HomeMy WebLinkAboutordinance.council.027-10 ORDINANCE NO. 27
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE FOLLOWING SECTIONS OF THE CITY OF
ASPEN LAND USE CODE:
26.575.020 — CALCULATIONS AND MEASUREMENTS
26.104.100 — DEFINITIONS
WHEREAS, the Community Development Director of the City of Aspen
initiated an application proposing amendments to the Land Use Code, pursuant to
Chapter 26.210; and,
WHEREAS, the amendments requested relate to Section 26.575.020 of the Land
Use Code of the Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Director recommended approval of amendments to the above
listed Sections as further described herein; and,
WHEREAS, the Planning and Zoning Commission held a duly noticed public
hearing to consider the proposed amendments described herein on June 1, 2010, and June
15, 2010, took and considered public testimony and the recommendation of the Director
and recommended, by a four to one (4 -1) vote, City Council adopt the proposed
amendments; and,
WHEREAS, the Aspen City Council has reviewed and considered the
recommended changes to the Land Use Code under the applicable provisions of the
Municipal Code identified herein, has reviewed and considered the recommendation of the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
1 Ordinance No. 27, Series 2010 Page 1
Section 1:
Section 26.575.020, Calculations and Measurements, of the City of Aspen Land Use
Code, which section authorizes, defines, describes, and depicts how various
measurements and calculations regarding development are to be accomplished, shall read
as follows:
26.575.020. Calculations and Measurements.
A. Purpose. This section sets forth methods for measuring floor area, height, setbacks,
and other dimensional aspects of development and describes certain allowances,
requirements and other prescriptions for a range of structural components, such as
porches, balconies, garages, chimneys, mechanical equipment, projections into setbacks,
etc. The definitions of the terms are set forth at Section 26.104.100 — Definitions.
B. Limitations. The prescribed allowances and limitations, such as height, setbacks etc.,
of distinct structural components shall not be aggregated or combined in a manner that
supersedes the dimensional limitations of an individual structural component. For
example, if a deck is permitted to be developed within five feet of a property boundary
and a garage must be a minimum of ten feet from the same property boundary, a garage
with a deck on top of it may not be developed any closer than ten feet from the property
boundary or otherwise produce an aggregated structural component that extends beyond
the setback limit of a garage.
Non - conforming aspects of a property or structure are limited to the specific physical
nature of the non - conformity. For example, a one -story structure which extends into the
setback may not be developed with a second -story addition unless the second story
complies with the required setback.
Specific non - conforming aspects of a property cannot be converted or exchanged in a
manner that creates or extends a different specific non - conforming aspect of a property.
For example, a property that exceeds the allowable floor area and contains deck area that
exceeds the amount which may be exempted from floor area cannot convert deck space
into additional interior space.
C. Measuring Net Lot Area. A property's development rights are derived from Net Lot
Area. This is a number that accounts for the presence of steep slopes, easements, areas
under water, and similar features of a property. The method for calculating a parcel's Net
Lot Area is as follows:
Table 26.575.020-1 Percent of parcel to Percent of parcel to
be included in Net be included in Net
Lot Area to Lot Area to
determine allowable determine
Floor Area allowable Density
Ordinance No. 27, Series 2010 Page 2
Areas of a parcel with 0% to 20% slope. Notes 100% 100%
2, 3.
Areas of a parcel with more than 20% and up For properties in the
to 30% slope. Notes 2, 3. R -15B Zone: 100%
100%
For all other
properties: 50 %.
Areas of a parcel with more than 30% slope. For properties in the
Notes 2, 3. R -15B Zone: 100%
100%
For all other
properties: 0 %.
Areas below the high water line of a river or 0% 0%
natural body of water. Note 1.
Areas dedicated to the City or County for open 100% 100%
space or a public trail.
Areas within an existing, dedicated, reserved
for dedication, proposed for dedication by the
application, or vacated public vehicular right- 0% 0%
of -way, public vehicular easement, or
vehicular emergency access easement.
Areas within an existing, dedicated, reserved
for dedication, or proposed for dedication by 0% 0%
the application private vehicular right -of -way
or vehicular easement. Notes 4, 5.
Areas within a vacated private vehicular right -
of -way or vehicular easement, when any
affected parcel has no other established 0% 0%
physical and legal means of accessing a public
way. Notes 4, 5.
Areas within a vacated private vehicular right -
of -way or vehicular easement, when all
affected parcels have established alternate 100% 100%
physical and legal means of accessing a public
way. Notes 4, 5.
Areas of a property subject to above ground or
below ground surface easements such as 100% 100%
utilities or an irrigation ditch that do not
coincide with vehicular easements.
Ordinance No. 27, Series 2010 Page 3
Notes for Table 26.575.020 - 1:
1. Lot Area shall not be reduced due to the presence of man-made water courses or
features such as ditches or ponds.
2. In instances where the natural grade of a property has been affected by prior
development activity, the Community Development Director may accept an estimation
of pre - development topography prepared by a registered land surveyor or civil
engineer. The Director may require additional historical documentation, technical
studies, reports, or other information to verify a pre - development topography.
3. The total reduction in Floor Area attributable to a property's slopes shall not exceed
25 %.
4. Areas of a property within a shared driveway easement, when both properties sharing
the easement abut a public right -of -way, shall not be deducted from Lot Area. This
enables adjacent property owners to combine two driveways into one without reducing
development rights.
5. When a property of 9,000 square feet or less contains a private vehicular access
easement dedicated to no more than one back parcel, when such back parcel has no
other means of access, the area of the access easement shall not be deducted from Lot
Area for either Floor Area or density purposes. Otherwise, areas of a vehicular access
easement serving another parcel shall be deducted from Lot Area as provided in the
table above.
af
i
Figure I: 1: Shared Driveway Easement
Ordinance No. 27, Series 2010 Page 4
D. Measuring Floor Area. In measuring floor areas for floor area ratio and
allowable floor area, the following applies:
1. General. Floor area shall be attributed to the lot or parcel upon which it is
developed. In measuring a building for the purposes of calculating floor area ratio
and allowable floor area, there shall be included all areas within the surrounding
exterior walls of the building or portion thereof. When measuring from the exterior
walls, the measurement shall be taken from the exterior face of framing, exterior face
of structural block, exterior face of straw bale, or similar exterior surface of the
nominal structure excluding sheathing, vapor barrier, weatherproofing membrane,
exterior - mounted insulation systems, and excluding all exterior veneer and surface
treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior
veneer treatments. (Also, see setbacks.)
OUTSIDE INSIDE
Exterior Face
Property Window of Framing
Line '411,
.111 �y
Window Sill
fi Wood Veneer __ 1 ir
Framing
tt Stone Veneer • ► - - - �'
x{ Setback measured to /— Floor Area Measured to Face of Framing
edge of veneer
Figure 26.575.020— 1: Measuring to Face of Framing
2. Vertical circulation. When calculating vertical circulation, the circulation
element shall be counted as follows:
a. For stairs and elevators, the area of the feature shall be projected down and
counted on the lower of the two levels connected by the element and not
counted as Floor Area on the top -most interior floor served by the element.
b. When a stairway or elevator connects multiple levels, the area of the feature
shall be counted on all levels as if it were a solid floor except that the area of
the feature shall not be counted as Floor Area on the top -most interior level
served by the element.
Ordinance No. 27, Series 2010 Page 5
c. Mechanical and overrun areas above the top -most stop of an elevator shall not
be counted as Floor Area. Areas below the lowest stop of an elevator shall not
be counted as Floor Area.
3. Attic Space. Unfinished and uninhabitable space between the ceiling joists and
roof rafters of a structure which is either inaccessible or accessible only as a matter of
necessity is exempt from the calculation of Floor Area Ratio and allowable Floor
Area. If the space is conveniently accessible and is either habitable or can be made
habitable it shall be counted in the calculation of Floor Area Ratio and allowable
Floor Area.
Examples:
a. An area created above a "hung" or "false" ceiling is exempt.
b. An area accessible only through an exterior access panel or crawl space is
exempt.
c. An area accessible only through an interior pull -down access ladder is
exempt.
d. A sleeping loft accessible via a stairway or a ladder is counted.
e. An unfinished space which has convenient access is counted.
If any portion of the attic level of a structure is to be counted, then the entire level
shall be included in the calculation of Floor Area Ratio and allowable Floor Area
regardless of other practical limitations to routine use. Areas of an attic level with
thirty (30) vertical inches or less between the finished floor level and the finished
ceiling shall be exempt, regardless of how that space is accessed or used.
NN
Area of floor
that does
not count
' 30" �.
r h ,
Figure 26.575.020 — 2: Thirty inch height exemption
4. Decks, Balconies, Loggias, Gazebos, Exterior Stairways, and non - Street - facing
porches. The calculation of the Floor Area of a building or a portion thereof shall
not include decks, balconies, exterior stairways, non Street- facing porches,
Ordinance No. 27, Series 2010 Page 6
gazebos and similar features, unless the area of these features is greater than
fifteen percent (15 %) of the maximum allowable floor area for the property and
the use and density proposed.
If the area of these features exceeds fifteen percent (15 %) of the property's
maximum allowable Floor Area (for that use and density proposed) only the areas
in excess of the fifteen percent (15 %) shall be attributed towards the allowable
Floor Area for the property.
The area of these features shall be the maximum footprint of the feature including
railings, fixed seating, fixed planter boxes, overhangs, and similar structural
components of the feature.
Unenclosed areas beneath Decks, Balconies, and exterior stairways shall be
exempt from Floor Area calculations unless that area is used as a carport. (See
provisions for garages and carports, Subsection 7.) Enclosed and unconditioned
areas beneath Porches, Gazebos, and Decks or Balconies when those elements
have a finished floor level within thirty (30) inches of the surrounding finished
grade shall be exempt from Floor Area calculations regardless of how that area is
used.
5. Front Porches. Porches on Street - facing fa9ade(s) of a structure developed within
thirty (30) inches of the finished ground level shall not be counted towards allowable
Floor Area. Otherwise, these elements shall be attributed to Floor Area as a Deck.
Area of porch
not exempt
e
t
Exempt area
of porch
6. Patios and Landscape Terraces. Patios and Landscape Terraces developed at
finished grade shall not be counted towards allowable Floor Area. These features
Ordinance No. 27, Series 2010 Page 7
may be covered by roof overhangs or similar architectural projections of up to thirty
(30) inches and remain exempt from Floor Area calculations.
7. Garages and carports. For all multi - family and mixed -use buildings or parcels
containing residential units, 250 square feet of the garage or carport area shall be
excluded from the calculation of floor area per residence on the parcel. All garage and
carport area in excess of 250 square feet per residence shall be attributed towards
Floor Area and Floor Area Ratio with no exclusion. Garage and carport areas for
properties containing no residential units shall be attributed towards Floor Area and
Floor Area Ratio with no exclusion.
In the R -15B Zone District, garage and carport areas shall be excluded from the
calculation of Floor Area up to a maximum exemption of five- hundred - square -foot
total for the parcel.
In zone districts other than the R -15B Zone District, properties containing solely a
Single - Family, two single - family residences, or a Duplex, the garage and carport area
shall be excluded from the calculation of Floor Area as follows:
Table 26.575.020 -2
Size of Garage or Carport Area excluded per primary dwelling unit (not
including Accessory Dwelling Units or Carriage
Houses)
First 0 to 250 square feet 100% of the area
Next 251 to 500 square feet 50% of the area
Areas above 500 square feet No area excluded.
For any property abutting an alley or private road entering at the rear or side of the
property, the garage or carport area shall only be excluded from floor area
calculations as described above if the garage or carport is accessed from said alley or
road. If an alley or private road does exist and is not utilized for garage or carport
access, the garage or carport area shall be attributed towards Floor Area calculations
with no exclusion. If an alley or private road does not abut the property, the garage or
carport area shall be excluded from floor area calculations as described above.
8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included
in the calculation of Floor Area based on the portion of the level exposed above
grade.
The percentage of the gross area of a partially subgrade level to be counted as Floor
Area shall be the surface area of the exterior walls exposed above the lower of natural
and finished grade divided by the total exterior wall area of that level. Subgrade
stories with no exposed exterior surface wall area shall be excluded from floor area
calculations.
Ordinance No. 27, Series 2010 Page 8
Example: If a the walls of a 2,000 square foot level are forty percent (40 %)
exposed above the lower of natural or finished grade then forty percent (40 %)
of that level, 800 square feet is counted as Floor Area.
„off // ei
;' % � � � , � I A A ;;
Window Well
...AI * �` 1� >
l
Exposed — I Percentage of exterior wall that's exposed
equals the amount of subgrade area that will
Area Below more restrictive grade — \ count towards floor area calculation
Figure 26.575.020 - 5: Determining the amount of a subgrade floor to be counted as Floor Area
For the purposes of this section, the exterior wall area to be measured shall be the
interior wall area projected outward and shall not include exterior wall areas adjacent
to foundation or floors of the structure.
Floor Structure
Area of wall to
be used for
subgrade
calculation
Foundation and Floor Structure
Foundation Footer -
Figure 26.575.020 - 4: Measuring the Area of a Subgrade Wall
Ordinance No. 27, Series 2010 Page 9
When considering multi -level subgrade spaces, adjacent interior spaces shall be
considered on the same story if the vertical separation between the ceilings of the
spaces is less than 50% of the distance between the floor and ceiling of either space.
a I
B
A
l
Stairs
r ----*
Space A and B are on the same level, while Space A and
C are on different levels.
Figure 26.575.020 — 6: Determining different building levels
When a partially subgrade space also contains a vaulted ceiling within a pitched roof,
the wall area shall include the area within the gable of the roof.
Area counts
towards wall
calculation
3
1 — r.._...t
"-'ter
Figure 2: Pitched roof with subgrade calculation
Ordinance No. 27, Series 2010 Page 10
For garages that are part of a subgrade area, the garage exemption is taken from the
total gross below -grade area prior to calculating the subgrade exemption. For
example, a 2,000 square foot story containing a 350 square foot garage which is 40%
above grade, the calculation shall be as follows:
Garage exemption — the first 250 square feet is exempt and the next 100 square
feet counts 50% or 50 square feet = 300 square feet of the garage which is
exempt.
Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt
garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of
that level which counts towards allowable Floor Area.
9. Accessory Dwelling Units and Carriage Houses. An accessory dwelling unit or
carriage house shall be calculated and attributed to the allowable floor area for a
parcel with the same inclusions and exclusions for calculating floor area as defined in
this Section.
10. Permanently Affordable Accessory Dwelling Units and Carriage Houses. One
hundred percent (100 %) of the area of an Accessory Dwelling Unit or Carriage House
which is detached from the primary residence and deed - restricted as a "for sale"
affordable housing unit and transferred to a qualified purchaser in accordance with
the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be
excluded from the calculation of floor area, up to a maximum exemption of one
thousand two hundred (1,200) square feet per parcel.
In addition, the allowable floor area of a parcel containing such a permanently
affordable Accessory Dwelling Unit or Carriage House shall be increased in an
amount equal to fifty percent (50 %) of the floor area of the Accessory Dwelling Unit
or Carriage House, up to a maximum bonus of six hundred (600) square feet per
parcel.
