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HomeMy WebLinkAboutordinance.council.009-02 ORDINANCE NO. 9 (SERIES OF 2002) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE ADDITION OF CHAPTER 8.50, FLOOD DAMAGE PREVENTION AND SECTIONS 8.50.010-050 AND CODE AMENDMENTS TO THE FOLLOWING SECTIONS: SECTION 26.104.100, DEFINITIONS; SECTION 26.2~2.070(B), DRAC MEETINGS, HEARINGS AND PROCEDURES; SECTION 26.304.060(E)(3), PUBLIC NOTICE; SECTION 26.312.030 (F)(2), NONCONFORMING STRUCTURES/USES; SECTION 26.410.040(B)(1), SECONDARY MASS; SECTION 26.440.070(B), SPECIALLY PLANNED AREA AGREEMENT AND RECORDATION; SECTION 26.445.070(A), RECORDING A PLANNED UNIT DEVELOPMENT PLAN; SECTION 26.480.030(A)(2)(E), SUBDIVISION EXEMPTIONS; SECTION 26.480.070, SUBDIVISION AGREEMENT; SECTIONS 26.510.040(E), 26.510.060 & 26.510.080(C), SIGNS; SECTION 26.610.020(D), PARK DEVELOPMENT IMPACT FEE; AND SECTION 26.610.080, PARK DEVELOPMENT IMPACT FEE, AFFORDABLE HOUSING, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections pursuant to Section 26.210.020(B)(14) of the Land Use Code; and WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department and Planning and Zoning Commission pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, during a public hearing on January 29, 2002, the Planning and Zoning Commission recommended, by a six to zero (6-0) vote, the City Council approve the amendments to Section 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section 26.312.030 (F)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; and Section 26.610.020(D), Park Development Impact Fee as proposed by the Community Development Department and, WHEREAS, the City Council conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony for the addition of Chapter 8.50, Floor Damage Prevention and Sections 8.50.010-050 and Code Amendments to Section 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section 26.312.030 (F)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; and Section 26.610.020(D), Park Development Impact Fee as proposed by the Community Development Department and, WItEREAS, the City Council finds that the Code Amendment proposal meets or exceeds all applicable amendment standards and that the approval of the Code Amendment, is consistent with the goals and elmnents of the Aspen Area Community Plan; and, WItEREAS, 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 OF ASPEN CITY CouNcIL: Section 1: / That Title 8 of the Aspen Mtmicipal Code be amended by the addition ora new Chapter 8.50 which chapter shall read as follows: FLOOD DAMAGE PREVENTION SECTION 8.50.010 FINDINGS OF FACT, PURPOSE AND METHODS OF REDUCING FLOOD LOSS A) FINDINGS OF FACT (1) The flood hazard areas of Pitkin County and Incorporated areas are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and govemmentaI services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the pubiic health, safety and general welfare. (2) These flood losses can be caused by increases in storm water runoff due to development, and the construction in or alteration of drainage channels. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 2 B) STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions to specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and server lines, streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to min/mize future flood blight areas; (7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and, (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. C) METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate, detain or channel flood waters; (4) Controthng filling, grading, dredging, and other development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION & 50.020 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its' most reasonable application. "Appeal" means a request for a review of the Community Development Engineer interpretation of any provisions of this ordinance or a request for a variance. "Area of special flood hazard" means the land in the floodplain subject to a one percent or greater chance of flooding in any given year. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. "Development" means any man-made change to improved or unimproved real estate, including but not bruited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "Existing manufactured home park or subdivision" means a manufactured home park for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) are completed before the effective date of this ordinance. "Expansion to exist'rog manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas fi'om: (1) The overflow of inland or tidal waters and/or (2) The unusual and rapid accumulation or runoff of surface waters from any source. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agcmcy has delineated both the areas of special flood hazards and the risk premium zones. "Flood Insurance Study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. "Floodway" means the channel of a fiver or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Lowest floor" means the lowest floor of the lowest enclosed area (inchiding basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the apphcable non-elevation design requirements of this ordinance. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." "New construction" means structures for which the "start of construction" commenced on or after the effective date of this original ordinance, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouting of concrete pads) is completed on or after the effective date of these floodplain management [egulations "R~creational vehicle" means a vehicle, which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or pennancmtly towable by a light duty track; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a 5 structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building or manufactured home that is principally above ground. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a sh'ucture to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enfomement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that wouldothenvise be prohibited by this ordinance. SECTION & 50. 