HomeMy WebLinkAboutLanduse Case.ZO.Zoning Changes.1975-ZO-2
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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).
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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.
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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.
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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)
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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
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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.
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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
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*Building Permits were issued after adoption of the new zoning code. April, 1975.
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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
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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
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TOTAL 351,046 43 115 119 366
(8.05 acres) , . , ,
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Mandatory P.U.D.
** Based on staff analysis of existing and proposed development patterns.
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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.
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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!."
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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."
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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:
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urban landfnovember 73 3
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"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
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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,
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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.
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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
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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?
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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
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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 @ $5.00 per hour. travel e)(penses
@ 7..cents per mile. and clerIcal expenses at cost. Should such work
be possible In conjunction with scheduled trips to Grand Junctton,
naturally travel costs WOt.Ild only be figured from Glanwood Springs.
We certainly have appreciated the opportunity of working for you
and slncerely hope the above Itemized plannIng accomplishments will
prove of real value in future growth of the Aspen Region.
TB/mI<
~ctfullY subml tted.
~~~AN ~
,
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LOCAL PLANNING
SERVICE
:J
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22214TH STR.E'E-':.. BOULDER. COLORADO
COPY
Nov9lllber I, 1956
..,
k. A Foutur>? OEl\f4lopment Plan showing street, highway
lend use, 1l'O"k, recreation arid sehoal _panslon
j?QSsibltittes:-alil prepared and disCUI!$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.
,~~~
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LOCAL
PLANNING
SERVICE
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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;?"
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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$01 u 1'1 on.
The ,attached summary, represents a proposed public notice
form which includes suggested amendments in the Pitkin County
Zoning Resolution as such changes were considered by the cOunty
Planning Commhsion on July 12. 1957. Although this material
is written in the form of a useable notice.. it is hoped that
each member of the above boards and the County Attorney will
rev i ew the j deas and tha l' a major i ty of the boa rds wi I r agree
on necessary amendments to be included in SUch notice.
If the ideas as written do not seem clear or additional
thoughts from our off ice seem necessary ~ pi ease 1 et us know by phone
or letter.
Tra f ton Bean
;,
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Aagust 6. 1956
Mr. Trafton Bean
Trafton Bean & Associates
2221 · 4th Street
Boulder. Colorado
Dear Traft1
.
We have received the find printing of the Zoning Ordinance
and we certainly feel that you did a wonclerful job in setting
this up.
We will have our first matter coming up before thts Board or
Adjustment soon. I think Zoning generally was fairly well
accepted in the City. however. you never know until you get
into the functional featuresof it.
Sincerely,
Clinton B. Stewart
City Attorney
CBS:R
COpy
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LOCAL ~ PLANNIN G
SERVICE
TRAFTON BEAN & ASSOCIATES 22214TH STREET, BOULDER, COLORADO
July6,1956
CI i hton B, Stewart, Ci ty Attorney,
Aspen,
Colorado
Dear Clint:
--~'---,----,-",_._._---.~~.,. -----'_._---'_._-~._-,--_."'--.---_._""-~-
Thank you for your note regarding the minimum rear yard setback
foracces$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
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.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
\\
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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.
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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.
,
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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 ~
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,..."
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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+ -
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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
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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..
.....:
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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.
- - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - -
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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.
------------------------------------------
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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 $10.00 shall be charged to
cover such costs.
-------------------------------------------
,-
,-.,
,
Notice of Public Jfuaring
Aspen, Colorado
P.1
1956), Section XII - ENFORCEHENT - by addition of a new paragraph B) Sign Permits
9. Amend the text of the Zoning Ordinance (Ordinance No.6, Series of
as follows:
B) Sign Permits
It shall be unlawf'ul to erect, construct, reconstruct, alter, paint or
repaint or change the use of any structure, wall, marquee, or any piece
of work composed of parts joined together in some definite manner which
are to be used as a sign or picture to conveyor direct a message to the
general public without first Obtaining a sign permit; providing, however,
that a sign permit shall not be required to repaint exactly as it was
previously any of the aforesaid, which at the time of the proposed re-
painting conform in all respects with the provisions of this ordinance.
