HomeMy WebLinkAboutordinance.council.013-2022ORDINANCE #13
SERIES OF 2022
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CITY OF ASPEN LAND
USE CODE SECTIONS: 26.104.100, DEFINITIONS; 26.210 COMMUNITY DEVELOPMENT
DEPARTMENT; 26.212, PLANNING AND ZONING COMMISSION; 26.312, NON -
CONFORMITIES; 26.316, APPEALS; 26.430, SPECIAL REVIEW; 26.470, GROWTH
MANAGEMENT QUOTA SYSTEM; 26.540, CERTIFICATES OF AFFORDABLE HOUISNG
CREDIT; 26.575.020, CALCULATIONS AND MEASUREMENTS; 26.610, IMPACT FEES;
AND 26.710, ZONE DISTRICTS; AND THE CREATION OF A NEW SECTION, 26.580,
DEMOLITION. ADDITIONALLY, THIS ORDINANCE ADOPTS THE RESIDENTL4L
DEMOLITIONAND REDEVELOPMENT STANDARDS AS IDENTIFIED IN SECTION
26.580, DEMOLITION.
WHEREAS, the City of Aspen (the "City") is a legally and regularly created, established,
organized, and existing municipal corporation under the provisions of Article XX of the Constitution of
the State of Colorado and the Home Rule Charter for the City (the "Charter"); and,
WHEREAS, the zoning and land use powers conferred upon the City by the State of Colorado
as a Home Rule Municipality empower the City to manage land use to ensure the public health, safety,
and welfare; and,
WHEREAS, the City of Aspen currently regulates land uses within the City limits in
accordance with the Aspen Land Use Code (hereinafter 'Land Use Code"), Title 26 of the Aspen
Municipal Code, adopted pursuant to its Home Rule Constitutional authority and the Local Government
Land Use Control Enabling Act of 1974, as amended, §§29-20-101, et seq. C.R.S; and,
WHEREAS, the character of certain development activities in the City of Aspen is having a
negative impact upon the health, peace, safety, and general wellbeing of the residents and visitors of
Aspen; and,
WHEREAS, recent land use applications seeking Development Orders in various City Zone
Districts do not appear to be consistent with the goals and vision as expressed by the 2012 Aspen Area
Community Plan, including:
• We must pursue more aggressive measures to ensure the needs of the community are met, and to
preserve our unique community character. (pg 20); and
• I.I. Achieve sustainable growth practices to ensure long-term vitality and stability of our
community and diverse visitor -based economy. (pg 24); and
• V.I. Encourage a commercial mix that is balanced, diverse and vital and meets the needs of
year-round residents and visitors. (pg 26); and
• V.2. Facilitate the sustainability of essential businesses that provide basic community needs. (pg
26); and
V.3. Ensure that the City Land Use Code results in development that reflects our architectural
heritage in terms of site coverage, mass, scale, density and a diversity of heights, in order to:
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o Create certainty in land development.
o Prioritize maintaining our mountain views.
o Protect our small-town community character and historical heritage.
o Limit consumption of energy and building materials.
o Limit the burden on public infrastructure and ongoing public operating costs.
o Reduce short- and long-term job generation impacts, such as traffic congestion
and demand for affordable housing. (pg 26); and,
WHEREAS, the City of Aspen depends on a lived-in community of year-round locals to
support community culture, provide labor and capital to support the local economy, ensure public
safety and peace through the presence of first responders, health care and essential service workers in
the community, and ensure the long-term viability of the community and tourist economy; and,
WHEREAS, due to unprecedented increases in home prices and a lack of supply over time, the
residential real estate market in Aspen no longer delivers meaningful housing for local residents,
therefore, the affordable housing system is relied upon to provide the vast majority of housing for
locals and workers; and,
WHEREAS, the availability of housing for local workers and residents including first
responders, health care workers, and other essential service workers is diminishing, the system for
delivering affordable housing is not keeping pace with need, and the housing market in the region and
state of Colorado are in crisis; and.
WHEREAS, recent evolutions in the residential real estate market and economy, including
new financial dynamics, the proliferation of short-term rentals, have rendered elements of the Land Use
Code inadequate to respond to local affordable housing needs; and,
WHEREAS, the current regulatory structure to deliver affordable housing to the community is
inadequate to meet the needs of current residents and provide affordable housing to meet the future
needs, and to ensure the presences of first responders, health care and essential workers, and an adequate
labor force to support the economy; and,
WHEREAS, the Aspen Area Community Plan includes policies directing the City of Aspen to
address affordable housing in the community, including:
• VIII. I. Restore public confidence in the development process. (pg 27)
• VIII.2. Create certainty in zoning and the land use process. (pg 27)
• VII1.3. Ensure that the Planned Development process results in tangible, long-term
community befits and does not degrade the built or natural environment through mass
and scale that exceeds the Land Use Code standards. (pg 27)
• II.I. The housing inventory should bolster our socioeconomic diversity. (pg 4I)
• II.2. Affordable housing should be prepared for the growing number of retiring
Aspenites. (pg 4I)
■ IV.2. All affordable housing must be located within the Urban Growth Boundary. (pg 42)
• IV.3. On -site housing mitigation is preferred. (pg 42)
+ IV.5. The design of new affordable housing should optimize density while
demonstrating compatibility with the massing, scale, and character of the neighborhood;
(pg 42); and,
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WHEREAS, a functional residential housing sector is essential to sheltering Aspen's
populations, supporting a stable economy, maintaining the health, peace and safety of the City of
Aspen for its residents and visitors; and,
WHEREAS, the City of Aspen recognizes that anthropogenic climate change and the impacts
to the ecological and economic health of the community constitutes an emergency and a threat to the
health and safety of the residents of the City of Aspen and the global community; and,
WHEREAS, the City of Aspen is a signatory to the US Mayors' Climate Protection Agreement,
the Chicago Climate Exchange, and the Global Covenant of Mayors for Climate and Energy, and
WHEREAS, the City committed to the Race to Zero campaign, requiring the City to publicly
endorse the following principles:
■ Recognize the global climate emergency.
■ Commit to keeping global heating below the 1.5° Celsius goal of the Paris Agreement.
+ Commit to putting inclusive climate action at the center of all urban decision -making,
to create thriving and equitable communities for everyone.
■ Invite our partners —political leaders, CEOs, trade unions, investors, and civil society —
to join us in recognizing the global climate emergency and help us deliver on science -
based action to overcome it; and,
WHEREAS, the City has adopted an Ecological Bill of Rights establishing ten inalienable
ecological rights for all, including:
• The right to ensure the efficient use of energy and of natural resources,
• The right to expect from our governments active and consistent enforcement of land use
and development regulations; and,
WHEREAS, the Aspen Area Community Plan includes policies directing the City of Aspen to
address climate change and environmental stewardship, including:
I.I. By 2020, reduce the carbon footprint of the Aspen Area from 2004 levels by 30% (to
588,612.5 tons CO2-e). (pg. 52)
I.2. All existing development and uses should minimize their greenhouse gas emissions.
(pg. 52)
1.3. Incentivize alternative forms of transportation to reduce reliance on fossil fuels. (pg. 52)
1.4. All new development and uses should minimize their greenhouse gas emissions. (pg. 52)
11.3. All existing development and uses should minimize their air pollution emissions.
(pg. 52)
II.4. All new development and uses should minimize their air pollution emissions. (pg. 52)
IV.1. Maximize recycling, implement waste reduction and environmentally responsible
purchasing programs, and encourage behavior that moves the Aspen Area toward being
a zero -waste community and extends the life of the landfill. (pg. 53)
IVA. Increase the practice of deconstruction and increase the amount of materials that are
diverted from the landfill, reused or recycled. (pg. 53)
V.4. Require new development and redevelopment to minimize their energy usage and use on -
site renewable energies as the site allows. (pg. 53)
V.S. Existing development should minimize energy usage and use on -site renewable energies
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as the site allows; (pg. 53); and,
WHEREAS, residential development contributes to climate change through transportation
required to construct and service residential properties, the energy and impacts inherent in creating and
sourcing the materials necessary for residential development, the natural resource consumption required
for the operation of residential structures, and the production of solid waste and associated disposal
impacts from the construction and operation of residential structures; and,
WHEREAS, the City's current residential development regulations are not sufficiently aligned
with its adopted climate and environmental protection policies and regulations, undermining the
community's ability to effectively reduce greenhouse gas emissions and avoid the worst effects of climate
change; and,
WHEREAS, a pause in certain types of residential development is necessary in order to ensure
that residential development supports the City's adopted climate and environmental policies and does not
unnecessarily contribute to further climate and environmental impacts; and,
WHEREAS, the processes and procedures described in the Land Use Code, including but not
limited to Chapter 26.300 determine how development is reviewed and permitted in the City; and,
WHEREAS, those processes and procedures are designed to balance the right to the use of
private real property in the City with community input and preservation of history and character to
ensure the orderly use of land within the City limits; and,
WHEREAS, in certain circumstances, those processes and procedures are not delivering the
development outcomes described in the AACP or Land Use Code, warranting a pause to certain
residential development applications to align those processes and procedures with adopted community
policies; and,
WHEREAS, the community has a Growth Management Quota System (GMQS) designed to
manage the pace, type, location, and extent of development. That system was developed prior to recent
evolutions in Aspen's development environment including the proliferation of private vacation rentals,
current trends in development finance and ownership, and the further build -out of Aspen's zone districts.
To provide for the ongoing viability of the GMQS system, it is necessary to assess the applicability and
effectiveness of GMQS relative to adopted City policies in the context of the pause on residential
development established by this ordinance; and,
WHEREAS, the City Council and the Community Development Department require a period of time
in which to review all existing land use codes and regulations as they affect land use development in
certain Zone Districts within the City of Aspen to ensure that all land use development proceeds in a
manner that is consistent with the Aspen Area Community Plan; and,
WHEREAS, the City Council desires that the staff of the Community Development Department
conduct a thorough analysis and assessment of the Land Use Code and regulations affecting the
development of land within certain Zone Districts of the City of Aspen, with particular attention to
zoning, Growth Management Quota System, affordable housing, solid waste, environmental
stewardship, climate action, development review procedures, calculations and measurements, and
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related regulations to ensure consistency with the Aspen Area Community Plan and Climate Action Plan;
and,
WHEREAS, a moratorium through an emergency ordinance on all development applications
will enable a reasoned discussion and consideration of desired amendments to the Land Use Code without
creating a rush of development applications and the related impacts upon the community; and,
WHEREAS, Ordinance #24, Series of 2021, which proposed changes to the calculation of
affordable housing mitigation was tabled by Council and had not been enacted; and,
WHEREAS, in Ordinance #06, Series of 2022, The Aspen City Council by a vote of 5-0 approved
a temporary moratorium through June 8, 2022, on the acceptance of any new land use application seeking
a development order or notice of approval, and on the acceptance of certain building permit applications
for all residential uses in all zone districts within the city; and declaring an emergency; and,
WHEREAS, Policy Resolution #043, Series of 2022, approved by Council on March 22, 2022
during a properly noticed public hearing, provided direction to staff to pursue amendments of the
Land Use Code to "support the development of more affordable housing in Aspen" and "Align land
use review processes with community development needs, including affordable housing, and the
mitigation of the community impacts from free-market development" among other objectives; and,
WHEREAS, in Ordinance #08, Series of 2022, The Aspen City Council, by a vote of 5-0
approved, an extension of the temporary moratorium through August 8, 2022; and,
WHEREAS, in response to Council direction and approval, Community Development staff has
engaged a Consultant support team that includes Design Workshop, City Explained, Inc., White and Smith
Planning Group, RRC Associates, and Economic and Planning Systems (EPS); and,
WHEREAS, throughout the duration of the moratorium, staff and the consultant team carried out
an extensive public engagement effort to inform the public and receive input from stakeholders. A
summary of these efforts was presented to Council at a Work Session on May 9, 2022; and,
WHEREAS, in response to Council direction, recommendations from the consultant team, and
input from the community, including technical stakeholders, staff has drafted proposed amendments
throughout the Land Use Code in support of the Policy Resolution and Council's desired outcomes of the
temporary moratorium as identified in Ordinance #06, Series of 2022; and,
WHEREAS, Community Development staff provided public engagement opportunities, and held
discussion with the Planning and Zoning Commission on June 7, 2022 and received recommendations from
the Planning and Zoning Commission; and,
WHEREAS, at a regular meeting on June 14, 2022 City Council by an four —zero (4-0) vote, approved
Ordinance #13, Series of 2022 on First Reading; and,
WHEREAS, at a regular scheduled meeting and properly noticed public hearing on June 30, 2022,
Council heard presentation from city staff, considered public comment, and continued the meeting to June 30,
2022 at 2:00 p.m.; and,
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WHEREAS, at a continuation of a regular meeting and properly noticed public hearing on June 30th,
City Council by a five - zero (5-0), approved Ordinance #13, Series of 2022 on Second Reading; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1•
The following definitions in Land Use Code Section 26.104.100. Definitions shall be rescinded and
readopted as follows:
26.104.100. Definitions.
As used in this Code, unless the context otherwise requires, the following terms shall be defined as
follows:
100% Deed -Restricted Affordable Housing. Residential projects where all the dwelling units are
subject to a recorded deed -restriction with the Aspen Pitkin County Housing Authority (APCHA). The
units may be Category units, Resident Occupied (RO) units, or some combination thereof.
A-mr-dable housine. A dwelling unit eF units sab'ee4 te the size,type, feaW, sale and eeeupaney
Deconstruction. The systematic dismantling of a structure in order to maximize the salvage of
materials and parts for reuse and recycling. Deconstruction is undertaken as part of the Demolition or
Destruction of a building or structure.
Demolition. To raze, disassemble, tear down or destroy forty percent (40%) or more of an existing
structure (prior to commencing development) as defined and described in Section 26.580. For the
method of determining demolition, see Section 26.580.040, Measurement of demolition. Demolition
shall also include the removal of a dwelling unit in a multi -family or mixed -use building, its conversion
to nonresidential use, or any action which penetrates demising walls or floors between Multi -Family
Housing Units if such action is undertaken to combine the units. (See Section 26.470.100.D,
Demolition or Redevelopment of Multi -Family Housing)
Destruction. To remove, disassemble, tear down or destroy portions of a building or structure where
the proposed scope does not exceed the 40% Demolition threshold as defined by Section 26.580 -
Demolition.