11. Sheds, Storage Areas, and similar Accessory Structures. Sheds, storage areas,
greenhouses, and similar uninhabitable accessory structures, not within a garage, are
exempt from floor area limitations up to a maximum exemption of thirty -two (32)
square feet per residence. Storage areas within a garage shall be treated as garage
space eligible for the garage exemption only. Accessory structures thirty -six inches
or less in height, as measured from finished grade, shall be exempt from Floor Area
calculations (also see setback limitations). Accessory structures larger than thirty-two
square feet per primary residence and more than thirty-six inches in height shall be
included in their entirety in the calculation of Floor Area. Properties which do not
contain residential units are not eligible for this Floor Area exemption.
12. Historic Sheds and Outbuildings. The Community Development Director may
provide a parcel containing an uninhabitable and limited function historic shed,
outbuilding, or similar historic artifact with a Floor Area exemption to accommodate
the preservation of the historic resource. The shed or outbuilding must be considered
a contributing historic resource of the property. Functional outbuildings, such as
garages, art studios, home offices, and the like shall not be eligible for an exemption.
Ordinance No. 27, Series 2010 Page 11
The Director may consult the Historic Preservation Commission prior to making a
determination. The Director may require the property's potential to receive Floor
Area bonuses be reduced to account for the structure. The exemption shall be by
issuance of a recordable administrative determination and shall be revocable if the
artifact is removed from the property.
13. Wildlife - Resistant Trash and Recycling Enclosures. Wildlife - resistant trash and
recycling enclosures located in residential zone districts are exempt from floor area
requirements of the zone district regulations if the enclosure is the minimum
reasonably necessary to enclose the trash receptacles in both height and footprint, is
an unconditioned space not located inside other structures on the property, and serves
no other purpose such as storage, garage space, or other purposes unrelated to
protecting wildlife. Wildlife- resistant dumpster enclosures located in commercial,
mixed -use, or lodging zone districts are not exempt from floor area requirements and
shall comply with zone district requirements for Utility /Trash/Recycle areas.
Enclosures shall be located adjacent to the alley if an alley borders the property and
shall not be located in a public right -of -way. Unless otherwise approved by the
Historic Preservation Commission, enclosures shall not abut or be attached to an
historic structure. Enclosures may abut other non - historic structures.
14. Allocation of Non -Unit Space in a mixed -use building. In order to determine the
total floor area of individual uses in a mixed -use building, the total floor area for non -
unit space, which is common to all uses on the property, shall be allocated on a
proportionate basis of the use categories outlined in the subject zone district's FAR
schedule. The building's gross floor area, minus all non -unit space, shall be divided
proportionately amongst the individual use categories in a building. These numbers
shall then be calculated as a percent of the gross floor area number that does not
include the non -unit space. A proportionate share of the non -unit floor area shall then
be allocated towards each use category. This provision shall apply to all zone
districts permitting mixed -use buildings.
For instance, if a building was comprised of the following square footages:
2,000 sq. ft. commercial floor area
+ 4,000 sq. ft. free - market residential floor area
+ 2,000 sq. ft. affordable housing floor area
+ 1,000 sq. ft. nonunit floor area
= 9,000 sq. ft. total floor area
Then the total unit floor area in the building would be eight thousand
(8,000) square feet floor area. Using the allocation of nonunit space
standard, the uses account for the following percentages of the total unit
floor area:
commercial floor area = 25%
free -market residential floor area = 50%
affordable housing floor area = 25%
Ordinance No. 27, Series 2010 Page 12
Therefore, the one thousand (1,000) square feet of non -unit space is
allocated to the different uses as follows:
commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft.
free - market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft.
affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft.
When non -unit space is used exclusively by one use, the space shall be attributed to the
floor area for that use. For example, if a lobby and elevator serve the free - market
residential uses on the property, exclusively, then the area associated with the lobby and
elevator shall be assigned to the floor area for free - market residential uses.
15. Airlocks. Permanently installed interior airlock spaces are exempt from the
calculation of Floor Area Ratio and allowable Floor Area up to a maximum exemption of
100 square feet per building. This exemption only applies to buildings containing non-
residential uses and does not apply to single - family, duplex, or multi - family buildings.
E. Measuring Setbacks.
1. General. Required setbacks shall be unoccupied and unobstructed within an area
extending horizontally from the parcel boundary to the setback line and vertically above
and below grade, excepting allowed projections as described below.
Required setbacks shall be measured perpendicular from all points of the parcel boundary
to the outmost exterior of a structure, including all exterior veneer such as brick, stone or
other exterior treatments, but excluding allowed projections as further described in
subsection E.5, below.
Window Exterior Face
of Framing
Window Sill ��
/ ='
Wood Veneer 1 �
Framing
Stone Veneer ~ M
Ordinance No. 27, Series 2010 Page 13
2. Determining Front, Rear, and Side Yards. The front yard setback shall be measured
from the front lot line. The Front Lot Line shall be the parcel boundary closest to or
dividing a lot from a Street or street right -of -way. All parcels have a front lot line. There
shall not be more than one front lot line.
The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall
be the parcel boundary opposite the front lot line. All parcels have a rear lot line. A
parcel shall have only one rear lot line.
Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those
parcel boundaries other than a front or rear lot line. All parcels will have at least one side
lot line and may have multiple side lot lines.
For corner parcels, the front lot line shall be the parcel boundary along the Street with the
longest block length and the remaining boundary shall be a side lot line.
1
Street Block Length
270'
Front Yard
100' Side
Yard
Allev
•
Corner Lot
Figure 3: Determining Setbacks
For corner parcels where the parcel boundary follows a curving Street, the midpoint of
the curve shall be used to differentiate the front lot line and the side lot line. In this case,
the boundary segment with the shortest Street frontage shall be the front lot line.
Ordinance No. 27, Series 2010 Page 14
r
Side
Yard
j
Street
Front Yard
Figure 4: Corner lot with curved street
For reverse curve lots, the curved portion of the lot line shall be considered the front lot
line and the two opposing parcel boundaries shall be considered side lot lines.
Street
//444.
Front \
Yard
Side Yard
/
Street
%rv� Side Yard
Figure 5: Reverse cue lot
For all double frontage lots with Streets on opposite sides of the parcel, except for those
parcels abutting Main Street, the front lot line shall be the parcel boundary with the
greatest length of Street frontage and the opposing lot boundary shall be the rear lot line.
Ordinance No. 27, Series 2010 Page 15
/ Parcel boundary with greatest length
Street
,
Front
Yard LOT
Street
Rear Yard
Figure 6: Double frontage lot
For double frontage lots with equal length street frontages, the front lot line shall mirror
the front lot lines of the adjoining lots to the extent practical.
For double frontage lots abutting Main Street, the front lot line shall be the lot line
adjoining Main Street.
The Community Development Director shall resolve any discrepancies or situations
where the foregoing text does not provide definitive clarity by issuance of a recordable
administrative determination.
3. Determining required setbacks adjacent to streets or rights- of -way. When a property
does not extend into an adjacent public or private right -of -way or street easement, the
required setback shall be measured from the lot line.
When a property extends into an adjacent public or private right -of -way or street
easement, the required setback for that portion of the lot shall be measured from the edge
of the right -of -way or street easement closest to the proposed structure.
Ordinance No. 27, Series 2010 Page 16
I I 1
i o" !if: ,
Street t,
I 1 I 1 10' setback
a on flag lot.
10' setback �T � ,I�
from right- 1
of -way
Figure 7: Required setback from a right -of -way or street easement
4. Combined Setbacks. Where zoning provisions require a combined yard setback
(either front -rear or side - side), the narrowest point on each yard shall be the basis for
measuring the combined setback. A combined yard requirement may not be met by
staggering the required yard setbacks.
For example, if a lot requires a combined side -yard setback of 30', with a minimum
of 10' on either side, figure 6 shows compliance with the requirement — one side yard
is 10', the other is 20', and each side yard setback is consistent from front to rear.
Given the same example, Figure 7 meets the individual 10' setback requirements, but
the combined setback is staggered and is not consistent from front to rear. This
example does not meet the combined setback requirement.
Ordinance No. 27, Series 2010 Page 17
I
_.
2 ry 1
L _ - L_I 1
- - - �-
Figure 6: Compliance with combined setbacks
-- T r- - - - I .
1 I
1 1111 r- 1 F
I
1
iI: I
Figure 7: Does not comply with combined setbacks
S. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and
below ground except for the following allowed projections:
a. Above or below ground utilities, below -grade heating or cooling conduit or
infrastructure such as a ground- source heat pump system, below -grade dry
wells or other at -grade or below -grade drainage infrastructure.
b. Trees and vegetation.
c. Artwork, sculpture, seasonal displays.
d. Flagpoles, mailboxes, address markers
Ordinance No. 27, Series 2010 Page 18
e. Foundation footers, soil nails or below -grade tiebacks, and similar
improvements necessary for the structural integrity of a building or other
structures.
f. The minimum projection necessary to accommodate exterior mounted utility
junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus
and including any protective structure as may be required by the utility
provider.
g. Building eaves, bay windows, window sills, and similar architectural
projections up to eighteen (18) inches.
h. Balconies not utilized as an exterior passageway may extend the lesser of one-
third (') of the way between the required setback and the property line or four
(4) feet. In no case shall the projection be allowed closer than five (5) feet to
a property line. This projection is allowed for balconies only and does not
permit projections of other improvements, such as garages or carports.
i. The minimum projection necessary to accommodate light wells and exterior
basement stairwells as required by adopted Building or Fire Codes as long as
these features are entirely recessed behind the vertical plane established by the
portion of the building fagade(s) closest to any Street(s).
If any portion of the feature projects into the setback, the entire feature may be
no larger than the minimum required.
Features required for adjacent subgrade interior spaces may be combined as
long as the combined feature represents the minimum projection into the
setback. There is no vertical depth limitation for these features.
This exemption does not apply to Areaways. This exemption does not apply
to light wells and exterior basement stairwells which are not required by
adopted Building or Fire Codes.
j. The minimum projection necessary to accommodate an exterior -mount fire
escape to an existing building, as may be required by adopted Building or Fire
Codes.
k. Uncovered porches, landscape terraces, slabs, patios, walks, landscape walls,
earthen berms, retaining walls, steps and similar structures, which do not
exceed thirty (30) inches vertically above or below natural grade or finished
grade, whichever is more restrictive. (Also see Chapter 26.410 — Residential
Design Standards for limits on the location of berms.) Improvements may be
up to thirty (30) inches above and below grade simultaneously, for up to a
sixty (60) inch total. Improvements may exceed thirty (30) inches below grade
if determined to be necessary for the structural integrity of the improvement.
(See Figure 7).
1. Drainage swales, stormwater retention areas, bio retention areas, rain
collection systems, and similar stormwater retention, filtration or infiltration
Ordinance No. 27, Series 2010 Page 19
devices or facilities are permitted in setbacks as long as the finished grade of
the top of the improvement does not exceed thirty (30) inches vertically above
or below the surrounding finished grade. Stormwater improvements or
portions thereof may be buried and exceed thirty (30) inches below grade as
long as the finished grade above the facility does not exceed thirty (30) inches
vertically above or below the surrounding finished grade. These features may
be up to thirty (30) inches above and below finished grade simultaneously.
m. Hot tubs, spas, pools, water features, and permanently affixed outdoor grills,
furniture, seating areas, and similar permanent structures are prohibited in all
yards facing a Street. These elements may be placed within non - street facing
yards but shall not exceed thirty (30) inches above or below finished grade.
These features may be up to thirty (30) inches above and below finished grade
simultaneously. Improvements may exceed thirty (30) inches below grade if
necessary for the structural integrity of the improvement.
n. Heating and air conditioning equipment and similar mechanical equipment are
prohibited in all yards facing a Street. Mechanical equipment may be placed
within non - street facing yards but shall not exceed thirty (30) inches above or
below finished grade. These features may be up to thirty (30) inches above
and below finished grade simultaneously. The Planning and Zoning
Commission may consider exceptions to this requirement pursuant to the
procedures and criteria of Chapter 26.430 — Special Review.
o. The height and placement of energy efficiency or renewable energy
production systems and equipment which are located adjacent to or
independent of a building shall be established by the Planning and Zoning
Commission pursuant to the procedures and criteria of Chapter 26.430 —
Special Review. These systems are discouraged in all yards facing a Street.
For energy production systems and equipment located on top of a structure,
see sub - section F.4.
p. Fences and hedges less than forty -two (42) inches in height, as measured from
finished grade, are permitted in all required yard setbacks. Fences and hedges
up to six (6) feet in height, as measured from finished grade, are permitted
only in areas entirely recessed behind the vertical plane established by the
portion of the building facade which is closest to the Street. This restriction
applies on all Street- facing facades of a parcel. (Also see Section 26.575.050
— Supplementary Regulations for limitations on fence materials.)
Ordinance No. 27, Series 2010 Page 20
Spa
717 30"
Area below grade r
Figure 7 — 30" Calculation
d )
72" fence
height
42" fence I t
height
v � I :�'
J ;;,
Front
k � !' facade line
of house
Figure 8
q. Driveways not exceeding twenty -four (24) inches above or below natural
grade within any setback of a yard facing a Street. Within all other required
setbacks, finished grade of a driveway shall not exceed thirty (30) inches
above or below natural grade.
r. Parking may occur in required setbacks if within an established driveway or
parking area and the curb cut or vehicular access is from an alleyway, if an
alleyway abuts the property, or has otherwise been approved by the City.
s. Non - permanent features which are not affixed to the ground such as movable
patio furniture, outdoor seating or a picnic table, barbeque grills, children's
Ordinance No. 27, Series 2010 Page 21
play equipment, and similar non - permanent features which are not affixed to
the ground. This exemption shall not allow storage sheds or containers.
t. Wildlife - resistant Trash and Recycling enclosures located in residential zone
districts shall be prohibited in all yards facing a Street. These facilities may be
placed within non - street facing yards if the enclosure is the minimum
reasonably necessary in both height and footprint, is an unconditioned space
not integrated with other structures on the property, and serves no other
purpose such as storage, garage space, or other purposes unrelated to
protecting wildlife. Wildlife - resistant trash and recycling enclosures located
in commercial, mixed -use, or lodging zone districts are not exempt from
setback requirements and shall comply with zone district requirements for
Utility /Trash/Recycle areas.
Temporary intermittent placement of trash and recycling containers in or
along yards facing a Street is allowed. For example, on "trash day."
Enclosures shall be located adjacent to the alley where an alley borders the
property and shall not be located in a public right -of -way. Unless otherwise
approved by the Historic Preservation Commission, enclosures shall not abut
or be attached to a historic structure. Enclosures may abut other non - historic
structures.
F. Measuring Building Heights.
1. For properties in the Commercial Core (CC), Commercial (C1), Commercial
Lodge (CL), Neighborhood Commercial (NC) and Service Commercial Industrial
(SCI) Zone Districts, the height of the building shall be the maximum distance
between the ground and the highest point of the roof top, roof ridge, parapet, or
top -most portion of the structure. See subsection 3, below, for measurement
method.
2. For properties in all other Zone Districts, the height of the building shall be
measured according to the pitch of the roof as follows. See subsection 3, below,
for measurement method.
a. Flat roofs or roofs with a pitch of less than 3:12. The height of a building
with a roof pitch of less that 3:12 shall be measured from the ground to the
top -most portion of the structure.