For all sign permits required, a fee of 50 cents a square foot of sur-
f'ace area shall be charged to cover the cost of administration.
-------------------------------------------
1956), Section XI': - "",-..;..QEF'INlT,ION3
10. Amend the text of the Zoning Ordiance (Ordinance lio. 6, Series of
, ,....,~
~-
by addition of new paragraphGG)
to read as follows:
00) 'lIard. Service"
Are those spaces used for accessory uses which are not otherwise inclosed
within a building.
ATTEST~
~
' ~
; G C URK
7gvP~4~~d./
'MAYOR '
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/~/9~~NTY
TRAFTON BEAN & ASSOCIATES
.
2300 BROADWAY, BOULDER, COLORADO
.
HI 2-6654
AND SCHOOL.
PL.ANNING
May 9, 1960
SERVICE
City Planning Commission"
City of Aspen
Aspen, Colorado
Attention, Mr. John Doremus, Chairman
Gentlemen,
Enclosed are copies of a suggested public notice Qoncerning
amendment of the Aspen City Zoning Ordinance. I believe thllse$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--_.__....__
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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"",
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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
,
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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 $10.00
shall be charged to cOver such costs.
-------------------------.--------------
9. Amend the text of the Zoning Ordinance (Ordinance No.6,
Series of 1956), Section XI I - ENFORCEMENT - by addition of a new paragraph
B) Sign Permits as follows:
... .~
t"',
1""'\
Notice of Public Hearing
Aspen, Colorado
p. 6
B) Sign Permits
It sha I I be un lawfu I to erect, Construct, reconstruct, a Iter, pa i nt
or repaint or change the use of any structure, wall, marquee, or
any piece qf work composed of parts. joined together in some definite
milnner which are to be used as. a sign or picture to conveyor direct
a message to the general public without first obtafning a sign
permit.3".1( s... ~
For a.11 sign permi ts required, a fee of 50 cents a square foot of
surface area shall ,be charged to cover the cost of administriltion.
- - _. - - - - - - - - - - - -. - .- .- - _. - - - ._, - - - - _. - - - - - -. - - - -
- ...--.'-
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Mayll,1960
TO: The Aspen City Planning Commission
FROM: Trafton Bean and Associates
SUBJECT: Height Limitations in the B Zone
We would strongly recommend that the height restrictions be
the same on both sides of a. block in simi\lar zoning districts. These
height regulations should be based primari Iy .00 factors of "ccupafional
densi ty ,off-street parkl ng needs, light end ai r, fi re f ighttng effec-
tivene$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.
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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,.. _ _ __ _ ...
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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""\
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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.
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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;.,._.:...... _'._
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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""',
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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.~,,:
"
/
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.
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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
~
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City Cleri
.
~
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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."
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L_.......
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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"',
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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.
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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
_._.",._.."....~. ~._--.~-_...
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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;
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r tr" ....'0
//i ~r:yr )
',) \II ,.A' /. J. Maximum ~~..t qf lluild~
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J~ ~~\ :~~/'~ CAccessory J>uil!lli
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\"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
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"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
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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:
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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.
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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.
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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 .
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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 -
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~,"""-".J
~
em BOAlD OF AJ)JUS'DtiNT
ZONING
WILLIAM FIELD ~.d. .
GDE M4$ON - ~
At..BD'f BU1tO'
'Am'. DS1'1Wf
WlLBUI. ZORDELL
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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
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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 ..
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A)
*
BY
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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.
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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.
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._-----_.~.,--"_..,....-. ----..-----.-----------.....-.
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.
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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:
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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.
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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.
"
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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.
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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.
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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.
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AA)
88)
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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.
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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.
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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
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/s/ ETHER. /to., FROST
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... PITKIN COUNTY COLORADO
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ZON I NG
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RESOLUTION
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Pitkin County, Colorado
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ZONING RESOLUTION
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Originally Adopted On
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.June 5. 1955
and
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Including all amendments officially adopted as of June I. 1961
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PITKIN COUNTY, COLORADO
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BOARD OF COUNTY COMMISSIONERS
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Sam Howe I I
Tom Sardy
Orest A. Getbaz
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PLANNING COMMISSION
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Herbert Bayer
Fritz Benedict
Fred G I i Men
Henry Stein
Sam Caudi I I
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COUNTY ATTORNEY
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Robert Delaney
COUNTY CLERK
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Mrs. Peggy Coble
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TechnIcal Assistance Provided
by
Trafton Bean &: Associ ate$
Boulder, Colorado
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CON TEN T S
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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.