Development. The use or alteration of land or land uses and improvements inclusive of, but not limited
to: 1) the creation, division, alteration or elimination of lots; or 2) mining, drilling (excepting to obtain
soil samples or to conduct tests) or the construction, erection, alteration, Redevelopment, destruction,
or Demolition of buildings or structures; or 3) the grading, excavation, clearing of land or the deposit
or fill in preparation or anticipation of future development, but excluding landscaping.
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Diversion. Any activity, including recycling, source reduction, reuse, deconstruction, or salvaging of
materials, which causes materials to be diverted from disposal in landfills and instead puts the material
to use as the same or different usable product.
Dwelling, Affordable housing. A dwelling unit or units subject to the size, type, rental, sale and
occupancy restrictions and guidelines for affordable housing adopted by the City as part of the
Affordable Housing Guidelines and Chapter 26.470, Growth Management Quota System.
Dwelling, Free market. A dwelling unit not subject to the construction, occupancy or other
regulations adopted by APCHA, the City, or its housing designee under the City's affordable housing
program.
Dwelling, multi -family. A residential structure containing three (3) or more attached or detached
Dwelling Units, not including hotels and lodges, but including townhomes, that may include accessory
use facilities limited to an office, laundry, recreation facilities and off-street parking used by the
occupants. One (1) or more Dwelling Units located within a Mixed -Use building shall also be
considered a multi -family dwelling. The term "multi -family dwelling" also includes properties listed
on the Aspen Inventory of Historic Landmark Sites and Structures consisting of three (3) or more
Residential Dwellings.
Employee housing. The same as Dwelling, Affordable Housing.
Floor area. A general term used to describe the sum total of the gross horizontal areas of each story
of the building measured from the exterior walls of the building. Floor Area includes Gross Floor Area,
Mitigation Floor Area, Allowable Floor Area (see specific definitions of each type below for additional
clarity). Also see, Supplementary Regulations — Section 26.575.020, Calculations and
measurements).
Floor Area, Allowable. — The total amount of floor area allowed on a property based on the
limitations and allowances in the applicable zone district in Title 700 and calculated pursuant
to Section 26.575.020.D, Calculations and Measurements.
Floor Area, Gross. Gross floor area is the total horizontal area of all floors in a building, and
of all floors in any accessory structure on the same lot, measured from the exterior face framing
of the exterior walls (See Section 26.575.020.D), or the centerline of a common wall separating
two buildings, but excluding unenclosed balconies.
Floor Area, Mitigation — The Gross Floor Area of a structure minus exclusions included in
Section 26.575.020.D. This floor area measurement is used to assess required affordable
housing mitigation for a given project.
Floor Area, Non -unit space. The area, considering all inclusions and exclusions, within a
lodge, hotel or mixed use building that is commonly shared. (Also see Calculations and
Measurements Section 26.575.020.D.14)
Floor area ratio (FAR). The total floor area of all structures on a lot divided by the lot area.
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Floor area ratio, external. The total floor area of all structures compared to the total area of
the building site.
Floor area ratio, internal. The floor area within a building devoted to a particular use,
compared to the total floor area of the building.
Four-plex. A multifamily housing project consisting of four, attached or detached units.
a !edge, hotel or mixed use building tha4 is eerflnionly shared. (,Mso see Seetion 26.575.0
Reconstruction. To rebuild an existing structure, or part of a structure in kind following destruction.
Redevelopment. The replacement, rehabilitation, repurposing, remodel, or addition to pre-existing
structures or uses on a parcel where the scope of work exceeds Demolition (as defined by this title).
Redevelopment is distinct from Development in that Development may occur without triggering
Demolition, where Redevelopment is only applicable when Demolition has been triggered.
Residential multi -family housing. A dwelling unit which has in its history ever housed a working
resident and which is located in a building in one of the following configurations:
1) A multi -family residential building, including 3 or more attached or detached dwelling units;
2) A mixed -use building; or
3) A detached building on a property listed on the Aspen Inventory of Historic Landmark Sites
and Structures containing three (3) or more detached residential units where permitted by the zone
district.
Excluded from this definition shall be single-family and duplex dwellings and dwelling units used
exclusively as tourist accommodations by or nonworking residents.
Salvage. The controlled removal of items and material from a building, construction, or demolition site
for the purpose of on- or off -site reuse, or storage for later reuse. The salvaging of materials is one
method of meeting waste diversion requirements.
Source separated recyclable materials. The recyclable materials that are separated from other
recyclable materials or solid waste and placed in separate containers according to type or category of
materials and directly marketed as a single commodity.
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Tri-plex. A multifamily housing project consisting of three, attached or detached units.
26.104.110. Use Categories.
Residential use.
Characteristics A dwelling unit used or intended for use exclusively for dwelling purposes,
not including hotels or lodges, which is occupied by a single resident, family
or household.
Examples Residential uses and configurations include the following categories:
1. detached residential dwellings,
2. attached residential dwellings, duplex dwellings,
3. multi -family dwellings, residential multi -family housing, which refers to
any of the following configurations: multi -family dwelling unit(s)
located in an exclusively residential building, a multi -family dwelling
unit(s) located in a mixed -use building, or detached buildings containing
three (3) or more detached residential dwellings where permitted by the
zone district, and
4. Home occupation: principally residential buildings that includes a
business, occupation or trade conducted principally within the dwelling or
accessory structure, allowed only as an accessory use, and occupied on a
full time basis by a person who is employed by the commercial use. (See
also section 26.575.090, Home Occupations.)
In addition, residential uses are further divided into affordable housing and
free market units for purposes of the Growth Management Quota System
(Chapter 26.470) and the disposition of units by location or floor area in the
applicable zone district.
Accessory Uses Accessory uses may include parking; and garbage, trash and recycling areas
consistent with City Code Chapter 12.04.
Accessory uses commonly found include parking of the occupants' vehicles,
home occupations, accessory dwelling units, and short-term rentals only
where allowed by the applicable zone district, and may be subject to
additional regulations.
Exceptions Uses classified as Hotel (Lodge) uses, bed and breakfast, dormitory,
boardinghouse.
Section 2•
Land Use Code Section 26.210.020.B. Director of Community Development Department shall be
rescinded and readopted as follows:
26.210.020. Director of Community Development Department.
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B. Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties which
may be conferred upon the Community Development Department Director by other provisions of this
Code, the Community Development Department Director shall have the following jurisdiction,
authority and duties:
1. To serve as staff to the City Council, to provide such body with planning and
technical assistance and to inform such body of all facts and information available
with respect to development applications or any other matters brought before it;
2. To serve as staff to the Planning and Zoning Commission, to provide such body
with planning and technical assistance and to inform such body of all facts and
information available with respect to development applications or any other matters
brought before it;
3. To serve as staff to the Historic Preservation Commission, to provide such body
with planning and technical assistance, to inform such body of all facts and
information available with respect to development applications or any other matters
brought before it and to inform such body regarding historic preservation items
being heard by other City boards in advance of those hearings;
4. To serve as staff to the Board of Adjustment and other decision -making bodies
established by this Title and to inform such bodies of all facts and information
available with respect to development applications or any other matters brought
before it;
5. To serve as staff to the Administrative Hearing Officer, to provide such officer with planning
and technical assistance and to inform such officer of all facts and information available with
respect to appeals of decisions made by an administrative official or any other matters brought
before it;
6. To render interpretations of this Title or the boundaries of the Official Zone District Map
pursuant to Chapter 26.306;
7. To enforce any provision of this Title or any other provision of this Code;
8. To establish such rules of procedure necessary for the administration of the Community
Development Department Director's responsibilities;
9. To exempt development within an H, Historic Overlay District in accordance with Chapter
26.415;
10. To approve minor modifications to a development order for development or demolition within
an H, Historic Overlay District in accordance with Chapter 26.415;
11. To exempt development in an environmentally sensitive area (ESA) in accordance with Chapter
26.435;
12. To exempt development which is subject to special review in accordance with Chapter 26.430;
13. To make determinations of exemptions from the growth management quota system (GMQS),
pursuant to Chapter 26.470;
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14. To approve, approve with conditions or deny development subject to GMQS administrative
approval in accordance with Chapter 26.470;
15. To approve development subject to subdivision administrative approval in accordance with
Chapter 26.480;
16. To approve development subject to Planned Development administrative approval in
accordance with Chapter 26.445;
17. To undertake all general comprehensive planning responsibilities;
18. To initiate amendments to the text of this Title or to the Official Zone District Map, pursuant
to Chapter 26.310;
19. To administer the land use application fee policy, to bill applicants according to said policy, to
take such actions deemed necessary in withholding development orders or issuing stop work
orders upon nonpayment of review fees and to waive any fees or portions thereof, upon request
according to said policy;
20. To approve, approve with conditions or deny development subject to Chapter 26.520,
Accessory Dwelling Units and Carriage Houses;
21. To extinguish a transferable development right in accordance with Chapter 26.535;
22. To issue and extinguish Affordable Housing Certificates in accordance with Chapter 26.540;
and
23. To assist and staff all aspects of the Master Planning process in accordance with Chapter
26.311.
24. To approve, approve with conditions, or disapprove an application for Administrative Public
Project review, pursuant to Chapter 26.500, and to determine if a private development
application is eligible for Public Project Review, pursuant to Section 26.500.040.D.
(Ord. No. 55-2000, §1; Ord. No. 54-2003, §3; Ord. No. 12-2007, §5; Ord. No.31-2012, §3; Ord. No.
36-2013, §7; Ord. No. 46-2015, §4)
Section 3:
Land Use Code Section 26.212.010. Planning and Zoning Commission shall be rescinded and
readopted as follows:
26.212.010. Powers and duties.
In addition to any authority granted the Planning and Zoning Commission (hereinafter "Commission")
by state law or the Municipal Code of the City of Aspen, Colorado, the Commission shall have the
following powers and duties:
A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310;
B. To review and make recommendations of approval or disapproval of amendments to the text of this
Title, pursuant to Chapter 26.310;
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C. To initiate amendments to the Official Zone District Map, pursuant to Chapter 26.310;
D. To review and make recommendations of approval, approval with conditions or disapproval to the
City Council in regard to amendments of the Official Zone District Map, pursuant to Chapter 26.310;
E. To review and make recommendations of approval, approval with conditions, or disapproval to the
City Council on a Planned Development Project Review and to approve, approve with conditions, or
deny Planned Development Detailed Review, pursuant to Chapter 26.445 — Planned Development;
F. To review and grant allotments for residential, office, commercial and lodge pursuant to growth
management quota system (GMQS), pursuant to Chapter 26.470;
G. To hear, review and recommend approval, approval with conditions or disapproval of a plat for
subdivision, pursuant to Chapter 26.480;
H. To hear and approve, approve with conditions or disapprove conditional uses pursuant to Chapter
26.425;
I. To hear and approve, approve with conditions or disapprove development subject to special review,
pursuant to Chapter 26.430;
I To hear and approve, approve with conditions or disapprove development in environmentally
sensitive areas (ESA), pursuant to Chapter 26.435;
K. To make its special knowledge and expertise available upon reasonable written request and
authorization of the City Council to any official, department, board, commission or agency of the City,
County, State or the federal government;
L. To adopt such rules of procedure necessary for the administration of its responsibilities not
inconsistent with this Title;
M. To grant variances, not including variances to allowable FAR or height, from the provisions of this
Title when a consolidated application is presented to the Commission for review and approval pursuant
to Chapter 26.314;
N. To grant variances from the provisions of this Title when a consolidated application is presented to
the Commission for review and approval pursuant to Chapter 26.314;
O. To hear, review and approve variances to the residential design guidelines, pursuant to Chapter
26.410;
P. To hear and decide appeals from and review any order, requirement, decision or determination made
by any administrative official charged with the enforcement of Chapter 26.410, including appeals of
interpretation of the text of the residential design standards. The Commission may only grant relief
from the residential design standards. A variance from the residential design standards does not grant
an approval to vary other standards of this Chapter that may be provided by another decision -making
administrative body; and
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Q. To hear, review and approve, approve with conditions or disapprove an application for Public
Projects Review, pursuant to Chapter 26.500.
R. To hear, review and approve, approve with conditions or disapprove an application appealing the
Community Development Directors determination that Demolition has been triggered pursuant to
Chapter 26.580.
(Ord. No. 41-2002, §1; Ord. No. 50a-2005, §3; Ord. No. 12-2007, §6; Ord. No. 31-2012, §4; Ord. No.
36-2013, §8; Ord. No. 46-2015, §§ 5&6)
Section 4•
Land Use Code Sections 26.312.020.G; 26.312.030.F, and 26.312.070. Non -Conformities shall be
rescinded and readopted as follows:
26.312.020. Nonconforming uses.
G. Demolition or destruction.
Ability to restore. Any nonconforming use located in a structure which is purposefully
demolished, pursuant to the definition of Demolition, may not be continued or restored. Any
nonconforming use located in a structure undergoing construction, which does not constitute a
demolition, has an approved development order, and an approved building permit shall not be
considered discontinued.
2. Nonwillful destruction. Any nonconforming use which is demolished or destroyed by an act
of nature or through any manner not purposefully accomplished by the owner may be restored
as of right, regardless of the extent of demolition or destruction, if a building permit for
reconstruction is submitted within twenty-four (24) months of the date of demolition or
destruction.
(Ord. No. 55-2000, §§2, 3; Ord. No. 12, 2007, §§15, 16; Ord. No.7, 2014, §13)
26.312.030. Non -conforming structures.
F. Ability to restore.
1. Non- u oseful destruction. Any nonconforming structure that is Demolished, or portion
thereof which is destroyed by an act of nature or through any manner not purposefully
accomplished by the owner, may be restored as of right if a building permit for reconstruction
is submitted within twenty-four (24) months of the date of Demolition or destruction.
2. Purposefiil destruction. Any nonconforming structure that is purposefully Demolished or
portion thereof which is purposefully destroyed, may be replaced with a different structure only
if the replacement structure is in conformance with the current provisions of this Title or unless
replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430,
Special Review. Any structure which is nonconforming in regards to the permitted density of
the underlying zone district may maintain that specific nonconformity only if a building permit
for the replacement structure is submitted within twelve (12) months of the date of demolition
or destruction.
