);) [1::;.:-.;.3 bsb - aIJ.3'i),y ., ,~ .G.I DSj::;:.r.!':cJai10~)!.19rI"0'J j ::~rr~ ~O ;'~a ~.,,~ 1 ...,-,:,? ~"'''(')-;-()''rr -",..)r.6.rj>:>....r'" .J.I.",,,J (.1..1:' .....c../:,../ G_~.,.....J.,.J~:.,.~;~-~. ...)...,.~..'- Q......~ -:cejnl ~9jns~ s~j 10 j99~ ~~ ~ 23~31 8IE;3~ 'X~) ::~ .f;',~'("r f)::).~;.:6f)ol .. 8DBO:[ '1::) B:t"S.S:I::i 2; O,,'V'j ':to fiO;::J::;;98 S'J:SLtpB 000<;' ..:3S9~ \;". ... j9~3::: ,::1 :>933: .-: .. j 3.93: ~~.I ... :r9~';} S:L8.upa DOC. ... SSE,.;} 3~~1!.LbJj~ 'f~.O,."po"'..,.L i.... f;.....~....;-'..... r r : ,?~9':::>~. :tc,J .. 0 .,. .. . ~ .. .. 0 ... . ... .. . .. C"""'i[t.rXIsT"yS':"; ~9(~ - - :cQ,1 ... ......... ....0......... I.9';:JD :ISo. : h:c's'{ j' fJO:t"iI ~ .. .. .. (I .. . .. ~~Bq]:8fiJ:"1q .....00.. ';(1.0 Z 2,9:):)':':' :.b:tsY 9b.1::2 c ..... "'......... -_lh' ,- .-;{ G~..3...""'-;\;-" X.s.q.1:)JI:::rq; .............. .. y:;:0889:)~.r::. : bTG~r ... .. .. .. .. .. ~ ~ ~~.Jxi I.sq3~:){:1:'J:q (. "-CiO 8 8:9::~B ~ <> ., ., .. .. .. .. : B Sf .:;~,:.'-). ::~ {j 0 J ';.'F , :fS(}. . .. - . . .. . .. . :~'~)':) :r:-:; G - 'i 3: C~ .. ,. . . ~ ... . .. . :;. ;~nll 1'3;)71:> ..f9(i :0 :: ;,:s: Igq"t:::;fi.i:::c;:I J~~ \["XO :3 B 5<>:)'::=i - r'"',~'7:\ .-:::., 0:_: :cs:3:sJI ~. no jSS~ Si 0D$ j01 g ~o ! ',-r\ .. \ '..'.) ~~..-X-J.;: (" {~. ...'r: (=.~ I " \ \. c.. / (,':', \ \. ': / ("\ \ '\ '~') , .'-;- 't '- '.,) 1 i the rear one-third of a lot. For Schools, Churches, and Hospitals in R6, Residential District, the height require- ments may be incre~sedby not mO:r:'ethan 50 pet cent of the stated height limitations, provided all the other require- ments for the R6 are complied with and provided the total floor area of the st~cture ab?ve grade does not exceed the total area of the lot upon which the building is located. Where this 1:1 ratio is not Possible,themaximl.llD height requirements as stated for R6 shall not be exceeded. (K) Minimum Distance Between Buildings: There shall be at least 10 feet of space between all principal buildings, whether detached buildings or connected buildings. 11-1-5: (A) Uses Permitted: T, TOURIST DISTRICT: 6. 7. 8. 9. 10. 11. *12. 1. 2. 3. 4. 5. Any use permitted in the R6 DiStrict; Boarding and rooming houses; Hotels and motels, including incidental business; Medical and de~tal clinics; Membership clubs - subject to approval of the Board of AdjustlnE!nt; Multiple~family dwellings; Nurseries and greenhouses; Private Schools; Profess.ional offices; Resort cabins and. lodges; Restaurants and tea rooms, excluding drive-in eating places; Identification.sipn~._ prOVided such signs are for identification of a business located on the premises and do notexcee.d 10 square feet for anyone sign,andp:r:'ovided the total area of signs displayed by any ?ne. establishment does not exceed one. square.foot of sign surface for each three feet. of frontagea.ctually occupied by the building within. which such business is located. * See Section 11-1-8. -sn:Jups"S :,'( ,::::,.t:rjaJ:G IsljH9b.t8sJI, n.t Bi.sj.tq<loh jn:s<> -:egG OC n.~ri:;' 9':for;.~' :<:0[:; \{d bS2E9'!:::>.n.t 9d gjff9n:,; ""7::M:;:}:I}p9~..r "!9.rXjO ':?;rlj J JE, bsbJvo"Xq {2no3:j',s~Lb:rrLtl :~'fIg.t9!i b.t:pj.sj" 8 -~O-', ~,,.r-,, ;:..,....~ "''''''O",,~..,. r__,,",_~ ~.:'-!.. ~'W '........, ':. 'c'm"'''' ""~.6 '~rf"':' ...,........~. ,...-:-.--t:l.r'- .<' .,~J....., !,,:::,;I~,;'.I"'/ .,,:'::~"'.!..I.P J.l";~ .i.'!;:i.;~.l.. :1"J.'~!.J ;:2.... :;;;t:uJ ..J,t~:l c._J~.'<....,".';1 ;)~~":"i:: -',; 0,",,/ ,:;; n')j'J~ .::.F..~ ~;.~-; O~--O(;-... o~"'r"-r <"'\"'1"':"'"-~ -;:. c..fH :+ 0 ~,'",.9""'_" ..;.,..,). ,..... f. ~-,:', J...~.-'_..i'.,.~_~ _ _.... c."''', ..;J',~,D.,.,:> ~V ..$J CJ.k",.).M_".I. ....~;..... .~~........ ~\. .:;;:, ./0.0 ., .....- .s~ol ,~.;.nlb.Lt.ud C:SiJ:r:\"f7 flOqJJ :101 9dj 3.0 .B9".!E Ls:~o:"} .,,\":.,,_~;m',( ._".",,-'1' c,.r..-r~""'''Ol""' .',.-...... .....;. 0"'-;-"'''''' I'J.r ~~-'"'!-I' :--.",~,:""._.,-;:'\(,',' ,J~h!l,"~~";;:>l._ :;-,~.I.-, ~ ~..l'C.,.'"_~.c;.;.G ;l ~ "'''...:. i,:.L,\. ., .o,w_'J.."">..!. . i:~,_;.,,;._ -- ~,.:::J-_ ...,b?r:H~;9:::~"';9 =torr 1153(,;8 :;:o3~ b0.::Lz,j'8 as aj.!'!efllS:rJ:uPS"^.1 t B:'S)rl~"sud~:; (/ ::0 ":t .:.loJ ,S - ')D:O "1.SS~:: : 8~~;fIJj')I.t.Hf{ .E9:9Wj9[~ !'::,l:)f1S,jz.'tG mLH.flJ:n.t}X ()I) j:ud b'EH'~:).sj'9b :19f.b'9dw ~ 8gnJ:bIl.vd I.sq.t:?fLt"!q .8:9f.d:bJ '.' LLe fi99'\f.7::-sd S:)Bqa j' 993: 0 I j 8.891 :LC) I.Lsd.a b9j~,9i'lf.lO~ ~.zo ~ 1.i.' :hsjj1nTX9S 88ZD (A) ~ B;::~~;;.':c.t ~ j~J".:::::H~J:Ci i5H 9f.b: tLC ::: .!:bn"":r9Q 92,U y"rr.ll', ~ 292,,1}OD. grLhrroo'.:r ~)fSB gn.ib':r!:")QE: -L:1:'L: t 2I:sjc<fi briE, ~;I9j'oPt, (2~_::n:J~I:) lSjHsb f-::..r;:r:> IB:::d:b9I"_: _'- '-, _'...3\ro:rqrl.s c=.:' :~:)9 tdu8 - 211:s1::. ql:da"'.rsd'm:si:'J: ~ j rfSI}lj 2.fJ tbA 3: 0 b:rBO,B~ ~ (;,~;tJJ:JIS.,t-lb . . -SJ.q..r.j " ." H_I-0VJ:::D . B02';O,!J"C,';.;.A""i";.> Dj"1!"'::;O ~;J.,-:Jo. ~:'."y"o.~."'.r.J.,"~.'(.1' t. .;;;J' ..,. .,~.l."..;.J,-," _.~:;, .... _.;..:;10 - ~- :.:J_ .- ~ 8Joc0~2. 9jSV.l::t~t ~ 2-::.):)):3::,:(', I'3HoJ:88eJ:o"1(i ~a9sbol nrrB Bnlci3~ j~oa9H brx.r~),:,<8 t G:J','C'~):r S::";9j bn.3 gjnS"J:Lr.s:t29.H . '?a:........ r...,. ,~^ l:: <.;.,..:,,-,.~,-,-t..i :0-;::; 2 nG.L:i'5::J.;t3~ljf'!.9bI s:;:s 8112::.:[ Z L,:)S.J2 bSD;::.,a::q - 9,d:~' HO ,bs:ts:)oI B89r:.}:8S.Y(i $'3 :;:0 :h::sb.1: ':t01 ~oi j8S} 9~SDp2 01 b99~X0 jon OD bus 3szLm9Aq 3:0 BS:t.B I.e.joj 9d:i bab.J:vo'xq DD3 -t frgla 9f!O \(ng 890.0 jrxe;;:ri2J:ld.sj89 SHO -{d D9'\(.slq2J:b 811~(t2 ::".:)53..5:J'B 2 :lo ::'00']: 9'1..supe 9.riO b99<.))l;:.9 j'nn: egg::- no-xi 3:0 j 59"i 992":rij' fi~59 ti"td,j'..Cr,'J gnj~bIJ:jj'.:5~)d:\' bsJ:qu~};:)O \;~J IBJ)::t~s . b9:~ s.~;oI 2.i B8SiLe :: (:-1-11 .1 o .-' ~t ,\ .,' ,-..\ . .' .\ .s ~ ~~ .01 .IX ...~rk I-II n:o_t::i':)S~~:, e;9c; 'j, , , 13. Mining and oil dril1ing- subJect to approval of the Board of Adjustment. *(B) Minimum Lot Area: perdwel1ing,lD.otel, hotel, rooming house, or resort lodge . . , . . . . . 6000 square feet. *(C) Minimum Lot Width: per dwelling, motel, hotel, rooming house, or resort lodge . . . , . . . . 60 feet. (D) Minimum Front Yard: principal buildings . . . . . . 10 feet, accessory buildings . . . . . . 15 feet. (E) Minimum Side Yard: principal buildings . , accessory buildings . . . . . . 5 feet. . 5 feet . . . (F) Minimum Rear Yard: principal buildings . . , . . . 10 feet, accessory bUildings . . . . . . 5 feet. (G) Minimum Floor Area: per dwelling unit . , . . .. . . 300 square feet. (H) Minimum Off-Street Parking: per dwelling unit . . . . . one space. per unit for Hotels or motels . . . one space, for all otherperlDitted uses ... one space for each 400 sq. ft. of total floor area with such park- ing.space located within 200 ft. of the permitted use. * Refer to Section 11-1-8, Paragraph (B). Invo:cqq:2.i oj :~~'~1 " :~ ::rsmj BrJ 1 1.':0 onE ~ , .. <..J. h"LBOff 3,:0 -:::Jo.'''..-' ",.'=..,-, : r?,,::)'::::l~ j" o~-~. ',- I ':~'~ib .. :>~;:?~ 3: !-;!,:r.J:;"_'~p 8 " iJl00:C ~ 19:~-ct~ t I.<:} j' 0fn ;,: , ::)i,~bC)1 j'~c':)89.I. -:::0 ~9a15ori {9B.uc6 g,f::Imoo~ ..::i 9~3:t D t~ -'. . .~ 121 .. j:'~~)EJ ::: <: X ..j (. ." ..:H?i9:t 01 . ~t.9:::'.j: c .j S~:r_S.fJp2 0.02 "SJBq2 SITO " ;-:0:( S:.::zq 8 !:':t,{.';'O .Ls::;o:t .. :fi .. pa GO.~ L::)B9 ~i~uz rijlW 39~S 70011 b0:~'E:)oI3::;Sq 8 b0:tj'j:rrrx9q 3:0 ~ -.. 00,>' " <;)31.1 :J()J '"(,1,";- r f 'c'l/:tr. (:,::;,,,,,,"-.'._'.f''iJ/j "J:e,-} cI9j.Ori >:i9j'Ot?1 , ' '.9[10 . 9-p;IJO~[ ::'.X029..1: :;:0 : h'!,f;3. y :,;- .C!'O:r'~[ ag~:LI:.bll.tf{i I3q.l:~n:j::tq 't:C0B29~~'B. :b:;:E;~{ 2-;:~ITJ:bIj:IH:j egnJ:h.I , . . J.Gq:..:c:.)!.J.:': 'c~'::r0229:):).S :b"XsY ~:'2rt,I:bIJ:U(1 8grL\:bJ~ y:ro 8 3!.~::<::.G ":::ooJ'::~ gn3:J.I T'3Q :15S':fjg...3:3:0 .. jJDn I.r ,:)W.D ::~)q 2..E0:fc;;T 'XO ZI,G:soH ::o:i jJ/J.U 'X9,cr 8S8JJ 1J9j:U:([n:f:.;),q '::r::"id~~'o Xln ~':':c-3, . ..(8:) .. .... Liq3:tg.s"IB ':i. (f-S-II nQlj~S2 O~ '. ~'... !-'" / 0'" '\ ,": \.u'j , f, ..;:~) (" , f \ ;( ~.J' \ \-.~ i ",," '3>;' I, (J) Maximum Height of BUildings: principal bui14ings . . . . . . . 25 feet accessory buildings . . . . . . . 21 feet on the front two-thirds of a lot and 12 feet on the rear one-third of a lot. ' For all uses in the T, Tourist DiStrict, f:hema'Ximum height requirements may be increased by not more than 50 per cent of the stated height limitationsprovideda.ll otherrequirementsfbr this district are complied with and provided the total floorare.a 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 re<l:uir~entsas stated for Tourist District shall not be exceeded. (K) Minimum Distance Between Buildings: There shall be at least ten feet of space between all principal bUildings, whether detached buildings or connecting bUildings. 11-1-6 : B, BUSINESS DISTRICT: (A) Uses Permitted: 1. Any use permitted in the R6 and T Districts, subject to all use requirements specified for such districts unless otherwise stated herein. 2. Any general business, cOllllllercial or wholesale activity, inc~~ding: automobile repair shops, bakeries, banks, builders 'supply yardS and lumber yards, laundries, personal service shops, restaurants and tearooms, printing and publiShing establishments, storage "warehouses, all retail sales Quf:lets -- with'the exception of uses specifically liSted below; : 2gG.thl 3:0 jIlgl9rI mUlTLCXS>., ".r " ,\... ) j'f)9~: . 8:::'i,~rJblj:.ud Igq_c=:;n.t:rq agnlbIlud ~~0289~~S ::Jss:i: ,..'^, " .;....., j~>s3: :ZJ biTS ~:;(,.t E 3:0 ab.iJ:d:r-ovr:f jGO"iJ: 91'~j .nO !.IJ: 892.U lIs :ro';I .::ol.g b:d:dj-9fIO :tBS?: 9d:t 2jnerr:9:r1:T.JPS-S. :~. G:0JT!xlXBm 9t:;::j t ~J :)~::~J::' BJ:G :J 2; Y:-:f.uoT b9:!i.S:n? :r.o j'f1SJ "l:SG. -::> (. r:.:,S[i:j 9:tDP'I :~orr .ba8.f;;9"X~n.[ 9d a:: 'X:).;::{jO XIs betI:.tvo:!q snoljsj.;;:mli oj :3t:::-~ brLs ;1j_[\\7 b~).tJ>:,~imo:) ':)'X5 j:)J:tjp '"I" ,"' B";~.L{j h9j9~X9 j'on S:TCclS !:):r:,::"J:8.G.'-Xj'2 :l 0 B9:tS ::tooL:;: eBoq j' aJ:-:rJJo",'; :::01 d,-~l !YO :joI f3.cj' :;:0 .69'XB I.s~:oj sd:';, Cd:jB'X .f.: I ~?,.tdj 9T9d";:\f .b~3jS~O";: 8S ej.r:::srr!9"!.!nj?9:r :tdg.t0d. mum..(:iu:i.ux .. r~'.9b99::)>-:99d jarr lIHEJe j":)J:".zj' c;.f. _l.,......"... -' '..J~1. eJ: J)sj.S:-Y8 : 3gn3:bI~::r.~'S: i!0$W:~9a: 9:):;;1s:.-1 B.rG .Le,;;; .;.'rss"T::':9d 9::-.G,q8 3:0 :1'393: HSj' j2.B9_:' "JB. ~'>d Iisriz 9'X.sdT' :tc 8\ltrlbJ -' bsd::)sj'eb ':!9d'j9DW t z;2.n,::bJ IBq1::)fi~t"Xq l:.:.~j"d gf!_tj:::,e_~f1n~) : 'J':] 2118 C.i' tL. :0~1-.r.l : bej:;~:rr.a0"1 B9au (I:;.) ~ 8j~,.::tj B3:G ~r Qfl'-I; [i'..C hS-"-\.j ;...tj....:-c.~ .......~.~i 'I;/,-rj.'- CJ_ _ ......~' J ~ ....." .k.;;;';"~ ::;;........ ;,.",_':" ajrr':3Gr9~~~}:Up~3:r S2l.} I-L~( c:J j':)9 tdJJ'8 .1 ..H3:s.':fSr1 D9jgja .Si2;.i~-':rJ:~9,.d:,!O 88s1:':HJ 8:;"~1"'I.j8J:b .... ~ .. -. , :rOI 5::>9,.t1,.:::J9QZ sJ329I ")~o LSJ:,S\-X9iTlfl10:) t 289nl .~:?>:;:sn~:. ", .. ::~ : ~:.rr3:blJl::n."!~t .tv.t:t~),'2, t 2qOrIB -.r"::J:?c;9:1: sJJ::domojIJ;'3 , a9.L:;:"l~rGd ~ B") ':Cf) ...:-:~ .rf brig 2.,b~.:t.'2;'\'~ '( 1 ~ a;lns d I ,~~-,'_c-h r ~,.' -:;;;;;,,"',-'- .f;;(:~j:jq9~"';:;.t9 s.dj fjj 3.:'/1 t zmGo:r. .8.9:1 bt~_~~ zj'I1.S.'XllBj"2:':).:{ t: Sj"fS.9',:1:i:'ls):,Irl,s:J8S gf.tt:~ t 892u::>rE:9""S./Dv.1 9;g:s.~r:)::'l8 ::';.::),0 8aI.!3S .~}:_2,:":9'.!: 11.3 , ~ 8qoD8 s~.1:'lir:r.98 rSfl08::\>3('~ 8~t : c,'JoIsd " _C t" ,::;.::' ~' ::; 238IJ 3:0 , , provided that f01:".eachbf. the above permitted uses, outdoorstol!agear:easand excavated lands are completely concealed by a fence at least 7 feet in height. 3. The following uses, which may create unusual traffic hazards,provided all such u!Jes are approved by the Board of Adjust:lllent, places servingfObd or beverages outside of an enclosed 'building, places of amusement or recreation, advertising sign boards, gasoline stations. (F) Minimum Rear Yard: princ~pal buildings . accessory buildings . . . , . . . . 10 feet . . . . . 10 feet . . (H) Minimum Off-Street Par~ing: For all permitted uses tdbe located in a block not more than. 50%cov:E!:ed wi*h buildings at the time of passage of thiS.ordl.nance ----one space for each 400 square fe:E!t of total floor area. *The Ordinance from which this section derives was adopted July 2, 1956. (J) Maximum Height of Buildings for All Uses: The height requirements for this district depend on the ratio of 1:2~. by which the total floor area of the .structure abovegr01.1nd does not exceed more than 2~ times the. total area<of the lot on which the struc- ture is located, provided.all other requirements for this district are complied with. 11-1-7: U, UNRESTRICTED DISTRICT: (A) Uses Permitted: 1. All uses not otherwise prohibited by law, provided, b:'3:~ -6\/_S.';))C~7~: ;':::12. [j.~S9 :\:'03: jsd:J .b9,b,.t"'",lO-:rq 2B9:rf~ sgS:rO:i 8 ,!('job:t no (3::)313 .B-':~,~-.; r"_!'o....} ,'" r c,,--,;.t::..lrtr-:7o"'" 8~,~1~ ,'J _.. .~~ \. .'_ _,_,.... '~,._'~ -.J .',"" r.;.,,): :,('?s:t '\ bSjj' .g.t:nsJ :tg,0 ~,g r:- .d ::1~~:g ;E;~)qU ;'::..:)ur~ l-r J.. .:..5 rI" :)<-::i.;:. _:7 j' .12, 9 .~~: ~" I: r:b:r.i3Szd ::L~:::a:.6'X:i' t,::rnT:>tjj"8Y.J bs\rc'::qqs r'c'" c,;..,::,) B:tX)'-:) :;:r. 1:;003: I: ~;:::fJ.LbI .;~I.id' 2 a9~~sJq b9:80I~'f~{9 eno::j'.~e"j;~~-$':r "'.IC :LcrSfft98J.nnS :t'e} 39:),sIq " ,.:;. ')~..rE 0..,:; c; 83:j':t~")\.:hE ~ 8f!O .(j gj 8 :b-:rsY :r.s95I , '. :t~;':9:t '\'" L"il. lEq .5::JfLC:rq 8-8;?;:):)3 :\$:';-:;: nr :!99:fj~~-:t3:0 [r.fxJm:LrL~j:,1 ' :{;:JoId }'; b:s,jB.~)GJ c:t E:, ;:) ,=;,IJ .J:m-:,:~)q X iB -:;,CO".:':' 9ft:!.};::') 9t~j' ~,. <f":' ~,.;<;:> 22:(,H..::bI ..;:;;~7 bS'79VO::;S (. f1nr~:i- s':t:eXf! :;O:G 2:: 900---- ,:.i1<)f!gnJ:fY.:cJ elr.1.j :to 9)~32;8r;q :':~O . .G9'1:~"?' -=oo.L.~ J.Ei:fOj' 3:0 j993' ::t"X.sj.,~p~ :r():~ ~J.sw 8S':7 ~7.oI:::::'93 :2 d':).IrJ\:q mo:>::1 9:)f:LSnJ:b.~'<; 0r1'I':;\' '01 \~ "t.""'- ~:...-~~'"", ,._~ ..'(iC1:, ,~_. '{. J.l\... .L~::;::_n.;\.O,.,'s;; : 8:98~J IXA "'::03: 8'2:;.c!.tbl3~ui{ :~O :jrl?tsE ;" ",; ri;;r:b S:tOf2 I:'9S:;:;::9 :', ()Jt 89cn 't(d . , . .L :~d:9J:9fi srlT ~ :10 O..tjf;"x ::;Jij t;O bnsq9b j~i~j2.tb alr5j ~o S0~S ~ooI~ lsjoj :ro:: aj'.fJ:9C19:a:lr.Jp9~::: S:fIJ:1 ::Jlr:r:.'" E:: sri'j :to3: 8:t fIO :\'01 :3,dj :Cij B$:fS .Lsjcj ~~.dj 2917LCj '::~':7rJ:~O _r Lsbfjf).;:":rD:rc.: ~ bt3j'S::;oi a..~: 9,TU:( b:9..tlqfTr.")~ ::Y-,:.& :.r.::d:-.rj' ~:.1b al;l:~ -::::~t.lTj8 Sf.":~j C:3:r:\':' ,," ~u : "':-I-JJ : b~)j'j1:rr:"~t9 'i aS2iJ .: T;'T,~;..[ "{cl" t.: f:i' ::1 ;'J:': o ~jc , ::;;..';"J2U ",.: , ' however, that. none of the following uses shall be established unless approved by the Board of Adjustment: outdoor advertising signs; smelting of ores; manufacture of explosives; junk yards; garbage, offal or dead animal dumping or reduction operations; establishttentofaq1.1arry, gravel pit or mine within 100 feet ofa public right of way; or any addition to atlY of the foregoing uses. (J) Maximum Height of Buildings . . . . . . . 25 feet. 11-1-8: SUE'I'LEMEl'l'TAAY REGULATIONS: Regulations specified in other sectionsaaf this Chapeer shall be subject to the folloWing interpretations and exceptions: (A) Uses Permitted: All servicl:,! yards shall be screened from the ground to 6 feet from grade. All fuel storage tanks shall be completely buried beneath the surface of .t:he 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 resi- dentialproperties and away from the vision of passing motorists. Signs ... in addition to other requirements of this Chapter, all signs for idl:,!nti~ication or outdoor ad- vertisingpurposes shall comply with the following conditions: 1. No sign Shall be lo.cated so that safety of a moving vehicle will be impaired by.distracting 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. X_~~'3rie :::0 103: 9dj .~).t'IOf1 ~:;" r~rJ:J "::.1:.\',-9'1'70 ' b.s"<lO"1qq,B 88sinJ:J aE~ : :iIZ'):<; "i:"r} B (:,..cj-:::e:'\lbs :rCOb~:;H{) ~ 23':;;0 (esv12clqx9 3:0 .i. :) f'i: ::~; c':c -.,.,,,,,:., .'.~ -' -'-'" )I.ar.r t -:,0 < 2lfi.cqmub iBm.irIs h~:::,'3b -:co .~s:t3:o ~ ~9F:, :H3~' (: 3.;,",iG.i:ji-::!9QO rrol:j':)I.l.T)?;:"x Jc...,.'LT,"".........'S._,,' .;;,.......~"'r)"n~ =>n -:n'~m;rt2:- rr'{r;'"""_("o;;.c~ ~__.~ ""-"..... ::"..;._.D'~X'" ,j:.,.... 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':,. ....~Q ...l~li-.'.., ',.;0 ,"_'~>_,:;.~)-iU"'- :;.,,~.~ J..J.Sfi3 E 0/[ "J :)S:r::l8.Ib 'CG hS"2L!.sqmj: 9d lI.1:',"N 9J.::d~d:::.,~t '2;!Lt"VOEi .. :-)I 9d~::to '".r9-:" l::tI) '9.rl:t 23:.<;)' S1:::;' -:;:~)- .€ duq g o:Ln:J: j:;9 8 0'/: ,"~ . "'~ nqJ}:rg.s:rS"i. sq ::::.s. g;;'^7 j (i\.) , , 3. Identification signs shall identify a business orpriIlcipa.l authqrizeduse on the premises where the sign is located. Free Standing Signs shall be limited to one sign per J,)rincipal use, rot: 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 ~all or roof line of the building into the side- walk dght-of-way,nor iIltoah(, alley, shall not exceed 10 square feet in area per sign, and the total area of all signs per pUilding shall not be more than one square foot of sign per 5 feet of building frontage. Wall Signs shall be limi.ted to those signs not extending more than 12 .inchesin heig~t per let.ter and not exceeding 30 linear feet per sigIl, and those signs painted directly on a bearing w.dl,. provided that such signs include letters only and do not exceed 10 sq'llare feet on anyone wall. 4. The color of the signs shall not cause confusion with traffic si.gnsor signals. 