030 GENER./IL PRO VISIONS A) LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special lood hazard within the jurisdiction of the City of Aspen, Colorado. B) BASIS FOR ESTABLISHING TIlE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Pitkin County and Incorporated Areas", dated September 30, 1988, with an accompanying Flood Insurance Rate Map (FIRM), is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and FIRM are on file at the offices of the Community Development Engineer and (Address of Map Repository). C) COMPLIANCE No structure or land shall hereafler be constructed, located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations. D) ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E) INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requiren~ents; (2) Liberally construed in favor of the governing body; and, (3) Deemed neither to limit nor repeal any other powers granted under State statutes. 17) WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by tiffs ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the 7 areas of special flood hazard or uses permitted with/n such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Aspen, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION & 50. 040 ADMINISTRATION A) ESTABLISHMENT OF DEVELOPMENT PERMIT A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 8.50.030(B). Application for a development permit shall be made on forms furnished by the Community Development Engineer and may include, but not be limited to: Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Where base flood elevations are utilized, ali new construction, substantial improvements and other development must comply with requirements of Section 8.50.040(C)(2), Use of Other Base Flood Data. B) DESIGNATION OF THE COMMUNITY DEVELOPMENT ENGINEER OF THE CITY OF ASPEN The Community Development Engineer is hereby appointed to administer and implement this ordinance by granting or denying development permit applicafi?ns in accordance with its provisions. C) DUTIES AND RESPONSIBILITIES OF THE COMMUNITY DEVELOPMENT ENGINEER Duties of the Community Development Engineer shall include, but not be limited to: 1) Permit Review (a) Review all development permits to determine that the permit requirements of this ordinance have been satisfied; (b) Review ail development permits to determine that all necessary permits have been obtained from Federal, State, or local governmental agencies bom which prior approval is required. 8 (c) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 8.50.050(C) are met. 2) Use of Other Base Flood Data When base flood elevation data has not been provided in accordance with Section 8.50.030(B), BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Community Development Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from any Federal, State, or other source. Where base flood elevation data are utilized, all ne~v construction, substantial improvements, or other development in Zone A are administered in accordance with Sections 8.50.040(C)(3), Information to be Obtained and Maintained and 8.50.050(B), SPECIFIC STANDARDS. 3) Information to be Obtained and Maintained (a) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (b) For all new or substantially improved floodproofed structures: (i) Verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed. (ii) Maintain the floodproofing certifications required in Section 8.501040(C)(1). (c) Maintain for public inspection all records pertaining to the provisions of this ordinance. 4) Alteration of Watercourses (a) Notify adjacent communities, the Colorado Water Conservation Board, and the Grand Junction office of FEMA prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (b) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. 5) Interpretation of FIRM Boundaries Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable oppommity to appeal the interpretation as provided in Section 8.50.040(D). D) VARIANCE PROCEDURE 1) Appeal Board (a) The Building Code Board of Appeals, as established by the City of Aspen, shall hear and decide appeals and requests for variances from the requirements of this ordinance. (b) The Building Code Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Community Development Engineer in the enforcement or administration of this ordinance. (c) Those aggrieved by the decision of the Building Code Board of Appeals, or any taxpayer, may appeal such decisions to the Circuit Court as provided in the Colorado Statute. (d) In passing upon such applications, the Building Code Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: (i) the danger that materials may be swept by floodwaters onto other lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners; (iv) the importance of the services provided by the proposed facility to the community; (v) the necessity to the facility of a waterfront location, where applicable; (vi) the availability of alternative locations for the proposed use which are not subject to flood'mg or erosion damage; (vii) the compatibility of the proposed use with the existing and anticipated development; 10 (viii) the relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) the expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and, (xi) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, streets and bridges. (e) Upon consideration of the factors of Section 8.50.040(D)(1)(d) and the purposes of this ordinance, the Building Code Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (f) The Community Development Engineer shall maintain the records of all appeal actions, including tecknical information, and report any variances to the Federal Emergency Management Agency. 1) Conditions for Variances (a) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xi) in Section 8.50.040(D)(1)(d) have been fully considered. As the lot size increases beyond the one-half acre,the technical justifications required for issuing the variance increases. (b) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. (c) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (e) Variances shall only be issued upon: 11 (i) a showing of good and sufficient cause; (ii) a detenuination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public as identified in Section 8.50.040(D)(1)(d) or conflict with existing local laws or ordinances. (f) Any apPlicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor below the base flood elevation and that the cost of flood insurance will be conunensurate with the increased risk from the reduced lowest floor elevation. SECTION &50.050 PROVISIONS FOR FLOOD HAZARD REDUCTION A) GENERAL STANDARDS In all areas of special flood hazard, the following standards are required: 1) Anchoring (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads. (b) All manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. Specific requirements may be: (i) over-the-top ties be provided at each of the four comers of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side. (ii) frame ties be provided at each comer of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side; 12 (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and (iv) any additions to the manufactured home be similarly anchored. 