Ordinance No. 27, Series 2010 Page 22
i
(111
Roof pitch
Parapet F 3:12 or less
wall
Height Height of
Building
r
J
Figure 8: Measuring height for flat roofs or roofs with less than 3:12 pitch
b. Roofs with a pitch from 3:12 to 7:12. The height of a building with a roof
pitch from 3:12 to 7:12 shall be measured from the ground to the point of the
roof vertically halfway between the eave point and the ridge. There shall be
no limit on the height of the ridge.
Midpoint between eave pt. and ridge
Ridge
Eave Point
Height
Figure 9: Measuring height for roofs with pitch from 3:12 to
7:12
c. Roofs with a pitch greater than 7:12. The height of a building with a roof
pitch greater than 7:12 shall be measured from the ground to the point of the
roof vertically one -third ('/) of the distance up from the eave point to the
ridge. There shall be no limit on the height of the ridge.
Ordinance No. 27, Series 2010 Page 23
1 /3 point between
eave pt. and Ridge
Ridge
Eave Point
Height
Figure 10: Measuring height for roof with pitch greater than
7:12
d. For roofs with multiple pitches within one vertical plane, the height of the roof
shall be measured by drawing a line within a vertical section between the
ridge and the Eave Point(s) and then applying the methodology for the
resulting pitch of said line(s) as described above.
e. For barrel -vault roofs, height shall be measured by drawing a line within a
vertical section between the top -most point of the roof and the Eave Point(s)
and then applying the methodology for the resulting pitch of said line(s) as
described above.
f. For "shed" roofs with a single - pitch, the methodology for measuring shall be
the same as described above according to the slope of the roof and by using
the highest point of the roof as the ridge.
g. Dormers shall be excluded from the calculation of height if the footprint of the
dormer is 50% or less of the roof plane on which the dormer is located and the
ridge of the dormer is not higher than the ridge of the roof on which it is
located. If there are multiple dormers on one roof plane, the aggregate
footprint shall be used. Otherwise, dormers shall be included in the
measurement of height according to the methods described above.
3. Height Measurement Method. In measuring a building for the compliance with
height restrictions, the measurement shall be the maximum distance measured
Ordinance No. 27, Series 2010 Page 24
vertically from the ground to the specified point of the building located above that
point, as further described below:
a. Measuring height along the perimeter of the building. At each location
where the exterior perimeter of a building meets the ground, the
measurement shall be taken from the lower of natural or finished grade.
Building permit plans must depict both natural and finished grades.
b. Measuring height within the footprint of the building. For the purposes of
measuring height within the footprint of a building, areas of the building
within 15 horizontal feet of the building's perimeter shall be measured
using the perimeter measurement, as described above. In all other areas,
the natural grade of the site shall be projected up to the allowable height
and the height of the structure shall be measured using this projected
topography.
In instances where the natural grade of a property has been affected by
prior development activity, the Community Development Director may
accept an estimation of pre - development topography prepared by a
registered land surveyor or civil engineer. The Director may require
additional historical documentation, technical studies, reports, or other
information to verify a pre - development topography.
If necessary, the Community Development Director may require an
applicant document natural grade, finished grade, grade being used within
the footprint of the building, and other relevant height limitation
information that may need to be documented prior to construction.
c. Measuring to the roof — The high point of the measurement shall be taken
from the surface of a structure's roof inclusive of the first layer of exterior
sheathing or weatherproofing membrane but excluding exterior surface
treatments such as shakes, shingles, or other veneer treatments or
ornamentation.
When measuring roofs to a point between the ridge and the eave point, the
eave point shall be the point where the plane of a roof intersects the plane
of the exterior wall. The roof and wall planes shall be of the nominal
structure, excluding all exterior treatments.
Ordinance No. 27, Series 2010 Page 25
Eave Point
I /
1 Exterior Sheathing
Figure 11: Eave Point and Exterior Sheathing of a Roof.
4. Allowed Exceptions to Height Limitations
a. Chimneys, flues, and similar venting apparatus. Chimneys, flues, vents, and
similar venting apparatus may extend no more than ten (10) feet above the
height of the building at the point the device connects. For roofs with a pitch
of 8:12 or greater, these elements may not extend above the highest ridge of
the structure by more than required by adopted building codes or as
otherwise approved by the Chief Building Official to accommodate safe
venting. To qualify for this exception, the footprint of these features must be
the minimum reasonably necessary for its function the features must be
combined to the greatest extent practical. Appurtenances such as hoods,
caps, shields, coverings, spark arrestors, and similar functional devices or
ornamental do -dads shall be contained within the limitations of this height
exception.
b. Communications Equipment. Antennas, satellite dishes, and similar
communications equipment and devices shall comply with the limitations of
Section 26.575.130 — Wireless Telecommunication Services Facilities and
Equipment.
c. Elevator and Stair Enclosures. On structures other than a single - family or
duplex residential building or an accessory building, elevator overrun
enclosures and stair enclosures may extend up to five (5) feet above the
specified maximum height limit.
Ordinance No. 27, Series 2010 Page 26
Elevator and stair enclosures may extend up to ten (10) feet above the
specified maximum height limit if set back from any Street facing facade of
the building a minimum of fifteen (15) feet and the footprint of the elevators
or stair enclosures are minimized and combined to the greatest extent
practicable.
For single - family and duplex residential buildings and for accessory buildings,
elevator and stair enclosures are not allowed a height exception.
d. Rooftop Railings. On any structure other than a single - family or duplex
residential building, rooftop railings and similar safety devices permitting
rooftop access may extend up to five (5) feet above the height of the building
at the point the railing connects. To qualify for this exception, the railing
must be the minimum reasonably necessary to provide adequate safety and
building code compliance and the railing must be 50% or more transparent.
For single - family and duplex residential buildings, rooftop railings shall not
be allowed a height exception.
e. Mechanical Equipment. Heating, ventilation, and air conditioning systems, and
similar mechanical equipment or utility apparatus located on top of a
building may extend up to five (5) feet above height of the building at the
point the equipment is attached. Mechanical equipment shall be combined
and co- located to the greatest extent practicable.
f. Energy Efficiency or Renewable Energy Production Systems and Equipment.
Energy efficiency systems or renewable energy production systems and
equipment including solar panels, wind turbines, or similar systems and the
system's associated equipment which is located on top of a building may
extend up to five (5) feet above the height of the building at the point the
equipment is attached.
On any structure other than a single - family or duplex residential building or
an accessory building, these systems may extend up to ten (10) feet above
height of the building at the point the equipment is attached if set back from
any Street facing facade of the building a minimum of fifteen (15) feet and
the footprint of the equipment is minimized and combined to the greatest
extent practicable. Certain additional restrictions may apply pursuant to
Chapter 26.412, Commercial Design Review.
The height and placement of energy efficiency or production systems which
are not located on top of a building (located independent of a building) shall
be established by the Planning and Zoning Commission pursuant to the
procedures and criteria of Chapter 26.430 — Special Review. (Also see
setback requirements for these systems at sub - section E.5.)
g. Church spires, bell towers and like architectural projections on Arts, Cultural
and Civic buildings may extend over the height limit as may be approved
pursuant to Commercial Design Review.
Ordinance No. 27, Series 2010 Page 27
h. Flag poles may extend over the specified maximum height limit.
i. Exceptions for buildings on slopes. For properties with a slope that declines
from the front lot line, the maximum height of a buildings front (street- facing)
facade may extend horizontally for the first thirty (30) feet of the building's
depth.
j. Exceptions for light wells. Exceptions for light wells and basement stairwells.
A light well or basement stairwell, limited to that area required to meet
adopted Building or Fire Codes, entirely recessed behind the vertical plane
established by the portion of the building fagade(s) closest to any Street(s),
and enclosed on all sides to within eighteen (18) inches of the first floor level
(e.g. not a walk -out style light well) shall not be counted towards maximum
permissible height.
k. Exceptions for Areaways. An Areaway no more than one hundred (100)
square feet, entirely recessed behind the vertical plane established by the
portion of the building fagade(s) closest to any Street(s), not projecting into
any required setback, and enclosed on all sides to within eighteen (18) inches
of the first floor level (e.g. not a walk -out) shall not be counted towards
maximum permissible height.
G. Measuring Site coverage. Site coverage is typically expressed as a percentage.
When calculating site coverage of a structure or building, the exterior walls of the
structure or building at ground level should be used. When measuring to the exterior
walls, the measurement shall be taken from the exterior face of framing, exterior face of
structural block, or similar exterior surface of the nominal structure excluding sheathing,
vapor barrier, weatherproofing membrane, exterior - mounted insulation systems, and
excluding all exterior veneer and surface treatments such as stone, stucco, bricks,
shingles, clapboards or other similar exterior veneer treatments. Porches, roofs or
balcony overhangs, cantilevered building elements and similar features extending directly
over grade shall be excluded from maximum allowable site coverage calculations.
H. Measurement of Demolition. The City Zoning Officer shall determine if a building
is intended to be or has been demolished by applying the following process of
calculation:
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram
showing the following:
1. The surface area of all existing (prior to commencing development) exterior wall
assemblies above finished grade and all existing roof assemblies. Not counted in
the existing exterior surface area calculations shall be all existing fenestration
(doors, windows, skylights, etc.).
Ordinance No. 27, Series 2010 Page 28
2. The exterior surface area, as described above, to be removed. Wall area or roof
area being removed to accommodate new or relocated fenestration shall be
counted as exterior surface area being removed.
3. The diagram shall depict each exterior wall and roof segment as a flat plane with
an area tabulation.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that
element in addition to the necessary subsurface components for its structural integrity,
including such items as studs, joists, rafters etc. If a portion of a wall or roof structural
capacity is to be removed, the associated exterior surface area shall be diagrammed as
being removed. If a portion of a wall or roof involuntarily collapses, regardless of the
developer's intent, that portion shall be calculated as removed. Recalculation may be
necessary during the process of development and the Zoning Officer may require updated
calculations as a project progresses.
Replacement of fenestration shall not be calculated as wall area to be removed. New,
relocated or expanded fenestration shall be counted as wall area to be removed.
Only exterior surface area above finished grade shall be used in the determination of
demolition. Sub -grade elements and interior wall elements, while potentially necessary
for a buildings integrity, shall not be counted in the computation of exterior surface area.
According to the prepared diagram and area tabulation, the surface area of all portions of
the exterior to be removed shall be divided by the surface area of all portions of the
exterior of the existing structure and expressed as a percentage. The Zoning Officer shall
use this percentage to determine if the building is to be or has been demolished according
to the definition in Section 26.104.100, Demolition. If portions of the building
involuntarily collapse, regardless of the developer's intent, that portion shall be calculated
as removed.
It shall be the responsibility of the applicant to accurately understand the structural
capabilities of the building prior to undertaking a remodel. Failure to properly
understand the structural capacity of elements intended to remain may result in an
involuntary collapse of those portions and a requirement to recalculate the extent of
demolition. Landowner's intent or unforeseen circumstances shall not affect the
calculation of actual physical demolition. Additional requirements or restrictions of this
Title may result upon actual demolition.
L Measurement of Net Leasable Commercial Space. The calculation of Net
Leasable Space shall include all interior space of a building measured from interior wall
to interior wall, including interior partitions and inclusive of all areas which can be leased
to an individual tenant including offices, hallways, meeting rooms, display areas,
showrooms, kitchens, dining rooms, coat rooms, bathrooms, storage, storage rooms,
walk -in refrigerators or freezers, changing rooms, waiting rooms and similar space which
may be leased to a tenant. The calculation of Net Leasable Space shall exclude common
areas of a building not intended or designed to be leased to an individual tenant such as
common bathrooms, common stairways, common circulation corridors, common
Ordinance No. 27, Series 2010 Page 29
mechanical areas, common storage areas or similar common spaces not intended or
designed to be leased to an individual tenant.
Permanently installed interior airlock spaces are exempt from the calculation of net
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks of more
than 10 square feet, installed on the exterior of a building, shall be considered Net
Leasable Area and shall be subject to all requirements of the Land Use Code, including
employee mitigation, prorated according to the portion of the year in which it is installed.
Unless specifically exempted through other provisions of this Title, outdoor displays
outdoor vending, and similar commercial activities located outside (not within a building)
shall also be included in the calculation of Net Leasable Space. The calculation of such
area shall be the maximum footprint of the display or vending apparatus. For vending
carts or similar commercial activities requiring an attendant, the calculation shall also
include a reasonable amount of space for the attendant. Vending machines shall not be
considered net leasable commercial space.
J. Measurement of Net Livable Area. The calculation of Net Livable Area shall
include all interior space measured from interior wall to interior wall, including interior
partitions and inclusive of, but not limited to, entryways or lobbies dedicated to only one
unit, finished or unfinished basements which are or can be made habitable, and storage
areas, closets and laundry areas accessible from the interior of a unit. Net livable Area
shall not include common circulation areas, common lobbies, common stairwells,
common elevator corridors, or similar common spaces not intended or designed to be
occupied by an individual tenant. Net Livable Area shall not include uninhabitable
basements, mechanical areas, stairs, unconditioned storage accessible only from the
exterior, garages, carports, patios, decks, porches or similar spaces.
K. Exceptions for Energy Efficiency. The Community Development Director may
approve exceptions to the dimensional restrictions of this Section to accommodate the
addition of energy production systems or energy efficiency systems or equipment in or on
existing buildings when no other practical solution exists. The Community Development
Director must first determine that the visual impact of the exemption is minimal and that
no other reasonable way to implement energy production or efficiency exists. The
Director may require notice be provided to adjacent landowners. Approval shall be in the
form of a recordable administrative decision.
L. Exceptions for Building Code Compliance. The Community Development
Director may approve exceptions to the dimensional restrictions of this Section to
accommodate improvements required to achieve compliance with building, fire, or
accessibility codes in or on existing buildings when no other practical solution exists.
The Community Development Director must first determine that the visual impact of the
exemption is minimal and that no other reasonable way to implement code compliance
Ordinance No. 27, Series 2010 Page 30
exists. The Director may require notice be provided to adjacent landowners. Approval
shall be in the form of a recordable administrative decision.
M Appeals. An applicant aggrieved by a decision made by the Community
Development Director regarding this Calculations and Measurements Section may appeal
the decision to the Administrative Hearing Officer, pursuant to Chapter 26.316.
Section 2:
Section 26.575.040 — Yards which section describes the allowances and limitations on
development within required yards (aka setbacks) shall be amended to read as follows:
26.575.040 — Reserved
Section 3:
Section 26.410.040.B.1 — Secondary Mass — which section describes the design
requirements for residential structures, shall be amended as follows:
1. Secondary mass. All new single - family and
duplex structures shall locate at least ten
percent (10 %) of their total square footage
above grade in a mass which is completely
detached from the principal building or linked
Wi
to it by a subordinate linking element. This
standard shall only apply to parcels within the
Aspen infill area pursuant to Subsection
26.410.010.B.2. Accessory buildings such as
garages, sheds and accessory dwelling units
are examples of appropriate uses for the
secondary mass.
A subordinate linking element for the purposes of linking a primary and
secondary mass shall be at least ten (10) feet in length, not more than ten (10) feet
in width, and with a plate height of not more than nine (9) feet. Accessible
outdoor space over the linking element (e.g. a deck) is permitted but may not be
covered or enclosed. Any railing for an accessible outdoor space over a linking
element must be the minimum reasonably necessary to provide adequate safety
and building code compliance and the railing must be 50% or more transparent.