5, Signs shall be kept in good repair and be properly maintained. 6. No flashing-light signS .shall be permitted, and gas-filled light tubes shall be used in signs only for.. indirect lighting in such manner that the light tubes are not eXJ,)osed to vltew. 7. No exter~or signsspsll be . permitted except as expressly autilori.zed under this zoning chapter 8l1dsignpermi ts shall be obtained from the Building In.spector inacco.rdance with the provi- sionS as stated in Section 11...1-13 - ENFORCEMENT _ Paragraph (B), Sign Permits , In cases where the Ordinance.doElsn()t.apply, in hardship cases and others which the Building.Inspector questions, ap- proval shall be obtained from the Board of Adjust- ment, In SUch cases the Board of Adjustment before taking action. may refer the. application to the Planning Commission for their review and recommenda.tions. a 2s.cr.i~ Bud .s IJ.z.d2 ;:: n~.l:J:.t:s ...... 8 s- 2, )=m:9~sa no 93.U bss3:J:c):d.::LtLS .Lsq.L:)GJ,,::q ~o ...Lj~?:.~BC(L[ f~~t ~~:~ 91ij s:rsow 9.D:O c,j' {)9:r ,bT.ct19<{ . jf.~)93: ~.:rBupa OX f>":io'):':k bS~.r.U8.s9rc; e,,i.3 .. 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Ii'L~ .,..':,., ,"' .'"'''''' ~..:) ;~;J -,~_l.r.;J~lG ~,:,Jc..,,,,,".1 .bsn~cf)j.a3:.sw ~c ~ag tbsjj risl'ia ang.ta ~ gn:9.c8 b:98:.:J .9d IXsda B'9.d.:.r:~ .,c...! hs.LI ..',;',7S1i\i' 0"; :::011 :=1:;:,::"; 8~~d.u:j " ~ ~ . .~;. ~:~) '!"..t.e f:U: [,no '. :i: ~~ a/It. t1 ;',! ::.) ,::} 2 rd" ~"...<. gnl: 0fi'::\' g.r:;. :::qg.::;,XS bsj.~.Lh\r..f9q 9(\' IIsda: RiJgJ:a "Xol".f9:';'X9 ':J'v[ 0 \ '::~0jqSrl:) ,~.Cd:HO~S z3:rl:l :1:e.b'r;r~J bt')~"';J:todj..ug ':(I~<as:rqx9 sd:i G1C:::;-:t b9r;.rsj'do sd Xlsria 8:\ .b::r..rsq .ag1:~?' hp-..J3- -lvo'x{} s:I:'r rEj lWE):)!Ig.D"Xo::):)!S t.1:,:< ~.fcj"~ ::?qenI gnlhI..b:J;:I _ [i-1-II fiO.~j~92 e BE 3Gols srb' 892-:Z<:) . ...?~'l~IC:fg;~~..Qg-:;.ti::~ ... (.a:) 898.8-,:) q):fh:';;~':;:..e.f: .Ct.,: ~ \~Iqq.f:; :i'OL1 esob -'({H t 8t.iioJ:jZ9UP ':;:oj':;sqa.nI .bJdsdj .d::\.Lt:t,:;~.r a:fs.c:L::~.o -j0!}'~' :to b-:;:soE[ srlj mc'!:: bsn.lsjdo X..LS,r.\8 isvo:r.q j" f:s,mj B,t) 3:0 b:rBOH sri:; Z0)2B:J d~":)1..18 . :f.r.~3m 0-' j,s~J::lqqg '!s3:s:z '~(Brn ::.:.3 gnlJLsj' 0J'X07.9r:] bEE 'W9_;;'V'9'J:' :t3:9flj f:rO~: 2 8.J: ,~mr~o::.J ~ .. ,.~ gn.,crrr:E3._'. ':;. ~:,:;u;o:)=;--:. 1 i (B) Minimum Lot Area and Minimum Lot Width: Small lots ... where an individual lot was held in separate. ownership from adjoining properties or was platted and rec()rdedat the time of the passage of this ordinance,* and has lessareaand/or less width than required in other sections of this ordinance, such a lot may be occupied according tp the.permitted uses provided for the district in which such lot is located, except in the case of motels, hotels, lodges. and resorts which shall not be subject to the preceding exception. Reduction ... no part of an area or width required for a lot for the purpose ofcompJyingwith the provisions of this chaptershaU be included as an area or width required for another bUilding. * Ed. Note: The Ordinance from which this section derives was adoPted July 2, 1956. (D) Minimum Front Yard: Developed areas., .where l().ts.comprising 50 per cent or more of the front.age.on one side of a street between intersecting streets have been improved with buildings at the time of pas~age of this Ordinance,* the average front yard of such. buildings shall be the minimum front yard required for all new construction in such block. * Ed. Note: The Ordinance from which this section derives was adopted July 2, 1956. (E) Minimum Yards: No part of a yard :required for any building for the pun- pose of complying with the. provisions of this Ordinance shall be included ;;I.S a yard for 8Il(}therbuilding, and all. yards shall be open andunobstr'Ucted except as other- wise provided herein: 1. Architectural features ... cornices, canopies, 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. ::}"o~I DrIB B9'Xt;. joJ: i- r D.L ;:;S\<! ::5'C.[ _LeXib}:v,.fbD:J: n!?,sr:v.:;,ri.sq 2jo_f , ,. . 2}3,~t; :;c) grr.iH.I() Lbg i1!J:C::; q_td2':X::31YifO 9j'B:r1;(;S~~ .8 _' :;:0 9;gf.:.88,.g(~ :\0 9m3::.:; 7:L~ I)~~b:ro~9"! on:€: EJq [J:~b3:w 88::"1.[ ~j:o\bnB g9:-;:Z 289J BEl'; b.cfB '^' (.9~fLl3r.tL';):IO r~ .ci:;!.JS ~:3:)f.f5i';J:b:-rD 8 Jdj' 3:0 Er.fO):j~88 1:9.ri::.>O n.r D9"1".I.rJp3'::t ~ 8SZT..:: .0s<:t:i'.Im:r90 9d:j o:}' :;:(.rJ:b"iG~:JE .b91niJ:)~C '(sm: '" ,_.l ':l .. 'l(.j,t'c.....~;:o. t...G>-;~."':")r 9" -tal l;r.......,J..t> ,..;.....:.,-h...r -',.,-".i_-'.",-__~,,~_'[:;',.. ',".00.;"_ . .::,.,_,.,,~,~, c ,.~;;;:,...).~,)....\J..... 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I~~.f~, :f03: i...'.:~,.:t!'.JJp9'X b:tB'\[ ::;,..S,8 ,J~:fI t:5: '(1 '9:J.r!.sf1:.1b1:0 9ru b::1j:qob.s ar:,~q 8t)VJ:"1'9-b : ejol( . ,b2~ ,* (?') >"r_' \. t,Lj' : 3 b :f5? 'I rr.a:Ja:d: n.;i:J-!I C~~) - ::r;q '" f]j :c()~ gn3:h_Ltud "-'(Il,~ :;:0): 09".rJ:.t.rp9:t 2, trf.j. 10 8.Go.t aJ:\i"o:rq 0_clj .r1j j:vJ .I ":i:~d:tO.o:5 ::,'3J: 1)'):1';'[ .s 8.3 .bt:)j:)U:LjBdOSIH DHS .bX.B\t: B :).0 j-::.sq O;,~i, -Q ~";:'", t '''''-''''''0'- -:::-j,1i.,... '-_.........,.;,1,>1. ,_' T ~ \" .08.1)':':.1 :\0 Seaq Jisd8 , DHS JIsria ab:rs,= 1L5 bablvo'Xq 92,[v.i - :c~~ 8S '( 8$}:qGrfE~' -.::B:3~]:~:-::':EO::) 393: IS:fr.;:-J::;.:3.:';' S. .t::'B.d:S 0;':;:CtFl ~\'r.f\' b:r:?:"\.~ 8:3"J:Jr-;'.5S:1.: Sz,:i:i:J::-S'.::;37:} , ..'- 2. :ro BSV.B.S e 2.~31J70~)~Lsd .S oj'fLr D1Xsj"XS ':{SI':! .jss:J: oj.cr h:a9:tX.:.:~ 8-e ,):-: d9q.~.~2 "-) ~) (' ..). Q -~2j .f\ .,~l' :2)':'~()IF ::;- (;. .~. r::!. '0 j i 3. Patios.and fences .n are permitted provided the pa.tios areunenc:losed, and the fences do not exceed 6 feet in height. For fences at corners, see Section 3, Paragraph A, sub- paragraph 10. (G) Minimum Floor Area: In measuring the minimum floor .area as required, all measurements shall be a.long outside walls of the living area, not including garage or carport area. (H) Minimum Off-Street Parking: Each space shall be not less than 10 feet wide, 20 feet long and 7 feet high, shall have vehicular aCCeSS to a street or alley, ..and sl:1a.l1 be . located on the Slime lot as the principal use which it serves in the R6 District and within 200 feet of the principal use in the T and B Districts. (J) Maximum Height of Buildings: The maximum height of buildings shall be measured from the finished grade, beiIl.g theest.ablished grade, if any, otherwise.being the average ground level of the lowest and the highest level. of the. structure including elevator shafts, water tanks and air conditioning machinery, but not including chimneys and vents, 11-1~9: NON-CONFORMING USES: Except asprovided in this section, the lawful use of any building or land ex:isting at the time of enactment of this Section,* or of any.amendments to this Chap- ter, may be contin\ledeven though such use does not conform to the requirements of this Chapter. (A) Repairs and Maintenance: Ordinaily repairs. and.maintenance of a non-conforming building shall be permitted. (B) Restoration: ... non-conforming building which has been damaged by fire or other causes maYbe restoreg to its original condition, provided such work is commenced within one year of such calamity. /' ,b~>f.:..t"\.rc~~q ~,)9j<:U:m:r9q 9TG ...... 8~):):IS:l ';'JfIB en 89~n:!;);3: brrc ~ b~8018nsi1lJ 9:rf:; :;r's. 2;.:::)8;;:Y!~ j: fL[:~ CJ ~C{ p..;. ..f :j'O.~I -(LU8 (j~ rIq.~~,~::;g~~:y:u;;~~ ~ 2. fXO,.t~j 9S2 ,8::8''':[0::; .OJ d,C'13'Y:gS3.:f.sC .' ".- .... :5,) ~..:coo~:_'Jl. JLs tbe'::rJ:Up9:t 3.5 .BS::t.B '1"0011 ITJL~m.bltr.(t 'r ,3d:, "3:0 ""LLs',, 9D ;:8jJJO :{lrrCj~S sel LLsd8 <J:?r:9ffi91:Uaz.:'l":: ..:68"1.$ :~:;:oq:rg~) rj:O ~l;f;.s"'.1B~~~';~ g.r.;:1bHl::Hil jOfC "E~',;:r:'EJ?', _.;, G.I .c13r:~:1' 8 3.1.31'13 ., " :;' (:l.fl :J bns p, ,...,-,', ;::,;.?s.:);:),s .J.B.X..u::d:d~:)\] 9VSrl Jlsth::. t ~4 . .0 !JS .t. .f. .~( 0 :~ f:~ :~)':: j 2 .83 :~oI :9lTISB Sf:':::' r:..0b~::':Jf!:,OO.t sd II.s,d:3 --"..;Y:> :r:)j:-X:i"8.::G sri:; - - .en: g,9'1'7:,:),8 j'-,: f~( 2;~.:' .L~q,L)fLt':[i~ :,;' :9S:~ ~::;: br.::H 1:'[' ~~a.u iBq~t:.:',fx.t~.:rq 'S'.',...., .. gj ;.:.>.J.:'xj' 8,tG .. 0:;.'0"" ;.r., r :0- .."-f -=J'~'., . -.:. ,:,:;. ~';'_"U' ~,_ .'.. ;.J<';' .', '-' bS:U.J8.SS:;' J ." T" C. 2:gr.r.,G) J, ,[,6gj8:3 srI:) :;:0 9d ,." -, .',..i. (9b3':'rp, ~5: ;2. 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D9gsrl'!.!.-;I) ,C:::")90 ~~.s.rl d:;).td\,,;r :;Y:f():~;:C;:::}-L';<'".G A J.,;': t tl(}.!: ~',(b':10:) ~?:L;: CG b~:)~~oj E;S"i sa \/.5:'.> 2:)8LJf'<~ , ' OS::1J.::S,rJF'.::):) 8,.( .S'7....'iG , "' J'~Dl.rg :::: c. :LS9Y ec:o .r.'\fJ " I \ /"'f" ~, ('1. :':0 u , , (C) Abandanment: Whenever a nan-c()11fannin~.use has been discontinued far a periad .of .one year, such use shalln(lt thereafter be re-established, and any future use shall be in canfarmance with thepravisiaIlS afthi.s Chapter. (D) Change in Use: A nan-canfarming use .sha11 natbechanged ta a use (If a lawer,ar less restrictive classificatiim; such nan- canfarming uSe may hO'liever be changed ta anather use .of the S8.lllear higher ClasSification. (E) Extensiims: A nan-canfarming uSe sha11na.t be extended. (F) Cessatian: All business and industri.a.l uses located at the time .of enactment .of this Cha,pterin any~esidential .or Taurist Dis trict shall bediscantinued within ime year after the effective date of this ardinance* W::fsuch uses are nat cantained within an enclosed andc.overed building and (.or) if $uch uses are detrimental and injuriaus ta the adj.oining lands. bec.ause such uses. create. UIlusual and .ob- n.oxiaus adars, smake, saunds, dust, vibratian .or traffic prablems. *Ed. Nate: The ordinance from which this Section derives was adopted July 2, 1956. 11-1-10: BUILDING REVIEW: (A) Purpase: With the purpase of conserving the valu~ .of buildings andencauraging themostapprapriateuse .of land thraugh- aut the City of Aspen, the Baard afAdjustmentsha.ll re- view all building and sign permits where the character .of the prapased canstructian might be sa at variance with the established.exte2:'iar architectural appeal and functianal plan .of the struct~res alrE;lady lac.ated in the neighbar- haad as to depreciate the va.lue .of. s.uch established buildings. The Board .of Adjustment. Shall restrict its review in each case to the effect .of the propased ~:to3: b:3.ufi~t:LnO.?2,.,':.r..) !.:i99(t z.3.d SB.Li g.G_:~rlj..r():tn:o::)- iron g 'x9vensr.liiJ ~1(:; "X9,:flBS'XSf1:-j jOfJ .Ltsii3 981J d:)J}8 e :rB!'~"'C 3f~:O 10 bo.t'!9Q B SJ:)n:?~m'::EOJ~tIO::~ 0:J: 9d JI.ed2 $2U'S".rH:!1.t3:: '\~r...s hfL~ c:.b:S'1~:a~tI(Ji:.j?S-9:t .. "i9~j-q.sdJ 8J: 3:0 8rroJ:slvo:cq::>Jj' dj' : saJ f.l.I 9gLH3.r18 s :;:D 0)8Lf .5 oj' bS<S~!1Bri.:) sd jon; Iisda sail :'1f.rj:ffn:o:!i10~-HOfi A ,.J '-' .....GOrI d~.u8 ~ Go..r:t.E;~,.rij.8B.S-~:) ~~vlj:),t:rj'L::):f. 2291 '10 t :'::51,;",70_1. 3:0 08XJ ':::.:9f:[:Jon:.(f!, o:~ b9gri3rl~ sc:r 7f.9v9/i:/on '(.13m '382J ~~)"ilr:rrxo:tn:o~) .. r"oJ::t.e:))~:ilc;8gI::::, "::t~:H::'g_trl :~o sm.e.8 en:t ...bsbJr9:'tX9 sd jon : 3fIO.t8119jx3 c 98H ~~,fiJ~rfrYo3:n:o=:;-.non i:~ : r!O~tj:O(3 asCi 3.0 sri: js .bejs.:::,oI 89:?!.J IB.l:rj8u!::>flJ.: bITe 88S,fLtsud Ill:.. :~8.1:J:.::;o~';~ 'J:~) IsJ::1Tisb3:8s2. .'(HE> rrJ :r.~)::;'qt:.riJ R.I:dj 3:0 j'fismj.:)SfiS SDj :J:9,j:is "YBS\{ 9flO .nlDj'J:w b9JJ!!.5:jti'O:J8:1:b Il.z.rfa j:)j:::r:t31G :.tofr 9:!:S 89Bli d~.v8 1:1: 'kS~:J.G.BJ.l.~cb:to 2 :10 9jEtn 9\.rj::t~,9J::r.9 :f:::"eiJ? 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DMIGJ:l :OS.-I~ll : 980q:rX.J;;:;{ 2srr3~bIJtJd :to 9UJgV sd:;;' :5~f1.iV:r.S~~JI0:) _*,d 920Cr:rUCf sd::t d:1 .J ~ - ~ -dg.uo:r..rb' b::"L2,I 3:0 saD 9jgJ:CQO:cqqs j.(~{);'n9dj :~rlJ:g5::-''!!}O:':~HS .f)!:B -9:; JIBfi~~ j.t:r9rrr.J2UtbA :lo D'i.soF[ t.f1sqai!.. 3:0 "'r:J..t~) 9f.1':1 jJ"JO "",~c.-i"",,~~'r-:od..... ,",,[~'_" "",~orl"""" 0-4 ~~r'(',: I'"~'''' i.~ ~...rr!:'> ""r'''~''t'...;'" ;.~'c~. i 1""p "'f""" i..,.' ..._........<','~=),'"....> ,J ;.J .;;;,,_~~J.,'V :::.._,..,.I.'l.<.;;;P..'. li.,'.,:f,"'_o ~"~.',$':;> ,o..,":....:..<J-../..v: ....L.;;:' ,:.-:..?_'-" sr.j" fIj 1\'7 S~.LfB.r.:r.e;J;l j gOB J:J.oJj::>J.F:r:r2:GOSl b.9Z0QO'X(}: 9::1:; I.Gno_t:r;:)r~il3: Dtl'e 1.sJ:qqE I.sTuj":J;Sj' .l:,.cJ!):rs :n)1~i9jx9 beriBJldsJ 89 -:todd;;:J:s.H 9d,j _Gj~ bs:Ls,::>ol "{b.eS".:l:_LS 89'11J:t:.)U:r.j8 9.dj :to [Tsle ~ ~ ~ D9rialldgj'B0 ;~f:);),B ::0 9.!.J.Ce,q 9:~Bj::)::):r(~~9b oj 85 ,boon (?,j_l j~.t~.Ij29']: .f.J.:gi:~2 jn::Hn:}8.uU),.!~ io b.XBOE s.dT .2~l..t:L:bll.u'd j::?;;::;oqryxq sdj ~() j::'93:J:~~ srI:: oj e2.S~ n:::;Bs '~J9,tVS~J: ! .,.... \.hj , , conStruction on the health, safety, morals, and general welfare of the City of Aspen, keeping. particularly in mind the unique characteristics of existing structures which have established special land values and prosper- ity for the entire community. (B) Method of Review: After rec~mving 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 ()f. the time and place of a hearing on such subject, the Board of Adjustment shall either ap- prove, dis~pprove; or approve subject to certain conditions, any application.whichmay require such building review. For each case the Board of.AdJustment before taking action may refer the application to.the Planning Commission for their review and reCommendations, and the Board of Adjust- ment may (when considereddesirable)obta.in testimony from architects or other qualified technical personnel on the effect of the proposed construction o~ established land values. 11-1-11 : BOAlU) OF ADJUSTMENT, VAlUANCES: (A) Powers and Duties: The Board of Adjustment shall have thefoUowing powers and duties, all of which shall be exercised subject to the laws of the State of Colorado and subject to appro- priate conditions and safeguards, in harmony with the purpose and intent of this Chapter and in accordance with the public interest and the most appropriate develop- ment of the area. 1. To hear and deCide appeals from, and review any order, requirements, decision or determination made by an admini- strative official or.body charged with enforcement of the regulations established by this Chapter. 2. To hear and decide requests for special exceptions as referred to such Board in other. Sections of this Chapter. 3. To authorize upon appeal in specific cases variances \/ IE. :~':;H~~s2 OfX2, (B 1J:. :;:0;-;:\ c \~j'S :::'2- B :j'-:"::S(l 2:.):,.uj~u:(:-3a c> "'~ ':::~'3q 30 ";;;q :z.~9iJ ':,\ t')<<; :;~, '" '\,=j.~tT:rUn.ulrO::) 9....r.:::"f;~~ : 1'",y:) _::'\/8 51 l1e.L ::1'.:) J.r:;::! E~r:r0.J :~ i"'I 81"X.61 ::>9 6Y';1.~r.~ :;::(,:-} .r.~'Gr:ij , \, G :rOOJ.:i: an"Blq s,j .J: 2, :f;!,f.;:.lVf29:::Y0-:;: ":~9:~:L:.. ano.c. j'_s\/sI 9 ,,9..:n~~:t' ~JJ:rj' 2: ;:::;.20(fO"xq Dseoqo~q a1 3iD~ s'fnJ::t srIj 3~(j j D:.€.::; 9:.~j:2, 't b9~,SJ:q s :to S::;F:, ,.e :}:),U8 .:::r.'.;,:' L:C -'FD__-+....fr:.\'-.A _1 R4..:...,.]I...., O."J j_"",,...,. io .b:;:.cnE ,Sr1j' ~::o t 8;':~<:')::t,.th.c.tc:) n.Ls.:!"''::S:J c-j j'?9 f'd_,iJ3 9'i'},C'YCiC!B -:CO ~ ~;~,ro:r'~'l-r.:18Lt~ t ~1./r;::' .. 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"'.::S';3'::i ;:X; I: 9"'!':r.S ':: B "':; e,:'", . ~J:9:} .c 1 i , from the terms of this Cha~r,where, by reason of ex- ceptional shape, siz.e or topography of lot, or other exceptionalsituationorconditiqn of the building or land, practical difficulty. or unnecessary hardship would result to owners of said property from a strict enforcement of this .Chapter. (B) Procedure: The Board of Adjustment.shaUhold a public hearing on all applications and appeals with the following special conditions requited: 1. For applications for vari.ances 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,o:r .delivered personally at least 3 days, prior to the hearin~.d8:~e,to owners of property within.300 feet of the property in question. 2. For applicationsfoI' vaI'iances not relating to the use requirements.o:t:th.:i,sCh~Pter,. a written notice of said hearing shall be sent by.first class mail at least 5 days, ordelive.redpersona11Y at least 3 days, prior to the hearing date to owners of property adjacent to the property in question. 3. For applications for var~ancesrelating to the use requirements of this Chapter,. a fee of $20.00 shall be charged to . cover the c.os.t of advertising and pro- cessing. For aU other applications a fee of $10.00 shall be charged to cover such costs. 4. Unless otherwise stated in the Board of Adjus.tment minutes, all variances permits shall be valid for a pertodof time<not to exceed Six mbnths from the time such variance is granted. 5. Whenever the Board of Adjustment shall .act on matters required by Section. 11.-1-8 - SgI'PLE!iENTARY REGUI.ATIONS _ Paragraph A, Uses. Permitted, subheading "Signs," sub- paragraph 7, and matters.. involving Section 11-1-10 _ BUILDING REVIEW'- the Board of Adj~stment may first refer such applications for a variance to the Planning Commission for their review and recommendations. -xs :Lo HO2; f>J3'".:[ '\(6 ~ :sn:snw I:: :csii.sd~J :10 Bnl"X9"J 9ri::~ CGO':r): '::eL~j'!