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a. Density Replacement. A duplex or two single-family residences on a substandard
parcel in a zone district permitting such use is a nonconforming structure and subject to
nonconforming 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.
(Ord. No. 1-2002, § 6 [part]; Ord. No. 9-2002, § 5; Ord. No. 35-2004, § 1; Ord. No. 7-2008, § 1; Ord.
No. 6-2018)
26.312.070. Affordable Housing.
A. Any existing Non -Conforming structure or use that consists of 100% affordable housing that
has a current or proposed APCHA deed restriction shall be exempt from the provisions of this chapter,
provided the 100% affordable housing use will be added or remain on the parcel. The addition or
existence of another land use type shall require compliance with this chapter.
Section 5•
Land Use Code Section 26.316.020. C. Appeals shall be rescinded and readopted as follows:
26.316.020. Authority.
C. Planning and Zoning Commission. The
authority to hear and decide the following appeals:
Planning and Zoning Commission shall have the
1. An adverse determination by the Community Development Director on an application for
exemption pursuant to the Growth Management Quota System in accordance with Subsection
26.470.060.D. of this Title.
2. An adverse determination by the Community Development Director that a project triggers
Demolition pursuant to Section 26.580.
Section 6•
Land Use Code Sections 26.430.030 and 26.430.040.B shall be rescinded and readopted as follows.
New Section 26.430.040.K. shall be adopted,
26.430.030. Applicability.
Special review shall apply to all development in the City designated for special review by the following
chapters or sections of this Title:
■ Dimensional requirements (Chapter 26.710 — Zone Districts)
■ Replacement of nonconforming structures (Chapter 26.312)
■ Reduction of open space requirements in CC Zone District (Subsection 26.575.030.B)
• Off-street parking requirements (Section 26.515.040)
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Reductions in the dimensions of utility and delivery service area provisions
■ Subdivision standards (Section 26.480.050)
■ Accessory Dwelling Unit Design Standards (Chapter 26.520)
■ Wireless telecommunications facilities and/or equipment (Section 26.575.130)
■ Affordable housing unit standards
• Variations to the Residential Demolition and Redevelopment Standards (Section 26.580)
(Ord. No. 44-1999, §3; Ord. No. 47-1999, §4; Ord. No. 5-2000, §3; Ord. No. 52-2003, § 11; Ord. No.14-
2011, §1; No. 13-2013, §5)
26.430.040. Review standards for special review.
B. Replacement of nonconforming structures. Whenever a structure or portion thereof, which
does not conform to the dimensional requirements of the zone district in which the property is
located is proposed to be replaced after Demolition or destruction, the following criteria shall
be met:
1. The proposed development shall comply with the conditions of Subsection 26.430.040.A
above;
2. There exist special characteristics unique to the property which differentiate the property
from other properties located in the same zone district;
3. No dimensional variations are increased, and the replacement structure represents the
minimum variance that will make possible the reasonable use of the property; and
4. Literal enforcement of the dimensional provisions of the zone district would cause
unnecessary hardship upon the owner by prohibiting reasonable use of the property.
K. Demolition — Residential Demolition and Redevelopment Standards (new section)
A project may request variations from the requirements of the Residential Demolition and
Redevelopment Standards adopted as part of Chapter 26.580 if the Planning and Zoning Commission
makes a determination the project meets the intent of the requirements through an alternative design.
The Planning and Zoning Commission shall consider the following review criteria, and a
recommendation from the Community Development Department and any referral agencies in
determining if a project is eligible for a variation:
1. The project is designed in a manner that meets the intent of the Residential Demolition and
Redevelopment Standards.
2. Although specifics design elements are not provided that meet the specific items included in
the Residential Demolition and Redevelopment Standards, a design alternative is provided
that meets or exceeds the minimum thresholds established in the Residential Demolition and
Redevelopment Standards.
(Ord. No. 44-1999, §4; Ord. No. 5-2000, §4; Ord. No. 1-2002, §9; Ord. No. 52-2003, §12; Ord. No.
12, 2007, §§20, 21; Ord. No. 14 — 2011, §2; Ord. No. 13 — 2013, §6; Ord. No. 23, 2017, §20)
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Section 7•
Land Use Code Chapter 26.470. Growth Management Quota System shall be rescinded and readopted
as follows:
Chapter 26.470
GROWTH MANAGEMENT QUOTA SYSTEM (GMQS)
Sections:
Sec.26.470.010
Purpose.
Sec.26.470.020
Terminology.
Sec. 26.470.030
Applicability and Prohibitions.
Sec. 26.470.040
Allotment Procedures.
Sec.26.470.050
Calculations.
Sec. 26.470.060
Procedures for Review.
Sec. 26.470.070
Exempt Development.
Sec. 26.470.080
General Review Standards.
Sec. 26.470.090
Administrative applications.
Sec. 26.470.100
Planning and Zoning Commission applications.
Sec. 26.470.110
City Council applications.
Sec. 26.470.120
Yearly Growth Management accounting procedures.
Sec. 26.470.130
Application contents.
Sec. 26.470.140
Reconstruction limitations.
Sec. 26.470.150
Amendment of a growth management development order.
Sec.26.470.160
Appeals.
26.470.010 Purpose
The purposes of this Chapter are to: (a) implement the goals and policies for the City and the Aspen
Area Community Plan; (b) ensure that growth and development occurs in an orderly and efficient
manner in the City; (c) ensure sufficient public facilities are present to accommodate growth and
development; (d) ensure that growth and development is designed and constructed to maintain the
character and ambiance of the City; (e) ensure the presence of an adequate supply of affordable housing,
businesses and events that serve the local, permanent community and the area's tourist base; (f) ensure
that growth and development does not overextend the community's ability to provide support services,
including employee housing, traffic control and parking; and (g) ensure that the resulting employees
generated and impacts created by development and redevelopment are mitigated by said development
and redevelopment.
26.470.020 Terminology.
A. Growth Management Year. A year period, lasting from January 1 through December 31, which
constitutes the time period that each year's development allotments are available.
B. Development categories. All development falls into one of four land use categories, which are
outlined in Table 1. Table 1 establishes the development categories and units of allocation for each
category for purposes of administering this Chapter. Sub -Categories LA — LB are all considered
part of the Residential Uses category, and therefore conversion between these two sub -categories
does not require change in use review.
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C. TABLE 1, Development Categories
Cat gores
Descri on
Allocation units
1. Residential Uses
A. Residential —
Dwelling units intended exclusively for
Dwelling units
Free Market
residential purposes, not subject to any
residency requirements and not including
hotels, or lodging. Units may be in the form of
single-family, duplex, multi -family or part of
a mixed -use structure. (See definitions of
Residential use and Dwelling, Sections
26.104.100 and 26.104.110.)
i. Single family
Dwelling units that are demolished and
Dwelling units
and Duplex
redeveloped pursuant to 26.580 and subject to
Demolition
26.470.090. These allotments are a subset of
the total Residential, Free -Market allotment
total. (See definition of Demolition, Section
26.104.100
B. Residential —
Dwelling units intended to house only local
Dwelling units
Affordable Housing
working residents that are deed restricted
according to the Aspen/Pitkin County
Housing Authority Guidelines. Units may be
in the form of single-family, duplex, multi-
family, dormitory or part of a mixed -use
structure. (See definition of Affordable
housing, Sections 26.104.100 and 26.104.110.)
_
2. Commercial
Buildings, or portions thereof, supporting
Net leasable
office, retail, warehousing, manufacturing,
square feet
commercial recreation, restaurant/bar or
service oriented businesses, including retail
and office uses but not including hotel or
lodging uses. (See definition of Commercial
use, Sections 26.104.100 and 26.104.110.)
3. Lodging
Buildings, or portions thereof, used to house a
Lodging pillows.
transient tourist population on a short-term
(Each lodging
basis, including lodges, hotels, motels, bed and
bedroom shall be
breakfasts, and timeshare development. (See
considered to be
definition of Hotel, Sections 26.104.100 and
two pillows.)
26.104.110.)
4. Essential Public
Facilities serving essential public purposes
Square feet
Facilities
used by or for the benefit of the general public
and serving the needs of the community. (See
definition of Essential public facility, Sections
26.104.100 and 26.104.110.)
D. Annual development allotment. Each growth management year's potential growth within the
City, applied to each type of land use. This is a unit of measurement applied to each type of land
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use that, if granted, allows the specific development proposal to move forward in the review
process. The number of development allotments for each land use is established in Table 2 below.
See also Section 26.470.040, Allotment Procedure.
E. Carry -forward allotment. The number of unused and unclaimed growth management allotments
for each type of development that the City Council determines should be brought forward, or rolled -
over, into the next growth management year. Procedures for carry -forward are established in
Section 26.470.120, Yearly Growth Management accounting procedures.
F. Full Time Equivalent (FTE). A unit of measurement standardizing the workloads of employees.
In this Chapter, FTEs refer to the number of employees generated or housed by development.
26.470.030 Applicability and Prohibitions.
This Chapter shall apply to all development in the City unless exempted in section 26.470.070, Exempt
Development.
A. Number of development applications. No more than one (1) application for growth management
allotments on any one (1) parcel shall be considered concurrently. To submit a new application,
any active growth management application for the same property must be vacated.
B. Number of growth management allocations. No more than one (1) project shall be entitled to
growth management allotments on any one (1) parcel concurrently. In order to entitle a different
project on the same parcel, existing growth allotments must be vacated. (Also see Section
26.470.150, Amendment of a growth management development order.)
C. No automatic "resubmission" of growth management applications. Applications shall only be
eligible for growth allotments within the growth management session in which they are submitted
and shall not automatically become eligible for allotments in future sessions or future years.
Applications must be resubmitted in order to be eligible for allotments in the next session or next
year, as applicable. Resubmission shall effect a new submission date.
D. Subdivision and other required land use reviews. Projects requiring additional land use reviews,
including Conceptual Commercial Design Review, pursuant to Section 26.412, Commercial Design
Standards, Conceptual Review by the Historic Preservation Commission, pursuant to Section
26.415, Historic Preservation, Project Review or Detailed Review, pursuant to Section 26.445,
Planned Development, and Subdivision, pursuant to Section 26.480, Subdivision, may be reviewed
concurrently with review for growth management, pursuant to Paragraph 26.3 04.060.13. 1.
E. No partial approvals. In order for a project to gain approval, sufficient allotments for every
element of the project must be obtained. No partial approvals shall be granted. In circumstances
where a proposal requires allotments be granted for various types of uses within the project, the
reviewing body shall not grant approval unless allotments for every type of use are available. For
example: If a proposal requires that allotments be granted for free-market residential units,
affordable housing units and commercial space, and there are no remaining allotments for free-
market residential for the year, the project shall be tabled until such time as allotments are available.
In the above example, the project shall be tabled in total and not granted allotments for the
Ordinance #13, Series of 2022
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affordable housing units or the commercial space. Similarly, a project requiring 10,000 sq. ft. of
commercial allotments when only 5,000 sq. ft. of commercial allotments remain shall be tabled
until such time as allotments are available. Also see multi -year allotments below.
F. Multi -year growth allotments. Projects requiring development allotments in excess of the annual
allotment may be granted a multi -year allotment, pursuant to Subsection 26.470.110.A, or may gain
allotments over a multi -year period, provided that the allotment gained in any one (1) year shall not
exceed the annual allotment.
For example, a project requesting fifty thousand (50,000) square feet of commercial space may
request either a one-time, multi -year allotment of fifty thousand (50,000) square feet or may request
approval in the first year for twenty-five thousand (25,000) square feet and request approval for the
remaining twenty-five thousand (25,000) square feet in a subsequent year through a multi -year
allotment.
Gaining allotments in any year shall not guarantee that allotments will be granted in later years for
the same project. Projects requiring a multi -year allotment shall not be granted a development
order until all elements of the project have been granted allotments. If the design of a project
changes prior to receiving the full allotment needed for a development order, the reviewing body
shall determine if the changes are acceptable or if the change invalidates the previously granted
allotment and requires a resubmission for allotments. Applications for each year's allotment need
to be submitted, and there shall be no preferential status given to a project granted partial allotment.
Projects that do not require allotments in excess of the annual allotment shall not be eligible to gain
partial allotments. See No partial approvals above.
G. Non -assignability of growth allotments. Development allotments obtained pursuant to this
Chapter shall not be assignable or transferable independent of the conveyance of the real property
on which the development allotment has been approved.
H. No reduction in mitigation requirements. Notwithstanding Section 26.470.110.1), Essential
Public Facilities, an applicant may not request a reduction in the mitigation requirements of this
Chapter. Properties requesting historic designation pursuant to Chapter 26.415, Historic
Preservation, may be exempt from this provision, provided, however, that any reduction is reviewed
and approved by City Council.
I. No combination of multiple affordable housing requirements allowed. Whenever multiple
affordable housing mitigation requirements are required each housing requirement shall be met.
For example: A mixed -use project may require two (2) affordable housing units to mitigate an
increase in commercial employee generation and two (2) affordable housing units to mitigate free-
market residential development. In this case, four (4) affordable housing units are required.
26.470.040 Allotment Procedures.
A. General. Aspen area residents have determined that growth and development must be managed to
ensure long-term negative consequences associated with development redevelopment and its
impacts are minimized. One of the broad themes of the 2012 Aspen Area Community Plan (AACP)
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is to "manage future development so that it contributes to the long-term viability of a sustainable,
demographically diverse visitor -based economy and a vital year-round community." To implement
these goals, the community has established a two percent (2%) growth rate that can be
accommodated without compromising community character. The AACP supports a "critical mass
of year-round residents" to be housed while maintaining our community character and way of life.
Therefore, the Growth Management Quota System does not limit the annual growth rate of
affordable housing, while all other types of development shall be limited to not exceed a two -
percent annual growth rate. In order to address continued community growth concerns, a growth
limit of one-half percent (0.5%) has been implemented for new free-market residential development
and the demolition and replacement of existing free-market residential single-family and duplex
dwellings.
B. Existing development. The following tables describe the existing (as of March 2007) amount of
development in each sector used as a "baseline" in establishing annual allotments and development
ceilings.'