Ordinance No. 27, Series 2010 Page 31
Section 4:
Chapter 26.710 — Zone Districts — which Chapter defines and describes use and
dimensional allowances and limitations of development according to zone district
designations, shall be amended by using the term Gross Lot Area to describe minimum
required parcel sizes and the term Net Lot Area for all other dimensional allowances.
The affected Sections within the Chapter are:
26.710.040.D. 26.710.050.D. 26.710.060.D. 26.710.070.D 26.710.080.D
26.710.090.D 26.710.100.D 26.710.110.D 26.710.120.D 26.710.130.D
26.710.140.D 26.710.150.D 26.710.160.D 26.710.170.D 26.710.180.D
26.710.190.D 26.710.200.D 26.710.220.D
These Sections shall be amended as provide in the following example:
26.710.050.D. Dimensional requirements. The following dimensional requirements
shall apply to all permitted and conditional uses in the Moderate - Density Residential (R-
15) Zone District.
1. Minimum Gross Lot Area (square feet): fifteen thousand (15,000). For lots
created by Section 26.480.030.A.4, Historic landmark lot split: three thousand
(3,000).
2. Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwelling: 15,000. For historic landmark properties:
3,000.
b. Duplex: 7,500. For historic landmark properties: 3,000.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): Seventy -five (75). For lots created by Section
26.480.030.A.4, Historic landmark lot split: Thirty (30).
4. Minimum front yard setback (feet):
a. Residential dwellings: twenty -five (25).
b. Accessory buildings and all other buildings: thirty (30).
5. Minimum side yard setback (feet): Ten (10).
6. Minimum rear yard setback (feet):
a. Principal buildings: 10
b. Accessory buildings: 5
7. Maximum height (feet): Twenty -five (25).
8. Minimum distance between detached buildings on the lot (feet): Ten (10).
9. Percent of open space required for building site: No requirement.
10. External floor area ratio (applies to conforming and nonconforming lots of
record):
Ordinance No. 27, Series 2010 Page 32
Net Lot Allowable Floor Area for Allowable Floor Area for Two
Area Single- Family Residence* Detached Dwellings or One Duplex*
(Square
Feet)
0 -3,000 80 square feet of floor area for each 90 square feet of floor area for each
100 square feet in Net Lot Area, up 100 square feet in Net Lot Area, up to
to a maximum of 2,400 square feet a maximum of 2,700 square feet of
of floor area floor area
3,000 -9,000 2,400 square feet of floor area, plus 2,700 square feet of floor area, plus 30
28 square feet of floor area for each square feet of floor area for each
additional 100 square feet in Net Lot additional 100 square feet in Net Lot
Area, up to a maximum of 4,080 Area, up to a maximum of 4,500
square feet of floor area square feet of floor area.
9,000— 4,080 square feet of floor area, plus 4,500 square feet of floor area, plus 7
15,000 7 square feet of floor area for each square feet of floor area for each
additional 100 square feet in Net Lot additional 100 square feet in Net Lot
Area, up to a maximum of 4,500 Area, up to a maximum of 4,920
square feet of floor area square feet of floor area
15,000— 4,500 square feet of floor area, plus 4,920 square feet of floor area, plus 6
50,000 6 square feet of floor area for each square feet of floor area for each
additional 100 square feet in Net Lot additional 100 square feet in Net Lot
Area, up to a maximum of 6,600 Area, up to a maximum of 7,020
square feet of floor area square feet of floor area
50,000+ 6,600 square feet of floor area, plus 7,020 square feet of floor area, plus 3
2 square feet of floor area for each square feet of floor area for each
additional 100 square feet in Net Lot additional 100 square feet in Net Lot
Area. Area.
Section 5:
Section 26.104.100 — Definitions, which section describes the meaning of terms used in
the Land Use Code, shall be amended by replacing the following three terms and
definitions, as follows:
Net leasable commercial and office space. Those areas within a commercial
or office building which are permitted to be leased to a tenant and occupied for
commercial or office purposes. (Also see Section 26.575.020 — Calculations and
Measurements.)
Net livable area. The areas within a building designed to be used for
habitation and human activity. (Also see Section 26.575.020 — Calculations and
Measurements.)
Ordinance No. 27, Series 2010 Page 33
Net Lot area. The total horizontal area contained within the lot lines of a lot
or other parcel of land less those areas of the property affected by certain physical
or legal conditions. (Also see Section 26.575.020, Calculations and
Measurements).
Landscape terrace. An outdoor uncovered, at -grade space which may be
paved or planted.
Linked pavilion. An enclosed walkway connecting a primary structure to an
accessory structure.
Porch. An uninsulated, unheated area under a roof, enclosed on at least one
side by an exterior wall of a building and open on at least two sides to the outdoors,
with or without screens.
Lot line. from The property boundary dividing a lot from a street or street
right -of -way, alley, or an adjacent parcel.
Lot linc, rear. The lot line oppositc the front lot lino.
Section 6:
Section 26.104.100 — Definitions, which section describes the meaning of terms used in
the Land Use Code, shall be amended by including the following term and definition:
Gross Lot area. The total horizontal area contained within the lot lines of a
lot or other parcel of land.
Patio. An outdoor uncovered, at -grade space which may be paved or unpaved.
(A "covered patio" connected to a living space or building is considered a Porch.
A "covered patio" not connected to any other building is considered a Gazebo. A
"sunken patio" is considered an Areaway. )
Gazebo. An uninsulated, unheated area under a roof, not connected to any
other building and open on all sides to the outdoors, with or without screens.
Areaway. An outdoor uncovered space developed below the grade of the
surrounding ground which may provide exterior access from a basement or lower
level of a building and which may incorporate or be independent of required egress.
Light well. An outdoor uncovered space developed below the grade of the
surrounding ground which provides egress from a basement or lower level of a
building as required by adopted building or fire codes.
Dormer. A small gable or shed roof projecting above the slope of the primary
roof of a building. A dormer usually covers a vertical window.
Section 7:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
Ordinance No. 27, Series 2010 Page 34
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 8:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 9:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 10:
Public hearings on the Ordinance were held on the 8 day of November, 2010, at 5:00 p.m.
and on the 10th day of January, 2011, at 5:00 p.m. in the City Council Chambers, Aspen City
Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same
was published in a newspaper of general circulation within the City of Aspen.
Section 11:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 25 day of October, 2010.
Attest:
//they a ii .✓
:eta APA Kathryn S. flch, Michael C. Ireland,
City Clerk Mayor
FINALLY, adopted, passed and approved this 10 day of January, 2011.
Attest:
ledic Sat
Kathryn S. J. , Michael C. Irelan ' ,
City Clerk Mayor
Approved as to form:
ttorney
Ordinance No. 27, Series 2010 Page 35
Fri, Dec 17,2010 13:49:56
5750601 >tall/0
re
Ad Ticket #5
A 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920-5064 Address: 130 S Galena St
E-Mail: ANGELA SCOREY
Client:
Caller: Kathryn City: Aspen
_Receipt State: CO Zip: 81611
Ad Name: 5750601D Original Id: 0
Editions: 8ATI/8ATW/ Class: 0990
Start: 10131/10 Stop: 10/31/10
Color: Issue 1
Copyline: pi of 3 - Ordinance 27 Rep: AT Legals
Lines: 0 .
Depth: 13 ce
Columns: 5
Discount: 0.00
Commission: 0.00
Net 0.00
eni-f-f?ff;-7=r
Tax: 0.00
Total 394.55 1 -r
ri
Payment 394.55 I
tr.
:± iffe t a; ; E: t irtf i ff
Ad shown is not actual print size
20 Public Notice Sunday, October 31, 2010 • Aspen Times Weekly
ORDINANCE Na 27 thousand 1 1,000) square feet of Floor Area
(SERIES OF 2010) 3. Areas of a property within a shared driveway easement shall not be excluded
from Lot Area only If both properties abut a public or private right -of -way and neither
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, property is dependent on the shared driveway to gain access.
AMENDING THE FOLLOWING SECTIONS OF THE D. Measuring Floor Area. In measuring floor areas for floor area ratio and allowable
CITY OF ASPEN LAND USE CODE: floor area, the following applies:
1. General. I ring a building for the purposes of calculating floor area ratio 1
26. 575020 - CALCULATIONS AND MEASUREMENTS and allowable floor ea, there b ded all areas within the surroundin �` Floor Structure
26104'00 DEFINITIONS exterior II of the building g I `—
garportiontheree t When measuring the exterior
walls, th t shall be taken from the face of stud, exterior face ��
WHEREAS the Community Devel Director of the City of Aspen initiated of structural bl k similar exterior surface of the - structure d' `
an application proposing amendments to the Land Use Code pursuant to Chapter sheath" t
26310 and, & e barrier, wea terior
proofing membrane, exterior-mounted in tone n
WHEREAS, the amendments quested relate to Section 26575.020 of the Land syste tl cl d' g all exeror veneer antl t t nts such as stone
Use Code ofthe AS stucc bricks shingle; clapboards or others l exterior veneer treatments. (Also, Area of wall to
penM icpal Code; and, see provisions for setbacks - ")). be used for
WHEREAS pursuant to Section 26.310, applications to amend the text of Title 26
su
of the Municipal C d e shall b d and recommended i for approval, approval bulade
with cif denial by thCommunity Development Dector and then by the OUTSIDE alcafon
NSIDE
Planning a d Z g< ta gthe hearing Yon shall be by City Foundation and Floor Structure
Council after reviewing and considering th erecomme recommendations :and,
WHEREAS the Director recommended approval of amendments to the above - - -"
listed s I further described n and, " V-
WHEREAS the Planning dZ g C held duly noticed pubic !1 Foundation Footer .z�
hearing t consider theproposed tl t described h in on June 1 2010 Window and) 152010[ fe d considered public testimony d th recommendation Line
L
of the Director d recommended, by four to (o-0 t CtyC l adopt Oe Window 531 F'gure2 S bg d Wall
proposed amendments; d Example: Itfift
the Aspen CtyCouncil M1 d and de tltM1 J Wood Veneer �L � p percent (15 %1 of the exterior surface wall area has been exposed
WHEREAS
recommended h g to the L d Cod tl the applicable p tithe tl / a t finished grade ect story is lower) then fifteen area. percent the
reco
Municipal C d identified heren has reviewed and considered the Stone Veneer I gross square footage ofthe subject zmry wll be included as floor area.
•
of the Community Development Di t the Planning and ZOn g C msson and t
has tak d considered publ' nt at a public hearing; and,
WHEREAS the City Council fi d that the proposed text amendments to the yf
Land Use Code eet or exceed all applicable standards and that the approval of the n —I I
elements of the Aspen Area Community
proposal - consistent with the g and ^..l
Plan and,
WHEREAS t City h, finds that and w ord "nonce furthers and is necessary for
- - s
the promotion /public health safety and welfare. a__ Stb k eaured to - -4 Floor Area Measured to
edge f veneer Exterior Sheathing ` Xti
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Figure 1. Exterior Veneer t
OF ASPEN COLORADO as follows.
afoot 2. Vertical - Iation.Wher calculating areas with stairs or an elevator connecting g ` l �, �
separate levels of a structure the element shall be counted on every floor which is ✓ AA, `fi^ d
Section 26375020 Calculations and Measurements of the City of Aspen Land connected by the element. For elevators each stop of the elevator shall be counted ��i t ! y{ rh'"
Use Cod which section authorizes defines describes and depicts how various as va
if solid c4r!e'
measurements and calculations regarding development are to be accomplished shall 3. Attic Space. Unfinished uninhabitable space between the cell �'
/II roof raft of astructure which's e'mer'naccesi ble0 access ble trot ceiling
Window Well 4
read 26.575020 C [ ns and Measurements. of necessity Yasa ma M1
A. Purpose This f sets forth methods for measuring oor area height, Ypaceisctnom the calculation of Area Ratio and allowable ma de
9 ha If space s conveniently t accessible and is Th M1 Ratio l io or aanwemeF
allowances, k l oth dimensional other pro of development and describes certain Area
components, sucn as porches, balconies, garages chimneys mechanical eq le tshallbe counted' n me calculatipin of Floor Area RaYOandallowable Floor L.
r_
requrement and tM1 pescrptons for a range of structural
Axa ples:
s
u omen[ Exam
projections - t yards et. The definitions of the terms are set forth at Section a. An area created bya 'hung "or "false"ce ling is exempt. Exposed 15 %E posed 15% of Floor counts as
26.104.100. b. An area accessible only through an exterior access panel or crawl Total ter or wall are floor area
space is exempt.
B. Limitations. The prescribed dimensional requirements and specific allowances c. An area accessible only through an Interior pull -down access ladder is exempt Figure 3: SUbgratle Calculation
and limitations, such as height, setbacks etc., of distinct structural components shall d. A sleeping loft accessible via a stairway or a ladder shall be counted.
not be aggregated or combined in a manner that extends beyond the dimensional e. An unfinished space which has convenient access shall be counted. considered on t h of this stograGee vertical separation interior ween the ceshzllbe
limitations of any distinct allowance of an individual structural tour pace w considered on the same story if the venial separation between the ceilings ofthe
component or in a spaces is 50% or less than the distance between the floor and ceiling of either space.
manner that creates or extends the specific nature of a non-conforming structure. For If any portion of the attic level ofastructure is to be counted, then the entire level shall 0 Accessory Dwellin tg and Carria H
example, if a deck is permitted to be developed within five feet of a property boundary be included in the calculation of Floor Area Ratio and allowable Floor Areas carriage house shall calculated thaallowabltlwablo floor unit or
and a garage must be a minimum of ten feet from the same property boundary, a of other r a
practical limitations to routine use. Exempt from the calculation of Fl c
Floor same inclusions nc i and d d exclusions for attributed the alto calculating floor area as defn
garage with a deck on top of it may not be developed any closer than ten feet from Area and Floor Area Ratio shall be areas with 30 vertical inches or less between the thisSection. unless eligible for an exemption asdescribedbelowo area as defined in
she property boundary or otherwise produce an aggregated structural component that finished floor level and the finished ceiling, regardless of how that space is accessed Detached and
extends beyond the setback limit ofa garage. or used, permanently affordable ADU or carriage house Floor area exemption.