} '..fO I:J'oI 10 ynqB:tgoqo:i 70 StS,..::8 tSqSd2 LetIoj::i"<i9~ "xo g.cr.kbX.r.tK:'( sd:; :to ,GO)::::.tbno:) :ro .uO]:jgSyj.::B IHno.rjq9:))';:9 q..b:18f).:t3ri '1{'XB829::,~;;n.aD ''::0 y::'i: If-;~).I.j~.S'Xq t r :3 53 v~j~..:r9qO"J:q b.Lsa 3:0 g":r'9ITW'O oj' :LfrJ891: biL:-Ov'} .. '~[sj qBrJ8 83:d:J :i ,) j L:9rIT9'::.;,:;:C, :'::.':::~~ : e:o.JDs:;:,O:f.<X (E) .~10 gl:.t '!.us.rJ Is..t:::eqz r ~:. l'"c',."q ~ ~)ro<j' r re.. ,,)... 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';" :)!'BnO~~>~'f"S(l: bo:~-r.t:\\f} r,~b .,~'o -::,';.'~b? -to:.J'~'''';- ~','''''' .~C,.."J:"7~. ~,JV (.M' ~..;_.. <:<_~ ;l. . _,~._ _~."""..'" .... (c.\.i:;J... .~ ~~~ ",_"'11_'. ....D 3:0 2"1Sg""0TO 0::( e,:J.tJJ Si1.I:.:CS~~:.f: oj' :r.oJ:rq ~ 2",\Eb t "'t"'" -:......29'.;e iI'\- .~'-;;'-:r$ao"~"1 ':;1';-;' f).l j,n0....,.~~~,bB \rj~~~~3!:;:O~:.O .~....."._\.~j .~]..,.:.:..1 ...". ;~"",M ;L .",~:,. ,_....._, ;~.:-~ ....,~.... \, - .., .,J. Bf10_t~t.s.:J'lIqqs Bj' !:t9a'i$":tlI.JP9': r -SO.:;,t ~~ 1>.2. s~,;::!:r sau 9rl:~ oj ~~fi.f.~).gI9"X 89:)H53J::nB,':f _s~).j~lqqB :fO'~:I I.L~da oo.OS:B :to 993: s (:tsjqsr:r:::> 2.1.:n:J :~o (:jiI9fn:9"!..2LJp~)':! -o:rq bas a.tj:t9\~.bs 3:0 ja0~ 9l1j 'X9VO:::: oj b9;g:rnrl:) 00.. ? :(0 99]: .s ano1jz::;lIqq.s 'xs:i'jo J.L~ 1:C/;r 2B9<~; . aj20~ .d~JJ8 '5:9~:.rO~ oj bsgJ:sr.b XJsda ,. -'f"1'Clfn""0 ,...;'f,",,-l.. ~~ !._...."'~..J <c.w t.U...'" f) :C03: b,Ll.sV sd::;- mc"_::3: 3:0 .01:,SOtl 9r~:! Dgj'e:! (3, 9B.tw:!ed:tQ 339Ir.i.':] .' IJBLj~~ Bj< SrljfiCm X_C2; b99~X9 2S';~!IE3:"!B\r lIB I.: 8$:; D:}: . . , J'on .9tf1.:::;' :10 C(,;.:c;:sq .. b9jf.(.s"j:~;, 23: 9:::r.;.fi..~:-:::.b"':1 d:)!J8 ~'~-:L;::;' 2":f9jjsm tIO j:)5 112,j,2; j.n:emj8HtbA 3:8- .b:rsoG: 9;-1:-;' "':f9V:;1:t.r9rl~';' \lot: 2'[;[0 IT i;".IU~~~51 ~(5LA.TY13.}1~iLT"1'Tq~,:; - P: - I - I I n:oJj:) 98 .1) s'X_:':r.;})s:r -d:ua 1: t p'.fIlbserld.:J8 thejjj:rr;:tsq asaG <:.i.tj, -I-Jl ,::IC.tvJO\i'n:l 2:r9j'j'J.':~m bns \:~: jg:rXi "{.f5ftS, j.a9ro~J3.utbA 3:0 .h::sof( sd:~ - :g.nJ:f1!IBI":l. 9.r.:} C:-\ :;):)fi'B..!:".,;,"g'"\/ .s "1o:r. 8D."~).::j'.s~lIqq.G:, r:L~dJ8 :\:"-;)3::90'1 . 8no_t:iEbr1'9mmo::;,e.:~ \~'9_t"(l3.'.;r :rJ.:9.d:t :to3-. tIoJ:zzj:rrJTIO::) ,r>,. ^ . , , "". ~-1-12 : AMEN1>>IElllTS : (A) General Procedure: Amendments to this Cl:1aptershall be. in accordance with the laws of the~tate of Colorado wl:1ich require. the fol- lowing action before adoption of any such aJpendment: 1. Study and recommendation of the PrOposed amendment by the City Planning Commission. 2. Completion of a public hearing before the City Coun- cil after at least 15 days' notice of the time and place of sucl:1hearingshall have. been given by at least. one PUblication in a newspaper of general circulation within the City. 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. (B) Special Procedure: Before submitting.a reportandre.commendation on any proposed amendment. to this Chapter, the City Planning Commission shall hold a public hearing on the proposed amendment with the following special conditions required: 1. A notice of said hearing shall be published once in a newspaper of general circulation within the City at least 15 days prior to the hearing date, which notice may be. concurrent with that required to be given by the City Council of its hearing. 2. For propoSedamendmentsto.the "Zoning District Map" a written notiCe of said heariIlg shall be sent by first class mail at leas.t l5days prior to the hearing date, to property owners within the area in question, and within 300 feet of the area in question. 3. For proposed amendinentStothe "Zoning District Map", a fee of $15.00 shall be charged to.cover the cost of advertising and processing. For all other proposed amendments, a fee of $5..00 shall be charged to cover such costs. ~ (,:i_r;13t,1GV;:~IHh .._J.- : '3'1Jjb~):)o":z({ , S'i~.:;'fLeb:to.:):J-S ... Ii'JJ: 9.6:; 9:fl.Ltp9:1: : j[.t!)(l.brr9:fL5 :=to i .LSrlZ. 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CRAPl'ER 1 ZONING SECTION SUBJECT 11-1-1: 11-1-2 : 11-1-3: 11-1-4: 11-1-5: 11-1-6: 11-1-7: 11-1-8: 11-1-9 : 11-1-10 11-1-11 11-1-12 11-1-13 11-1-14 11-1-15: Definitions Districts Application of Regulations R6, Residential District T, Tourist District B, Business District U, Unrestricted District SUpplementary Regulations Non-Conforming Uses Building Review Board of Adjustment; Variances Amendments Enforcement Interpretation; Conflict with Other Laws Violations and Remediee ~, 11-1-1: DEFINITIONS: For the purpose of ebb 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 num.. ber and the masculine includes the feminine. (a) Accessory~Build1ng: 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 with the ,main building or use. (b) Accessory Use: A use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises. (c) Alley: A public way permanently reserved as a secondary means of access to abutting property. (d) Boarding and Rooming House: A building or portion there- of which is principally used to accommodate for compensa- tion, five or more boarders or roomers, not including members of the occupant's itnmediate family who might be occupying such building. The ltCanpensation" shall in- cludecampensation in money, services or other things of value. (e) Building. Anype~anent 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: A 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 cabins, clubs, or hospitals. In addition, all dwellings shall be constructed as peDOOanent buildings - not temporary structures such as tents, rail- road cats, trailers, street cars, metal prefabricated sections, or similar units. (g) Dwelling, One-Family: A detached building designed ex- clusively for occupancy by one family. I""""\, i"""" 11-1-1 (h) Dwelling, Tw Family: A detacbed bui.ld:f.ng designed ex- clusively fo, occupancy by two families living indepen- dently of ea h otber. (1) Dwelling, Mu. tiple-Family: A building, or portion thereof, designed for or occupied by three or more fami~ie8 living independentl of each other. (j) Dwelling Unl for oceupan and havir~ n One or more rooms in a dwelling, designed by one family for living or sleeping purposes t more than one kitchen. (k) Family: An ndividual or two or more persons related by blood or mar iage; or a group of not to exceed five per- sons (exclud ng servants) living together as a single house-keepin unit in a dwelling unit. (1) Home Occupst on: Any use condUcted principally within a dwelling and carried on by the inhabitants, which use is clearly inci ental snd secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. (m) Lot: A parc and distinct Pitkin Coun recorded sub upon at leas ownership. 1 of real property as shown with a separate number or letter on a plat recorded in the Court House, or when not so platted, in a ivision a parcel of real property abutting one public street snd held under sepsrate (n) Lot Area 1e total horizontal area within the lot line; ::: L~:: Fr nt: The property line dividing a lot fran a street. On corner lot only one street line shall be considered a a front line snd the shorter street front- age shall be con.idered the front line. (p) Lot Line, Re r: '!be line opposite the front lot line. (0) (q) Lot Line, 5i e: Any lot lines other than front lot lines or rear lot ines. ,---, ~ tl-l-l (r) Motel or Hotel: A building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals and with such build- ing having six or more guest rooms. (a) 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. (t) Non-Conforming Use: The use of a structure or premises conflicting with the provisions of this ordinance. (u) Occupied: The word "occupied" includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied. (v) OUtdoor Advertising Signs: Any card, cloth, paper, metal, painted, wooden, glass, plaster, stone, or other sign of any kind placed for outdoor advertising purposes on the ground, or on any, tree, wall, bush, rock, post, fence, building, structure or thing whatsoever. (w) Person: The word "person" shall also include associa- tion, firm, co-partnership, or corporation. (x) Room: An unsubdiv,ided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways, and service porches. (y) Street: A public thoroughfare which affords the princi" pal means of access to abutting property. (z) Structure: Anything constructed or erected, which re- quires 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 in height, poles, lines, cables, or other transmission or distribution facilities of public utilities. Use: The purpose for which land or building is designated, arranged, or intended, or for which either 1s or may be occupied or maintained. (aa) (bb) width of Lot: The distance parallel to the front lot line measured between side lot lines through that part of the building or etructure where the lot is narrowest.. r"\ , Ii '~1 11-1-1, (cc) Yard: An open space other than a court, on a lot, un- Occupied nd unobstructed from the ground upward, except as otherw se provided in this Chapter. (dd) Yard, Fr the lot b or point (ee) Yard, Rea the lot b or point t: A yard extending across the full width of tween the front lot line and the nearest line f the building. A yard extending across the full width of tween the rear lot line and the nearest line f the building. (ff) Yard, Sid A yard extending from the front yard to the rear yard between the side lot line and the nearest line or point f the building or accessory building attached thereto. (gg) Service Y rd: A Ilservice yard" shall be Bny area ,utilized to provid apace for garden tools, hanging of laundry, garbage c us, trash collection, piling of refuse to be disposed f elsewhere, or areas utilized for similar pur- poses. 11-1-2, DISTRICTS: (a) Establis In order the City the foll ent of Districts: o carry out the provisions of this Chapter, f Aspen, Colorado, is hereby divided into ing zoning districts: (b? I 06, T, B, U, Zoning Maj' The bound ries of these districts are established as shown on map entitled "Zoning District Map" of the City of A pen, Colorado, dated the 18th day of June, 1956, whi h map 'is hereby made a part of this Code. I ReSidential District Tourist District Business District Unrestricted District ~ 11-1-3: APPLICATION OF REGULATIONS: (a) Existing Buildings: The regulations contained herein are not retroactive in their applic8tlonon existing buildings.* *Editor's Note: Tbe Ordinance from which thb section derives was adopted July 2, 1956. (b) General Application: Except as otherwise provided, no buildings, or other structure, or land shall be used, and no building or other structure shall be erected, reconstructed, moved into or within the City limits, or strucb.1rally altered except in confonnance wi th the regula tions herein specified for the district in which such building 1s 10ea tad. 11-1-4: R6, RESIDENTIAL DISTRICT: (a) Uses P~itted: 1. One-family dwellings; 2. Two- family dwellings j 3. Public schools, parks, playgrounds, and recreational areas; 4. Churches and church schools 5. Hospitals; 6. Public utility mains, transmission and distribution lines, substations and exchanges. 7. Farm and garden buildings and uses - provided that all such buildings and storage areas, are located at least 100 feet from dwellings on other lots; 8. Home occupationsj 9. Identification signs - one per lot, and only if such signs are unlighted, less than 3 square feet in area, and describe the lot upon which they are located; ,-., 11-1-4: .,......" 10. Fees, hedges and walls ~ provided such uses are le s than 3~ feet in hii:ight when constructed of ma erials tending to obstruct motorists' vision, an when located within 75 feet of the center lin~ in ersection of two streets or roads. 11. Ac essory buildings and uses. *(b) Minimum Lot Area: per dwe ling. . . *(0) Minimum Lot Width: . . . . . ~6000 square feet per dwe ling. . . . . . . . . . 60 feet (d) Minimum Front Yard: princip 1 buildings 10 feet BcceBeo buildings 15 feet (0) Minimum Side Yard: princip 1 buildings 5 feet accesao buildings 5 feet (f) Minimum Rear Yard: princip 1 buildings 15 feet acaeBSO buildings 5 feet (g) Minimum Floor Area: per dwe ling unit . . .. 600 square feet (h) Minimum Off-Street Parking: per dwe ling unit . . . . . . " one space . ~ r-, 11-1-4: (j) Maximum Height of Buildings: principal buildings . . . . 25 feet accessory buildings . . . . . . . 21 feet on the front two-thirds of a lot and 12 feet on the rear one-third of a lot. For schools, churches, and hospitals in R6 Residential District, the height requirements may be increased by not more than 50 per cent of the stated height limitations, provided all the other requirements for the R6 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. Where this 1: 1 rat:l.o is not possible, the maximum height require- ments as stated for R6 shall not be exceeded. *Refer to Section 11-1-8, Paragraph (b). (k) MinUnum distance Between Buildings: There shall be at least 10 feet of space between all prin- cipal buildings. whether detached buildings or connected buildings. 11-1-5: T. TOURIST DISTRICT: (a) Uses PeDmitted: 1. Any use pet:mitted in the R6 District; 2. Boarding Bnd rooming houses; 3. Hotels and motels. including incidental business; 4. Medical and dental clinics; 5. Membership clubs-subject to approval of the Board of Adjustment; 6. Multiple-family dwellings; 7. Nurseries and g~eerihou8es; 8. :Private schools; 'i. 11-1-5, .1""\ , 9. Profe sional offices; 10. Resor cabins and lodges; 11. Resta rants and tea rooms, excluding drive-in eating place *12. Ident fication signs - provided such signs are for ident fication of a business located on the premises and d not exceed 10 square -feet for Bny one sign, and p ovided the total area of signs displayed by any one e tablishment does not exceed one square foot of sign urface for each three feet of frontage actually occup ad by the building within which such business is loest d. * See Section 11-1 8 13. Minin and oil drilling - subject to approval of the Board of Adjustment. *(b) Minimum L tAres per dwell ng, motel, hotel, rooming h se, or resort lodge 6000 square feet *(c) Minimum L t Width: per dwell og, motel, hotel, rooming h se, or resort lodge ildings ildings 60 feet 10 feet 15 feet 5 feet 5 feet 10 feet 5 feet (d) Minimum F ont Yard: principal buildings. accessory buildings (e) Minimum S de Yard: principal buildings accessory buildings (f) Minimum R ar Yard: principa 1 accessory ,---... ~. 11-1-5: (g) Minimum Floor Area: per dwelling unit . . . . . . . . . .300 square feet (h) Ml.D1mum Off-Stroot Patkiug: per dwelling unit . . . . . . per unit for hotels or motels for all other permitted uses .one apace .one space . one space for each 400 square feet of total floor area with lIUch parking space lo- cated within 200 ft. of the permitted use. (j) Maximum Height of Buildl.Dgs: principal buildings. . . . . .25 feet accessory bu~ld1ngs . . . . . . . . .21 feet on the front two-thirds of a lot and 12 feet on the rear one-third of a lot. (For all uses in the T, Tourist Dis.. trict, the maximum height requirements may be increased by not more than 50 per cent of the stated he:l.ght limit- ations 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. Where this 1: 1 ratio is not possible, the maximum height requirements as stated for Tourist District ahall not be exceeded.) (k) Minimum Distance Between Buildings: There shall be at least ten feet of space between all principal buildings, whether detached buildings or con.. necting buildings. *Refer to Section 11-1..8, Paragraph B. Ll-1-6: .~ .,......" (a) Use8 Pe itted: B, BUSINESS DISTRICT: 1. 2. 3. Any lse peDnitted in the R6 and T Districts, subject to a 1 use requirements specified for such districts unle 8 otherwise stated herein. Any eneral business, commercial or wholesale acti ity>> including: aut obile repair shops, bake ies, bank , bui! erl:' supply yards and l.umber yards, laun ries, pers 1 service shops, res rants snd tea rooms, prin ing snd publishing establishments, stor ge warehouses, all etail sales outlets -- with the exception of uses specifically listed below; prov ded that for each of the above permitted uses outd or storage areBs8ndexcavated lands are cam- plet 1y concealed by a fence at least 7 feet in height. The haza Boar plac e10s plac adve gaBa allowing uses, which may create unusual traffic 8, provided all such usee are approved by the of Adjustment; s serving food or beverages outside of an en- d building, .3 of amusement or recreation, tising sign boards, ine stations. (f) Minimum ar Yard: principa buildings accesso buildings 10 feet 10 feet (h) Minimum ff-Street Parking: For all p ~itted uses to be located in a block not more than 50% overed with buildings at the time of passage of this 0 dinance*--~-- one space for each 400 square feet of t tal floor area. J:Editor's Note: Th ordinance from. which this section derives was adopted July 2, 1956. ~ r-. 