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Def i ni ti ons . . . . . .
Regulations . . . . . .
Val idi ty . .
Vi olations and Pena I ties. .
Repea I s, Effective Date . .
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Resol uti on Adopti ng a Bui I di ng Code.
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* See Supplemental printing
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Section I
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DISTRICTS
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Establishment of Districts
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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:
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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
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Zoni ng Map
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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.
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Secti on II
APPLICATION OF REGULATIONS
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Exi sti ng Bui I di ngs
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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.
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Agriculture Bui Idings and Uses
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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.
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Pi tki n County Property
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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,
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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
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Section IV
R 15. RESIDENTIAL DISTRICT
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Uses Permi tted
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I. Any use permitted in the R 30 District. subject to all
requirements specified for such R 30 District. unless
otherwise stated herein.
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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
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150 feet
75 feet
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50 feet from the center
of the abutting public
street or road
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Minimum Side Yard
~ .. . ~ . . . . ~ o. . . . .
5 feet for all bui Idings
Minimum Rear Yard
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Pri nci pa I bui Idi ngs . .
Accessory buildings. .
. .
10 feet
5 feet
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Maxi mum Hei ght of Sui I dl ngs . .
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. .
25 feet
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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
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.
.
. 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
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Secti on V
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AF, AGRICULTURE AND FORESTRY DISTRICT
Uses PermT tted
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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.
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Minimum Lot Area. . . . . .
. . . . . . . . . . . .
two acres
permi tted
bui I di ngs
200 feet
for all
pri ncl pa I
MInimum Lot Width.
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Minimum Front Yard
Uses listed in paragraphs No.3
and No.. 6 above . .. .. .. .. . ..
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200 feet from the
right of way boundaries
of highways maintained
by the State of Colorado
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Owe I lings . . . . . . . . , . . . . . . . 75 feet from the ri ght
of way boundary of pub-
liCly maintained highways
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Minimum Side Yard
Uses listed in paragraphs NO.3
and No. 6 above . . .. . . .. ..
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100 feet
20 feet
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~AJ I other uses.. .. . . . .. . . .. .. . . .. ..
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Minimum Rear Yard
Uses Ii sted in paragraphs No.3
and No. 6 above " . ... .. . .. ..
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100 feet
20 feet
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A II other uses . . . .
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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. .
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250 feet
All other permi tted uses ~ .. 0) .. .. " .. tt .. .. .. ... ..
100 feet
Minimum Front Yard
Hotels, motels, lodges and
recreational faci I i ties. .
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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
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AR, Accommodations and Recreation District (continued)
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Minimum Side Yard
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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.
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Mi ni mum Off-Street Parki ng . . . . . . . . . .. one space for each 400
square feet of total floor
area"
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Maximum Height of Bui Idings . . .
.. .. .. .. .. .. ..
25 feet.
Minimum Rear Yard
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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. .. .. .. .. ..
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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.
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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 -
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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 -
, ,
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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.
...
-
...
....
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...
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.
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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-
,~ .
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TITLE XI
ZONING
Chapter
1
. ,
Subject
Zoning
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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
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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,
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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
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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.
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(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.
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(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
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(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;
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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).
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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.
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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).
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(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;
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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,
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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.
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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.
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(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.
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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.
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(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
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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
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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.
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~-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.
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CHAPTE
TITLEXI
ZONING
1
/~
SUBJECT
Zoning
",
,~
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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.
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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.
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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.
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11-1-11:
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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.
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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.
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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..
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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.
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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
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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.
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(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.
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(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.
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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
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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
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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
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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 -
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;
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.
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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.
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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 -
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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 -
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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 -
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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 -
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(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 -
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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.
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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.
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Dormitory
MOtel, Hotel, Lodge
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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
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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.)
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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.
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(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;
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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.
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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.
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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.
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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:'--: .