One hundred percent (10096) of the Fl area area of an ADU or carriage house which is
Non-conforming aspects ofa property Or structure are limited to the specific 4. Decks Balconies Lp detached from the primary residence a deed-restricted as a "for sale"at
of the on- con e- conformity. of a property stru are ts ofa oars ofa rutairways a`d nonlrereof shall housing unit and transferred to a qualified purchaser in accordance with the Aspen/
property cannot be The calculation ofthe Floor Area of a building or a portion thereof shall not Include Pitkin County Housing Authority Guidelines, as amended, shall be excluded from the
converted or exchanged in a manner that creates or extends a different specific non- decks, balconies, exterior stairways, non Street - facing porches, gazebos and similar calculation of floor per area,
parcel.
from a maximum exemption of one thousand two hundred
conforming aspect of a property. For example, a property that exceeds the allowable features, unless the area of these features is greater than fifteen
floor area and contains deck area that exceeds the amount which ma be exem ted - percent (15%) of the la Af i square feet inflo cel.
from floor area cannot convert deck space to additional interior space p maximum oft erpr/perne property allowable 000r Area, only features exceeds Ir.u�r B pe parcel r containing single-family
percent o t of the property's 5%) sh ellowzble ld towarda. s the maximum loc
ated n e t he sate parcel el permanently
which haslbeen transferred rerrer sale" gDUfed purchaser s in or C Measuring Net Lot Area.A
areas
towa excess lo Area for the percent Thher eallf the attributed shadsMeeaximum accordncebehthearcelwiY¢h County HAuthority qualified
g property's development are derived from Net allowable Floor Areafor the property The area of these features bathe p qua purchaserin
Lot Area. This is a figure that accounts for the presence of stee to maximum accordance the apodabllnousnry HOUSare bonus Guidelines, less than ps r cal easements, mumfan si the feature of to f ea t reating, fixed planter boxes, sercl 150%}loftheflaffordable r re of the floor ted ADU or housleus t afifty •
areas under Lot Area is similar factors o/a property. The method for wlculatinga overhangs and similar structural components of the feature.
parcel's Net Lot Area tzar follows 5. Front Porches. Porches on StreeHacingf apade(s) of a structure within thirty a x im u(mIb.6)us tofi hundeo(theassuaretftl r pacarriage
cel eM1ouse. up ma
(30) inches of the a xrhu bonus age six Units, hundred similar turesel
ground level shall not counted towards
Areaa allowable Floor Area. Ire Sheds, Storage Units, antl similar Accessory Structures. structures units,
included of parcel
e ro be Percent in el to
Net Otherwise, these elements shall be attributed to Floor Area as a Deck. greenhouses, and similar habitable or inhabitable accessory structures are exempt
deter in Nef LOtAmaro d Nef ab!eDaro 6. Patios and Landscape Terraces. Patios and Landscape Terraces within thirty (30) from Floor area limitations up to a maximum exemption of thirty-two square feet per
determine albwaMe Floor determine allowable Density
inches of finished grade shall not be counted towards allowable Floor Area. residence. Accessory structures thirty-six inches or less in height, as measured
Area 7. G and carports For all multi- family, commercial, lodging, and mixed-use from finished grade, shall be exempt from Floor Area calculations /also see setback
buildings, the garage and carport area shall be attributed towards Floor Area and Floor limitations). Accessory structures larger than thirty -two square feet
Areas ofa parcel with 100% 100% Area Ratio with no exclusion.
and more than tMn per residence
0 %tu20 %slope In the R-1577 Zone District, garage and carport areas be excluded up to a Area. Properties y-six inches in height shall be included in the calculation of Floor
maximum five•hundred- square loot exemption total for the parties whlcM1 do not contain residential amts are not eligible for a Floor Area
Areas ofa the Plurpose gicF calculating 1
12 Wildi ildilie
par %andu For Z one - 100% floor a districts
reaia a the
allowable floor area Zone r
af or a property for the
y containing Single-Family or located n s
residential DUmdistrEndomrenlpr from fl Wildlife-resistant enclosures
more sl ope20 %antlupto 00, Zonee I00% 100% Du stutuangaraare. garag a ndcarports shall be s sha be excluded as follows: ininga Sinamily r nedistri mgulations zone 1 the enclosur e sure exempt the minimum area reasonably necessary the
300,4 Slope properties Duplex structure, and cart exclu as zone district regulationslRh esu iz the aza
properties -50 %. enclose the trash receptacles in both height and footprint. ynece space to
Size of Garage or Carport Area excluded per prima[ dwelling p 9 ndsveso the purpose
unit ce
Y 9 not located inside garage spacerstructorother theproperty, and serves no ether purpose
Areas ofa parcel web For properties in the R- 10096 unit( not including Accessory Dwelling such as storage, garage or locare unrelated ect
al.m,x dllfe-
mixed-use,
more than 30 %slope 155 Zone -100% Units) Wildlife- resistant dumps[er enclosures located in commercial, mixed-use, or loci
For all other square 100 %of the area districts are not exempt zone distit t from floor area re lodging
properties
First 250s are feet p requirements and shall comply with Zone
-o% '-- _ district requirements for Utility/Trash /Recycle areas.
Next 251 to 500 square feet 50% of the area Enclosures shall be located adjacent to the alley where an alley borders the property
Areas below ahrier o% p% and s not located inapublic right-of-way Unless but0, otherwise at gh
w terlineofa river Areas above 500 square feet No area excluded Historic ric Preservre ation Commission, enclosures shall not abut or be atttached an
body of water. historic structure. Enclosures may abut other non - historic structures.
For any property abutting an alley or private road entering at the rear or side of the 13. AIln of Non-Unit Space in a mixed- usebuil(. In order to determine the
Sit Areas dedicated to the 100% 100% property, the garage or carport area shall only be excluded from floor area calculations total floor area of individual uses in a mixed-use building,thetotalfoorareafornon-
yor County for open as described above if the garage or carport is accessed from said alley or road. If unit space shall be allocated ono
pace or a public trail. an alley or private road does exist and is not utilized for garage proportionate The building's g'sgruseoor categories ns all
gearalcuortans with non-unit be divided schedule.Thedi iidualugrossegoresea, minus building.
Areas
proposed, dedicated, an existing, 096 o% the garage or carport area shall be doe 000 towards Floor Area hegar garage or no non -unit space. shall be divided amongst the individual use categories lino builtling.
proposed dealcated, or exclusion. If an alley or private road does not abut the property, the garage or Carport These numbers shall then be calculated as a percent of the gross floor area number
vacated public or private area shall be excluded from floor area calculations as described above. that does not include the non -unit space. A proportionate share of the non -unit floor
vehicular right -of -way
For sthat are part of a subgrade area, any permitted Floor Area exemption area shall then be allocated towards each use category. This provision shall apply to
or vehicular easement Is taken ken from the total gross below -grade area prior to calculating any Floor Area all zone districts permitting mixed -use buildings.
including emergency exemption for subgrade area. For example, if a 2,000 square foot story containing a For instance, if a building was comprised of the followin
access easements. 350 square foot garage is 40% above grade, the calculation shall be as follows: 2,000 sq.ft commercial floor area gsquare footager.
Garage exemption - the fist 250 square feet is exempt and the next 100 square feet + 4,000s ft. free - market residential Door area
Areas of a property 100% counts exemption 50 square feet = 300 square feet of the sq.
eery 100% Sub de exem garage which is exempt. + 2,000 sq.ft.affordable housing floor area
subject to above gra pt ion -2,000 gross square feet minus 300 square feet of exempt + 1,000 z. ft. mount[ floor area
space feet q
ground or below ground garages gross square et multiplied by 40 %= 680 square feet that = 9, 000 sq. ft. total floor area
surface easements level which counts towards allowable Floor Area. Then the total unit floor area in the building would be eight thousand (8,000) s
such as utilities or an feet floor area. Using the allocation of non units pace standard, the uses account quare
e. Sub ro a m following of the total unit Floor area
tleareas. ng determine e portionof subgr ly areas that to the followin for
Irrigation ditch that do not du calculating 9 Y commer
tide with vehicular g Floor area, the follows hallo cial floor area =25%
easements. a. For any story that is partially above and partially below natural or finished grade, free - market residential floor area = 50%
whichever is lower, the total percentage of exterior surface wall area that is exposed affordable housing floor area =25%
Notes: above the most restrictive of the grades shall he the total percentage of the gross Therefore, the one thousand (1,000) square feet of non -unit space is allocated to the
T In Instances where the natural grade ofa property has been affected by square footage ofthe subject story included In the floor area calculation Subgrade different uses as follows'
development activit, the Community
Development
YPnor stories with no exposed exterior surface wall area shall be excluded from floor area commercial floor area =II %x1.000 sq. ft. =250 sq. ft.
Y y omen[Director may an estimation calculations. tree - market residential floor area = 50 %x1,000 sq. ft.= 500 sq. ft
of pre - development topography prepared prepared by a registered land surveyor or For the purposes of this sect ion, the wall area to be measured shall not Include affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft.
c engineer. The Director may require additional historical documentation, technical exterior wall area associated with structural components of the foundation or Floors of
s reports or other information to verify a pre - development topography. the structure lgraphici
2. There shall be no limit on the reduction In Floor Area attributable to steep slopes EMeasuring Setbacks.
except that the total slope reduction shall not result Ina property having less than one -
1_GeneraL Required setbacks shall be unoccupied and unobstructed within an area
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Fri, Dec 17, 2010 13:49:24 1- S1)1e
5750626
Ad Ticket #5 / /-a
Acct: 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920 -5064 Address: 130 S Galena St
E -Mail: ANGELA SCOREY
Client:
Caller: Kathryn Koch Cit Aspen
_ Receipt State: CO Zip: 81611
Ad Name: 5750626D Original Id: 5750601
Editions: 8ATI /8ATW/ Class: 0990
Start: 10/31/10 Stop: 10/31/10
Color: Issue 1
Copyline: p2 of 3 - Ordinance 27 R ep: AT Legals
Lines: 0
Depth: 13 = -
Columns: 5
F
Discount: 0.00 __ =
Commission: 0.00 -
Net 0.00
Tax: 0.00
Total 394.55
Payment 394.55 a r
Ad shown is not actual print size
t
extending horizontally from the parcel boundary to the setback line and vertically the surface of a structure's roof inclusive of the first layer of exterior sheathing or
above and below grade, excepting allowed projections as described below. weatherproofing membrane but excluding exterior surface treatments such as shakes.
shingles, or other veneer treatments or ornamentation.
Required setbacks shall be measured perpendicular from all points of the parcel
boundary to the outmost exterior of structure, Inclusive of all exterior veneer such as. ilici 1 When measuring roofs to a point between the ridge and the eave point, the eave point
brick. t th er exterior treatments, but excluding allowed projections. I shall be the point the roof plane of a structure or building which intersects with the
i exterior wall surface [gaphr]
d Dete _qF tq dSd Y d, The front yard setback shag be measured '-
from the front l tl' e. The Front L t Li ne shall be the parcel boundary closest to or f (. ■
dividing t f Street or street right-of-way. There shall not be more than one Eave Po tit
i
front l t l h corner telc the g andtialn the parcel along .._.L... $ / t�
` the Street with the longesges b
t block length tM1 and the remaining ri ing ng bouundary shell be l beetde _____ - ( / \ / i . /
lotlne
r'`
� f
• - Street Block Length 1 /
270 r Vi /
� Fm tY rd �f //
100 i i de Fi gure 7: Required setback from a private road or right-of-way U 1 ! --
,3
� artl s
-3/1 - Alley ` 1 4<omb i s Where zoning provisions require a tied setback (Sher [i
I front-rear or orsde de side-side), the setbacks shall be consistent along
along the affected parcel /
boundares ' /
I �, ' A i t / /
1 5. Allowed Projections into Setbacks. 5elback areas, hall be cnn bsrrucr ed above V ■
-L and below ground except,o the following allowed projections. 1 �'
I "— - ` —" i-- 1 I a. Above or below ground unties below-grade heating or cooling conduit or a' Exterior
Corner Lot infrastructure such as a ground-source heat pump system, below-grade dry wells or 1 i
- -- -- - - - I other at-grade or below-grade drainage infrastructure.
b. Trees and vegetation. Figure 8: Eave Point and Exterior Sheathing ofa Root
Flagpoles, mailboxes, address markers
d. Foundation footers, soil nails or below -grade tiebacks, and similar improvements 2. For nroperties in the Commercial Core (CC). Commercial ICI), Commercial Lodge
necessary for the structural Integrity of a building or other structures. (CL), Neighborhood Commercial (NC) and Service Commercial Industrial (SCE Zone
Figure 4: Determining Setbacks e. The minimum projection necessary to accommodate exterior mounted utility Districts, the height ofthe building shall be the maximum distance between the ground
junctions, meters, cable boxes. vent flues, standpipes, and similar apparatus and and the roof top. roof ridge, parapet, or top -most portion of the structure.
For corner parcels where the parcel boundary curves to follow a curving Street, the including any protective structure as may be required or practically necessary.
midpoint of the curve shall be used to differentiate the front lot line and the side lot f. Building eaves, bay windows, window sills, and similar architectural projections up 3. for properties in all other Zone Districts, the height of the building shall be
i line. In this case, the boundary segment with the greatest Street frontage shall be the to eighteen 1181 inches. measured according to the pitch of the roof as follows:
front lot line. g. Balconies not utilized as an exterior passageway may extend the lesser of one-
third t,/3) of the way between the required setback and the property line or four (41 r . Flatr oofs or roofs with a pitch of less than 312. The height of a building with a
feet. In no case shall the projection be allowed closer than five (5) feet to a property oof pitch of less that 312 shall be measured from the ground to the roof top or roof
line. This projection is allowed for balconies only and does not permit projections of ridge. [graphic]
I other Improvements, such as garages or carports.
h. The minimum projection necessary to accommodate an exterior-mount fire escape
r� Front
to aexisting bpodryhg l sl may
dsc be required b adopted B allk.landscape d 11,
e te
Uncovered 1 --
tithes above and below of prm simultaneously. . [graphic] Improvements may finished 1 r"
��1���}}1- earthen b drainage t re d structures. which t
Yard grad ncheve smote t t (Al e(hapt 26410 -fl titl ptlloexcee0) Parapet I Standards for on thel cat of rapet Wall Roof pitch •
t exceed 3:12 or less
1 thirty 1301 inches below grade if d t ed to be necessary f the t t ral'ntegrity
I I of the improvement or for required window egress. Height '
r j. Fences and hedges than forty-two
. encesangesess t42 inches height, f)gt d f
asmeasurerom g
Height of
finish dg d epe permitted in all required relyard setbacks. F tlh dg pr I r Building
Ix (6) feet height, measured from astrucdq d permitted ly' ,) ;,
entirely d beh d any facade ofd structure facing a
ti Street. on fence PF (AIo ee i —
�% k. Driveways 26575.050 Supplementary ding rw Regular for ;"
: ,,• ,�
c D exceeding twenty-four (241 inches above abo eo
help natural grade i
l within q y tba k of y g yard St t t Within II the equred setbacks 1
Street finished grade / driveway (30 inches above or below natural
grad Parking ki only tit tl th q tl to k 'fit' 'n an approved
S'tleYard driveway y ed for pary
other app g Figure {
I. Non-permanent which are not affixed to the ground such as movable patio Figure9 M easurng height for flat roofs or roofs with less than 3:12 pitch
- - - -- - similar outdoor seating or a picnic t able, ue gills children's eg play equipment
and
Figure 5: Corner lot with curved street and similar nonp are not non-permanent features which are not affixed to the ground. b. Roofs with a pitch from 112 to The height of a building with a roof pitch
m. Hot tubs, spas, pools, water features, and permanently affixed outdoor grills, .12 to zit shall be measured from the ground to the point of the roof halfway
For reverse curve lots, the curved portion of the lot line shall be considered the front furniture, seating areas, and similar permanent structures shall be prohibited in all between point and the ridge. The ridge of the roof shall not extend more
lot line and the two opposing parcel boundaries shall be considered side lot lines. yards facing a Street These elements may be placed within non -street facing yards than five (5) feet above the maximum height limit
but shall not exceed thirty (30) inches above or below finished grade.These features
may b p to thirty (30) inches above and below finished grade simultaneously.