2) Construction Materials and Methods (a) Ail new construction m~d substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (c) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 3) Utilities (a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4) Subdivision Proposals (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (c) Ail subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and 13 (d) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). B) SPECIFIC STANDARDS In all areas of special flood hazard where base flood elevation data has been provided as set forth in Section 8.50.030(B), BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or SECTION 8.50.040(C)(2), Use of Other Base Flood Data, the following provisions are required: 1) Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation. 2) Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to the level of the base flood elevation; or, together with attendant utihty and sanitary facilities, shall: (a) be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water; (b) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and, (c) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this paragraph. Such certifications shall be provided to the official as set forth in Section 8.50.040(C)(2) 3) Openings in Enclosures Below the Lowest Floor For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meet'mg this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: 14 (a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; (b) The bottom of all openings shall be.no higher than one foot above grade; (c) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4) Below-Grade Residential Crawlspace Construction New construction and substantial improvement of any below-grade crawlspace shall: (a) Have the interior grade elevation, that is below base flood elevation, no lower that two feet below the lowest adjacent grade; (b) Have the height of the below grade crawlspace measured frOm the interior grade of the crawlspace to the top of the foundation wall, not exceed four feet at any point; (c) Have an adequate drainage system that allows floodwaters to drain from the interior area of the crawlspace following a flood; (d) Meet the provisions of Section 8.50.050(A)(1), Anchoring; 8.50.050(A)(2), Construction Materials and Methods; and 8.50.050(A)(3), Openings in Enclosures Below the Lowest Floor. 5) Manufactured Homes (a) Manufactured homes shall be anchored in accordance with Section 8.50.050(A)(1)(a). (b) All manufactured homes or those to be substantially improved shall conform to the following requirements: (i) Require that manufactured homes that are placed or substantially improved on a site (a) outside of a manufactured home park or subdivision, (b) in a new manufactured home park or subdivision, (c) in an expansion to an existing manufactured home park or subdivision, or (d) in an existing manufactured home park or subdivision on which a~manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely 15 anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (ii) Require that manufactured homes be placed or substantially improved on sites in existing manufactured home parks or subdivisions that are not subject to the provisions in (a) above be elevated so that either (a) the lowest floor of the manufactured home is at or above the base flood elevation, or (b) the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 6) Recreational Vehicles Recreation vehicles are prohibited per Section 16.04.080 of the Aspen Municipal Code. C) FLOODWAYS Located within areas of special flood hazard established in Section 8.50.030(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) If Section 8.50.050(C)(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 8.50.050, PROVISIONS FOR FLOOD HAZARD REDUCTION Section 2: That Section 26.104.100 of the Aspen Municipal Code shall be amended as follows: Section 26.104.100~ De[~nitions: Awning. A roof-like cover that projects not less that three (3) feet and not more than five (5) feet from the wall of a building for the purpose of shielding a doorway or window from the elements. Canopy. A roof-like cover that projects more than five (5) feet from the wall of a building. 16 Section 3: That Section 26.222.070(B) of the Aspen Municipal Code shall be amended as follows: Section 26.222. 070(B), Meetings~ hearings and procedures: B. All meetings of the Design Review Appeal Committee shall be open to the public, and project sites for specific appeals shall be required to post the property at least fifteen (15) days prior to the hearing before the Committee. Section 4: That Section 26.304.060(E)(3) of the Aspen Municipal Code shall be amended as follows: Section 26.304.060(E)(3)~ Public Notice: b. Posting of notice. Posting of notice shall be made by the applicant, who shall obtain a copy of the form from the Community Development Department. The notice shall be posted at least fifteen (15) days prior to the public hearing, by posting a sign in a conspicuous place on the property subject to the development application. The sign shall be made of suitable, waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six (26) inches high, and shall be composed of letters not less than one inch in height. c. Mailing of notice. Mailing of notice shall be made by the applicant, who shall obtain a copy of the notice from the Community Development Department. The mailing shall contain that information described in Section 26.304.060(E)(2). At least fifteen (15) days prior to the public hearing, notice shall be sent by first class, postage prepaid U.S. mail, or hand delivered, to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. f. Notice to Mineral Estate Owner. An applicant for surface development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify .that notice has been provided to the mineral estate owner. Section 5: That Section 26.312.030(F)(2) of the Aspen Municipal Code shall be amended as follows: 17 Section 26.312.030(F)(2), Nonconforming structures, Abilit~ to Restore: F. Ability to Restore. 