Commercial Development Within the City (square feet)'
Commercial use "class" Leasable square feet for class
Merchandising 365,486
Lodging 19,950
Offices 113,207
Recreation 179,824
Special purpose 144,777
Warehouse/storage I 149,814
Multi -use 208,331
Commercial Condos 1 483,549
Total commercial:
2% Annual growth rate for commercial development
' Source: Pitkin County Assessor, March 7, 2005
1,664,938
33,300
2 Lodge unit square footage removed from total. Commercial space within lodge developments estimated
through City records.
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Residential Development Within the City (units)
Property type
Single-family
Duplex or triplex
Multi -units 4-8 4
Multi -units 9+
Residences in class
1,268
79
45
142
Condominiums
2,978
Duplex condos
366
Manufactured
29
Partial exempt
1
Total residences:
4,909
Nonexempt affordable housing units 5 1,132
Total free-market residences 3,777
0.5% Annual growth rate for free-market residential development: 1 18.9 units
Lodging Development Within the City (Pillows)
Total lodging pillows:
1.5% Annual growth rate
7,500
112.5 pillows
Annual development allotments. The Growth Management Quota System establishes annual
development allotments available for use by projects during each growth management year. The
Community Development Director shall calculate the development allotments available for each type
of land use as follows:
3 Single ownership duplex and triplex units. 2 units per property ownership estimated.
4 Single ownership apartment buildings. Residence count reflects actual number of units recorded with Assessor.
5 A total of 1,815 residences within the City are deed -restricted affordable housing. Of these units, several are
considered tax-exempt and are not included in the Assessor's counts. These units are rental affordable housing
owned by the City, APCHA or tax-exempt nonprofit organizations. Therefore, only the nonexempt units have
been subtracted from the Assessor's total residences to determine the number of free-market residences.
Ordinance #13, Series of 2022
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Available development allotments
annual Carry -forward
allotment
+ allotment from
prior year
The following annual allotments are hereby established:
Table 2, Developwent Allotments
Development Type
Annual Allotment
Residential — Total Free -Market
19 units divided as follows:
New Residential (Subdivision
13 units
and multi -family units)
Single -Family and Duplex
6 units*
Demolition and Redevelopment
Residential — Affordable Housing
No annual limit
Commercial
33,000 net leasable square feet
Lodging
112 pillows
Essential public facility
No annual limit
*Six (6) Demolition and Redevelopment Allotments represent City Council direction related to an
annual average of Single Family and Duplex demolition permits issued between 2013 and 2021.
Note, the annual allotment may be reduced if multi -year allotments are granted by the City Council.
Upon a denial of the project and the completion of any appeals, where it is found the denial was
appropriate, the project's allotments shall not be considered granted and shall be returned to the
available allotment pool for the remainder of the year. Allotments shall be considered vacated by
a property owner upon written notification from the property owner.
C. Allocation procedure. Following approval or approval with conditions, pursuant to the above
procedures for review, the Community Development Director shall issue a development order
pursuant to Section 26.304.080, Development orders. Those applicants having received allotments
may proceed to apply for any further development approvals required by this Title or any other
regulations of the City.
D. Expiration of growth management allotments. Growth management allotments granted
pursuant to this Chapter shall expire with the expiration of the development order, pursuant to the
terms and limitations of Section 26.304.080, Development Orders. Expired allotments shall not be
considered valid, and the applicant shall be required to re -apply for growth management approval.
Expired allotments may be added to the next year's available allotments at the discretion of the City
Council, pursuant to Subsection 26.470.120.
26.470.050. Calculations.
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A. General. Whenever employee housing or fee -in -lieu is required to mitigate for employees
generated by a development, there shall be an employee generation analysis of the proposed
development. Unless otherwise specified by this Chapter, the employee mitigation requirement shall
be based upon the total employee generation of the proposed development. Except as specifically
identified for Commercial Redevelopment, there are no credits granted during redevelopment
Additionally, credits are not given for changes between the land use categories outlined in Table 1. For
instance, a change in use from commercial net leasable area to free-market residential units does not
generate a credit.
B. Employee generation rates.
1. Non -Residential Uses
Table 3 establishes the employee generation rates that are the result of the Employee Generation
Study, an analysis sponsored by the City during the fall and winter of 2012 considering the
actual employment requirements of over one hundred (100) Aspen businesses. This study is
available at the Community Development Department. Employee generation is quantified as
full-time equivalents (FTEs) per one thousand (1,000) square feet of net leasable space or per
lodge bedroom.
Table 3, Em to ee Generation Rates
Employees Generated per 1,000 Square
Zone District
Feet of Net Leasable Space
Commercial Core
(CC)
4.7
Commercial
(C-1)
Neighborhood Commercial
(NC)
Commercial Lodge (CL) commercial
space
Lodge (L) commercial
space
Lodge Preservation (LP) commercial
space
Lodge Overlay (LO) commercial
space
Ski Base SKI commercials ace
Mixed -Use
3.6
Service Commercial Industrial SIC
3.9
Public]
5.1
Lodge Preservation (LP) lodge units
1 0.3 per lodging bedroom
Lodge (L), Commercial Lodge (CL), Ski Base 0.6 per lodging bedroom
(SKI) and other zone district lodge units
1 For the Public Zone, the study evaluated only office -type public uses, and this
number should not be considered typical for other non -office public facilities. Hence,
each Essential Public Facility proposal shall be evaluated for actual employee
aPnerat i nn .
Each use within a mixed -use building shall require a separate calculation to be added to the
total for the project. For commercial net leasable space within basement or upper floors, the
rates quoted above shall be reduced by twenty-five percent (25%) for the purpose of calculating
total employee generation. This reduction shall not apply to lodge units.
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For lodging projects with flexible unit configurations, also known as "lock -off units," each
separate "key" or rentable division shall constitute a unit for the purposes of this Section, such
that employee generation is assessed on the configuration with the most number of rentable
units. Timeshare units and exempt timeshare units are considered lodging projects for the
purposes of determining employee generation. Free-market residential units included in a
lodge development and which may be rented to the general public as a lodge unit, shall be
counted as a lodge key in the calculation of employee generation.
2. Residential Uses. Employee Generation rates for Residential Uses (single-family, duplex
and multifamily have been similarly established. Depending on the nature of development,
(examples: new construction on an existing lot, creation of a new subdivision, expansion of
Floor Area, or Demolition), different methodologies have been established and are identified
and defined in 26.470.090 and 26.470.100.
Table 4. Employee Generation Rates for Residential Uses
Residential Use
All free-market residential use types
Generated
0.107 per 1,000 square feet of Mitigation
Floor Area
a. The residential employee generation rates are based on a study of employment generation
of Aspen residences, from both initial construction and ongoing operation, performed by
RRC Associates of Boulder, Colorado, dated June 17, 2022.
The following methodology (as depicted in a comprehensive report conducted by RRC in
Summer of 2022) was used to determine the above employee generation rate:
i. The calculation of construction labor required for building and remodeling
residential units. Labor was calculated assuming employees have more than one
job (as outlined in the Regional Housing Study completed in 2019 by RRC), and
divided over a 40-year career. 100% of the construction employment generation is
included in the adopted rate.
ii. The calculation of operational employment for residential units. The adopted rate
included 25% of the operational employment generation.
b. The calculation of Mitigation Floor Area for the purposes of determining employee
generation and required mitigation shall be based on the definition of "Mitigation Floor
Area" in 26.104.100, Definitions, and further discussed in Scction 25.575.020.D.
c. For new construction on a vacant lot, all Mitigation Floor Area shall be included in the
calculation of employee generation and required mitigation.
d. For redevelopment or renovation of an existing single-family, duplex, or multi -family unit
that does not meet the requirements of Demolition (26.580), only new, additional
Mitigation Floor Area shall be calculated towards employee generation and required
mitigation, pursuant to Sections 26.470.090.A and B.
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e. The calculation of the Employment Generation shall be assessed per dwelling unit.
Duplex, triplex, fourplex, or multi -family dwelling units do not combine their Mitigation
Floor Area for one calculation.
C. Employee generation review. All essential public facilities shall be reviewed by the Planning and
Zoning Commission to determine employee generation, pursuant to Section 26.470.11OD. In
addition, any applicant who believes the employee generation rate is different than that outlined
herein may request an employee generation review with the Planning and Zoning Commission
during a duly noticed public hearing, pursuant to Section 26.304.060.E. In establishing employee
generation, the Planning and Zoning Commission shall consider the following:
1) The expected employee generation of the use considering the employment generation
pattern of the use or of a similar use within the City or a similar resort.
2) Any unique employment characteristics of the operation.
3) The extent to which employees of various uses within a mixed -use building or of a related
off -site operation will overlap or serve multiple functions.
4) A proposed restriction requiring full employee generation mitigation upon vacation of the
type of business acceptable to the Planning and Zoning Commission.
5) Any proposed follow-up analyses of the project (e.g., an audit) to confirm actual employee
generation. The requirements of any proposed follow-up analysis shall be outlined in a
Development Agreement, pursuant to Chapter 26.490.
6) For single-family and duplex development and redevelopment, Employee Generation
Review shall be only available for projects that can show evidence that mitigation was
previously provided using physical units (on -site or off -site) which are currently deed -
restricted and house APCHA qualified residents. The Planning and Zoning Commission
will compare the mitigation provided at the time of the unit's deed restriction with the
mitigation currently required for redevelopment using FTEs (Full-time Equivalents) as the
basis for comparison. P&Z review shall ensure that any previously provided unit remains
consistent with the intent of current APCHA regulations and standards and applicable
provisions of the Land Use Code.
D. Employees housed. Whenever a project provides residential units on or off site the schedule in
Table 5 shall be used to determine the number of employees housed by such units:
Table 5, FTEs Housed
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Unit Type
Employees Housed
Studio
1.25
One -bedroom
1.75
Two -bedroom
2.25
Three -bedroom or larger
3.00, plus .5 per each additional bedroom
Dormito
1.00 em to ee per 150 square feet of net livable s ace
E. Employee housing fee -in -lieu payment. Whenever a project provides employee housing via a fee -
in lieu payment, in part or in total, the amount of the payment shall be based upon the following (fee -
in -lieu is only allowed for Categories 1-4, Category 5 is included for any necessary conversions
between affordable housing unit types or for the purpose of conversions in the value of Certificates of
Affordable Housing Credits):
Fee -in -Lieu (per FTE): Category 1:
$408,054
Category 2:
$376,475
Category 3:
$345,691
Category 4:
$302,879
Category 5:
$250,375
Payment shall be calculated on a full -time -equivalent employee (FTE) basis according to the
Affordable Housing Category designation required by this Title. Unless otherwise stated in this Title
or in a Development Order, Fee -in -Lieu payments shall be collected by the City of Aspen Building
Department prior to and as a condition of Building Permit issuance.
The Fee -In -Lieu rates shall be updated every five years and adopted by city council ordinance. This 5-
year update shall evaluate and include cost analysis of new private and public sector affordable housing
projects that have been completed or are otherwise appropriate since the previous update. During the
intermediate years, Community Development staff shall propose to City Council an annual update (in
January) to the Fee -in -Lieu schedule via Ordinance, utilizing the most recent National Construction
Cost Index provided by the Engineering News Record. If the annual increase is approved, updated Fee -
in -Lieu figures shall be rounded to the nearest dollar.
The following methodology (as depicted in a comprehensive report conducted by TischlerBise,
Affordable Housing Fee -in -Lieu Study, Phase II in Spring of 2021) was used to determine the above
Fee -in -Lieu schedule:
1) Utilizing recent public sector, private sector, and public private partnership affordable
housing projects, staff and the consultant team identified actual land and construction (hard and
soft) costs for a number of recent projects and land purchases.
2) Costs for both land and construction were analyzed by project to the square foot of net livable
development and averaged across the projects. Using the Code determined calculation of 400
square feet per full time equivalent (FTE) employee, a total cost of constructing affordable
housing per FTE was identified.
3) Utilizing the Aspen Pitkin County Housing Authority (APCHA) Guidelines, established
sales and rental rates by Category and bedroom count were used in a calculation to identify the
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revenue per FTE. Two important assumptions were included for the rental revenue stream: a)
revenue (rental income) was calculated over a 15-year period with a 2% annual increase in the
rental rate; and b) rental revenue was reduced by 50% to acknowledge common maintenance
and operations costs. Sales and Rental Revenue were then averaged per FTE.
4) The per FTE revenue amount for each Category (identified in #3 above) was subtracted from
the total development cost per FTE (identified in #2 above). The remainder of each calculation
subtracting the Category revenue from the total cost per FTE results in the Category Fee -in -
Lieu schedule above.
F. Employee/square footage conversion. Whenever an affordable housing mitigation requirement
is required to be converted between a number -of -employees requirement and a square -footage
requirement, regardless of direction, the following conversion factor shall be used:
1 employee = 400 square feet of net livable area.
G. Accessory dwelling units as mitigation units. Accessory dwelling units, approved pursuant
to Chapter 26.520 and which are deed -restricted as "for sale" category housing and transferred to a
qualified purchaser according to the provisions of the Aspen/Pitkin County Housing Authority, shall
be considered mitigation units and attributed to a project's affordable housing provision, or may be
attributable to the creation of Affordable Housing Certificates, subject to the provisions of 26.520 and
26.540. ADUs which are not deed -restricted as category units and are not transferred to qualified
purchasers shall not be considered mitigation units and shall not be attributed to a project's affordable
housing provision.
26.470.060. Procedures for Review.
A development application for growth management shall be reviewed pursuant to the following
procedures and standards and the Common Development Review Procedures set forth at Chapter
26.304. According to the type of allotments requested, the following steps are necessary. A
development proposal may fall into multiple categories and therefore have multiple processes and
standards to adhere to and meet. An application for growth management may be submitted to the
Community Development Director on any date of the year.
A. Administrative Applications. The Community Development Director shall approve, approve
with conditions or deny the application, based on the applicable standards of review in Section
26.470.090, Administrative applications.