Improvement 1 (nProvements ma y exceed Mty (301 inches below grade determined t b Midpoint between eave pt. and ridge
. , „ necessary for the structural integrity of the improvement. . - a,
__ n. Heating and ' e[ q equipment and M1 equipment hII
be prohibited allyadsf g Street. Mechanical equipment may placed within T
Ridge
'�- _ _ 1 non-street Rya s but M1 not thirty (30) above below finished �/ -
grad These f t smay be up p to thirty y M 130)' d inches above and below finished g add /
'r 'm It ly I
\\ A a The height and placement of energy efficiency or production systemsand I �
•
C\
equipment Mich located adjacent t rindependent f building shall be
Front SfdeYard
Yard »+ i established n hed by the P I g and Zoning Commission pursuant to the procedures and Eave Point
' r 5 1 criteria of Chapter 26.430 Special Review, These systems are discouraged in all
' yards facing a Street. For energy production systems and equipment located on top Heigh
of structure, t ion DA
q { p. Wildlife-resistant - tats pt enclosures ted i 'd tit di till
„ 1s I be p M1bit d in all yards facing Street. The the minimum f facilities y b placed within
// nterageted with other o our the propery and serves wildlife. Wildlife-
f space, rz street facing yards if N them reasonably
1- �'�" Street pules nboth hegM1[ and foory 1 p
f
f - resistant dumpster enclosures located in commercial, protecting or lodging zone
1
SideVard districts are not exempt from setback requirements and shall comply with zone dlstria
requirements for Utility/Trash /Recycle areas.
l Temporary intermittent placement of trash containers in or along yards facing a ,j ' rai
r Street is allowed. For example, on "trash day' _____I _____I
Enclosures shall be located adjacent o the alley where an alley borders the Figure 10: Measuring height for roots with pitch from 3:12 to 7:17
For double frontage lots with Streets on opposite sides of the parcel (except for those property and shall not be located in a public right- of-way. Unless otherwise approved
r
parcels abutting Main Street) the front lot line shall be the parcel boundary with the by the Historic Preservation Commission, enclosures shall not abut r be attached to c. Roofs with a pitch greater than 7:12. The height of a building with a roof pitch
greatest length of Street frontage and the opposing lot boundary shall be the rear lot an historic structure. Enclosures may abut other non-historic structures. greater than )az shall be measured from rhe ground to the point of the roof one-third
tine /graphic/ Far double frontage lots abutting Main Street, the franc lot line shalt be (I of the distance up from the eave point to the ridge. There shall be no limit on the
If l the lot boundary adjoining Main Street. F. Measuring Building Heights. height of the ridge.
I. General. In measuring a building for the compliance with height restrictions, the
The rear yard setback shall be measured from the rear lot line. The Rear Lot Line measurement shall be the maximum distance measured vertically from the ground to 1
shall be the parcel boundary opposite the front lot line. A parcel shall have only one the highest point of the building located above that point, as further described below 1 /3rd point between
rear lot line. and subject to certain exceptions as also described below: eave pt. and Ridge 1
Side yard setbacks shall be measured from the side lot lines_ Side lot lines shall be a. Measuring from the ground - At each location where the exterior perimeter of a 71/4/' N. those parcel boundaries other than a front or rear lot line. A parcel may have more building meets the ground the measurement shall be taken from the lower of natural or _ _ l
than two ide lot lines. finished g d Building permit pl s must depict both natural and finished grades, Ridge
In instances where the natural grade of a property h been affected by pri
i The Community D p t Director shall resolve any discrepancies or situations development activity, tM1 Community Development Ditorm may accept an estimation
where the foregoing text d t provide definitive clarity by issuance of a recordable ofpre-development topography p pared by a registered land surveyor or civil
administrative determination. engneer. The Director may req dditionl historical d ume tti , technical • Eave Point
studies, reports, or other information to verify a pre - development topography.
0. Determining required yard setbacks adjacent to private streets or rights-of-way. For the purposes of measuring height within the footprint of a building, the points Height
` Along private streets where the lot extends into the right -of -way or street easement,
the perimeter of the building, as described above shallbe projectetl from side
the required yard setback shall equal the minimum distance specified under the zone to side to establish a two dimensional plane representing the ground. The height of
I district regulations along the closest boundary of the right -of -way to the proposed the structure within the footprint of the building shall be measured using this ground
structure. When a property's tot line does not extend into the right -of -way, the plane.
required yard setback shall equal the minimum distance specified under zone district If necessary. the Community Development Director may require an applicant /
regulations from the lot line. Please refer to Figure 575.1 below. Required setback document natural grade, finished grade, grade being used within the footprint of the
from a private road or right -of -way. building, and other relevant information that may need to be documented prior to
construction.
Figure I I: Measuring height for roof with pitch greater than 7:12
b. Measuring to the roof -The high point of the measurement shall be taken from
or Measurement of Demolition 10 accommodate improvements required to achieve
b. For roofs u t h e multiple pitches
within pitc cal plane, highes elementherocfbed a. a be egreim removed to cconin ddate bed orrelo rem0vrd Wall area b0croof nce with building, fire, or accessibility codes in or on existing buildings when
be measured using the methodology for the pitch of the highest elemenlas described a sum0ved being r niove new or relocated fenestration snailbe counted compliance
practical solution exists. The Community Development Director must
above. 3.eT r area being ac hext er
iorwalland roof segmentasa
.tion b the t o mo shall uth er ter he Ea awnganne wt(s) tevertical a. hen an The tabulation. bulati shall depict each ezerFlat plane with r'easonble that the visual
implement code complianceexis Approval shall be in the form of that no other
se
applying methodology top-most the resulting ee r0ch of d said t e(s) . qsl and t ta a recordable administrative decision. for applying the sha be exc ed the the l pitch of line(s). if .
L mp erme04 6 orlbeexfthe roof excluded on whlahhe of dormer is et is located. ted. Ifthereare element Exterior in addition a assembly and roof assembly
bur shall e ponent exterior is ructura orteegrly M Appeals. Anapplicant o aggrieved decision made by the Community the
Cmm dormer less o one f l nleneea gg egteemmll bused Otherwise, including items as studs, rafters etc. If a portion of a wall or roof st Development Direco egarding this by and Measurements Section may
dormers ers s included allbesncude innt t me me abeegesurement ate foot of height according to the me be0eJ.Othorwise, n gzuc diagrammed tlormh in the t methods capacity is to be removed, the associated exterior surface area shall be tlla ed appeal the decision to the Administrative Hearing Officer, pursuant to Chapter 26316.
described above. as being removed. If a portion of a wall or roof involuntarily collapses, regardless of
4. Allowed Exceptions to Height Limitations the developers intent, that portion shall be calculated as removed. Recalculation may Section 26son describes the of terms used
a Chimneys, Flues, and similar utility apparatus. Chimneys, flues, vents, and similar be necessary during the process of development and the Zoning Officer may require S 26. 4. 00deznalitio 100- Definit ions. s, whhkh h sec Sea ionldeiogtne th e meaning
niMn terms and
utility apparatus shall not extend more than ten (10) feet above the height of the updated calculations as a project progresses. in the L0n ase011o
building at the point the device connects or more than ten (10) feet above the specified Replacement of fenestration shall not be calculated as wall area to be removed. New,
maximum height limb. For roofs with a pitch of8:12 or greater, these elements may relocated or expanded fenestration shall be counted as wall area to be removed.
Anlennaasatellitedlsh es, and similar necessary not d c deove[he highest ritlge oflne structure by more hen required by adopted of d Sub- gadeeements and interior wall elements, while pot n�tiallyn office building which are commercial or whi are designed to be, (eased to ate ant and occupied used in the
builCommunnic' ca a building's Communications Equipment g's snall not be counted tithe computation of exterior Meaocuremmemenrcias.l purposes. (Also see Section 265 ]5020 - Calculations and
b communications equipment and devices shall comply with [telecom section) surface area.
c. Elevator and Stair Enclosures. On structures other than a single- family or duplex According to the prepared diagram and area tabulation, the surface area of all portions The
residential building, elevator overruns which do not provide roof access shall not of the exterior to be removed shall be divided by the surface area of all portions of the used fo h and human within which are 26.575.020 are dQ5Caku000e a
extend more than five (5) feet above the specified maximum height limit. Elevator exterior of he existing structure and expressed as a percentage. The Zoning Officer and Measurements.) and stair enclosures providing roof access shall not extend more than ten shall use this percentage to determine tithe building b to be or has been demolished
(10)feet above the specified maximum height limit H set m any Street facing according to the definition In Section 26. 104.100, Demolition. If portions of the
facade of the building a minimum of fifteen (15) feet. TO qualify for this exception. the building involuntarily collapse, regardless of the developer's intent, that portion shall Lot a h e t ot those z
t o n ta l are property area n certain within the lines pfa lour other of a
footprint of the elevator or stair enclosure must be the minimum reasonably necessary be calculated as removed. parcel conditions. frela a d minus ho r asoftD2goaktyzalonseddMeaan physic
for its function and elevator and stair enclosures must be combined into one element It shall be the responsibility of the applicant to accurately understand the properly
elevator to the greatest ext practical. For single- family and duplex residential buildings, capabilitiesbf the building prior to undertaking a remodel. failure to P
elevator and stair enclosures shall not be allowed a height exception. understand the structural capacity of elements Intended to remain may result in an Section 3:
d. Rooftop Railings. On any structure other than a single-family or duplex residential involuntary collapse of those portions and a requirement to recalculate the extent Section and Use Code, Definitions, w ection describes the meaning an of t er B use d
ac ess saooftOext nd than fiv )5) fe tabo above h th building of of actual physical demolition. Additional requirements not this ,
access po the r atend o nnect s. five(a1 feetabovethet of the building pyuaa Gross Lot area. The total horizontal area contained within the lot Ones of a lot or
the minimum e to qualify ide adequcepsiony a bngmunbe (O Title m -1 3n
- 0
o.44 ,99, : Ord. demolition. other el of land.
compliance and reasonably abin railing necessary must b 5oe 50prorimore r ondbue . For single-fig code
amily and 25-2001, 366,7; 1, 3 7 Ord. No. - 2.0 200t.3 4 ;O d.N;Ord No. 3 362 —;O ,fi, 0.12 -No. Part
omp and must be or m transparent. 25 2Ob. O46- 1, 44; Ord.No. 552003, 442�:Ord. NO.12 -2006, Secdona
duplex residential buildings rooftop railings shall not be allowed a height exception. §19 :Ord. No. 12, 2007, 632) Se t Ordinance shall not aged any existing litigation and shall not operate as
e filar mechanical equipment Heating, edotnl t op of and air i ng s ha ll n exte and pace an abatement of any action or proceeding now pending under or by virtue of of Net
mi (5)feetabovele'ghroeoebuildignt t hopantthe equi is extend mdre than Leasable I. sable S stall Netudesableerirspaciel5 .The rtt ea su red fromi ordinances repealed or
five(n)rgytabc P od Sis E izauWCFed waft to interior shall n all tedopapaceof a d ildogmeofartderommch can the and concluded under such as ordinances.
and the same snap be of
f Energy mor Efficiency
ne rgy produ ction systm and Equipment. u o effuiciency
wall toII' including interior partitions and du f all areas which can n prior
turf gap te mond the s ste ba equipment dig i wind ae leased ro individual tenant o rooms, 0 h sI at a tog roomstor
tort' - d ytams antlten morethan f - ( 5 ) eq abo thch' Cared oom kitchens, dining
or freezers changing rooms, waiting rooms andssimiiae If any sect subsection, sentence clause phrase, or portion of this Ordinance - for
the top of a t'eghatlheertepmmore ac hed/ On any structure height ehf rooms. 9e cn Leasable Sn
sha -fam at the dupoorsidequipment oath s y.enshysyrext n d u tr ten (1 space
lu exclude common be leased
mmot areas of a b adingntThe intended or designed to be leased sed t o a any deemed a separate, dist inct and competent Tjurisdiction, io nd shall not
feet above height of the buil ttheipoe point the the equipme nt nt may a s attached difappr f approved individual a oa olnb t hro o m s. co rto s ay,c ao
pu r u an t t C o mm ftne De stl nRevi t ent equipmn itd iv oridorscommon mechanl areas. common storage areas or similar common
affect he validly of the remaining portions hereof.
pursuant height and Design energy i intended or designed to be leased to an individual tenant. Section 6:
Th on top placement ng ha be estalenhed by rh ePla n n i09 a which are spaces not lino a That the Cif Clerk is directed, upon the adoption of this Ordinance, to record a copy
C o mm issi o op rs u n a b th e p established of[h Zoning l l sp t installed interior are from feet. Seashonofnet of this Ordinance in the office of the Pitkln County Clerk and Recorder.
Re A pe se t systems *121 26.430- Special i on thueteti maximum uil e s haiobocInsde red fe L sle Seasonal c a r d s
Rev seack
rowequ and fo pemst'1 besu t o he ee o f t h e Lad be considered emplyemtgdion 11 Sebon)'.
may Cex m xim architectural projections, as well as Bag poles, ac all requirements the year Use Code, 5 including employee mitigation. A public hearing on the Ordinance shall be held on the 8th day of November, 2010,
h. extend over o slopes. ee maximum Unle ecci c proportion dth gh ti p which installed. at 500 pm. the City Council ASpen Hall, Aspen Colorado, fifteen
(s E lm "ngzoend for the imum heghilfabb srdet outdoor specifically ding machines, an d s iprovisions of this Td outdoor displays y bl' notice of the same shall be published in
1ztrnceponffrhghtwyls. Exceptions for are wa s01g h of the building's aseme )no
depth. t within vending, sngmashbenc in commercial activities td tee newspaper of ra l nhe ithin the City of Aspen
Exe Ans r rc lwa,light.ellorase for menteawaysl t of 655thn one eahumeet The calculation building) 01 such sho be the the calculation Leasable ce nw per genera circulation w
1. stairwells. An f ir ly r v ena l po of lablshed thuportion ortioh 00) appazkus For 0fnd ararshrlsbe [rcommum fa0ivrintoequii display antt attendant,
the building facade which is to t he street a e nclose on all ftue e of the apparatus. lion vending include areas reasonable amontoftspace for attettene.nt Thi This shall become effective thirty 00) days following final adoption.
the builtling facade which is dosest[ot nest-¢¢[ and enclosed on all four (41 sides the calculation shall also indudeareasonable amount of space for the attendant.
to within eighteen (18) inches of the first Boor level shall not be counted towards
maximum permissible height. 1. Measurement of Net Livable Area The calculation of Net Livable Area shall INTRODUCED, READ AND ORDERED PUBLISHED as provided by law ,byte City
include all interior space measured from interior wall to interior wall, Including interior Council of the City of Aspen on the 25th day of October, 2010
G. Measuring Site coverage. Site coverage is typically expressed as a percent age. partitions and inclusive of, but not limited to. entryways or lobbies dedicated to Attest
When calculating site coverage of a structure or building, the exterior walls of the only one unit. habitable basements, and storage areas, closets and laundry areas
structure or building at ground level should be used When measuring to the exterior accessible ilson areas, t e m
h moo� lobbies,
31 t Net livable Area all not cetco
inclue
walls, the measurement shall be t aken from the exterior face of stud, exterior face tiisn common stairwells, ss ts. be occupied onled lu by a o rrid o s
of structural block, or similar exterior surface of the nominal structure excluding or simil ar ion common spaces no
sheathing, vapor barrier, weatherproofing membrane, exterior-mounted insulation tenant. Net
unable Area
reas shall no t ti cccee uninhaytable basements, mechanical KatynS
Cathryn Koch, ityClerk
areas.
systems, and excluding all exterior veneer and surface treatments such as stone. stairs, h Michael C Ireland,
stucco, bricks, shingles, clapboards or other similar exterior veneer treatments. carports, patios, decks, porches or similar spaces. eland,
Porches. roofs or balcony overhangs, cantilevered building elements and similar
features extending directly over grade shall be excluded from maximum allowable site K. Exceptions for an Energy Efficiency.
cioncy. h Community D Dev el op m e nt Dtr eto
coverage calculations. ofD ep roveex I
opp 0 t1 eig ht, orste
H. Measurement of Demolit ion. The City Zoning Officer shall determine if a building solution exists. systems r equipment Development or 00 existing si buildings when 00 oth prac
calculation: Ilatled tobe or has been, tlemolished by applying the following process of the visual impact of the exemption Is minimal and that no other reasonable way to
qu enofw implement production or efficiency exists. Approval shall be in the form of a
showing wing the Zoning Offices the applicant shall prepare and sub Mtatliagram ener energy tr
1 Th e rcellf recordable administrative dedsion. Published in the Aspen limes October 31,2010
a. The surface area ve osallegrieg (prior istmmoofiassmiepmendnte
exterior wall
assemblies above finished grade cad nd existing ull bns shall assemblies. Not counted in
wedo existing etc). D surface calculations shall 11 be all e llexistingfeneztrationitloors, Exceptions prBuilding
restrictions COoeCo trn Community Development
windoww , skylights. r e[q. Director or may ay appprove eexceptions to restrictions on Floor or Area, Setbacks, Height
provided in said Evidence of Debt secured by the Jennifer C. Rogers #34682 'regularities in the process or of any proposal.