11-1-6 : (j) Maximum Height of Buildings for all Uses: The height requirements for this district depend on the ratio of 1:2~. by which the total floor area of the struc- ture above ground does not exceed more than 2! times the total area of the lot on which the structure is located, provided all other requirements for this district are complied with. 11-1-7: U, UNRESTRICTED DISTRICT: (a) Uses Permitted: 1. All uses not otherwise prohibited by law, provided, however, that none of the following uses shall be established unless approved by the Board of AdjusCBent: outdoor advertising signs; smelting of ores; mstn1facture of explosives; junk yards; garbage, offal or dead animal dumping or redUction opera tions; establishment of a quarry, gravel pit or mine within 100 feet of a public right of way; or any addition to any of the foregoing uses. (j) Maximum Height of Buildings . . . . . . . . . .25 feet. 11-1-8 : SUPPLEMENTARY REGULATIONS: Regulations specified in other sections of this Chapter shall be subj ect to the following interpreta tions and exceptions: (a) Uses permitted: All service yards shall be screened from the ground to 6 feet from grade. All fUel 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 ar- ranged as to reflect the light awsy from nearby residential properties and away from the vision of passing motorists. Signs ... in addition to other requirements of this Chapter J all signs for identification or outdoor advertising purposes shall comply with the following conditions; ~ /-\ 11-1-8, 1. No s vehi of gn shall he located so that safety of a moving Ie will be impaired by distracting the vision e driver of the vehicle. 2. No s gn shall project into a public right-af-way exce t as permitted in Paragraph No.. 3.. 3. Iden ification signs shall identify a business or prin ipsl authorized use on the premises wher.e the sign is located. Free Standin 51 shall be limited to one sign per princi- pal use, not xcee tng 10 square feet. Such signs shall not exceed 12 fee in height as measured from grade. Pro.actin 51 s shall he permitted in the B,Business Dis- trict only. uch signs shall be a minimum of 8 feet from the ground and sh 11 not extend more than 4 feet from the wall or roof line of he building into the sidewalk right-af-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 ne square foot of sign per pt of building ,;:ontage. t \ _ II .d: :!\ IYX ~w. ""'".. Wall Silms sh 11 be limited to those signs not extending more than 12 inche in.J1eight per letter and not exceeding 30 linear' feet per sign ~ those signs painted.directly on a bearing wall, provide that such signs include letters only and do not exceed 10 squ re feet on anyone wall. ) 4. The olor of the signs shall not cause confusion with traf ic signs or signals. 5. Sign shall be kept in good repair and be properly main ained. 6. No f ashing-light signs shall be pennitted, and gas- fill d light tubes shall be used in signs only for indi ect lighting in such nu:nner that tbe light tubes are t exposed to view. ,~ /--". 11-1-8: 7. No exterior signs ehall be permitted except as ex" pn..ly authorized under this zoning chapter and sign permits shall be obtained from the Building Inspector lnaccordance with the provisions as stated in Section 11-1-13 .. ENFORCEMENT .. Pat:agraph (b). Sim Pemits. In csses where the Ordinance does not apply, in bard- ship cases and others which the Building Inspector questions, approval shall be obtained from the Board of Adjustment. In such CBses the Board of Adjustment before taking Bction may refer the applies tion to the Planning Commission for their review snd recommendations. (b) Minimum Lot Area and Minimum Lot Width: Small lots ... where an individual lot was held in separate ownership from adjoining properties or was platted and re- corded at the time of the passage of this ordinancet and has less area and/or less width than required in other sec- tions of this ordinance, such a lot may be occupied ac.. cording to the pennitted uses provided for the district in which such lot is located, except in the case of motels, hotels, lodges and resorts which shall not he subject to the preceding exception. Reduction ... no part of an area or width required for a lot for the purpose of complying with the provisions of this chapter shall be included as an area or width re- quired for another building. * Editor's Note: The ordinance from which this section derives was adopted July 2, 1956. (d) Minimum Front Yard: Developed areas ... where lots comprising 50 per cent or more of the frontage on one side of a street between inter- secting streets have been improved with buildings at the time of passage of this ordinance, * the average front yard of such buildings shall be the minimum front yard required for all new constroction in such block. * Editor's Note: The ordinance from which this section derives was adopted July 2, 1956. ~. 11-1-8 !~ (e) Minimum Yar No part of yard required for any building for the pur- pose of com lying with the provisions of this ordinance ahall be 1n luded as a yard for another building, and all yards shall be open Bnd unobstructed except aa otherwisE! provided he ein: 1. Axchite tursl features ... cornices, canopies, baL- conies, eaves or similar architecturaL features may extend nta a required yard not more than 2 feet. 2. Fire es apes ... fire escapes~y extend into a re- quired ard not more than 4 feet. 3. Patios nd fences ... are peDOOitt~d provided the patios re unenclosed, and the fences do not exceed 6 feet n height. For fences at corners, see Sec- tion 3, Paragraph A, sub-paragraph 10. (g) Minimum Ftc r Area: Inmeasurin the minimum floor area 8S required, all measurement shall he along outside walls of the living area, not i cluding garage or carport area. (h) Minimum Off Street Parking: Each space hall be not less than 10 feet wide. 20 feet long and 7 eet high, shall have vehicular access to a street or a ley, and ,shall be located on the same lot as the princip 1 use which it serves in the R6 District and within 200 eet of the principal use in the T and B Dis- tricts. (j) Maximum Hei ht of Buildings: The maximum height of buildings shall be measured from the finished gr de; being the established grade, if any, other- wise being he average ground level of the lowest and the highest lev 1 of the structure including elevator shafts, water tanks and air conditioning machinery, but not in- cluding ch eys and vents. ~ .~ 11-1-9: NON-CONFORMING USES: Except as provided in this section, the lawful use of sny building or land existing at the time of en- actment of this Section, * or of any amendments to this Chapter, may be ,continued even though such use does not conform to the require- ments of this Chapter. (a) Repairs and Maintenance: Ordinary repairs snd maintenance of a 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 cs lamity. (c) Abandonment: Whenever a non-conforming use has been discontinued for B period of one year, such use shall not thereafter be re- established, and any future use sball be in conformance with the provisions of this Chapter. (d) Change in Use: A non-confoming 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-confot:ming use shall not be extended. (f) Cessation: All business and industrial uses located at the time of enacbDent 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) if such uses are detrimental and injurious to the adj oining lands because such uses create unusual and obnoxious odors, smoke, sounds, dust, vibration or traffic problems. *Editorts Note: The Ordinance from which this Section derives was adopted July 2, 1956. ~ 1""'\ 11-1-10 : BUILDING REVIEW: (a) Purpose: With the rpose of conserving the value of buildings Bnd enc aging the most appropriate use of land through.. out the ty of Aspen, the Board of Adjustment shall te.. view all ilding and s:Lgn permits where the character of the prop ed construction might he 80 at variance with the estab ished exterior architectural appeal and func.. tional pi n of the structures already located in the neighborh ad as to depreciate the value of such estab... lished bu Idings. The Board of Adjustment shall restrict its rev! in each case to the effect of the proposed ~ construct on on the health, safety, morals, and general welfare 0 the City of Aspen, keeping particularly in mind the nique characteristics of existing structures which hay established special land values snd prosper.. ity for e entire community. (b) lYing site plans~ floor plans~ and exterior of the proposed 8tructure~ viewing the site ch construction is proposed to be placed~ and notifying the applicant of the time and place of a hearing on such bject~ the Board of AdjustInent shall either ap" prove~ di approve~ or approve subject to certain conditions~ any appli ation which may require such building review. For each ase the Board of Adjustment before taking action may refer the application to the Planning Commies ion for their rev ew and recommendations~ and the Board of Adjust.. ment may when considered desirable) obtain testimony from architect or other qualified technical personnel on the effect of the proposed construction on established land values. ,~ ~ 11-1-11: BOARD OF ADJUSTMENT. VARIANCES: (a) 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 subject to appro- priate conditions and safeguards, in harmony with the!! purpose and intent of this Chapter and in accordance with the public interest and the most appropriate de- velopment of the area. 1. To hear and decide appeals from, Bnd review any order, requirements, decision or deteUllination made by an ad.. ministrative official or body charged with enforce- ment of the regulationa establiehed by this Chapter. 2. To hear and decide requests for special exceptions 88 referred to such Board in other sections of this Chapter. 3. To authorize upon appeal in specific cases variances from the tenns of this Chapter, where, by reason of exceptional shape, size or topography of lot, or other exceptional situation or condition of the building or land, practical difficulty or unnecessary hardship would result to owners of said property from a strict enforcement of this Chapter. (b) Procedure: The Board of Adjustment shall hold a public hearing on all applications and appeals with the follawing special conditions required: 1. For applications for variances relating to the use re- quirements 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 within 300 feet of the property in question. ~. , 11-1-11: .~ 2. For a plications for variances not relating to the use r u!rements of this Chapter, a written notice of said earing shall be sent by first class ~il at least 5 day , or delivered personally at least 3 days, prior to th hearing date to owners of property adj Bcent to the p operty in question. 3. For a plications for variances relating to the use requi ements of this Chapter, a fee of $20.00 shall be charg d to cover the cost of advertising Bnd processing. For a 1 other applications a fee of $10.00 shall be charg d to cover such costs. 4. Unles' otherwise stated 1n the Board c'f Adjustment minut s, all variances permits shall be valid for a peria of time not to exceed six months from the time such ariance is granted. 5. Whene er the Board of Adjustment shall act on matters requi ed by Section 11-1-8 - SUPPLEMENTARY REGULATIONS- Parag aph A, Uses Permitted, subheading "Signs,lI sub- parag aph 7, and matters involving Section 11-1-10 _ BUILD NG REVIEW - the Board of Adjustment may first refer such applications for a variance to the Planning Commi sion for their review Bnd recommendations. (a) General 11-1-12: AMENDMENTS: ocedure: Amendment to this Chapter shall be in accordance with the laws of the State of Colorado which require the fOllOWing action be re adoption of any such amendment: 1. Study nd recOllD:ll.endation of the proposed amendment by the City Planning Commission. 2. Comple ion of a public hearing before the City Council after t least 15 days' notice of the ttme and place of such h aring shall have been given by at least one pub- licati n in a newspaper of general circulation within the Ci 3. For pr oaed amendments to the "Zoning District Map" a 'fee of $30.00 shall be charged to cover the cost of ad- vertis ng and processing. For all other proposed amend- ments, a fee of $10.00 shall be charged to cover costs. , . ,"'. /""" 11-1-12: (b) Special Procedure: Before submitting a report and recommendation on any proposed amendment to this Chapter the City Planning Commission shall hold a public hearing on the proposed amendment with the following special conditions required: 1. A notice of said hearing shall be published once in a newspaper of general circulation within the City at least 15 days prior to the hearing date"whicb notice may be concurrent with that required to be given by the City Council of its bearing. 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 300 feet of the area in question. 3. For proposed amendments to the "Zoning District Map", a fee of $15.00 shall be charged to cover the cost of advertising and processing. For all other proposed amendments, a fee of $5.00 shall be charged to cover such costs. 11-1-13: 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 fran the City Building Inspector, and such Building Inspector, shall not issue any permit unless the plans of and for the proposed erection, construction, reconstruction, alteration, or use fully conform to the zoning regulations then in effect, and unless plans to be kept as pet:manent public record are submitted to the Building Inspector. ^ ~, , 11-1-13, (b) Sign Perm ts: ~ It shall e unlawful to erect, construct, reconstruct. alter, pa nt or repaint or change the use of Bny structure, wall, mar uee, or any piece of work composed of parts j ained to ether in some definite manner which are to be used as a sign or picture to convey or direct a message to the gener 1 public without first obtaining a sign permit; providing however, that a sign permit shall not be re- quired to repaint exactly as it was previously Bny of the aforesaid, which at the time of the proposed repainting confenD. i all respects with the provisions of this or.. dinance. For all s foot of s of adniini gn permi ts rfsee area tra tien. required, a fee of 50 cents a square shall be charged to cover the cost 11-1-14: INTERPRETATION, CONFLICT WITH OTHER LAWS: In their interpretation and appli- cation, the provis ons of this Chapter shall be held to be minimum requirements adopt d for the promotion of the public health, safety and welfare. When er the requirements of this Chapter are at variance with the quirements of any other lawfully adopted roles~ regulations, ordina ces, or other provisions of this Code, the more restrictive, or that imposing the higher standard shall govern. 11-1-15, VIOLATIONS AND REMEDIES, (a) The erect on, construction, enlargement, conversion, moving 0 maintenance of any building or structure and the use 0 any land or building which is continued, op- erated or maintained, contrary to any provisions of this Chapter i hereby declared to be a violation of this Code and lawfUl. The City Attorney shall immediately, upon any uch violation having been called to bis atten- tion, ins itute injunction, abatement, or any other ap'" propriate action to prevent~ enjoin~ abate or remove such violation SUch action may also be instituted by any property er who may be especially damaged by any violation of this Ordinance. (b) The remed provided for herein shall be cumulative and not exclu ive and shall be in addition to any other remedies rovided by law.. , , e""' e',,", > .~. III I- ID ::> 0:: o I- -------,,."~i7r- o 1<)' Q ..J l- V < " l , - a: I- (f) w c!: Z ::> l m (f) ::> w z - 0 (f) :J I- eD ..1. S I "d no... g, . III 0 - ~ 0:: ?- m - d: :J 0 I- 10 a: ..J <! I- Z w U. Q <! - Ul w d: " ~--.! .. -..---- ~,."",~~,"..~ f""';.. ". ..-, TITLE XI ZONING PROTOTYPE REGULATION CITY OF ASPEN, COLORADO PREPARED BY GERALD E. BROWN City Planner URBAN PLANNING GRANT The preparation of this report was financed in part through an urban planning grant from the Housing and Home Finance Agency under provisions of Section 701 of the Rousing Act of 1954, as amendE!d. . 7;cJ,r<J . i i . -. i\ -, CHAPTER I ZONING SECTION SUBJECT 11-1-1 11-1-2 Intent & Purpose Definitions 11-1-3 11-1-4 Districts Application of Regulations 11-1-5 R-40, R-30, R-15, R-PC, R-6, RMF Residential Districts 11-1-6 11-1-7 AR-l, AR-2 Accommodations Recreation C-l, C-2 Commercial 11-1-8 Supplementary Regulations 11-1-9 Non-Conforming Uses 11-1-10 11-1-11 11-1-12 11-1-13 11-1-14 11-1-15 11-1-16 Building Review Board of Adjustment; Variance .e\mendmen ts Enforcement Interpretation; Conflict with other Laws Violations and Remedies Curb Cuts; All Districts . , i"""", .~ 11-1-1 INTENT & PURPOSE (a) In accordance with the General Plan of the City of Aspen, Colorado, and as auth- orized by Article 60, Celarado Revised Statutes 1953, as amended, this chapter is in- tended 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 overcrowcling of land; to avoid undue concentration of population; to facilitate adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; 3. 