B. Planning and Zoning Commission Applications. The Planning and Zoning Commission, during
a duly noticed public hearing, shall review a recommendation from the Community Development
Director and shall approve, approve with conditions, or deny the application, based on the standards of
review in Section 26.470.100, Planning and Zoning Commission Applications, and Section
26.470.080, General Review Standards. This requires a one-step process as follows:
Step One — Public Hearing before the Planning and Zoning Commission or Historic
Preservation Commission.
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1) Purpose._ To determine if the application meets the standards for approval.
2) Process: The Planning and Zoning Commission or Historic Preservation Commission shall
approve, approve with conditions, or deny an application after considering the
recommendation of the Community Development Director and comments and testimony
from the public at a duly noticed public hearing. The Historic Preservation Commission
shall be the recommending body for historic landmarks, properties requesting landmark
designation, and all properties located within a Historic District.
3) Standards of review: The proposed development shall comply with the applicable review
standards of Section 26.470.100, Planning and Zoning Commission applications and
Section 26.470.080, General Review Standards.
4) Form of decision: The Commission's decision shall be by resolution.
5) Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3 and the provisions of Section 26.304.035 — Neighborhood Outreach as
applicable.
C. City Council Applications. City Council, during a duly noticed public hearing, shall review a
recommendation from the Community Development Director, a recommendation from the Planning
and Zoning Commission or Historic Preservation Commission, as applicable, and shall approve,
approve with conditions, or deny the application, based on the standards of review in Section
26.470.110, City Council Applications, and Section 26.470.080, General Review Standards. This
requires a two-step process as follows:
Step One — Public Hearing before the Planning and Zoning Commission or Historic
Preservation Commission.
1) Purp ose: To determine if the application meets the standards for approval.
2) Process: The Planning and Zoning Commission or Historic Preservation Commission shall
forward a recommendation of approval, approval with conditions, or denial to City Council
after considering the recommendation of the Community Development Director and
comments and testimony from the public at a duly noticed public hearing. The Historic
Preservation Commission shall be the recommending body for historic landmarks,
properties requesting landmark designation, and all properties located within a Historic
District.
3) Standards of review_ The proposed development shall comply with the applicable review
standards of Section 26.470.110, City Council applications and Section 26.470.080,
General Review Standards.
4) Form o decision.• The Commission's recommendation shall be by resolution.
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5) Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3 and the provisions of Section 26.304.035 — Neighborhood Outreach as
applicable.
Step Two — Public Hearing before City Council.
1) Pi.irpose _ To determine if the application meets the standards for approval.
2) Process: The Community Development Director shall provide City Council with a
recommendation to approve, approve with conditions, or deny the application, based on the
standards of review. City Council shall approve, approve with conditions, or deny the
application after considering the recommendation of the Community Development
Director, the recommendation from the Planning and Zoning Commission or Historic
Preservation Commission, and comments and testimony from the public at a duly noticed
public hearing.
3) Standards of review: The proposed development shall comply with the applicable review
standards of Section 26.470.110, City Council applications and Section 26.470.080,
General Review Standards.
4) Form decision.' City Council decision shall be by ordinance.
5) Notice re uirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3, the requirements of Section 26.304.035 — Neighborhood Outreach as
applicable, and the requisite notice requirements for adoption of an ordinance by City
Council.
D. Combined Reviews. An application for growth management review may be combined with
development applications for other associated land use reviews, pursuant to Section 26.304.060.B.1,
Combined Reviews.
26.470.070 Exempt development.
The following types of development shall be exempt from the provisions of this Chapter. Development
exempt from growth management shall not be considered exempt from other chapters of the Land Use
Code. Where applicable, exemptions are cumulative.
A. Remodeling or renovation of existing single-family and duplex residential development. The
remodeling or renovation of existing single-family and duplex residential properties, that does not
trigger Demolition pursuant to 26.580, shall be exempt from growth management provided that no
additional Mitigation Floor Area is added to the property. When an expansion of Mitigation Floor
Area occurs, see Section 26.470.0.090.A.
B. Conversion of an existing single-family residence to a duplex residence or two (2) detached
residences or vise -versa, when Demolition is not triggered. The conversion of an existing single-
family residence to a duplex residence or two (2) detached single-family residences, or vise -versa,
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shall be exempt from growth management provided that no additional Mitigation Floor Area is
added to the property. When an expansion of Mitigation Floor Area occurs, see Section
26.470.090.A.
C. Remodeling or expansion of existing multi -family residential development. The remodeling of
existing multi -family residential dwellings shall be exempt from growth management provided that
no additional Mitigation Floor Area is added to the property and provided demolition of a unit or
structure does not occur. When an expansion of Mitigation Floor Area occurs, see Section
26.470.090.B. When demolition occurs, see Paragraph 26.470.100.D, Demolition or
redevelopment of multi -family housing. (Also see definition of Demolition, Section 26.104.100,
and Chapter 26.580 - Demolition.)
D. Remodeling or Relocation of historic structures. The remodeling or permanent or temporary
relocation of a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures,
shall be exempt from growth management, provided that all necessary approvals are obtained,
pursuant to Chapter 26.415, no Mitigation Floor Area expansion occurs, and Demolition is not
triggered. Expansions shall be mitigated pursuant to this chapter.
E. Remodeling of existing commercial development. Remodeling of existing commercial buildings
and portions thereof shall be exempt from the provisions of growth management, provided that
demolition is not triggered, no additional net leasable square footage is created, and there is no
change in use. If redevelopment involves an expansion of net leasable square footage, the
replacement of existing net leasable square footage shall not require growth management allotments
and shall be exempt from providing affordable housing mitigation only if that space previously
mitigated. Existing, prior to demolition, net leasable square footage and lodge units shall be
documented by the City Zoning Officer prior to demolition. Also see definitions of demolition and
net leasable commercial space, Section 26.104.100.
If Demolition is triggered not due to remodel activity but is determined by the Community
Development Director to be required for Normal Maintenance as defined in Title 26 (see definition
in section 26.104.100) or to rectify life safety issues, such as replacing a failing roof or mold
removal, the square footage impacted by the work shall be exempt from this section. This provision
shall not be allowed to increase the height, floor area, net livable area or net leasable area of a
building beyond what is the minimum necessary required to comply with the Building Code.
F. Special events. Special events permitted by the City shall be exempt from this Chapter.
G. Accessory dwelling units and carriage houses. The development of accessory dwelling
units(ADUs) and carriage houses shall be exempt from the provisions of this Chapter but subject
to the provisions of Chapter 26.520, Accessory Dwelling Units and Carriage Houses.
H. Retractable canopies and trellis structures. Trellis structures and retractable canopies appended
to a commercial or lodging structure shall be exempt from growth management provided that: a)
there is no expansion of floor area; and b) the canopy or trellis structure is not enclosed by walls,
screens, windows or other enclosures. Awnings shall be exempt from this Chapter.
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I. Public infrastructure_ The development of public infrastructure such as roads, bridges,
waterways, utilities and associated poles, wires, conduits, drains, hydrants and similar items
considered essential services shall be exempt from growth management. Essential public facilities
shall not be exempt and shall be reviewed pursuant to Section 26.470.110.D, Essential public
facilities. (Also see definition of essential services, Section 26.104.100)
26.470.080. General Review Standards.
All Planning and Zoning Commission and City Council applications for growth management review
shall comply with the following standards.
A. Sufficient Allotments: Sufficient growth management allotments are available to accommodate
the proposed development, pursuant to Subsection 26.470.040.B. Applications for multi -year
development allotment, pursuant to Paragraph 26.470.110.A shall be required to meet this standard
for the growth management years from which the allotments are requested.
B. Development Conformance: The proposed development conforms to the requirements and
limitations of this Title, of the zone district or a site -specific development plan, any adopted
regulatory master plan, as well as any previous approvals, including the Conceptual Historic
Preservation Commission approval, the Conceptual Commercial Design Review approval and the
Planned Development — Project Review approval, as applicable.
C. Public Infrastructure and Facilities. The proposed development shall upgrade public
infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs
of the developer. Public infrastructure includes, but is not limited to, water supply, sewage
treatment, energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking and road and transit services.
D. Affordable Housing Mitigation.
1) For commercial development, sixty-five percent (65%) of the employees generated by the
additional commercial net leasable space, according to Section 26.470.050.13, Employee
generation rates, shall be mitigated through the provision of affordable housing.
2) For lodge development, sixty-five percent (65%) of the employees generated by the additional
lodge pillows, according to Section 26.470.050.13, Employee generation rates, shall be
mitigated through the provision of affordable housing. For the redevelopment or expansion of
existing lodge uses, see section 26.470.100.G.
3) For the redevelopment of existing commercial net leasable space that did not previously
mitigate (see Section 26.470.100.E), the mitigation requirements for affordable housing shall
be phased at 15% beginning in 2017, and by 3% each year thereafter until 65% is reached, as
follows:
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Development Order applied for
during calendar year -
Mitigation required
(percent of employees generated by the
existing space that has previously not
mitigated)
15%
2017
2018
18%
2019
21%
2020
24%
2021
27%
2022
30%
2023
33%
2024
36%
2025
39%
2026
42%
2027
45%
2028
48%
2029
51%
2030
54%
2031
57%
2032
60%
2033
63%
2034
65%
4) Unless otherwise exempted in this chapter, when a change in use between development
categories is proposed, the employee mitigation shall be based on the use the development
is converting to. For instance, if a commercial space is being converted to lodge units, the
mitigation shall be based on the requirements for lodge space, outlined in subsection 2,
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above. Conversely, if lodge units are being converted to commercial space, the mitigation
shall be based on the requirements for commercial space, outlined in subsections 1 and 3,
above.
5) For new residential subdivisions, see sections 26.470.100.H and I.
6) For new, redeveloped, or renovated single-family and duplex residential development, or
the affordable housing mitigation requirements are established by 26.470.090.A and C.
7) For the expansion of existing free-market multi -family units, affordable housing mitigation
requirements are established by 26.470.090.B.
8) For new free-market multi -family units, affordable housing mitigation requirements are
established by 26.470.090.F.
9) For the demolition or redevelopment of existing multi -family residential development,
affordable housing mitigation requirements are established by 26.470.100.1).
10) For essential public facility development, mitigation shall be determined based on Section
26.470.110.D.
11) For all affordable housing units that are being provided as mitigation pursuant to this chapter
or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540,
or for any other reason:
i. The proposed units comply with the Aspen/Pitkin County Housing Authority Employee
Housing Regulations and Affordable Housing Development Policy, as amended.
ii. Required affordable housing may be provided through a mix of methods outlined in this
chapter, including newly built units, buy down units, certificates of affordable housing
credit, or cash -in -lieu.
iii. Affordable housing that is in the form of newly built units or buy -down units shall be
located on the same parcel as the proposed development or located off -site within the
City limits. Units outside the City limits may be accepted as mitigation by the City
Council, pursuant to Section 26.470.110.B. When off -site units within City limits are
proposed, all requisite approvals shall be obtained prior to approval of the growth
management application.
iv. Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit,
pursuant to Chapter 26.540, shall be extinguished pursuant to Section 26.540.120,
Extinguishment and Re -Issuance of a Certificate, utilizing the calculations in Section
26.470.050.F, Employee/Square Footage Conversion.
V. If the total mitigation requirement for a project is less than 0.1 FTEs, a cash -in -lieu
payment may be made by right. If the total mitigation requirement for a project is 0.1
or more FTEs, a cash -in -lieu payment shall require City Council approval, pursuant to
Section 26.470.110.C.
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vi. Affordable housing units shall be approved pursuant to Paragraph 26.470.100.D,
Affordable housing.
vii. Each unit provided shall be designed such that the finished floor level of fifty percent
(50%) or more of the unit's net livable area is at or above natural or finished grade,
whichever is higher. This dimensional requirement may be varied through Special
Review, Pursuant to Chapter 26.430
12) Affordable housing units that are being provided absent a requirement ("voluntary units")
may be deed -restricted at any level of affordability, including residential occupied (RO).
13) Residential Mitigation Deferral Agreement.
For property owners qualified as a full-time local working resident, an affordable housing
mitigation Deferral Agreement may be accepted by the City of Aspen subject to the
Aspen/Pitkin County Housing Authority Employee Housing Regulations. This allows
deferral of the mitigation requirement for residential development until such time as the
property is no longer owned by a full-time local working resident. Staff of the City of Aspen
Community Development Department and Staff of the Aspen/Pitkin County Housing
Authority can assist with the procedures and limitations of this option. The City Attorney
and Community Development Director shall prescribe the form to be used for a Deferral
Agreement. A copy of the Deferral Agreement form is on file with the City of Aspen
Community Development Department.
The required mitigation shall be calculated to the FTE and then multiplied by the codified
Fee -in -Lieu at the time of building permit submission. This amount will be identified in
the Deferral Agreement. Following the establishment of the initial mitigation requirement
in the Deferral Agreement, the amount of mitigation initially identified shall increase
annually by the CPI for each year that the Deferral Agreement is in effect until such time
that the Deferral Agreement is terminated following sale to a non-resident. The term "CPI"
shall mean the Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City
Average for All Items, not seasonally adjusted, 1984=100 reference base; published by the
United States Department of Labor, Bureau of Labor Statistics. The calculation of the value
of the mitigation required at the time of the termination of the Deferral Agreement may be
completed using a commonly available calculator that aggregates the CPI over time. The
term of the calculation shall be the month of the initial execution of the Deferral Agreement
and the most recent index month available at the time of release of the Deferral Agreement.
The provision describing this regular annual increase shall be described in the Deferral
Agreement. The Deferral Agreement shall be recorded prior to the issuance of a Certificate
of Occupancy or Letter of Completion.
Should a property with a Deferral Agreement in place be sold to a qualified resident, a new
Deferral Agreement shall be established, identifying the initial mitigation requirement, and
an inclusion of the continued annual increases that will continue to accrue from the date of
initiation of the original deferral agreement. The initiation date of the original deferral
agreement shall be identified in the new deferral agreement.
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Deferral Agreements initiated prior to July 28, 2022, shall remain in effect and are not
subject to the stipulations described in the paragraphs above. If desired, the parties to a
previously established deferral agreement may, at their discretion, enter into a new deferral
agreement that that updates the terms to be consistent with the provisions identified above.