PUBLIC NOTICE OF Current Holder of UST Mt p plus attorneys' fees, the expenses of Christa Kilk #29855 When considering proposals and determining of
8 4: R PARCEL B TOP . O F MILL P U 0, S UNTRUST MORTGAGE, INC Deed of Trust, p es P Deanna L. Waste"! e23449 _ whether the Contract will be awarded and, if so, to
8040 GREENLINE REVIEW. Date County 0/ Re o ding[' 1/1112007 sale and rc har eras e rowca by law, and s e , , a as Keith A. Gantenbein, Jr. e39213 which vendor, the College may consider any and
Ceco of D of D: / i007 provided purchaser a Certificate of Purchase, all as Elizabeth S. Marcus a16092 all factors relating to this project as Colorado
NOTICE IS HEREBY Tuesday, N o v hat r publ,c 0 at a Recording Rea p/ o N m er: Z2 3 490] providetl by law. Britney Beall -Eder 834935 Mountain College, in its sole discretion, deems to
mi ti geld be in 4: p.m. before the Planning Recording Reception Dte Number: of 212006 10/10/2010 Katharine E. Fisher #39230 be appropriate. All procurement and awarding of
meeting to begin at 4:30 Commission, Sister Citi h, City Re-Recording Date pion Number: m er: 11 Flat Publication: 11/7/2010 Kimberly L Martinez #40351 contracts will be based on the standards, terms
13tl Zoning glena S.Aspen, S1 dy t Hall. Or gin a l Pringal Amount 5 00.00 Lasteo p y Meinhold 8 Stawiarski LLC and conditions of the Colorado Mountain College
1p application S. Galena tin, A40 Gr en consider an Original in g Print/ al Sal $551,403.00 Name of PUblicetion: The AS en Times Weekl 99918TH ST.. 82201, DENVER, CO 80202 Purchasing Manual dated January 1992 revised0
lan pi requesting d a retaining walt p ante for Outstanding Principal Balance: $551,603.39 NOTICE OF RIGHTS (303) 865 -1400 Attorney file 8: 09 -22914 1999. This manual is available for review at any
Iance 8 o the Ttl of Mil wa /B D for Pursuant to CRS 36- 38- 101(4)(1), you are here- YOU MAY HAVE AN INTEREST IN THE REAL The attorney above is acting as a debt collector Colorado Mountain College Administration Office.
Parcel 8 of the Top of MM Subdivision/BUD. The by notified that the covenants of the deed of PROPERTY BEING FORECLOSED, OR HAVE and is attempting to collect a debt. Any
th svacany'batdrea. The has been number tod for Y P1li November t he Aspen m October
on
the property's p roper opertyss. 2737 the paypri avpbced interest when duet o:t h e r W th CERTAIN PURSUANT T SUFFER information provided may beusedfor [hat Published
18 N o vm ber 7, 2 0nTimesitizenly ondo er
ap b st b3 Galmbos Ar . ehe aayphrpymnts provided du the evidence er LIABILITIES P R SULN O SAID FO ECL purpose. November 4, 11, 20108 the Glenwood Springs
application was
B. Asp by 81011. oAbehalfof d by payments deed ftrun and oer viola- STATUTES
URE. YOU AU A HAVE THE RIGHT TO
Inc., Parcel 8. ABC. Aspen, CO Management LLC, on behalf of debt secured by the deetl 0i trust and other viola- REDEEM SAID REAL PROPERTY OR YOU T MAY '2009 tlo Public Trustees' Association Revised 2 on October 29 & November 5,
Av 8, LLC, nPsco , C94129. The subject T HE PROPERTY prep,rtynnrer review A 9 gatly esesubject THE THE PROPYRT HEREIN 5 ALL HAVE THE OF TRUSCUREA FORECLOSED. RECLTSEDER
under Top or Mew Ir ill Parcel B. Bally described as BERED BY THE LIEN OF THE DEED OF TRUST. COPY OF SAID STATUT S. S SUCH Published 017, 24, 3120 [56670821 on August
S u: op of Mel THE LIEN FORECLOSED MAY NOT BE A FIRST STATUTES ARE PRESENTLY CONSTITUTED,
Gtty of Aspen C ty contact Sara Adams at
D are LIEN. WHICH AFFECT C At T MAY A E YOUR RIGHTS, S HF S PUBLIC EE ' ��
For further
Aspnommumunity Development Stoa A dam t Depart- tht ATTACHED Condominium Unit 0 ATTACHED D TO ALL F YD D COPIES THIS OF THIS $OFTGOODS DESIGN S MERCHANDISING
8 MERCHANDISING
ment, 130 S. Galena St , Aspen CO 81611, (970) HY -West Condominiums, according to he Condo- NOTICE HOWEVER, YOUR RIGHTS MAY BE RFP#C72.10
429 -2778, sara.adamsectaspen.co. us minium Map thereof recorded August 27, 1972 in DETERMINED BY PREVIOUS STATUTES.
Plat Book 4 at Page 284 and First Amended Map A NOTICE OF INTENT TO CURE F ILED Colorado o proposals from tlOrmae ( requle uests
n Gi be of NY-West Condominiums recorded December PURSUANT TO SECTION 38 -38 -104 SHALL BE ro s lMog
Planning and Zoning Chair 02,2005 in Plat Book 76 at Page 58 and as further FILED WITH THE PUBLIC TRUSTEE AT LEAST Sottgoods Design 8 Merchandising. The College is FIFTEEN tle and for eY We in the Condominium recorded FIRST SCHEDULED SALE DATE OR ANY DATE relationsf p seeking assistancre into evaluatingithe 'w ad
of P
31 st, sl, 201 nn 574 Aspen Times Weekly on October Aug 218 o7 in Boo 266 a0 Pa 3 0 . oeed It n
31 2010. (5749064] August 28, S to of Book 266 at Page 309. County A NOT WHICH
ICE
OF SALE
NTENT CONTINUED;
REDEEM FILED retail outletsn six - county Colorado Mountain
had, State of PURSUANT TO SECTION 38 -38 -302 SHALL BE College District. The primary goal of this project Is +
PMB DN Colorado. FILED WITH THE PUBLIC TRUSTEE WITHIN to determine whether distribution and sales of logo tin Re
RESTART COMBINED RO TE OF SALE, A lso known by street and number as: EIGHT (8) BUSINESS DAYS FOLLOWING THE wear is a viable business proposition. Proposals
RIGHT TO CURE, ECL O Seclo 0
RIGHT TO REDEEM 835 E HYMAN AVENUE APT D, SALE -, ill be received by The Rocky Mountain Bid Net
RESTART FOREC ur stayed ASPEN, CO81621 System for Colorado Mountain College; a0 bids
Republished n reset se sale foreclosure stayed by DATE: 11/25/2009 must be received by 4:00 p.m. Mountain time,
O
bankruptcy November 5. 2009, the. NOTICE OF SALE Thomas Carl Oken, Public Trustee in and for the 11/22/10. Deadline for questions from interested
Trustee te cu e the Notice eno E lect s Public The current holder of the Evidence of Debt secured County of Pdkin, State of Colorado parties is 11/03/10. Any form and/or individual
Dema caused the N eed of Trust esc and by the De ed of Trust, described herein, has tiled By: Tiffany Wancura. Chief Deputy Public Trustee desiring to be considered must obtain a Request Put. a color
Deman vendw. h d rblatrec tried Deed of rust described Notice of Election and Demand for sale as provided for Proposal (RFP) document which detai the
below to be recorded in the County hi of Pitkin b law and in said Deed of Trust. The name, address, telephone number and bar scope of services as well as submittal require -
Whom It May Concern Notice is Y
given
Trust: regard to the following described Deed pubREFORE. Notice Is Hereby Ginn that s will at theigihn number of the attorney(s) s is RFP representing d, cunient may and terms and conditions. g pinto or logo
of Trust 12b /201 1 10:00 nt.M on Wednesday, a the the legal holder r of the Caren Jacobs Castle 511790 RFP site at we co b adom by the following
owing
12u 506 0 County Courthouse, Barbara A. Bader 110394 w
Original Granmrt CHRISTOPHER J MEZA south ft door, 90 h , st a 6 E Main b or cash, the Joanna a Studeny *41740 Colorado Mountain College does not obligate itself
Original M r ORTG sail ll th 8 front to tae he t 0 highest and bast bidder cash, d Christopher T. Groan 839976 to accept the lowest, or any other proposal, and
MORTGAGE NC., AS
NOMINEE F
NEE OR said real property ly e hart i ate ndra for ca st gf the raialtl Peter C. DeOamnllis 838929 reserves sole discretion to reject any or all propos-
SYST EMS, S, INC., AM AGE NR the po sl paying and assigns indebtedness Deanne R. Stodden 833214 als, to readvertise, and to waive formalities or
SUNTRUST MORTGAGE, INC for Grantor(s),
the purpose rpose pose 0i f p paying the indebtetlness
o
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In A"
1. .
Fri, Dec 17, 2010 13:47:53
5750646
Ad Ticket #5
Acct: . 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920-5064 Address: 130 S Galena St
E-Mail ANGELA SCOREY
Client:
Caller: Kathryn Koch City: Aspen
_Receipt State: CO Zip: 81611
Ad Name: 5750646D Original Id: 5750626
Editions: 8ATI/8ATW/ Class: 0990
Start: 10/31/10 Stop: 10/31/10
Color: Issue 1
Copyline: p3 of 3 - Ordinance 27 Rep: AT Legals
--"-""
Lines: 0
Depth: 8.5 :,,,tt-c,„•--.,-„:;‘,“ -7,
Columns: 5
Discount: 0.00
Commission: 0.00
Net 0.00
"
Tax: 0.00
y.7 ..: r. • "..t.
Total 257.98
Payment 257.98
=CZ
. .
Ad shown is not actual print size
•
d roofs w
■
For with multiple pitches within one vertical plane ine the height of the roof shall
be F o r measured ithgee pitche gy PorionpleM1ca l the highest t hJSo f described 2. The exterior surface area, as described above, to be removed. Wall area or roof or above. area being removed to accommodate new or relocated fenestration shall be counted compliance
w
pliance with 0fDding f r accommodate oes i no n Improvements
e For barrel -vault roofs, height shall be measured by drawingaline withinavertical as exterior surface area being removed. compliance practical building , fire, oraccessibilRycods in to
erop existing buidingtwhe
section barweealtrtofs height shall be m tyd r a i g aline and then 3. The diagram shall depict each exterior wall and roof segment as a flat plane with fOFlde ®pron thlt0 solution exiimp t tmmxe m yDon i s mini l a th
applying the methodology for the resulting pitch of said line(s). an area tabulation. first determine that thevisualimpect f compliance is minimal and at no be
f. Dormers shall be excluded from the calculation of height [ the footprint
reasonable way to implement code compliance exists. Approval shall be in the form of
dormer is 50% or less of the roof plane on which the dormer is located. plitnere the exterior wall assembly and roof assembly shall constitute the exterior surface of arecordable administrative decision.
dor meled50% or leso r o t p wh to footprint element in addition to the necessary subsurface components for its structural integrity,. M p
dormers dormers
be lon o eElnee me, the ggntoPof ; ot pr int sha be used. Otherwise. including such items as studs, joists, rafters etc. Ifs FMae.Anaptorretaggnigthis C alcueei o nnmd Meas Community
described rs hbobe. capacity portion awfFl roof struc tural Development Director theAd and Measurements 10 Cha to may
y is to be removed, the associated exterior surface area snail be diagrammed
4. Allowed Exceptions to Height limitations
the develo as being removed. If a portion of a wall or roof involuntarily collapses, appeal the decision to the Administrative Hearing Officer, pursuant to Chapter
a Chimneys, flues. and similar atilt[ Y pabreg d
y apparatus. Chimneys Nues, vents, and similar ry to process of the Zoning Officer egmay Sgti0n2
utility apparatus shall not extend more than ten (10) feet above the height of the up updated calculations the pp ofo and the Zoning Oficer may
building at the point the device connects or more than ten (10) km above this Ptla c eat offenestration sasa project pro be calculated eel Nee Section 2 fi. 1041 1b- Definitions, which section describes the meaning of terms used
maximum height limit For roofs wieapitch of H:l2orgreater. these elements may Replacementxpan ties shall not be calculated as wall to be removed New, in the definitions, aseCode: shall be amended by repladg the fallowing three terms and
maximum height the For
td with a pitch of Y relocated or expanded fenestration shall be counted as wall area to be removed. above not
budding codes. by than required by adopted Only exterior
surface area above finished grade shall be used in the determination
Ye% te
b Communications odes Equipment Antennas, satellite dishes, and similar of demolition. Sub-grade elements and interior wall elements while ontleb which are ordhicheredesi designed to leasedo commercial to ado
communications equipment and devices shall coin sedan area. a buildin potentially office building which are orw h are designed to be,leas tenant and occupied
c Elevator and Stair Enclosures. On structures other than lt a a [telecom section] duplex lex surface area. 9 integrity, shall not tabulation, theecoce area of exterior Measurements.)
or office purposes. (Also see section 265 )5020 - Calculations and
Freva blbuilding , elevator overruns which do not p According to the prepared diagram and area tabulation, the surface area of all portions Measurements,)
r esendmorethzngve (vato oerVetbeicdo specified not maximum height limit. shall nnot of the exterior to be removed shall be divided by the surface area of all
exten more dRxfend0feetaboveitlegp max not extend it.Eevatr exterior of the existing structure and expressed as a portions nOfficer of the Net
sed livable h ha hu a plw(AIsweeSecton 26.5na020- Calctlmbe
enclosures andtherencifiedmap ;mum height a mit ls sh no from an more than ten shall use this percentage. anti for habitation and human activity.
percentage i netermine6 the building Demolition. or has f the demolished ry(Also see Section 26.5]S.o20- Calalatlons
fadatle of the building - qualify facing according to the tlefinitionin Section 2fi. 104.100, Oemolition. If portionsdtae antl Measurements.(
9a minimum of feet TO I; for this exception, the building involuntarily collapse regardless of developer's intent, that portion shall
fortis function and elevatorandstairendosuresmustbe combinedin tonne element be calculated as removed. Net iii area The total Section contained within the lot lines iotalot or other
26. 575.0
for
ofhe greatest extent Practical For single-family and duplex residential buildings, It shall be the responsibility of the applicant to auratel conditionland minus those 6.575. eproMrtY tH ns and easu eats).. or al
tothe orandstair enclosures shall not be allowed ane;ght exception capabilities on the building 0 remain may properly
difions. (Also see Section 26.5)5. 020. Calculations and Measurements).
d Roonond stair Railings. structure other than a height exception. 9Miort of e remodel. Failure to yresul
single-family or duplex residential involuntary the structural re intended tto remalnmeyres extent an
building rooftop railings, parapet walls, and similar safety devices permitting i nvoluntary collapse of those portions andarequiremenRO recalculate fneextent p =on 3:
access g, r was (5aneetaboveaf safety i c e s per itt rooftop of demolition. land owners intent or unforeseen circumstances shall not affect the Section L nd Use00-Deall ion ;end¢ section including the the meaning a nd d efined
ae at the point the railing connects. To qualify for this exception, the railing building calculationsult upon physical demolition. Additional re the Land Use CFlde amendetl byi eluding the following term and definition:
point
m extend g Title may esultu p y requirements or restrictions of this
reasonably necessary to provide adequate safety and building code . pion demolition.