'to conserve the value of buildings and encourage the mOlt 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 nUlllber include the plural number; words in the plural number include the singular number, and the mesculine includes the felllinine. The word "shall" is mendatory, 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 with the main building or use. Accessory buildings shall not be provided with kitchen facilities sufficient to render them suitable for permanent residential occupancy. (b) Accessory Use: A use naturally and normally incidental to, subordinate to, and devoted exclusively to the main use of the premises. (c) Accommodation Unit: One or more rooms with or without kitchen facilities in a hotel, Illotel or lodge, designed for occupancy by guests independent of other guests, containing a IIlinimum of 300 square feet of floor area. (d) Alley: A public way permanently reserved as a secondary means of access to abutting property. (e) BuildinZ: 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 occu. pancy by one family living independently and containing at least 600 square feet of floor area measured along outside walls. (g) Dwelling: A building or portion thereof which is used as the private resi- dence or sleeping place of one or more human beings, but not including hotels, motels, tourist courts, resort cabins, clubs, or hospitals. In addition, all dwellings shall be constructed as permanent buildings - not temporary structures such as tents, rail- road cars, trailers, street ears, metal prefabricated sections, or similar unit.. (h) Dwelling, One-Family: A detached building containing only one dwelling unit. (i) Dwelling, Two-Family: A detached building containing only two dwelling units. (j) Dwelling, Multiple-Falllily: A dwelling containing three or more dwelling units with accessory use facilities limited to an office, laundry and recreation fa- cilities used by the occupants and offstreet parking. (1<) Family: Any individual ",r tw.O (2) or more persons related by blood or mer- riage or between whom there is a legally recognized relationship or a group of not more than five (5) unrelated persons, ezcluding 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 crop., poultry, or livestock. - 1 - . , I""" ,1'""'\ (m) Home Occupation: Any Dusiness cortducted principally within a dwelling unit, an enclosed garage or accessory buildin: and carried on by the inhabitants, which use is clearly incidental and secoadary to the US$ 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 material, which IIlllY or may not be partly or wholly assembled into useful objects, motor vehicles, or machinery. (0) Lot: A parcel of real property as shawn with a separate 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. (p) Lot Area: The total horizontal area within the 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 Width: 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 occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals and with such building having six or more guest roams. (u) Non-Conforming Buildings: A building or structure or portion thereof con- flicting 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 conflicting with the provisions of this ordinance. (w) Occupied: The word "occupied" includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied. (x) Open-use Recreation Site: Land devoted to public use for recreation includ- ing such facilities as playgrounds and playfields, golf, tennis and similar court installations, riding ring, tracks and stables and similar facilities. (y) Person: The word "person" shall also include association, firm, co-partner- ship, or corporation. (z) Public Arcade: A covered passage or area provided for the free passage of the general public with a minimum horizontal dimension often feet (10') more. (aa) Public Hay: 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 play. field activity centers or club houses and may inelude kitcheq facilities, assembly halls, meeting roams. locker facilities, etc. (cc) Sign: Any device fixed to, painted on, or incorporated in the build in: sur- face, 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 conveyor direct a message to the public concerning the identification of the premises or to advertise or promote the interests of any private or p~blic firm, person or organization. Sign Area: The area of the smallest plane geometric figure which encom- passes the facing of a sign, including copy, insignia, background and borders. Sign - Free-Standing: Any sign structurally separate from the building, being supported on itself or on a standard or legs. Sign - Projecting: Any sign supported by a bUilding wall and projecting therefrom. Sign - Wall: Any siln painted on, incorporated in, or affixed to the build- ing wall, or any sign consisting of cut-QUt letters or devices affixed to the build- ins wall with no bacltground defined on the building wall. - 2 - :J i .1'"'\ ~ (dd) Shop craft Industry: the display or sales of which liar to the area. Any establishment producing one-of-a-kind objects, contribute to and enhance the cultural ~limate pecu- (ee) Street: A public way, which has been dedicated, condemned, or abandoned to the public as such, other than an alley, which affords the principal maans of access to abutting property. (ff) Structure: Anything constructed or erected, which requires location on the gr~nd 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 building is designated, arranged, or in- tended, or for which either is or may be occupied or maintained. (hh) Yard: An open space oth~r than a court, on a lot, unoccupied and unobstruct- ed from the ground upward, except as otherwise provided in this Chapter. (ii) Yard - Front: A yard extending the full width of the lot, the depth of which is measured in the least horizontal distance between the front lot line and the nearest wall of the principal building; such distance being referred to as the front yard setback. (jj) Yard - Rear: A yard extending the full width of the lot, the depth of which is measured in the least horizontal distance between the rear lot line and the nearest wall of the principal building; such depth being referred to as the rear yard setback. (kk) Yard - Side: A yard extending from the front yard to the rear yard, the width of which is measured in the leaat horizontal distance. (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 principal building or use. 11-1-3 DISTRICTS (a) Establishment of Districts: In order to carry out the provisions of this Chapter, the City of Aspen, Colo- rado, is hereby divided into the following zoned districts: R-40 R-30 R-15 R-PC R-6 R-MF AR-I AR-2 C-l C-2 (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 which map is hereby made a part of this Code. 11-1-4 APPLICATION OF REGULATIONS (a) Existing Buildings: The regulations contained herein are not retroactive in their application on existing buildings.* *Editor's Note: The Ordinance from which this section derives was adopted 7/2/56. (b) General Application: Except as otherwise provided, no buildings, or other stl:Uctures, 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. - 3 - J' r'I ,-" 11-1-5: RESIDENTIAL (a> R~40 RESIDENTIAL Intention - to allow utilization of land for residential purposes with customary accessory ~es. Recre~tional and institutional 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; 3. Fence, hedge or wall - subject to requirements under Supplementary Regula- tions; 4. Identification si~n, directional sign, for-sale sign - subject to require- ments under Supplementary Regulations. Uses - Conditional S. Recreation club, open-use recreation site, riding academy - subject to the approvlill of the Board of Adjustment; 6. School, church, hospital, public building for administration. subject to approval of the Board of Adjustment. Minimum Lot Area 1. Unsubdivided land.................... 2. Subdivided laad...................."" 80,000 square feet 40,000 square feet MiniDlUlll Lot Width 1. Unsubdivided land................... 2. Subdivided' land........". ............... 200 feet 150 feet MinimumF'ront Yard 1. All'buildings except dwellings 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 25 feet in all other locations 25 feet 30 feet ..... . .'.... 2. 3. Dwellings........................... Buildings accessory to dwellings.... Minimum Side Yard 1. All buildings except dwellings and accessory buildings ..... 20 feet 2. Dwellings and accessory buildings,.. 10 feet Minimum Rear Yard 1. All buildings except dwellings and aceeasory buildinss ..... 30 feet 2. Dwellings........................... 15 feet 3. Buildings accessory to dwellings.... 5 feet Maximum Hei~ht of Buildings............. 25 feet Maximum Off-street Parking.............. as required under Supplementary Regula- tions. (b) R-30 RESIDENTIAL Intenti~ - as provided under the 1l-40 ReSidential district regulation. Uses - Permitted - as provided under the R-40 Residential district regulation. Uses - Conditional - as provided under the R-40 district regulation. Minimum Lot Area 1. Unaubdivided l.nd.................. 2. Subdivided land.................... 40,000 square feet 30,000 square feet Minimum Lot ~!1dth 1. Unsubdivided land.................. 2. Subdivided land................~... 150 feet 100 feet - 4 - dwellings and accessory buildincs ..... 200 feet from the right-of-way lines of State Highways 100 feet from the right-of~~ay lines of designated Arterial Roadways 25 feet in all other locations 25 feet 30 feet ~ , MinitllUm Front Yard 1. All bUildings-except ....... .. .'... 2. 3. ~el1ings................. .'...... ......... .'.._...... Buildings accessory to dwelling.... -, Minimum Side Yard 1. All buildings except dwellings and accessory buildings ..... 20 feet 2. Dwellings and accessory buildings ........ .. 10 feet Min:i_mum Rear Yard 1. All buildings except dwellings and accessory buildings ..... 30 feet 2. Dwel11ngs..........~............... 15 feet 3. Buildings accessory to dwellings... 5 feet Maximum Hei!!:ht of Buildinlts ........... 25 feet Minimum Off-street Parldtllt............. as required under Supplementary Regu- lations. (c) R-15 RESIDENTIAL Intention - as provided under R-40 Residential district regulation. Uses - Permitted - as provided under R-40 Residential district regulation. Uses - Conditional - as provided under R-40 Residential district regulation. Minimum Front Yard 1. All buildings except dwellings 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 25 feet in all other locations 25 feet 30 feet MinitllUm Lot Area 1. Unsubdivided land................~. 2. Subdivided land.................... Minimum Lot Width 1. Unsubd1vided land.................. 2. Subdivided land........~........... ..... 2. 3. .. ...... Dwellings.......................... Accessory buildings................ 40,000 square feet 15,000 square feet 150 feet 75 feet Minimum Side Yard 1. All buildings except dwellings and accessory buildings ~.... 10 feet 2. Dwellings and accessory buildings.. 5 feet Minimum Rear Yard 1. All buildings except dwellings and accessory buildings ..... 20 feet 2. Dwellings................. .... .... ...... 10 feet 3. Buildings accessory to dwellings... 5 feel; Maximum Hei!!:ht of Buildin!!:s............ Minimum O~f-street .Parkinst.-......~,...... 25 feet as l:equi,red under Supplementary Regu- , lations (d) R-PC RESIDENTIAL PLANNED COMMUNITY COMBINING AREA D!STRICTS Intention - to allow a planned community approach to residential development by combining the area requirements listed herein with the uses permitted in the R-40, R-30, and R-1S Residential Districts, thus encouraging residential developments which are in harmony with and pl:eserving of the natural landscape features of the area. A - 5 - -\ ~ j cluster plan option is included to encourage retention of open space fer 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 ad- ditional single family detaehed dwellings beyond the number of building sites possible on a given net developable acreage at a specifieel density. Maximum Residential Density 1. R~PC-40 ........................... 2. R-PC-30 ........................... 3. R-PC-15 ~.......................... 1.10 dwelling units per net acre 1.45 dwelling units per net acre 2.90 dwelling units per net acre Minimum Lot Area - Re~ular.Plan and Cluster Plan 1. R-PC.40 ..............~............ 20~OOO square feet 2. R",pc-30 ............................ 15,000 square f.eet 3. R-PC-1S ........................... 7,500 square feet AveraJ;le Lot Area - ReJ;lular Plan 1. R-PC-40 ............................ 2. R-PC-30 ........................... 3. R-PC-15 ........................... 40,000 square feet 30,000 square feet 15,000 square feet Average Lot Area - Cluster Plan 1. R-PC-40 ...........a............... 2. R~PC-30 ........................... 3. R-PC-15 ........................... 26,666 square feet 20,000 square feet 10,000 square feet Maximum Lot Area for Density Calculations - Regular Plan and Cluster Plan 1. R-PC-40 ........................... 80,000 square feet 2. R-PC-30 ...................'........ 60,000 square feet 3. R-PC-lS....... ... ....... .'.... ... .... 30,000 square feet Cluster Plan - where the Cluster Plan option is exercised, the average of all lots may be reelueed by a maximum of one-third as noted above, thus permitting the net residential land area to include on~y two-thirds of the net developable land in the development. The remaining one-third of the net developable land shall be pool- ed in a common open space which shall be legally defined as an undivided interest possessed by aU of the lots in the development; the use and management of such open-space land to be defineel by a set of protective ~ovenents fileel with the sub- division plat. ToPogra~hic Relationship - within the permitted ra~e of lot area in any Planned ~ammunity development, the area of each lot sball 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 - ~l1nimum lot area for the disttict. 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 - subject to approval of the Planning COIlIIDission. Minimum Front Yard - 8ubjeet to approval of the Planning COIlIIDission. Minimum Side Yard - subject to approval of the Planning CODWisslon. Minimum Rear Yard - 8ubject to approval of the Planning COIlIIDission (e) R-6 RESIDENTIAL Intention - to allow utilization of land for residential purposes with customary aecessory uses. Recreational and institutional 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 - provideel that all such buildings and storage areas are located at lea8t 100 feet from pre-existing dwellings on otber lots; 3. Fence, heelge or wall - subject to requirements under Supplementary Regula- tion8; 4. Identification sign, directional sign, for-sale sign - subject to require- ments under Supplementary Regulations. - 6 - """ ,-., ; Uses - Conditional 5. Open-use recre~tion site - subject to approval of the Board of Adjustment; 6. School, church, ho~pital, public building for administration - subject to approva.1 of the Board of Adj'lstment. Minimum Lot Are!!. 1. One-family dWelling 2. Two-family dwelling ................ ...,............ 3. All other uses..................... Ydnimum Lot Width...~.................. Minimum Front Yard 1. Principal bui1dings.......(City)... 2. Accessory bui1dings.......(City)... Minimum Side yard...................... Minimum Rear Yard 1'. Principal building. ............. .... 2. Accessory buildings................ Maximum Height of Bui1din~s 1. Principal buildings................ 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 5 feet 15 feet 5 feet 25 feet 21 feet on the front two-tbirds of the lot and 12 feet on the rear one-third of tbe lot Minimum Off-street ParkinR............. as required under Supplementary Regula- tions. (f) R-MF - RESIDENTIAL - MULTIPLE FAl'1D..Y Intention - to allow utilization of land for intensive reSidential purposes with customary accessory uses foll~,ing conventional practice of siting apartment dl,ellings 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 accept- able urban design. Recreational and institutional uses customarily 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; 3. 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 setbacks for the district on the periphery of the project; 4. Mobile home park - subject to requirements under 11-1-17 Uses - Conditional 5. Any conditional use of the R-6 Residential district - subject to all use requirements of that district regulation. Minimum Lot Area 1. One-family dwelling................ 2. Two-family dwelling.................. 3. Patio house........................ 4. Row house.......................... 5. Multiple family dwelling........... 6. All other uses..................... Minimum Lot Width 1. All uses except patio and row house .... . 2. Patio house......~................. 3. Row house.......................... Minimum Front Yard 1. principal building except patio house .'... . 2. Patio house on periphery of project . .,..... 3. Accessory buildi'ftle............ .'