26.470.090 Administrative applications.
The following types of development shall be approved, approved with conditions or denied by the
Community Development Director, pursuant to Section 26.470.060, Procedures for Review, and the
criteria described below. Except as noted, all administrative growth management approvals shall not
be deducted from the annual development allotments. All approvals apply cumulatively.
A. Single -Family and Duplex Residential Development or Expansion that does not trigger
Demolition, pursuant to 26.580.
The following types of free-market residential development do not require a development allotment
and may proceed to building permit absent the need of any other land use reviews. These types of
development shall require the provision of affordable housing mitigation in one of the methods
described in subsection 3 below.
1) This section applies to the new development of a single-family, two detached residential
units, or a duplex dwelling on a lot in one of the following conditions:
a. A lot created by a lot split, pursuant to Subsection 26.480.060.A.
b. A lot created by a historic lot split, pursuant to Subsection 26.480.060.13, when the
subject lot does not itself contain a historic resource.
c. A lot that was subdivided or was a legally described parcel prior to November 14, 1977,
that complies with the provisions of Subsection 26.480.020, Subdivision: applicability,
prohibitions, and lot merger.
2) Mitigation shall be based off the net increase of Mitigation Floor Area of an existing single-
family, two detached residential units on a single lot, or a duplex dwelling, during
remodeling and renovation scenarios when the definition of Demolition is not met.
3) The applicant shall have four (4) options for providing the required affordable housing
mitigation:
a. Recording a resident -occupancy (RO), or lower, deed restriction on the single-family
dwelling unit or one of the residences if a duplex or two detached residences are
developed on the property. An existing deed restricted unit does not need to re-record
a deed restriction.
b. Providing a deed restricted one -bedroom or larger affordable housing unit within the
Aspen Infill Area pursuant to the Aspen/Pitkin County Housing Authority Guidelines
(which may require certain improvements) in a size equal to or larger than 30% of the
Allowable Floor Area increase to the Free -Market unit. The mitigation unit must be
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deed -restricted as a "for sale" Category 2 (or lower) housing unit and transferred to a
qualified purchaser according to the provisions of the Aspen/Pitkin County Housing
Authority Guidelines.
c. Providing a fee -in -lieu payment or extinguishing a Certificate of Affordable Housing
Credit in a full -time -equivalent (FTE) amount based on the following schedule:
i. Affordable housing mitigation must be provided at a Category 2 (or lower) rate.
Certificates must be extinguished pursuant to the procedures of Chapter 26.540,
Certificates of Affordable Housing Credit. Fee -in -lieu rates shall be those stated
in Section 26.470.100 — Calculations; Employee Generation and Mitigation, in
effect on the date of application acceptance. Providing a fee -in -lieu payment in
excess of .10 FTE shall require City Council approval, pursuant to Section
26.470.110.C.
d. An affordable housing mitigation Deferral Agreement may be accepted by the City of
Aspen pursuant to section 26.470.080.D.12.
Example 1: A new home of 3,400 square feet of Mitigation Floor Area on a vacant lot
created by a historic lot split. The applicant must provide affordable housing mitigation
for .364 FTEs.
3, 400 / 1, 000 x 0.107 = . 36
In this example the applicant may provide a Certificate of Affordable Housing Credit
or request City Council accept a fee -in -lieu payment.
Example 2_ An existing home of 4,500 square feet of Mitigation Floor Area is expanded
by 250 square feet of Mitigation Floor Area. The renovation does not meet the definition
of Demolition. The applicant must provide affordable housing mitigation for .03 FTEs.
250/1000 x 0.107 = . 03
In this example the applicant may provide a Certificate of Affordable Housing Credit
or a fee -in -lieu payment.
B. Multi -Family Residential Expansion. The net increase of Mitigation Floor area of an existing
free-market multi -family unit or structure, regardless of when the lot was subdivided or legally
described shall require the provision of affordable housing mitigation in one of the methods
described below. This type of free-market residential development does not require a
development allotment and may proceed directly to building permit. (When demolition occurs,
see Section 26.470.100.E, Demolition or redevelopment of multi -family housing.)
1) Mitigation shall be based off the net increase of Mitigation Floor Area of an existing free-market
multi -family unit or structure, and provided Demolition does not occur.
2) Affordable housing mitigation requirements for the type of free-market residential development
described above shall be as follows. The applicant shall have four (4) options:
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a. Recording a resident -occupancy (RO), or lower, deed restriction on the dwelling unit(s)
being expanded. An existing deed restricted unit does not need to re-record a deed
restriction.
b. Providing a deed restricted one -bedroom or larger affordable housing unit within the Aspen
Infill Area pursuant to the Aspen/Pitkin County Housing Authority Guidelines (which may
require certain improvements) in a size equal to or larger than 30% of the Allowable Floor
Area increase to the Free -Market unit(s). The mitigation unit(s) must be deed -restricted as
a "for sale" Category 2 (or lower) housing unit and transferred to a qualified purchaser
according to the provisions of the Aspen/Pitkin County Housing Authority Guidelines.
c. Providing a fee -in -lieu payment or extinguishing a Certificate of Affordable Housing Credit
in a full -time -equivalent (FTE) amount based on the following schedule:
i. When a unit adds Floor Area, the difference between the generation rates of the
existing Mitigation Floor Area and the proposed Mitigation Floor Area shall be
the basis for determining the number of employees generated. No refunds
shall be provided if Floor Area is reduced.
ii. Affordable housing mitigation must be provided at a Category 2 (or lower) rate.
Certificates must be extinguished pursuant to the procedures of Chapter 26.540,
Certificates of Affordable Housing Credit. Fee -in -lieu rates shall be those stated
in Section 26.470.050 — Calculations; Employee Generation and Mitigation, in
effect on the date of application acceptance. Providing a fee -in -lieu payment in
excess of .10 FTE shall require City Council approval, pursuant to Section
26.470.110.C.
d. An affordable housing mitigation Deferral Agreement may be accepted by the City of
Aspen pursuant to section 26.470.080.D.12.
Exams A multi -family unit of 1,400 square feet of Floor Area is expanded by 400
square feet of Mitigation Floor Area. The applicant must provide affordable housing
mitigation for 0.04 FTEs.
400 / 1, 000 x 0.107 = 0.04
In this example the applicant may provide a Certificate of Affordable Housing Credit
or a fee -in -lieu payment.
Example 2: A multi -family unit of 1,400 square feet of Floor Area is expanded by 1,000
square feet of Mitigation Floor Area. The applicant must provide affordable housing
mitigation for 0.11 FTEs, the difference in employee generation of the two unit sizes.
100011,000x 0.107 = 0.11
In this example the applicant may provide a Certificate of Affordable Housing Credit
or request City Council accept a fee -in -lieu payment.
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C. Single -Family and Duplex Redevelopment or Expansion that does trigger Demolition as
defined by Section 26.580. Demolition and Redevelopment of Single -Family and Duplex
properties shall require a land use application pursuant to Section 26.304, the allocation of a
Growth Management allotment, and shall provide affordable housing mitigation in one of the
methods described below.
1. Applicability
This review shall apply to all applications for development and redevelopment of single-family
and duplex project that triggers Demolition as outlined Section 26.580, unless otherwise
exempted in Section 26.580.050.
2. Procedures for Review
a. General. An application for a GMQS review of the Demolition and Redevelopment of a
single-family or duplex project shall be submitted (subject to the requirements of 26.304,
26.580 and 26.470.090.C) and will considered in an Administrative Review by the
Community Development Director. Following review, an approval would be granted by
a recorded Notice of Approval and the issuance of a Development Order. On a single
parcel, the Demolition of a Single Family, two detached dwellings, or Duplex residential
structure shall require one allotment.
b. Determination of Applicability. The applicant may request a preliminary Demolition
pre -application conference with Community Development staff to determine the
applicability of the Chapter and the application submission requirements. If a project is
likely to trigger Demolition, a meeting should be set up with a Zoning Officer to confirm
if the project is subject to Section 26.580 — Demolition. An applicant must request a
Pre -application conference summary outlining application requirements when a project
triggers Demolition pursuant to Section 26.580 - Demolition.
c. Timing. Applications for a Demolition Allotment shall be received and processed on a
first come, first serve basis. An application shall not be reviewed or considered until
determined "Complete" per 26.304. An application may be submitted concurrently with
a building permit application for the project. Once determined "Complete" the
application will be considered in order with any other "Complete" applications, based on
the date and time at which the applications were determined "Complete". Once in
review, the ordering of applications for consideration of an allotment will remain.
d. Residential Demolition and Redevelopment Standards. This document sets the standards
under which a redevelopment projectt will be reviewed and will serve as the basis under
which a project will be approved for the issuance of a development allotment. This
document, as amended from time to time, is available on Community Development's
web page or may be requested from a staff planner.
e. Combined Reviews. An application for growth management review may be a combined
with development applications for other associated land use reviews, pursuant to Section
26.3 04.060.b. 1, Combined Reviews.
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f. Variations. An application requesting a Variation of the Residential Demolition and
Redevelopment Standards, or the review standards identified below, shall be processed
as a Special Review in accordance with the common development review procedures set
forth in 26.304. The Special Review (26.430.040.K) shall be considered a public hearing
for which notice has been provided pursuant to 26.304.060.e.3. Review is by the
Planning and Zoning Commission. In this case, the granting of the development
allotment would not be granted until Planning and Zoning Commission approves the
special review.
g. Insufficient Demolition allotments. Any property owner within the City who is prevented
from redeveloping a property because that year's Demolition allotments have been
entirely allocated may apply for City Council Review for a Multi -Year Development
Allotment subject to 26.470.110.A.
3. Review Standards for nroiects requesting a Demolition Allotment
1. Adequate growth management allotments are available for the project and the project
meets any applicable review criteria in Chapter 26.470 — Growth Management Quota
System.
2. The project shall meet the requirements of the Residential Demolition and Redevelopment
Standards prior to building permit issuance. The project shall be subject to the Residential
Demolition and Redevelopment Standards in effect at the time of building permit
submission is deemed complete.
4. Application Contents
Applications for a Demolition allotment shall include all application requirements outlined in
Section 26.470.130 and Section 26.304, in addition to the following:
A. Demolition diagrams depicting total area to be demolished consistent with the
methodology outlined in Section 26.580.040.
B. A written response to all applicable review criteria, including responses to the
Residential Demolition and Redevelopment Standards, as amended from time to time
pursuant to Chapter 26.580.
5. Affordable Housing Mitigation Requirements:
a. Affordable housing mitigation requirements for free-market residential development that
triggers Demolition pursuant to Chapter 26.580, shall be as follows. The applicant shall
have four (4) options:
i. Recording a Resident -Occupancy (RO), or lower, deed restriction on the single-family
dwelling unit or one of the residences if a duplex or two detached residences are
developed on the property. An existing deed restricted unit does not need to re-record
a deed restriction.
ii. Providing a deed restricted one -bedroom or larger affordable housing unit within the
Aspen Infill Area pursuant to the Aspen/Pitkin County Housing Authority Guidelines
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(which may require certain improvements) in a size equal to or larger than 30% of the
Allowable Floor Area increase to the Free -Market unit. The mitigation unit must be
deed -restricted as a "for sale" Category 2 (or lower) housing unit and transferred to a
qualified purchaser according to the provisions of the Aspen/Pitkin County Housing
Authority Guidelines.
iii. Providing a fee -in -lieu payment or extinguishing a Certificate of Affordable Housing
Credit in a full -time -equivalent (FTE) amount based on the following schedule:
a. Employment Generation Rate: 0.107 per 1000 square feet of Mitigation Floor
Area
b. For redevelopment or renovation of an existing single-family or duplex that
meets the definition of Demolition (26.104.100), all Mitigation Floor Area
(existing and new) shall be calculated toward employee generation and required
mitigation.
c. Affordable housing mitigation must be provided at a Category 2 (or lower) rate.
Certificates must be extinguished pursuant to the procedures of Chapter 26.540,
Certificates of Affordable Housing Credit. Fee -in -lieu rates shall be those stated
in Section 26.470.100 — Calculations; Employee Generation and Mitigation, in
effect on the date of application acceptance. Providing a fee -in -lieu payment in
excess of .10 FTE shall require City Council approval, pursuant to Section
26.470.110.C.
ii. An affordable housing mitigation Deferral Agreement may be accepted by the City
of Aspen pursuant to section 26.470.080.D.12.
Example: An existing home is redeveloped in a fashion that meets the definition of Demolition.
The redeveloped home has a Mitigation Floor Area of 5,700 sf.
5,70011000 x 0.107 = 0. 61 FTE
In this example the applicant may provide a Certificate of Affordable Housing Credit or request
City Council accept a fee -in -lieu payment.
D. 100% Affordable Housing Development. All applications for the development of projects
that are comprised of 100% affordable housing units, deed -restricted in accordance with the
Aspen Pitkin County Housing Authority Regulations, shall be first reviewed administratively
for compliance with this Chapter and relevant criteria as described below. Projects found by
the Community Development Director to be in full conformance, shall be approved or approved
with conditions by recordation of a Notice of Approval and the issuance of a development order.
Applications that are not found to be in conformance with this section, shall be subject to GMQS
Review with the Planning and Zoning Commission per 26.470.100.C, or the application may
be amended to bring the project into conformance for administrative approval.
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1) To be approved administratively, a project must meet the following criteria:
a. "For sale" or rental units.
i. The proposed units shall be deed -restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen Pitkin County Housing Authority
Regulations. The developer of the project may be entitled to select the first
purchasers, subject to the aforementioned qualifications, pursuant to the Aspen
Pitkin County Housing Authority Regulations. The deed restriction may
authorize the Aspen Pitkin County Housing Authority or the City to own the unit
and rent it to qualified renters as defined in the Aspen Pitkin County Housing
Authority Regulations, as amended.; or
ii. The proposed units may be rental units, including but not limited to rental units
owned by an employer, government or quasi -government institution, or non-
profit organization if a legal instrument in a form acceptable to the City Attorney
ensures permanent affordability of the units. The City encourages affordable
housing associated for lodge development to be rental units associated with the
lodge operation and contributing to the long-term viability of the lodge; or.
i i i . The proposed units maybe a combination of "for sale" and rental units.
b. The units in the project comply with the Aspen Pitkin County Housing Authority's
Regulations and Affordable Housing Development Policy, as amended.
c. The project meets all dimensional requirements of the underlying Zone District as
described in Chapter 26.710 and does not require the approval of a variance of any
kind from the provisions of 26.575.020. Calculations and Measurements.
d. The project meets all provisions of 26.410. Residential Design Standards and is
compliant with Commercial Lodging and Historic District Design Standards and
Guidelines, as may be applicable.
e. The project is in conformance with the requirements of Chapter 26.515,
Transportation and Parking Management.
f. if a project is pursuing Certificates of Affordable Housing Credit, the requirements
of 26.540 shall be met.
g. A project approved under this administrative process may be comprised of Category
and/or Resident -Occupied (RO) units.
h. Each unit provided shall be designed such that the finished floor level of fifty percent
(50%) or more of each unit's net livable area is at or above natural or finished grade,
whichever is higher.