1. Non-purposeful destruction. Any non-conforming structure which is demolished or destroyed by an act of nature, or through any rammer not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is issued within twenty four (24) months of the date of demolition or destruction. 2. Purposeful destruction. Any non-conforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the cun'ent provisions of this Title, or unless replacement of the non-conformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is non- conforming in regards to the permitted density of the underlying zone district may maintain that specific non-conformity only if a building permit for the replacement structure is issued within twelve (12) months of the date of demolition or destruction.* *A duplex or two single-family residences on a substandard parcel in a zone district permitting such use is a non-conforming structure and subject to non- conforming structure replacement provisions. 'Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the code including single-family floor area requirements. Section 6: That Section 26.410.040(B)(1) of the Aspen Municipal Code shall be amended as follows: Section 26.410.040(B)(1)~ Building Form, SecondarF Mass: 1. Secondary Mass. All new structures shall locate at least 10% of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. 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 secondary mass shall be defined as an element not less than six (6) feet in width and ten (10) feet in length with a plate height of not more than nine (9) feet. Section 7: That Section 26.440.070(B) of the Aspen Municipal Code shall be amended as follows: Section 26.440.070(B), SPA agreement and recordation: B. Recordation of final development plan. The final development plan, which shall consist, as applicable, of final drawings depicting the site plan, landscape 18 plan, utility plan and building elevations, and specially planned area (SPA) agreement shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development o~der, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and SPA agreement. Failure on the part of the applicant to record the final development plan and SPA agreemenI within a period of one hundred and eighty (180) days following its approval by City Council shall render the plan invalid and all associated vested rights shall expire. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Section 8: That Section 26.445.070(A) of the Aspen Municipal Code shall be amended as follows: Section 26.445.070(A)~ Recording a Final PUD Development Plan: A. General. Unless otherwise specified in the City Council Ordinance granting final approval of a PUD development plan, all necessary documents, as applicable, shall be recorded within one-hundred-and-eighty (180) days of the adoption date of the final Ordinance. Failure to file these documents within this time period shall render null and void the approval of a final development plan. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Reconsideration of the final development plan and PUD agreement by the Planning and Zoning Commission and City Council may be required before its acceptance and recording. Section 9: That Section 26.480.030(2)(E) of the Aspen Municipal Code shall be amended as follows: Section 26.480.050(2)(E), Lot Split: e. The subdivision exemption a~eement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. 19 Section 10: That Section 26.480.070(£) of the Aspen Municipal Code shall be amended as follows: Section 26.480.070(E)~ Subdivision Agreement, Recordation: E. Recordation. The subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within a period of one hundred eighty (180) days following approval by the City Council shall render the plat invalid. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. The subdivision plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the City/County GIS system. The one hundred eighty (180) day recordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City of Aspen. Section 11: That Section 26.510.040(E) of the Aspen Municipal Code shall be amended as follows: Section 26.$10.040(E), Determination of Compliance: E. Determination of c?mpliance. After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Corrkmtmity Development Director shall approve, approve with conditions or deny the development application for a sign permit. Section 12: That Section 26.510.060 of the Aspen Municipal Code shall be amended as follows: Section 26. 51 O. 060~ Sign Setback: Signs are not subject to the setback requirements of the zone district where they are located. Section 13: That Section 26.510.080(C) of the Aspen Municipal Code shall be amended as follows: Section 26.510.080(C), Graphic Des(gns: Section has been eliminated. 20 Section 14: That Section 26.610.020(D) of the Aspen Municipal Code shall be amended as follows: Section 26.610.020(D)~ Park Impact FeeI ~lpplicabilitF: Section has been eliminated. Section 15: That Section 26.610~080 of the Aspen Municipal Code shall be amended as follows: Section 26. 61 O. 080~ ,4[[ordable Housing Whenever the city council shall have determined that any part of a proposed development constitutes an affordable housing development and wishes to subsidize its construction, the city council may exempt that part of the development from the application of the park development impact fee, or reduce by any amount the fees imposed by this section. Section 16: All material representations and commitments made by the applicant pursuant to the Code Amendment approval as herein awarded, whether in public hearing or documentation presented before the Plamfing and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set f6rth herein, unless amended by an authorized entity. Section 17: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 18: 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 25th day 0fFebru~ 2002. 21 Attest: - ::.. l~tlar~ S.~och, City Clerk ~N~LY, adopted, p~sed ~d approved tbs 25th Day of M~ch 2002. A~est: ~th~ S~eh, ~ Clerk Approved as to form: John W6rcest~r,'C~ ARorney d:~home~saraho¥1anning~codeam~ndments~smallcodeordfe~a:doc 22