...... - 7 - 6,000 square feet 3,000 square feet pel" dwelling unit with a minimum lot area of 6,000 square feet. 2,000 square feet 1,500 square feet 1,500 square feet per dwe11ini unit with a minimum lot area of 6,000 squal"e feet. 6,000 square feet. 60 feet 30 feet 25 feet 10 feet 10 feet 15 feet 1"""\. Hinimum Side Yard 1.. All buildings except patio and raw house .... . 2. Pario and raw house on periphery of ...... Minimum Rear Yard 1. principal building except patio house . '.. .,' 2. Patio house On periphery of project .... . 3. Accessory building................. Maximum Hei~ht of Buildinas 1. Principal buildias except patio house . '. ..... 2. Patio house.............~.......... 3. Accessory buildings................ .'1 5 feet project 5 feet 10 feet 10 feet 5 feet 25 feet 12 feet 21 feet'Cn 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 RECREATION. (a) AR-l ACCOltiODATIONS RECREATION - URBAN Intention - to allow utilization of land for accommodations and recreation pur- poses with accessory commercial uses a.s well as for residential purposes with cus- tomary accesso.ry uses. Recreational and institutional uses. commonly found in proximity with residential uses are allowed. Uses - Permitted 1. One-family dwelling, two-family dwelling, multiple family dwelling, accessory building and use, home occupation; 2. Boarding house, rooming house, dormitory; 3. Hotel, motel, lodge, including incidental business within the principal use as required to serve the principal use.; 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 25,000 square feet in area is developed to accommodate required off-street parking, internal pedestraian eircu- lation and minimum setbacks for the district on the periphery of the project; 7. Restaurant,tea roOlll - provided all facilities for preparation 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 service, 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 Regula- tionS; 10. Residential and InStitu1:ional identifieation sign, directional sign, for- sale sign -subject to requirements under Supplementary Regtihtions; 11. Business advertiSing, identification sign - sl1bjeet to area limitations listed herein and Supplementary Regulations. Uses - Conditional 12. Shop-eraft type industry - subject to approval of the Board of Adjust1llent. Minimum Lot Area 1. One-family dwelling................ 2. Two-family dwelling..... .............. 3. Patio house, row house............. 4. Multiple family dwelling........... 6,000 square feet 3,000 square feet per dwelling unit with a minimum lot area of 6,000 square feet. 1,500 square feet 750 square feet per dwellittg unit with a minimum lot area of 6,000 square feet 5. Boarding house. rooming house, dormitory ..... 250 square feet per accommodations unit or per four persons of total capacity, whichever is more re- strictive, with a minimum site area of 6,000 square feet. - 8 - ,~ ~. 6. Hotel, motel, lodge................ 375 aquare feet per accommodation unit with a minimum lot area of 6,000 square feet. 7. All other uses..................... 3,000 square feet Minimum Lot Hidth 1. All. dwelling and accommodations units .0..... .. except patio and 60 feet 25 feet 30 feet row house 2. Patio and row house................ 3. All other uses........................ Minimum Front Yard 1. principal building except patio house .. ........ 10 feet 2. Patio house on periphery of project ...... 10 feet 3. Accessory building................, 15 feet Minitmnn Side Yard 1; All buildings except patio and row house ........ .. 5 feet project 5 feet 2. Patio and raw house on periphery of .. It...... Minimum Rear Yard 1. Principal bUilding except patio house ........ .. 10 feet 2. Patio house on periphery of project .... .'... 10 feet 5 feet 3. Accessory building................. Maximum Hei~ht of Buildings 1. Principal building except pati~ house ...... 25 feet 12 feet 21 feet on the front two-thirds of the lot and 12 feet on the rear one-third of the lot.... 2. Patio house........................ 3. Accessory building...~............. Minitmnn Off-street Parkin~ - as required under Supplementary Regul~tions. Maxitmnn Si~n Area 1. Business advertising, identification sign in conjunction with permitted uses, except reaidences, provided each aign identify a business occupying the premises. The aggregate sign area permitted along anyone street shall not ex- ceed one square foot of sign area for each three feet of lot line footage oc- cupied 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 ag- gregate sign area for anyone use on anyone frontage exceed twenty square feet. There mey be a combination of the following sign types including a free-standins sign and wall signs, including cut.out letter signs, subject to the following limitations: a. Wall sign - shall not exceed ten square feet on anyone building wall, exclusive of cut-out letters; b. Office building registry - a wall sign or free-standing sign identify- ing 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 ACCOMMODATIONS RECREATION - SUBURBAN Intention - as provided under the AR-1 Accommodationa Recreation district re&u- lation. uaes - Permitted - as prOVided under the AR-1 Accommodations Recreation district regulations. Uses - Conditional - as provided under the AR-l Accommodations Recreation district regulations. Minimum Lot Area 1. One-family dwelling................ 2. Two-family dwelling................ 15,000 square feet 7.~OO square feet per dwelling unit with a minimum lot area of 15,000 square feet. - 9 - r"; ~ 3. Patio house, rowhcuse............. 4. Multiple family dwelling........... 2,000 square feet 2,000 square feet per dwelling unit with a minimum lot area of 15,000 square feet. 5. Boarding house, rOOllling house, dormitory ..... 500 square feet per accommodations unit or per four persons of to- tal capacity, whichever is more restrictive, with a minimum lot area of 7,500 square feet. 6. Hotel, motel, lodge................ 750 square feet per accommodatiOfts unit with a lIli.nimum lot area of 7,500 square feet. 7. All other uses.,.................... 5tOOO square feet. Minimum Lot Vlidth 1. All dwelling and accOllllllodations units .'. e.,." except patio and 15 feet 25 feet 50 feet row house 2. Patio and row hous~............... 3. All other uses........................ Minimum Front Yard 1. All buildings except dwellings and accessory buildin:s ..... 200 feet frOlll the right-of-way liues of State Highways 100 feet from the right-ofoway lines of designated Arterial Roadways 25 fee.t in all other locations 25 feet ..... 2. 3. .... .. Dwellings except patio house....... Patio houses on periphery of project ... ..... 25 feet 30 feet 4. Accessory building........................ Minimum Side Yard 1. All buildings except patio and row house ..... 10 feet 2. Patio and row house on periphery of project ..... 10 feet Minimum Rear Yard 1. Principal building except patio house ..... 10 feet 2. Patio house on periphery of project ..... . 10 feet 5 feet 3. Accessory building................. Maximum HeiRht of BuildillR - as provided under the AR-l Accommodations Recrea- tion district .regulatiol'ls. Minimum Off-street ParkillR - as required under Supplementary Regulations. Maximum SiRn Area - as provided under AR-l Accommodations Recreation district regulations. 11-1-7 COMMERC IAL (a) C-l COMMERCIAL Intention - to allow the use of land for retail and service commercial purposes, accommodations and recreational as well as for residential purposes with customary accessory uses and institutional uses. Uses - Permitted ,1. Any permitted use of the A~-l Accommodation Recreation district except patio houses $ubject to all use, lot area a~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 st()re, 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 st()re, pawn shop, photography ship, sporting goods store, stationery store, vat:i.ty store. - 10 - ("""\ ,-" 3. Service cemmercilll esta.Usb1llents limited to the fellClWing and similar uses: business office. catering service. financial institution. personal service including barber and beauty shop, custom sewing, dry-cleaning pielt-up station. laundromat. tailoring and shoe repair shop, parking lot or garage, studio for instruction in the arts. radio or television broadeasting facility. 4. Rentalrepdr andwMlesaling facilities in conjunction with any of the above listed uses provided all such activity is clearly incidental and accessory to tbe permitted use and conducted within a building. 5. Storage of materials accessory to any of the above listed uses provid.ed all such storage is loc:ated within a structure. Uses - Conditional 6. Any conditional use .f the AR-l Accommodation Recreation district subject to all use, lot area and yard requirements of that district unless otherwise speci- fied below. 7. Recreation and entertainment establishments limited to the follClWing and similar uses: business, fraternal or social club or hall, billiard parlor, dance hall. ice or roller skating rink - subject to approval of the lloard of Adjustment. 8. Shop-craft industry - subject to approval of the Board of Adjuse-nt. Minimum Lot Area - as provid.ed under the AR-l Accom=odations Recreation district regulation. Minill\U1ll Lot Width - as provided under the AR-l Acc<lllllllodations Recreation district regulation. Minimum Front Yard 1. All dwelling units except 2. All other uses~.................... those accessory to a more intensive use . . .. . as provided under the AR -1 AccOlllllloda- tions Recreation district regulation. no requirement Minimum Side Yard 1. All dwelling ul:lits except 2. All other uses..................... those accessory to a more intensive use ..,.. as prOVided under the All-l Accommoda- tions Recreation district regulation. no requirement Minimum Rear Yard 1. All dwelling units except 2. All other uses..................... those accessory to a more intensive use . . . .. as provided und$r the AR -1 Accommoda- tions Recreation district regulation buildings constructed subsequent to the effective date of this ordinance may extend to the rear property line pro- vided that an open area with a mini_ horizontal dimension of 10 feet and a minimum vertical clearance of 10 feet and equal to 10 percent of the total lot area is preserved on the ground level and accessible to the adjacent street or alley. Maximum HeiRht of Building............. 31-1/2 feet Further provided that the total floor area of the structure above ground shall not exceed 2-1/2 times the total lot arell of the lot on which the structure is located; further provided that for each square foot of public way space or pub- lic arcade space created at ground level on the lot, credit shall be given for an lldditional two square feet of floor area in the structure over the allowable 2-1/2:1 ratio. The 37-1/2 foot Mllximum height limitation shall still be observ- ed in this latter instance. Minimum Off-street Parking - as provided under Supplementary Regulations. Maximum S1/lm Area 1. Business advertising. idelltifi<:ation sign in conjunction with permitted uaes, except residences, provided such ~igns identify a business occupying the pre- mises. The aggregate sign area permitted along anyone street shall not exceed one square foot of sign area for ellch three feet of lot line frontage occupied by or projected from the building within which the principalulIe is conducted. Uses fronting on an alley shall compute their sign area allowance by considering the alley as the lot line frontag!!. In no ease shall the llggregate sign area for anyone use on any one frontage exceed 20 square feet. There may be a com- bination of two of the following three types of signs; a free-standing sign. ~ 11 - ~ ,-" projecting sign llnd willI sign. including cut-out letter sign - subject to the following limitations: a. Free~standing sign - one per use not to exceed 10 sqUllre feet in arell. b. Projecting sign - shall not extend more than 4 feet from the bUilding wall except where such a sign is an integral pllrt of an llpproved canopy or llwning, and no projecting sign shall exceed 6 sqUllre feet in area where two faces are visible or 10 square feet in area where only one fllce is visible. c. Hall sign - shllll not exceed 10 square feet on llny one building wall, exclusive of cut-out letters. d. Office Building Registry - a wall sign or free-stllnding sign identify- ing included business offices not to exceed one square foot in area, per office. Such sign shall be excluded from regular sign llrea limitlltions. e. Historic Sign - II WillI sign identifying II structure of historic interest, not to exceed 10 square feet in area. Such sign shall be excluded from regular sign arell limitations and shall be locllted only on historic build- ings. (b) C-2 COMMERCIAL Intention - to allow the use of land for retail and service commercial purposes, limited industrial purposes, accommodations llnd recrelltional as well as for residen- tial purposes with customllry accessory llnd institutional uses. Uses - Permitted 1. Any permitted use of the AR-l Accommodlltions Recreation district except patio houses and the C-l Commercial district subject to llll use, lot area and yard requirements of those districts regulations unless otherwise specified below; 2. Any general retail or service commercilll use including the foll~~ing and similar uses; vehicle and equipment rental, sllles, storage and repair; 3. Limited industrial uses including the following llnd similar uses; builders supply and lumber yard, contractor's yard, dry-clellning plant and laundry, fabrica- tion and repair of building materials llnd components, manufacture llnd repair of sporting goods. printing llnd publishing plants. transportlltion depot, warehousil~ and storage, shop-craft industry. 4. Recreation and entertainment estllblishments. Uses - Conditional S. Any conditionlll use of the AR-l Accommodations Recreation district and the C-l Commercial district, subject to all use, lot area and yard requirements of that district unless specified below; 6. The following uses may create unusulll traffic hllzllrds: drive-in restaurllnt, gllSoline service station, llutomobile washing facilities. Subject to approval of the Board of Adjustment. Minimum Lot Arell - llS provided under the AR-l Accommodations Recreation district regulation. Minimum Lot Width - as provided under the AR-l Accommodations Recrelltion dis- trict regulation. Minimum Front Yard 1. All dwelling units except 2. All other uses..................... those accessory to a more intensive use ..... as provided under the All-l Accom=oda- tions Recrelltion district regulation. no requirement. Minimum Side Yard 1. All dwelling units except 2. All other uses..~.................. those accessory to a more intensive use ... .. as provided under the AR -1 Accommodll- tions Recreation district regulation. no requirement. Minimum Rellr Yard 1. All dwelling units except 2. All other uses..................... those llccessory to II more intensive use . . . . . as provided under the AR -1 Accommoda- tions Recreation district regulation llS provided under the C-l Commercilll Di.trict regulations Maximum HeiRht of BuildiQR - as provided under the C-l Commercilll District regulation. Minimum Off-street ParkinR - as required under Supplementary Regulations. Maximum SiRn Arell - as provided under the C-l Commercial district Regulations. . 12 - r-, ~ 11-1-8 SUPPLBMENTARY REGutATIONS &egulations specified in other sections of this Chapter shllll be subject to the following interpretations and exceptions: (a) Uses Permitted: 1. All service yards shall be screened from the ground. to 6 feet from grade. 2. All fuel storage tanks shall be completely buried benellth the surface of 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 as to pre- vent the construction or installation, in any zone district, of a public utility use or structure necessary for the trllnsmission of com- modities or services of a utility compllny including mains, transmission and distribution lines, substations and exchanges, provided that stor- age, maintenance and business facilities shllll be restricted to their appropriate zone district. 