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2) Review of 100% Affordable Housing Development on Designated Sites in a Historic
District but Not containing a Historic Resource; and on Designated Sites Outside of
Districts and Not Containing a Resource.
Development of these properties, when the use is 100% affordable housing, shall be
approved or approved with conditions by Administrative Review if compliant with Chapter
26.410, Residential Design Standards; Chapter 26.470, Growth Management; Chapter
26.515, Transportation and Parking Management; Chapter 26.540, Certificates of
Affordable Housing Credit, and Chapter 26.710 for the applicable Zone District. In
addition, the Historic Preservation Officer and the Chair of the Historic Preservation
Commission, or their assign, must jointly determine compliance with the following non -
flexible design standards.
a. Create_ porosity on the site. To meet this standard, achieve at least one of the
following:
i. Provide a front setback one -an -a -half (1.5) times the minimum requirement of
the zone district; or
ii. Provide at least two (2) usable private outdoor spaces, such as porches or upper
floor decks, which are at least six (6) feet deep and fifty (50) square feet in area
on the street -facing fagade(s); or
iii. Provide a shared outdoor gathering area of at least 100 square feet in area, so
that at least fifty (50) square feet in area can be directly viewed from the street.
b. Ensure proportions of historic resources are incorporated in a new structure. All
street -facing farade(s) of the development shall be demonstrated through a diagram
to include at least one (1) instance of a width by height modulation that directly
reflects a width by height modulation of the nearest historic primary structure on the
block face(s).
c. Design the development to be recognized as a product of its time. Consider these
three (3) aspects of the architecture: roof form, materials, and fenestration. The
development must relate strongly to at least one (1) specific designated historic
resource on the block face and in the same zone district in at least two (2) of these
categories. Departing from that historic resource in one of these categories allows
for creativity and a contemporary design response.
i. When choosing to relate to roof form, match a primary roof pitch of the
development to at least one (1) primary roof pitch found on the historic resource.
ii. When choosing to relate to materials, match at least one primary material of the
development to that on the historic resource. A change in the finish, dimension
or orientation is allowed.
iii. When choosing to relate to fenestration, match at least one street -facing window
on the development to the dimensions of at least one (1) street -facing window
on the historic resource. A change in window finish or orientation is allowed.
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3) Review of 100% Affordable Housing Development on Designated Sites Containing a
Historic Resource where the Historic Resource is fully detached from all new construction,
and all non -historic additions are to be removed, and no new addition will be made to the
historic resource, and all new construction taller than one story is distanced at least 10 feet
from the historic resource on all sides.
Development of these properties, when the use is 100% affordable housing, shall be subject
to a one step review by the Historic Preservation Commission, for compliance with Section
26.415.070.C, Certificate of appropriateness for a minor development (demolition of non -
historic additions and all work directly affecting the historic resource); and Section
26.415.090 Relocation of designated historic properties. All City of Aspen Historic
Preservation Design Guidelines applicable to work affecting the historic resource shall
apply in addition to the following criteria:
a. HPC may not deny Relocation, but shall determine a siting for the historic structure
that best meets the City of Aspen Historic Preservation Design Guidelines while
accommodating the allowed development rights for the property. A Conceptual site
plan representing the full project must be provided to assist in this review.
b. HPC may grant approval for the historic resource only to be located in the side, rear
and front setbacks per Section 26.415.110.C.La, Variations. New construction is not
permitted to be located in a setback. HPC may allow the new structure to provide no
less than six (6) feet as the minimum distance requirement between buildings per
Section 26.415.110.C.Lb. Where the historic resource is one story in height, this
reduction is only permissible if the new construction permitted to be within six (6)
feet of the resource is one story in height for at least ten (10) feet in depth.
c. The application must include a detailed summary, in consultation with the Historic
Preservation Officer, of all necessary repairs to historic fabric that will be completed
during construction including exterior materials, doors and windows. The summary
must also identify all opportunities to restore an element of the historic resource to
an earlier condition that can be documented through photographs or physical
inspection. HPC will prioritize and require up to three (3) of these to be completed
during construction. Examples include: re -opening of an enclosed porch, restoration
of the original design of a street facing window, and restoration of missing details
such as decorative porch trim.
d. As applicable, site development shall be designed so that:
i. A front walkway to the historic resource shall be no wider than the minimum
requirement for accessibility, shall run directly from the street to the door unless
necessary to avoid a preserved tree, and shall be gray concrete, brick, rectilinear
stone or flagstone, to be determined by HPC.
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ii. Stormwater facilities and conveyances shall be demonstrated to fully integrated
with the surrounding landscape palette when viewed from the public right of
way.
iii. The perimeter of the historic resource shall be entirely bordered by a gravel or
small diameter rock planting strip one (1) foot in width to protect from the
impacts of landscape planting and watering. No plant material around the
historic resource shall have an identified mature height taller than forty-two
inches (42"), other than one shrub or tree, placed with the mature size of the
species in mind. No hardscape, other than a front walkway, shall be permitted
in street -facing yards around the historic resource.
iv. Perimeter fences which are considered part of the historic significance of a site
shall be retained and repaired and cannot be moved, removed, or inappropriately
altered.
v. Any new fence between the historic resource and the street shall be no more than
forty-two inches (42") in height and shall have no less than a solid to void ratio
of fifty -percent (50%).
e. Following HPC review, Administrative Review will be conducted for determination
that the new construction on the site is in compliance with Chapter 26.410,
Residential Design Standards; Chapter 26.470, Growth Management; Chapter
26.515, Transportation and Parking Management; Chapter 26.540, Certificates of
Affordable Housing Credit, and Chapter 26.710 for the applicable Zone District. In
addition, the Historic Preservation Officer and the Chair of the Historic Preservation
Commission, or their assign, must jointly determine compliance with the following
non -flexible design standards.
i. Ensure vrowrtions of historic resources are incolporated in a new structure. All
street -facing fagade(s) of the development shall be demonstrated through a
diagram to include at least one (1) instance of a width by height modulation that
directly reflects a width by height modulation of the historic resource.
ii. Design the development to be recognized as a _product of its time. Consider
these three aspects of the architecture: roof form, materials, and
fenestration. The development must relate strongly to the historic resource in at
least two (2) of these categories. Departing from the historic resource in one of
these categories allows for creativity and a contemporary design response.
1. When choosing to relate to roof form, match a primary roof pitch of
the development to at least one primary roof pitch found on the
historic resource.
2. When choosing to relate to materials, match at least one primary
material of the development to that on the historic resource. A
change in the finish, dimension or orientation is allowed.
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3. When choosing to relate to fenestration, match at least one street -
facing window on the development to the dimensions of at least one
street -facing window on the historic resource. A change in window
finish or orientation is allowed.
iii. Allow the resource to be read as the unique architectural highlight of the
property. Demonstrate that the historic resource will be distinguished from the
new development through its height, ornateness, or primary material.
4) Application —Materials. In addition to the application materials required by section
26.470.130 and 26.304, the following shall be included in an application for administrative
review of a 100% affordable housing project:
a. Floor Plans — that include detailed drawings of individual units including floor area
and net livable area for the entire site and unit by unit breakdown.
b. Elevations that provide detail on height and fenestration.
c. Parking Plan — that includes detail on access and relationship to the right-of-way.
d. Residential Design Standards Application
e. Narrative that describes the unit types and sizes, proposed categories of units, unit and
project amenities and otherwise describes compliance with 26.470.090.C.1.a-i.
Any necessary submittal items necessary to provide sufficient detail in meeting the
review standards identified in 26.470.090.D.1.i or 26.470.090.D.2 above. This may
include site plans, relocation plans, demolition plans, landscaping plans etc. for
projects subject to the identified elements of the Historic Preservation Design
Guidelines.
5) Review Process.
a. Application is submitted and accepted for review consistent with 26.304. Common
Development Procedures.
b. APCHA, Engineering, Environmental Health and Parks shall be formal referral
agencies on the application to identify any necessary conditions of approval.
c. While not required, it is highly encouraged that a meeting with the Development
Review Committee is scheduled prior to approval to resolve any potential issues at
this early stage of the design process to facilitate a more efficient building permit
review.
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d. If applicable, an HPC approval, pursuant to 26.470.090.D.2 shall be completed before
the completion of the administrative review process.
e. Approval shall be granted by the Community Development Director in the form of a
recorded Notice of Approval. A Development Order shall be subsequently issued.
f. Public Notice of the Development Order shall be made consistent with the
requirements of 26.304. Common Development Procedures.
E. Minor expansion of a commercial, lodge or mixed -use development. The minor enlargement
of a property, structure or portion of a structure for commercial, lodge or mixed -use development
when demolition is not triggered shall be approved, approved with conditions or denied by the
Community Development Director based on the following criteria. The additional development
of uses identified in Section 26.470.020 shall not be deducted from the respective annual
development allotments.
a. The expansion involves no more than five -hundred (500) square feet of net leasable
space, no more than two -hundred -fifty (250) square feet of Floor Area, and no more
than three (3) additional hotel/lodge units. No employee mitigation shall be required.
b. The expansion involves no residential units.
c. This shall be cumulative and shall include administrative GMQS approvals granted
prior to the adoption of Ordinance No. 22, Series of 2013.
d. When demolition is triggered, the application shall be reviewed pursuant to Section
25.470.100(F), Expansion or new commercial development.
F. Sale of locally -made products in common areas of commercial buildings. Commercial use
of common areas within commercial and mixed -use buildings which contain commercial use
(a.k.a. "non -unit spaces," "arcades," "hallways," "lobbies," or "malls") shall be approved,
approved with conditions or denied by the Community Development Director based on the
following criteria.
1) Products shall be limited to arts, crafts, or produce designed, manufactured, created, grown,
or assembled in the Roaring Fork Valley, defined as the watershed of the Roaring Fork
River phis the municipal limits of the City of Glenwood Springs. Exempt from these
product and geographic limitations are items sold by a hardware store adjacent to the
common area and items incidental to arts, crafts, and produce such as frames and pedestals.
2) The area can be used by an existing business within the building or by "stand-alone"
businesses. Multiple spaces may be created.
3) These areas shall not be considered net leasable space for the purposes of calculating impact
fees or redevelopment credits. No employee mitigation shall be required. Compliance with
all zoning, building, and fire codes is mandatory.
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G. Outdoor food/beverage vending license. Outdoor food/beverage vending shall be approved,
approved with conditions or denied by the Community Development Director based on the
following criteria:
1) Location. All outdoor food/beverage vending must be on private property and may be
located in the Commercial Core (CC), Commercial (C 1), Neighborhood Commercial (NC),
or Commercial Lodge (CL) zone districts. Outdoor Food Vending may occur on public
property that is subject to an approved mall lease. Additional location criteria:
a. The operation shall be in a consistent location as is practically reasonable and not
intended to move on a daily basis throughout the duration of the permit.
b. Normal operation, including line queues, shall not inhibit the movement of pedestrian
or vehicular traffic along the public right-of-way.
c. The operation shall not interfere with required emergency egress or pose a threat to
public health, safety and welfare. A minimum of six (6) foot ingress/egress shall be
maintained for building entrances and exits.
2) Size. The area of outdoor food/beverage vending activities shall not exceed fifty (50) square
feet per operation. The area of activity shall be defined as a counter area, equipment needed
for the food vending activities (e.g. cooler with drinks, snow cone machine, popcorn
machine, etc.), and the space needed by employees to work the food vending activity.
3) Signage. Signage for outdoor food/beverage vending carts shall be exempt from those
requirements found within Land Use Code Section 26.510, Signs, but not excluding
Prohibited Signs. The total amount of signage shall be the lesser of fifty percent (50%) of
the surface area of the front of the cart, or six (6) square feet. Sign(s) shall be painted on or
affixed to the cart. Any logos, lettering, or signage on umbrellas or canopies counts towards
this calculation. Food carts may have a sandwich board sign in accordance with the
regulations found within Chapter 26.510.
4) Environmental Health Approval. Approval of a food service plan from the Environmental
Health Department is required. The area of outdoor food vending activities shall include
recycling bins and a waste disposal container that shall be emptied daily and stored inside
at night and when the outdoor food vending activities are not in operation. Additionally,
no outdoor, open -flame char -broiling shall be permitted pursuant to Municipal Code
Section 13.08.100, Restaurant Grills.
5) Building and Fire Code Compliance. All outdoor food/beverage vending operations must
comply with adopted building and fire codes. Applicants are encouraged to meet with the
City's Building Department to discuss the vending cart/stand.
6) Application Contents. An application for a food/beverage vending license shall include the
standard information required in 26.304.030.B, plus the following:
a. Copy of a lease or approval letter from the property owner.
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b. A description of the operation including days/hours of operation, types of food and
beverage to be offered, a picture or drawing of the vending cart/stand, and proposed
signage.
c. The property survey requirement shall be waived if the applicant can demonstrate how
the operation will be contained on private property.
7) License Duration. Outdoor food/beverage vending licenses shall be valid for a one (1) year
period beginning on the same the date that the Notice of Approval is signed by the
Community Development Director. This one (1) year period may not be separated into non-
consecutive periods.
8) License Renewal. Outdoor food/beverage vending licenses may be renewed. Upon renewal
the Community Development Director shall consider the returning vendor's past
performance. This shall include, but shall not be limited to, input from the Environmental
Health Department, Chief of Police, special event staff, and feedback from adjacent
businesses. Unresolved complaints may result in denial of a renewal request.