-2
the compliance and Therailin� must be 5046 or more transparent. Forsingle- (amilyantl (Ord. NO 44q 999, d. NO.5l 54; Ord. O 55, NO 03. §620, Gross Lot area The total horizontal area contained within the lot lines of a lot or
duplex residential buildings, 25 -2001, 446, 7; Ord.No.46 -2001 565, o 00 other parcel of land.
duplex resideEquipment. gs, rooftop railings shall not be allowed a height exception. §4; Ord. Na NO. -4; Ord. NO.II 2o06,
Heating, ventilation, and airc onditionin 419; Ord. NO. 12, 200), §32)
similar mechanical equipment n .g shall not ex conditioning one 5ecfon4:
pment located on to of buildin tend more than I. Measurement of Net Leasable Commercial Space. The calculation of Net
five (5) test above height of the building at the point the a This Ordinance shall not affect any existing litigation and shall not operate
f Energy Efficiency heirtrofthe but S ing al and point equipment ;z attached. Leasable Space shall include all interior space of a building measured from interior an abatement nc are algid or amended proceeding now shall
f_ Emzgy energy quipment Energy effuiciency wall to interior wall, includin the ordinances re penc under by tae of
9y production systems and equipment including solar panels, wind be leased to an individual tenant interior g hallways moeetig rooms,di Mated oramended as hereinpmvided ,anti the same shall be
turbines, or similar systems and the systems associated equipment which is located conducted and concluded antler such prior ordinances.
on mppf a building shall not extend more than five (5) feet above the height of areas, showrooms, dining room; coatrooms, bathrooms, stn a lms, display
00oploia building
the point the extendenore than five
any structure heightofna rooms, walk-in refrigerators or freezers, changing rooms, waiting lie storage - ntion single-family igatheploitt ;eequimdn ; ^g tt ach d Onam struct r e up to ten (10) space which may be/eased to atenant The calculation of Net Leasable Space shall Flanrsection,
son h edinvald o r sentence, clause, p is
uch
feet above height duplex
the residential b ill ing t h es e equipment may attended if approved exclude common areas of a building nor intended or designed to be leased to an any reason 11 deemed e aseparsteutionac ;anmaeofcompMrntjunn andlomsunh
fetaboe0e0mmerrai busdingatthe pproved Individual tenant such as common bathrooms. common stairways, common circulation p0rci0nAallbe ereMaiingposiins anrr lofe
The M1eightand placement 0f ener
corridors, common mechanical areas, common store anent the validity of tae refnaido M "dent provision antl shall not
9y efficiency or production systems which are spaces not intended or desi nev 9portions thereof.
building shall be established by the Planning and Zoning Permanent( designed exempt an individual tenant.
Commission pursuant m the procedures and criteria of Chapter ann 0- Permanently interior airlock spaces are t nom the calculation of net Seaton fi:
not located on top ofd b
Review. (Also see setback re Special leasable space up too maximum exemption of 100 P That the City Clerk is direcfeQu
9. Chsrchs quirements fortaese systems "')
installed on the exterior or a building shall be c Co d e, ired Net Leaable Area antl shall of this Oreinanceintae onficeo[ne Prtkio County Cle and l gecorde ^sec "rdacopy
pares, bell towers and like architectural projections, as well as flag poles, to all requirements of g be subject the proportion of the e y a dwM1 Code, installed.
9 employee mitigation.
m
h. Exceptions for t b sp buildings d maximum slopes. ht maximum I' limit. height f building's front a s Section I.
1[e f n b may extend f e first ax i ry 01eeet nth building's Unless specifically exempted through other poise of this Tit/e, outdoor displays at public in hearing the Ordinance l shelr held City H llhspenfoOVed, fifteen
i. on A Exceptions is I I. Exceptions f areaways, light wel de outdoor vending, vending machines, and lard activities located outside (15) the which n Ca pu blicsos
stairwells. An areaway, light well or basement stairwell of less than one hundred (100) The calculation of such area shall be the maximum footprint of the display ^151 days prior to whcM1 hearin Mn Cty Hall, Aspen C0lorado,fikeen
(not within a building) shall also be included " the calculaton of Net Leasable Space. oa it hiche C shall be
square feet, entirely recessed behind the vertical plane established by the newspaper per of general circulation within the City of Aspen.
published ina
eebuiinieghteed( ) i crsslof th etfstfloo r street send enclosed c ullbd towards
sides of apparatus. For vending carts or similar commercial activities requiring splay or vending
to buildiigftcadH which
0seseorthe stre a shall enclos on counted umwsids the calculation shall also include a reasonable amount of space the attendant. Thnsion H:
maximum permissible height
This ordinance shall become effective thirty (301 days following final adoption.
1. Measurement of Net Livable Area The calculation of Net Livable Area shall
G. Measuring Site coverage. Site coverage is typically expressed asa include s a nteri0npvee measured from interior e wall to for lobbies oibb wall, ted INTRODUCEQ READ qND ORDERED PUBLISHED as
When calculating site coverage ofd structure orbuilding, the exterior walls o the poanee eland ;ndupaco(easuet timminte eat including interior Council of the City of AS provided 2010. to by law, by the City City When calculating at ground level alznould measuring te for walls
exterior area co secs nd lundryedm ry pen on the 25th day of October,
structre measurement building tgrou sho b e eMd.i exterior te circulation cce0neumththe interior ebaamenntaNtl storage areas, closets and laundry
co areas Attest
circulation areas, common l obo unit. Net livable stairw Area , coil not include common
of structural block. 0rsimilar exterior surface of the nominal structure excluding or similcommon spaces lob intended te or designed sig nedl to bemmupeld by an individual
sheathing, vapor barrier, weatherproofing membrane. exterior-mounted insulation nani, Net Livable all ile uninignedtobb basements,
systems, and excluding all exterior veneer and surface treatments such as stone, area Ne, ulncoleAioned stor o nly from the mechanical (dual
s shingles, clapboards or other similar exterior veneer treatments. p;ttdpa,i unconditioned
s. de poithe1 or s milax' a c s' from the exterior, erigr, gars Kathryn S. Koch,
Porches, roofs or balcony overhangs, cantilevered building elements and similar carports patios. decks, porches or similars garages, GtySerk_
features 'P
—. --
stucco,brickfeatursecakWaOOm. grade shall be excluded from maximum allowable site K. Exceptions for Energy Eeciency. The Communit Develo e
Michael GlrelanQ
Y emht or easurem Mayor
e extending directly over
H. Measurement of Demolition. The City Zoning Officer shall determine ina building efficiency exceptions t0 restrictions on Floor Area, Setbacks, Height or Measurement
of0iency systems to accommodate the addition of energy production systems or energy
c to be or has been, demolished by applying the following process " / Ysystems or equipment in or on existing buildings when et otber
calculation: solution exists. The Community Development Director must first determine that
'co
gam
At the request of the Zoning Officer. the applicant shall prepare and 00bmitadia the visual of the exemption minimal and that no other reasonable way to
showing the following: implement energy production or efficiency exislsA
1. The surface area of all existing (prior to commencing development exterior wall recordable admunstrafve decision. PProval shallbe in the form ofd
•
assemblies above finished grade and all existing roof assemblies. Not counted in
windo existing exterior surface area calculations shall be all existing fenestration (doors, L. Exceptions for Building Code Compliance. The Community Development Published in the Aspen Tines October 31, 2010
ws, skylights, etc).
Director may approve exceptions to restrictions on Floor Area, Setbacks, Height,
I
extending horizontally from the parcel boundary to the setback line and vertically the surface of a structure's rooinclusive of the first layer of exterior sheathing or
above and below grade, excepting allowed projections as described below. 4 weatherproofing membrane but excluding exterior surface treatments such as shakes,
shingles, or other treatments or ornamentation.
Required setbacks shall be measured perpendicular from all points of the parcel
boundary to the outmost exterior of a structure, inclusive of all exterior veneer such as When measuring roofs to a point between the ridge and the eave point, the eave point
brick, st other t treatments, but excluding allowed projecf0ns _ 44 shall be the po nt in the roof plane ofastructure or building which intersects with the
exterior wall surface [graph'd
2. Determining Fro t Rear d ;'d Yards. The front yard setback shall be measured
from the front l t line. The Front L t Line shall be the parcel boundary closest to or i --
dividing t f Street street right-of There shall not be more than one f
t Eave Point T
front lotl parcels, the front lot line shall be the parcel boundary along _ _ .__ / / /
Street the block length and the rema ri ng boundary shall be - - -- ( / a1Z r
M
tline.
/ \ c n
j _ �
Street -- Block Length � -- 1
,j 270 __ ✓ /
44-
_ ( Front Yard u� r
100
`i de Figure 7: Req Mack from a private road right-of-way ( /�
Yard
al
- , Alley -� ' 4 C b ed v tl Where zoning prow require bind setback (ether C--111-•2
j ,- front side—side). the setbacks shall b onsstent aloe the affected
9 Parcel ��
boundaries.
zi
[ 5. Allowed Projections - nto Setbacks. Setback areas shall be unobstructed above 1 ,„ /
a
_. 1 below ground utilities, be
and bel ground
+ a. Above or cept for the following allowed projections: I
Exterior
Corner Lot infrastructure such as a ground-source heat below-grade p puump system below-grade heating or cooling conduit or a"
grade dry wells or 1 !
- -- - - - "1 other at -grade or below -grade drainage infrastructure.
I b. Trees and vegetation. Figure 8: Eave Point and Exterior Sheathing ofa Roof.
Flagpoles. mailboxes, address markers
d. Foundation footers, soil nails or below- grade tiebacks, and similar Improvements 2. For mooertez in the Commercial Core (CC), Commercial (CI), Commercial Lodge
necessary for the structural integrity of a building or other structures. (CL), Neighborhood Commercial (NC) and Service Commercial Industrial (SCE Zone
Figure 4: Determining Setbacks e. The minimum projection necessary to accommodate exterior mounted utility Districts, the height of the building shall be the maximum distance between the ground
junctions, meters, cable boxes, vent Flues, standpipes, and similar apparatus and and the roof top, roof ridge, pare t pe.or to
For corner parcels where the parcel boundary curves to follow a curving Street, the including any protective structure as may be required or practically necessary. top-most portion of Me structure.
midpoint of the curve shall be used to differentiate the front lot line and the side lot f Building eaves.bay windows. window sills, and similar architectural projections up 3. For properties in all other Zone Districts. the height of the building shall be
line. In this case, the boundary segment with the greatest Street frontage shall be the to eighteen (18) inches. measured according to the pitch of the roof as follows:
front lot line. g Balconies not utilized as an exterior passageway may extend the lesser of one.
third (1/31 of the way between the required setback and the property line or four (4) a. Flat roofs or roofs with a pitch of less than 3:12. The height of a building with
feet. In no case shall the projection be allowed closer than five (5) feet to a property roof pitch of less that 312 shall be measured from the ground to the roof top or roof
line. This projection is allowed for balconies only and does not permit projections of ridge. [graphic]
I other improvements, such as garages or carports.
h. The minimum projection necessary to accommodate an exterior-mount fire escape
-F I Front do oar ec e 9dbd tso ( n 0 0h l cbertlble or bbeememt natural
reeprofinished 1 I I r ._L or 1 ! drainage retaining walls, steps and structures, which
j Yard 9 tl M1 hrl e thirty restrictive. 0b o Cha [ m nt0 a tl t r Design y(
t Parapet Wall Roof pitch
y (301
'
inches above and below grade [graphic] Improvements may exceed 3:12 or less
ii thirty (30) inches below grade Tdetermined ! be M
necessary for the structural integrity
1 I 1 of the improvement or for "" required window 9 Height
( j. F and hedges than forty-two t (42) i M1 height, as measured from Height of
finished grade, permitted in all required y yard setbacks. Fences and hedges up to Building
six (61f et i height, measured from finished grade, e permitted only in areas
I J entirely e d b hi d any facade of a structure facing Street. [graphcl (Also see �
a
Street J fi a a 9 �t tc gdedsy ( 30� setbacks fence materials.)
• Ac Section 265]5050 Supplementary Regulations for tat
•
��""'"""% k. D t exceeding bel t I g de
finished required setbacks,
b pr amoral
SideYard
driveway other are approved for parking. t in an approved
-- / I. Non permanent features chare affixed to the ground such as movable patio Figure 9 Measuring height for Eat roofs or roofs with less than 3:12 pitch
- -- - - -" furniture. td seating a picnic - table. ba ue gills children's play equipment,
Figure 5 C t with d street and 1 non-permanent i t h are tot h are not affixed to the ground. b. Roofs tM1 a pitch f m3:12to]12. The height of a building with a roof pitch
m. Hot tubs, pools, water features, nd permanently affixed outdoor 121 7:12 h ll b r ed the ground to the point nf the roof halfway
F lot the dpi C of the lot We shall be considered the front furniture, seating area similar permanent structures shall be prohibited ed in in all between en theeave poet and nd the therdge e. The Therdge of the roof shall not extend more
lotlne and the two opposing parcel boundaries shall be considered side lot lines. yards facing a Street. These place
se elements may be placed within non-street facing yards than five (5) feet above the maximum height limit.
but shall not exceed thirty (30) inches above or below finished grade. These features
may b p! thirty (30) h above d bel finished grade simultaneously.
Improvements y exceed thirty (30) inches below grade f determined I be Midpoint between eave ptand ridge
necessary f the structural integrity of th p t\
n. Heating d d Co g equipment and M1 equipment shall i /
" Street -- be p hbt d' ll y d facing Street. Me h equipment y be placed thin > ;
( \ non-street f g y d but shall not exceed thirty (30) i h b ve or below finished j
' grade. These features may be uptothirty l30 h. above d below finished grade .- / Ridge
simultaneously. �' i
o. The height which dpi t f energy efficiency production systemsantl
*
equipment h' h elocated adjacent top independent f binding shall be
SideYard
Front =, established by the 26430 - g tl Z ring Commission pur to the procedures and Eave Point
criteria of Chapter - Specal Review. These systems are discouraged in all I
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