5. Fences, hedges and walls - shllll be permitted in any zone district pro- vided such uses are less thlln ~ feet in height when constructed of materials tendillg 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 shllll be allowed except as permitted by City ordinance. Signs shall require a sign permit and be subject to setback require- ments of the zone district in which they are locllted unless specifical- ly excepted elsewhere in these regulations. (2) Signs shall identify or lldvertise only interests conducted on the lot, unless the Board of Adjustment, upon request, mllkes a determina- tion that an off-site sign, conforming to the district regulations ill which the sign is loc:ated, 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 mllintained 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 pub- lic view. (9) Illumination of signs shall be arranged in such a manner as to be reflected away from residential properties and motorists' vision. (10) Nothing in these regulations shall be construed to prevent the erection of pennants and banners advertising a special civic event. Such pennants and banners may be erected two weeks prior to the cpening of the event advertised and shall be removed promptly upon its termina- tion. (11) Non-conforming signs which We1i~ in exi.tence on or before July 2, 1956, shall be discontinued withintlt\e year from the date of this or- dinance. Non-conforming signs whic& came into existence after July 2, 1956,shall be discontinued within five years from the date of this ordinance. b. Structural Chllracteristics (1) Free-stau4ing 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 .grllde when located adjacent to a pedestrian way and lllrger than 2 square feet in area. - 13 - \ i ~ ~ (2) Projecting signs - shllll not be higher than the eave line or pllra- pet wllll of the principlll building and shllll be a minimum of 8 feet llbove grllde 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 lln integrlll part of an approved canopy or awning. (3) WillI signs shall not be higher than the eave line or parapet wall of ~he principlll building and no sign part, including cut-out letters, shllll project more than 6 inches from the building wall. c. Sign Measurement (1) The llrell llllowance for signs in district regulations shllll include llll signs allowed therein including window decals llnd signs identifying distinctive features llnd regional or nationlll indiclltions of approval of faCilities. (2) Cut-out letter signs shall be considered as wall signs and their llggregate arell shllll be credited toward allowable sign area at one-half their measured area. (3) Sign area shall be the area of the $mallest plane geometric figure which encompasses the facing of a sign including copy, insignia, back- ground llnd borders. d. Signs Permitted in Any District (1) Residentilll Id.entificlltion sign - a free-standtng or walt sign MllY be erected on the same lot with any dwelling identifying the occupant thereof or any home occuplltion pursued therein, not to exceed two sqUllre feet per dwelling unit. Such II sign MllY be illuminated as pre- scribed above only when it is identifying a home occupation of an emer- gency service nature, II multiple family dwelling complex, or a mobile home park. (2) Institutional Identification Sign - free-standing llnd wall signs MllY be erected on the Sllme lot with any school, church or public build- ing for administration provided the aggregate sign area along one street shall not exceed one sqUllre foot of sign area for each three feet of frontage occupied by the building within which the principlll use is con- ducted. In no case shall the aggregate sign arell for one use exceed thirty sqUllre feet on any single frontage. In the Cllse of institution- al uses located in a residential zone district, illUlllinlltion of signs shall be subject to llpproval of the Board of Adjustment. (3) Recreation Club, Riding Acade~, Open-Use Recrelltion Site Identi- ficlltion Sign - free-stllnding or WillI signs may be erected on the same lot with any of the above listed uses provided the aggregate sign area does not exceed 20 sqUllre feet on any single frontage. In the Cllse of such uses located in a residentilll district, illumination of signs shall be subjec~ to the approval of the BOllrd of Adjustment. (4) Directional Sign - City - a free-stllnding sign, non-illUlllinated and conforming to a standudized design, 6 inches by 30 inches in dim- ension, directing persons to tourist and cultural facilities may be erected in any district on the public right-of4Jay upon llpproval of the BUilding Inspector and issuance of a sign permit. (5) For Sale or Rental Sign - II free-standing or wall sign, non-illum- inllted, not to exceed six square feet in area when advertising sale of the premises and not to exceed three square feet when lldvertising rental of the premises, MllY be erected in any district. (b) Lot Area Provisions 1. Dwelling in Multiple Use Structures - dwelling units constructed as an integrlll part of larger stTuctures devoted primarily to non-residential uses shall be considered llS multiple family dwellings for purposes of den- sity calculations, regllrdless of the number of Units included in the struc- ture. 2. Planned Unit Development - in llny R-40, R-30, or R-lS Residentilll dis- trict or AccommodationS/Recreation district, residentilll property may be developed either along conventional subdivision platting lines with stllnd- ud minimum lot sizes for the district, or it may be developed following - 14 - - .,-" the planned unit concept with II variation in lot size between established minimum and maximum sizes llnd including an llllowable proportion of ~ltiple family dwellings, patio houses or row houses, provided II subdivision plat is approved prior to issuance of II bUilding permi~. Allowable lot sizes and lln average lot areas for single-family dwellings areas follows: District Avera~ Lot Area Minimum Lot Maximum Lot &-40 40,000 sq. ft. 20,000 sq. ft. 80,000 sq. ft. R-30 30,000 sq. ft. 15,000 sq.ft. 60,000 sq.ft. R-lS 15,000 sq. ft. 7,500 sq.ft. 30,000 sq.ft. 3. Planned Unit Development - Cluster principle - In any Planned Unit De- velopment, the average lot area maybe reduced by one-third within the limits of minimum and maximum lot size, if the deleted land is pooled in a common open-spllce leglllly perpetuated by a set of protective covenants or agreements filed with the subdivision plllt. Averllge lot arellS for single- family dwellings under the Cluster principle are as follows: District Averll~e Lot Area R-40 26,666 sq. ft. R-30 20,000 sq. ft. &-15 10,000 sq. ft. 4. Non-confOrming Lots of Record ~ where a lot of record was in separate ClWnership at the tima of passage of this ordinance and Cllnnot meet the minimum requirements for uea or width, such 11 lo.t shllll be construed a legal lot for the district with the follClWing exceptions: a. In a residential district where. II tw()-family or multiple family dwelling is permitted, the requirement for square footage of lot .llrea per dwelling unit shllllbe strictly interpreted with no credit given for frllc- tional portions of the required minimum llS a basis for constructing llddi- tional dwelling units, except in the R-6 Residential district where a two- family dwelling may be erected on such II lot containing a minimum of 5,000 square feet. b. In any district, no hotel, motel or lodge shall be constructed on a lot non-conforming as to area for the district. 5. Lot Reduction - no portion of a lot required for II legal building site under provisions of this ordinance shall be included llS a portion of a lot required as a site for another building. (c) Minimum Floor Area 1. Mini~ Floor Areas - each dwelling unit in a Single-family, twO-family, multiple-family dwelling, patio or row house shall contain a minimum of 600 feet of floor area. Each accommod.ations unit in a hotel, motel or lodge shall contain a minimum of 300 square feet of floor area. In measuring minimum floor areas, all measurements shllll be along outside walls of the living llrea of detached dwelling units, and along the centerline of party walls on attached units; and not including carports or garllge llrea, or other enclosed area not devoted to actual liVing purposes. (d) Yllrd Provisions 1. Projections into required yuds - yards shall be open from the ground up except for the following allClWed projections: building eaves - 18 inches, architectural projections - 12 inches, individulll balconies not utilized as a passageway - 4 feet, fire escllpes - 4 feet, uncovered porche., slabs, patios, walks and steps - no restriction, fences, hedges llnd walls - no restriction on loc:ation. 2. Required yards adjacent to private roads - Illl required yard setbacks under district regulations are based on distance measured from the right- of WilY line of a dedicated public WilY. Where there is no public dedica- tion and the lot line extends to the centerline of the right-of-wllY, the required yard setbllck shall equal the(l.~~1;ance specified under district regulations plus lln additionsl distance equal to one-half of the right-of- way w:!.dth were such private way to be de4icated for public use. 3. Co~r lots - on II lot bordered on two sides by intersecting streets, the ClWner shall have a choice as to which yardahllll be considered as the front yard, such yard to meet minimum setbacks for II front yard in that district. The remaining yard bordering a street may be reduced by one- third of the required front. yard setback distllnce for the district. 4. Yards in developed arellS - where an unbuilt lot is bordered by proper- ty developed prior to the effective date of this ordinlluce, one or both of which are non-conforming as.. ~o front yard setbade distancl!l6 for the dis- trict, the required front yard for the unbuilt lot shall be the aveuSe of the.setback distances of the bordering properties. - 15 - , , ,1"'"\ ,-" 5. Transitional Yllrds - where two lots share II common side lot line and are in different z~e districts, the lot in the more intensive use district shall observe the required side yard setback distllnce as established for the less intensive use district; provided that the less intensive use dis- trict lot is either underdeveloped or developed in conformance with the required side yard setbllck for the district in which it is located. 6. Yards adjacent. to arterial roadways - on a lot bordered by a designated arterial roadway, the mtni1llum front Yllrd setback distllnce for the diStrict shall be applied to the portion of the lot adjllcent to the arterial rOlld- way, regardless of building orientation. Hhere a lot is bordered on two sides by intersecting llrterilll roadways, the provisions listed under the corner not situation shall apply. (e) Hei~ht Provisions 1. Schools, churches, hospitals and public building for admi.nistrlltion in II residential district - where these uses are permitted in a residential district, they may ~ceed the established height limitation by 50 percent prOVided all other requirements for the district are complied ~gith, and provided the total floor area of the structure llbove grade does not exceed the total llrell of the lot on which the building is located. Where this 1:1 ratio is not possible, the maximum height limitlltion for the district shllll not be exceeded. 2. The height of II building shall be mellSured from the established street grllde; if no official street grade is established, then from the eXisting center line grade of the street. The point of reference shlill be the average street grade for not more than 90 feet of frontage. For larger building sites,each frontage of 90 feet or less shall be considered sep- arately. For building sites where the grade percentage slopes from the street front- age to the alley or rear property line at a grade percentage of 10% or greater, the point of r~ference shall be the llverage level from street to lilley, but not to exceed five feet above the average street grade on a positive slope or five feet below the average street grllde on a negative slope. The height of a building shall be determined by II vertical distance from the grade reference point to the top of a flat or mansard roof, or to the mean height between the eaves llnd ridge of a gllble, hip, gambrel or simi- lllr pitched roof. The ridge of a gable, hip, gambrel,or similar pitched roof MllY not exceed over five feet above the specified maximum height limit. Antennlls, chimneys, flues, vents or similllr structures Shllll not extend over ten feet above the specified maximum height limit. Water towers may not extend over five feet above the speCified Mllximum height limit. Church spires and flllgpoles may extend over the specified maximum height limit. A variance from the maxill\U1ll height limitation MllY be grllnted by the Bond 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 accompanied by drawings shClWing plot pllln, contours and cross sections of the building site llnd proposed structures. (Amended by Ordinance No. 10, Series1965.) (f) Off-street ParkiOR Required off-street pllrking shall be provided for each use as required be- lOw in all zone districts. All requirements for pllrking bllSed on squllre feet of floor llrea shllll include only thllt floor llrea which is devoted to the principal use and not including floor area devoted to storage, utili- ties, restrooms, lobbies, and maintenance of the premises. 'For all uses requiring parking spllces in ratio to floor llrea, at least one space shall be required for any use not 1Il8eting the minimum floor area ratio standard. One-Fllmily Dwelling (~' One spllce per dwelling two-Family Dwelling One space per dwelling unit. Dwelling, Multiple-Family One and one-half spllce per dwelling unit. BOllrding or Rooming House One space per 200 square feet devoted to guests plus one spllce for each included dwelling. - 16 - ,-., Dormitory MOtel, Hotel, Lodge , , r>. One spllce per 200 sqUllre feet. TWo spaces per three units. Assembly arellS - Intensive Uses TWo spaces per 1,000 squllre feet BClWling Alley-Assembly Area Only' Churches, Chapels, Auditoriums Theatre Dllnce Floors.Including Room or Hall Lodge Room or Hllll Stadium-Blellcher Area Only Swimming Pool-Including Deck Area and Similllr USes Assembly Arells-Less Intensive Use One space per 1,000 square feet Conference Rooms Dining Rooms Drinking Rooms, Bar Rooms !}chibit Rooms . Gymnllsiums Lounges Skllting Rink and Similllt' Uses Golf Courses Tennis Courts Offices . Intensive Uses Medical and Dentlll Including Clinics Ban ks, Loan Companies City, County and Similar Uses Offices - Less Intensive Uses Utility Companies, Telephone, Telegraph Professionlll E.~cluding Medical and Dentists General Offices llnd Similar Uses Retail - Intensive Uses Grocery, Drug, Liquor VarietY,Depllrtment, Hardwllre Clothing, Sports, gift, Photo graphy Supply Radio, Phonograph, Art Supply, Auto Parts and Accessories and Similar Uses Retllil - Less Intensive Uses Furniture, Household Appliances Building Materials, Lumber Art Gallery, Decorlltor Studios Including Art, Ceramic Jeweler, Sculptor, and Similllr Vehicle & Mllchinery - Sales only and Similar Uses Service Cllr Rentals, Auto and Truck Sllles llnd Service Fllcilities and Similar Uses Gas Stations llnd Vehicle Repair Facilities, Gasoline pumps Grease ra.cks i~ash rllcks Repair arell - 17 - TWo spaces per hole. Three spaces per court TWo spaces per 1,000 square feet One space per 1,000 sqUllre feet One and one-hlllf spaces per 1,000 square feet One-half space per 1,000 square feet One spllce for ellch vehicle exclusive of service and repair llrea which shllll meet requirements of vehicle Repllir Faciliti~s as outlined elsewhere in the ordinance. One space per pump TWo spaces per rack TWo spaces per rllck One spllce per 200 square feet (area us- able for repair work exclusive of drives, equipment, storage, utilities, etc.) , , I"', .,-,., Laundromat one and one-half spaces per 1,000 s~re feet. Hospitals, Schools Spllces shall be provided to satisfy the occupancy characteristics on the same site. The determinlltion of requirements shall be the function of the Planning Com=ission using surveys of similllr situ- ations and their own judgment. Industrial Uses one-half spllce per 1,000 sqUllre feet of developed site area. Uses Not Specifically Enumerated - Any use not listed llbove shall prOVide parking in the same ratio llS the use listed above most nellrly approximBting the characteristics of the unlested use, in the judgment of the planning Commission. Location of Required Off-street Parking - Parking required for any use must be located in the Sllme zone district llS the use. Parking for any dwelling, hospital, or school must be located on the same building site llS the prin- cipal use. Parking for a Boarding or Rooming House, Lodge, Motel or Hotel or Dormitory must be located on the same or lln adjllcent lot in the same ownership as the lot occupied by the principal use. Characteristics of Off-street Pllrking - EllCh off-street parking space shall have an unobstructed arell measuring nine feet wide by 18 feet long and seven feet high and have legal, unobstructed llrell for access to II street or alley; where accessibility is impaired on the basis of attendllnt pllrking, an at- tendant must be on duty during business houm of activity for an institution- al or assemblY use and continuously for accommodation or residential use, unless some arrangement is provided for late arrivals iuthe last IlIro men- tioned uses. Off-street Parking spaces must be pa~d with an all-wellther surfacing and be maintained in II usable and unobstructed conditiOn at the responsibility 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 SpllCeS. 11-1-9 NON-CONFORMING USES Except as provided in this section, the lawful use of any bUading or land exist- ing at the time of enllctment 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 Maintenllnce: Ordinllry repllirs and maintenance of a 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 originlll condition, provided such work is commenced within one year of such calamity. (c) Abandonment: Whenever 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) Chllnge in Use: A non-conforming use shall not be changed to a use of a lower, or less restric- tive ClllSsification; such non-confOrming use may however, be changed to another use of the same or higher classificlltion. (e) Extensions: A non-conforming use shall not be extended. (f) Cessation: All business and indu~trial uses located at the time of enllctment of this Chap- ter in any Residentilll or Tourist District shall be discontinued within one year after the effective date of this ordinance if such uses llre not contained within an enclosed and covered building and (or) if such uses are detrimental and in- jurious to the adjoining lllndS because such uses create unusual and obnoxious odors, smoke, sounds, dust, vibration or traffic problems. - 18 - . , . ,-,. ,-, , (g) Off-street Parking: Existing non-con:forming uses in relation to pllrkins shllll not be expanded or changed to a more intensive use unless the increment of expansion or the entire area is changed to a more intensive use Clln be developed to meet requirements of this ordinance. 11-1-10 BUILDING REVIEt~ (a) Purpose: The Planning and Zoning Commission shall review all proposals for new construc- tion located in Business and Tourist zones in the City of Aspen with the purpose of conserving the value of neighboring property llnd encollraging the most appro- priate use of land. The Commission shall also review dl proposed construction in those llreas to determine its effect on the safety, helllth, and general wel- fare of the City of Aspen. (b) Method of Proc:edure: At least thirty dllYS prior to the date which an llpplication for a building per- mit will be llccepted by the City of Aspen the appliCllnt shll1l submit a plot plan, floor plans, and elevlltion drawings of the proposed construction for pre- liminary 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 drllwings to the Plllnning and Zoning Commission. During this thirty day period the Planning and Zoning Commission shall review the draw- ings submitted and shall mite written recommendations 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 neces- sary to accomplish the purposes of this section. If such drawings llre found to be incomplete, they shall be rejected. 1. The llbove mentioned drawings, with llny changes made prior to the is- suance of II building permit llnd upon approval of the Planning llnd Zoning Commi- ssion, shall constitute the final plans and drawings for the complete develop- ment of the proposed building site. Any changes in the llpproved drllwings by the llpplicllnt will reqllire re-submission to the Building Inspector and the Plllnning and Zoning Commission. 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 shllll 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 hereunder shllll be bind- ing upon the applicants therefor, their successors llnd assigns, shall limit and control the issullnce of building permits and shall restrict llnd limit the con- struction, location, use and occupancy of all land and structures included with- in such drawings to llll conditions llnd limits set forth in such drawings. 4. If the Planning and Zoning CommisSion has taken no llction or has given no recommendations to the Building Inspector with regllrd to lln llpplication with- in thirty days of the time of filing, the llpplication shall be regarded as ap- proved. 5. The following items shllll comprise the check list which the Planning and Zoning Commission shall use in revij!Wing dl new construction in the llbove mentioned zones: (a) Off-street pllrking. (b) Area of lot in ratio to proposed building. (c) Height of building in relation to the ll1llount of lllnd 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 neighbor- ing property. (i) Traffic and circulation. (j) Density of occupancy. 11-1-11 BOARD OF ADJUSTMENT, VARIANCES (a) Powers llnd Duties: The Boord of Adjustment shall have the follClWing powers and duties, llll of which shall be exercised subject to the laws of the Stllte of Colorlldo and sub- ject to appropriate conditions llnd safeguards, in harmony with the purpose llnd intent of this Chllpter and in accordance with the public interest and the moat appropriate development of the area; - 19 - , , "..., .-.. 1. To hear llnd decide appeals frem, and review llny order, requirements, decision or determinlltion mllde by $n administrative official or body charged with enforcement of the regulations est$blished by this Chllpter. 2. To hear llnd decide requests for special exceptions as referred to such Board in other sections of this Chapter. 3. To authorize upon appeal in specific Cllses vllriances from the terms of this Chllpter, where, by reason of exceptional shape, size or topography of lot, or other exceptional situation or condition of the building or land, practical difficulty or unnecessary hardship would result to owners of said property from a strict enforcement of this Ch$pter. (h) Procedure: The Board of Adjustment shall hold a public hellring on llll llppliclltions and appeals with the following specilll conditions required: 1. For applications for variance relating to the use requirements of this Chapter, a written notice of said hallring shall be sent by first ClllSS mail llt least 5 days, or delivered personlllly at 1ellst 3 dllys, prior to the hearing date, to owners of property within 300 feet of the property in question. 2. For applications for varillnces not relating to the use requirements of this Chapter, a written notice of said hellring shall be sent by first clus mail at least 5 days, or delivered personally at least 3 dllYS, prior to the hearing date to owners of property adjllcent to the property in question. 3. For applic:lltions for vllrillnce relllting to the use requirements of this Chapter, II fee of $20.00 shall be charged to cover the cost of lldvertising and processing. For all other applications a fee of $10.00 shall be charged to cover such costs. 4. Unless otherwise stated in the BOllrd of Adjustment minutes, all vari- ances permits shdl be valid for a period of time not to exceed six monthS from the time such variance is granted. 5. Whenever the Board of Adjustment shall act on llllItters required by Sec- tion 11-1-8 - SUPPLEMENTARY REGULATIONS - Parllgraph A, Uses Permitted, subhelld- ing "Signs," subparllgraph 7, llnd matters involving Section 11-1-10 - BU:tLDING REVIEt'1 - the Board of Adjustment may first re.fer such appliclltions for.ll var- iance to the Planning Commission for their review llnd recommendations. 11-1-12 AMENDMENTS (ll) Generlll Procedure Amendments to this Chllpter shall be in accordance with the laws of the State of Colorlldo and the following action shall be required prior to lldoption: 1. Petitions to llmend this Chapter may be initiated by the City Council, the City Plaitning and Zoning Commission, or by a real property owner in the llrea to be included in the proposed llmendment. 2. Any llpplication to chllnge the text of this Chapter or the "Zone Dis- trict Map" shall be made to the Planning and Zoning Coimnission at lellst seven calendllr dllYS prior to its llppearance on the agenda and setting of the date for pubUc hearing. 3. Appliclltion to change the ''Zone District Map" shall include an llCCUtllte plot plan of the llrea included in the proposed change, the name llnd llddress of llll owners of real property in the llrell proposed for change and llny $dditional information the cOllllllission requires. The llppliClltion shall be signed by a real property owner in the area included in the appliclltion, unless initillted by the City Council or the City Plannin.g llnd Zoning COIIIIlIission. If additionlll real property is included other thlln thllt owned by the applicant, a petition in favor of the llmendment, signed by real property ClWners representing 80 percent of the land arell included in the application, shall accompany the application. 4. Study and recommendation on the proposed amendment by the City Planning and Zoning Commission. S. Completion of a public hearing before the City Council after at least IS days notice of the time and plllce of such hearing shllll hllve been published in a newspllper of gene rill circulation in the City. 6. For llny proposed amendments to the "Zon~ District Map," a fee of $30.00 shall be charged to cover the cost of advertising and processing. For all other proposed amendments, II 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 Commission shall hold II public hellring on the proposed amendment with the following spec:ialconditions required: 1. For any change to the text of this Chapter or the "Zone District Map," a notice of sdd hearing shall be published once in a newspaper of generaLcir- culation in the City at least IS days prior to the hearing date. - 20 - , , ~ ,-" 2. For any change to the "Zone District Map," a written notice of said hellring shall be sent by first class mail at least 15 days prior to the hear- ing date, to property owners within the llrell in question; and a copy of sllid written notice shall be posted in a prominent place or places, as required, to indicate the proposed chllnge to interested parties, at lellst 15 days prior to the hearing dllte. 11-1-13 ENFORCEMENT (a) Building Permits: It shall be unlawful for llny person to erect, construct, reconstruct, al- ter, 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 llny permit unless the plans of and for the proposed erection, construction, reconstruction, alterlltion, or use fully con- form 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 re- paint or change the use of llny structure, wall, mar,quee, 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 conveyor direct a messllge to the generlll public with- out first obtaining a sign permit; provided, however, thllta 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 llll respects with the provisions of this ordinance. For all sign permits required, a fee of 50 cents II squllre foot of surface area shall be charged to cover the cost of administrlltion. 11-1-14 INTERPRETATION, CONFLICT WITH OTHERLAVlS In their interpretlltion and application, the provisions of this Chllpter shall be held to be minimum requirements adopted for the promotion of the public health, safety llnd '~elfare. Whenever the requirements of this Chllpter are llt variance with the requirements of any other lawfully adopted rules, regulations, ordinances, or other provisions of this Code, the more restrictive, O'r that imposing ,the higher standard shllll govern. 11-1-15 VIOLATIONS AND REMEDIES (a) The erection, construction, enlargement, conversion, moving or maintenllnce of any building or structure llnd the use of any land or building which is con- tinued, operated or maintained, contrary to' any provisions of this Chllpter is hereby declared to be a violation of this Code and unlllwful. The City Attorney shllll immediately, upon llny such viOllltion having been called to his llttention, 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 llny violation of this Or- dinance. (b) The remedy provided for herein shall be cumulative and not exclUSive llnd shall be in addition to any other remedies provided by law. 11-1-16 CURB CUTS; ALL DISTRICTS (a) All curb cuts shall be approved by the Building InspectO'r. (b) DrivewllYs shall be constructed for their full width from curb to property Une and shall be for ingress to' llnd egress from private prO'perty. (c) The number and width of curb cuts for the different districts shall be as follCIWs: 1. Residentilll Areas: Driveway and curb cut widths shllll be twelve feet for a single garage, and fifteen feet for a double garage llt the widest part of said driveway or curb cut. There shllll be only one curb cut per individual parcel of lllnd. This curb cut shllll be located a minimum distance often feet from either property side line. 2. Tourist District: In this zoned area ellch parcel of land shllll either have one twenty-foot driveway or curb cut or two twelve-foot wide drivewllYs and curb cuts. There shall be II maximum number, of two curb cuts per individulll parcel of land. The minimum distance between two curb cuts on an individual parcel of land shall be twenty feet. The minimum distance between curb cut,s and property side line shall be ten feet. - 21 - i , , . . I":", ~ 3. Business District: The requirements for curb cuts llnd drivewllYs in widths shall be the same as those in the T~rist zone with this exception: In the case of a single lot (30' x 100' or 3,000 square feet), a single curb cut shill 1 be allowed of twelve feet in width, centered between the property side lines. (d) DrivewllY slabs shall hllve a minill\U1ll thickness of six inches. Hhen drive- ways llte to cross el~isting sid~1alks, the sidewalk slabs shall be removed and drivewllY slabs constructed llll of the way back to the property line. 11-1-16 (a) Unusual Conditions: Under unusual conditions, topography, drainage, existing trees on City right-ofwway, existing buildings on privllte property, or special use require- ments for the property, a variance from these requirements may be given by the City Council upon filing II written appli~ation llnd a plot plan showing the building site and the special conditions thereon. R - RECREATION DISTRICT Intention - To insure that land intend,ed for recreation use is developed in such a manner to serve its intended use while not exerting a disruptive influence on ad. jacent uses of lllnd. Open-use recreation fllcilities llre permitted and recrelltion club buildings are included - subject to approval. Uses - Permitted 1. Open-use recrelltion site. 2. Accessory building and use limited to facilities serving only principal uses on the site. Uses - Conditional 3. Recreation Club - subject to approval of the Bond of Adjustment. Minimum Lot Area - No requirement. Minimum Lot Width - No requirement. Minimum Front Yard - subject to approval of the Board of Adjustment. Minimum Side Yard - subject to approval of the BOllrd of Adjustment. Minimum Rear Yard - subject to approval of the Board of Adjustment. Maximum HeiRht of Buildi~s - llS required in the most restrictive adjacent zone district.. Minimum Off-street Parki~ - as required under Supplementary Regulations. - 22 - - ., "'"". I(fi~/ 1.1 r;f1 '!J 7fh' ~ ZON~ OBD~ ~. 6. Serle. 1956 ,-, 'I' ','- .," - ',"'" - ," ", ,.,' - - __ -. Refer-ace. ~rom Aspen TilIla,lI! ~.Daft. _.~ 11;55. .. Sto..,. ~.~I.ng on COUD":)' Zom.a.:- wtwfe. .vt~ .... ... .:~. Also lfollH 0t hear!og .. April. li, 1955. . . lfe~r da~ . 14 a~~n !~t 1.5. Story on he_tog aad lac I .. lIij .. 11. refe . . to ~ Ie; . .taantng Commiesioa wori: on City plan". He_leper dated May 26, 1955 - appointlllent: of Zoniog COllllllitft8- ,YOI' J(obUOft - Preel Olicaelen - Frits Banediet - Mrs. FNd WllloUfllbby - V. E. I.!qle~ alld Nfere... to 1IIMting to be .che4u1ecl. -dated .:June 9, 1955 .. reference to City Zoning CouIldtt.. working on ot ty p18ft. -caated Septeabe.1' 8, 1955 - Resolud:on creatiOll of Plamdq COIIIIld...ion. -dated February 2, .1956 - City ~ci.l appoint. Plaanlog Comadss1cm - MaYtW Gene Robisoa - Rob Roy' - M.J. Garriah- LMu:'enee Eli.be - fled N1cho1.sol\.. Attomey. aUnt Stewal't. RefeNace to OJlUl 1IIM1:1ng to be held in the BalIIIboo RoOllt, Febrwuoy 13, 1956. . /. .. dated Febl'WU'y 16, 1956 .. Report of _etl. held :bt BSIllIboo Ro.... DisOWl..d.. waftr, ..we!' etc. -dated ~ S, 1956 .. report that City Plaaailll vUl holel 2nd public ....tire oa March 12, 1956 ..dated Manh 29, 1956 .. report o. _et:!q 0t Zolling BoU'd. with Mr. Beaa pre..a'. .. dated AprU 19, 1956 - nevs item refers to Notice of .. pubU~ hearing to be held at 1='0 PM, Oft May 7, 1956 :in County GouItti Houae- , .. dated April 19, 1916 - lW' DOt1.ce of hear!llIappe.. Oft Page 6 - Aepea Ti__ i. fWl'llisllitll Proof ot PublicatiOll -da~.4 MAy 10, 14.:_ _ws item.. that Council met Tuesdayaveaing 1ft 8n adjo1ll'Md _.dag (hav!q _t briefly MoNtay eveniag beto.. ..aing _lIIti...) -dated May 10, 1956 - Hews it. '": that IIOn~ ~atiq vas weill ...~ MoIMlaY nite - l\aarly fOl'tJ' persoae.... oa hand Mcm4ay ev..bag at D1striotCoun t'OOlll t.Mar nooftlt'1l'eadi.ag or the pl'iOpaeed ori1.ltaace Oft aoM.l\i; of the Oity of Aspe. ........ The heial'tag .. coDclucta4 by Mr. A. E. 1l0tJ!8on (NayOl') 1Ao aake.d Mr. Altan of the City Pla.mlngfirm .f Be.. aIl4 Associate. to resd the propend or<linan.eeaild. make .apt_tions as the read!. ~1an4. . -dat4d .June 21, 1956 - 1\aW8 ite. - af~r auch revisi_ dur1.. the laet: ....k, tiret ~ading of the ne., Aape. City Zcmtag .1I'4i...ce va pease4during the COUbOU .....tt.0t June 18. Zoning, O1I'4ilUlJtCl,e He. 6, US6 - pubU.he4 in tbe Aspen T_. dated .:June 2J., t9-56 aad Jcly 5, 1~56.. ~"tw,' ,llJili;;; -'';':''',il!lh,_~ :,; !,,.,/,<::;,,_::.'^y- .:', -< - '-;d.~t;$/;;]{4t;~.$?'i: i'~~' ,,:.- .;~~;tt~(, >-~~;:{4,0~,i;;!-,>~,::;,g)~:~of~~:B.b;~;,_f:'--: .