9) Business License. The vending operator must obtain a business license.
10) Affordable Housing and Impact Fees Waived. The Community Development Director shall
waive affordable housing mitigation fees and impact fees associated with outdoor
food/beverage vending activities.
11) Maintenance and public safety. Outdoor food/beverage vending activities shall not diminish
the general public health, safety or welfare and shall abide by applicable City regulations,
including but not limited to building codes, health safety codes, fire codes, liquor laws, sign
and lighting codes, and sales tax license regulations.
12) Abandonment. The City of Aspen may remove an abandoned food/beverage vending
operation, or components thereof, in order protect public health, safety, and welfare. Costs
of such remediation shall be the sole burden of the property owner.
13) Temporary Cessation. The Community Development Director may require a temporary
cancelation of operations to accommodate special events, holidays, or similar large public
gatherings. Such action will be taken if it is determined that the food/beverage cart will
create a public safety issue or create an excessive burden on the event activities.
14) License Revocation. The Community Development Director may deny renewal or revoke
the license and cause removal of the food/beverage vending operation if the vendor fails to
operate consistent with these criteria. An outdoor food/beverage vending license shall not
constitute nor be interpreted by any property owner, developer, vendor, or court as a site -
specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado
Revised Statutes or Chapter 26.308 of this Title. Licenses granted in this subsection are
subject to revocation by the City Manager or Community Development Director without
requiring prior notice.
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H. Temporary uses and structures. The development of a temporary use or structure shall be exempt
from growth management, subject to the provisions of Chapter 26.450, Temporary and Seasonal
Uses. Temporary external airlocks shall only be exempt from the provisions of this Chapter if
compliant with applicable sections of Commercial Design Review — Chapter 26.412, and approved
pursuant to Chapter 26.450 Temporary and Seasonal Uses. Tents, external airlocks, and similar
temporary or seasonal enclosures located on commercial properties and supporting commercial use
shall only be exempt from the provisions of this Chapter, including affordable housing mitigation
requirements, if compliant with applicable sections of Commercial Design Review — Chapter
26.412, if erected for 14 days or less in a 12-month period, and approved pursuant to Chapter 26.450
— Temporary and Seasonal Uses. Erection of these enclosures for longer than 14 days in a 12-month
period shall require compliance with Commercial Design Review — Chapter 26.412, and
compliance with the provisions of this Chapter including affordable housing mitigation. Affordable
housing mitigation shall be required only for the days in excess of 14 in a 12-month period. Cash -
in -lieu may be paid by -right. The mitigation calculation shall include the expected lifespan of a
building, which is currently 30 years. For instance, a 500 sq. ft. tent proposed to be up for 21 days
shall only require mitigation for seven (7) days. The calculation would be as follows:
Methodoly
• 500 sq. ft. / 1000 sq. ft. = .5 sq. ft.
• .5 sq. ft. x 4.7 FTEs = 2.35 FTEs generated
• 2.35 FTEs x 65% mitigation rate = 1.5275 FTEs to be mitigated if structures are in use
100% of year
• 1.5275 FTEs / 365 days per year = .004184931 daily rate
• .00418493lx 7 days = .029294517FTEs
• 029294517x $223,072 cash -in -lieu rate = $6,534.78
• $6,534.78/ 30 years = $217.82 due for mitigation of the structure for a period of 7 days
26.470.100 Planning and Zoning Commission applications.
The following types of development shall be approved, approved with conditions or denied by the
Planning and Zoning Commission, pursuant to Section 26.470.060, Procedures for review, and the
criteria for each type of development described below. Except as noted, all growth management
applications shall comply with the general requirements of Section 26.470.080. Except as noted, the
following types of growth management approvals shall be deducted from the annual development
allotments. Approvals apply cumulatively.
A. Change in use. A change in use of an existing property, structure or portions of an existing
structure between the development categories identified in Section 26.470.020 (irrespective of
direction), for which a certificate of occupancy has been issued and which is intended to be
reused, shall be approved, approved with conditions or denied by the Planning and Zoning
Commission based on the general requirements outlined in Section 26.470.080. No more than
one (1) free-market residential unit may be created through the change -in -use.
B. Expansion of free-market residential Units within a multi -family or mixed -use project.
The net livable area expansion of existing free-market residential units within a mixed -use
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project shall be approved, approved with conditions or denied by the Planning and Zoning
Commission based on the general requirements outlined in Section 26.470.080. The
remodeling or expansion of existing multi -family residential dwellings shall be exempt from
growth management as long as no demolition occurs, pursuant to Section 26.470.070.C.
Expansion of existing free-market residential units shall not require a development allotment
C. Affordable Housing. The development of affordable housing that does not qualify for
administrative review and approval under the criteria established in 26.470.090.C, shall be
approved, approved with conditions, or denied by the Planning and Zoning Commission based
on the general requirements outlined in 26.470.080, and all other applicable review criteria of
this title. If the affordable housing project is located in a historic district or on a historically
designated property, the Historic Preservation Commission is the review body for this review.
Additionally, the following shall apply to all affordable housing development:
1. The proposed units shall be deed -restricted as "for sale" units and transferred to qualified
purchasers according to the Aspen Pitkin County Housing Authority Regulations. The
developer of the project may be entitled to select the first purchasers, subject to the
aforementioned qualifications, pursuant to the Aspen Pitkin County Housing Authority
Regulations. The deed restriction shall authorize the Aspen Pitkin County Housing
Authority or the City to own the unit and rent it to qualified renters as defined in the Aspen
Pitkin County Housing Authority Regulations, as amended.
2. The proposed units may be rental units, including but not limited to rental units owned by
an employer, government or quasi -government institution, or non-profit organization if a
legal instrument in a form acceptable to the City Attorney ensures permanent affordability
of the units. The City encourages affordable housing associated for lodge development to
be rental units associated with the lodge operation and contributing to the long-term
viability of the lodge.
3. A combination of "for sale" and rental units is permitted.
D. Demolition or redevelopment of multi -family housing_ The City's neighborhoods have
traditionally been comprised of a mix of housing types, including those affordable by its
working residents. However, because of Aspen's attractiveness as a resort environment and
because of the physical constraints of the upper Roaring Fork Valley, there is constant pressure
for the redevelopment of dwellings currently providing resident housing for tourist and second -
home use. Such redevelopment results in the displacement of individuals and families who are
an integral part of the Aspen work force. Given the extremely high cost of and demand for
market -rate housing, resident housing opportunities for displaced working residents, which are
now minimal, will continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in
Aspen have been long-standing planning goals of the community. Achievement of these goals
will serve to promote a socially and economically balanced community, limit the number of
individuals who face a long and sometimes dangerous commute on State Highway 82, reduce
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the air pollution effects of commuting and prevent exclusion of working residents from the
City's neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working
residents be provided by both the public and private sectors. The City and the Aspen/Pitkin
County Housing Authority have provided affordable housing both within and adjacent to the
City limits. The private sector has also provided affordable housing. Nevertheless, as a result
of the replacement of resident housing with second homes and tourist accommodations and the
steady increase in the size of the workforce required to assure the continued viability of Aspen
area businesses and the City's tourist -based economy, the City has found it necessary, in concert
with other regulations, to adopt limitations on the combining, demolition or conversion of
existing multi -family housing in order to minimize the displacement of working residents, to
ensure that the private sector maintains its role in the provision of resident housing and to
prevent a housing shortfall from occurring.
The combining, demolition (see definition of demolition.), conversion, or redevelopment of
multi -family housing shall be approved, approved with conditions or denied by the Planning
and Zoning Commission based on compliance with the following requirements:
1. Re uirements for combining, demolishing. converting or redeveloping free-market multi-
family housing units: Only one (1) of the following three (3) options is required to be met
when combining, demolishing, converting or redeveloping a free-market multi -family
residential property. To ensure the continued vitality of the community and a critical mass
of local working residents, no net loss of density (total number of units) between the existing
development and proposed development shall be allowed.
a. One -hundred -percent replacement. In the event of the demolition of free-market multi-
family housing, the applicant shall have the option to construct replacement housing
consisting of no less than one hundred percent (100%) of the number of units, bedrooms
and net livable area demolished. The replacement units shall be deed -restricted as
resident occupied (RO) affordable housing, pursuant to the Guidelines of the
Aspen/Pitkin County Housing Authority. In summary, this option replaces the
demolished free-market units with an equal number of units, bedrooms and net livable
area of deed -restricted, Resident Occupied (RO) development. An applicant may choose
to provide the mitigation units at a lower category designation. Each replacement unit
shall be approved pursuant to Subsection C, Affordable housing, of this Section.
When this one -hundred -percent standard is accomplished, the remaining development
on the site may be free-market residential development with no additional affordable
housing mitigation required as long as there is no increase in the number of free-market
residential units on the parcel. Free-market units in excess of the total number originally
on the parcel shall be reviewed pursuant to Section 26.470.100, subsection H or I,
Residential Development — sixty (60%) or seventy (70%) percent affordable as required.
b. Fifty percent replacement. In the event of the demolition of free-market multi -family
housing and replacement of less than one hundred percent (100%) of the number of
previous units, bedrooms or net livable area as described above, the applicant shall be
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required to construct affordable housing consisting of no less than fifty percent (50%)
of the number of units, bedrooms and the net livable area demolished. The replacement
units shall be deed -restricted as Category 4 housing, pursuant to the guidelines of the
Aspen/Pitkin County Housing Authority. In summary, this option replaces the free-
market units — with 50% of the new units, bedrooms and net livable area allowed as free
market units and 50% of the new units, bedrooms and net livable area required as deed -
restricted, Category 4, affordable housing units. An applicant may choose to provide
mitigation units at a lower category designation. Each replacement unit shall be
approved pursuant to Paragraph 26.470.100.C, Affordable housing.
When this fifty -percent standard is accomplished, the remaining development on the
site may be free-market residential development as long as additional affordable
housing mitigation is provided pursuant to Section 26.470.080 — General Requirements,
and there is no increase in the number of free-market residential units on the parcel.
Free-market units in excess of the total number originally on the parcel shall be reviewed
pursuant to Section 26.470.100, subsection H or I, Residential Development — sixty
(60%) or seventy (70%) percent affordable as required.
c. One -hundred percent affordable housing replacement. When one -hundred percent of
the free-market multi -family housing units are demolished and are solely replaced with
deed -restricted affordable housing units on a site that are not required for mitigation
purposes, including any net additional dwelling units, pursuant to Section 26.470.190.0
or 26.470. 100. C, Affordable Housing; all of the units in the redevelopment are eligible
for a Certificate of Affordable Housing Credit, pursuant to Section 26.540 Certificate
of Affordable Housing Credit. Any remaining unused free market residential
development rights shall be vacated.
2. Requirements for demolishing deed -restricted, affordable multi -family housing In
the event a project proposes to demolish or replace existing deed -restricted affordable
housing units, the redevelopment may increase or decrease the number of units, bedrooms
or net livable area such that there is no decrease in the total number of employees housed
by the existing units. The overall number of replacement units, unit sizes, bedrooms and
category of the units shall comply with the Aspen/Pitkin County Housing Authority
Guidelines.
3. Location requirement. Multi -family replacement units, both free-market and affordable,
shall be developed on the same site on which demolition has occurred, unless the owner
shall demonstrate and the Planning and Zoning Commission determines that replacement
of the units on site would be in conflict with the parcel's zoning or would be an inappropriate
solution due to the site's physical constraints.
When either of the above circumstances result, the owner shall replace the maximum
number of units on site which the Planning and Zoning Commission determines that the
site can accommodate and may replace the remaining units off site, at a location
determined acceptable to the Planning and Zoning Commission, or may replace the units
by extinguishing the requisite number of affordable housing credits, pursuant to Sec.
26.540, Certificates of Affordable Housing Credit.
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When calculating the number of credits that must be extinguished, the most restrictive
replacement measure shall apply. For example, for an applicant proposing to replace one
1,000 square foot three -bedroom unit at the 50% rate using credits, the following
calculations shall be used:
50% of 1,000 square feet = 500 square feet to be replaced. At the Code mandated rate
of 1 FTE per 400 square feet of net livable area, this requires the extinguishments of
1.25 credits; or
A three -bedroom unit = 3.0 FTE's. 50% of 3.0 FTE's = 1.50 credits to be
extinguished.
Therefore, in the most restrictive application, the applicant must extinguish 1.50 credits to
replace a three -bedroom unit at the 50% rate. The credits to be extinguished would be
Category 4 credits.
4. Fractional unit requirement. When the affordable housing replacement requirement of this
Section involves a fraction of a unit, fee -in -lieu may be provided only upon the review and
approval of the City Council, to meet the fractional requirement only, pursuant to Paragraph
26.470.110.C, Provision of required affordable housing via a fee -in -lieu payment.
5. Timing requirement. Any replacement units required to be deed -restricted as affordable
housing shall be issued a certificate of occupancy, according to the Building Department,
and be available for occupancy at the same time as, or prior to, any redeveloped free-market
units, regardless of whether the replacement units are built on site or off site.
6. Redevelo ment agreement. The applicant and the City shall enter into a redevelopment
agreement that specifies the manner in which the applicant shall adhere to the approvals
granted pursuant to this Section and penalties for noncompliance. The agreement shall be
recorded before an application for a demolition permit may be accepted by the City.
7. Growth mans ement allotments. The existing number of free-market residential units, prior
to demolition, may be replaced exempt from growth management, provided that the units
conform to the provisions of this Section. The redevelopment credits shall not be
transferable separate from the property unless permitted as described above in
Subparagraph 3, Location requirement.
8. Exemptions. The Community Development Director shall exempt from the procedures and
requirements of this Section the following types of development involving Multi -Family
Housing Units. An exemption from these replacement requirements shall not exempt a
"development from compliance with any other provisions of this Title:
a. The replacement of Multi -Family Housing Units after non -willful demolition such as
a flood, fire, or other natural catastrophe, civil commotion, or similar event not
purposefully caused by the landowner. The Community Development Director may
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require documentation be provided by the landowner to confirm the damage to the
building was in -fact non -willful.
To be exempted, the replacement development shall be an exact replacement of the
previous number of units, bedrooms, and square footage and in the same
configuration. The Community Development Director may approve exceptions to
this exact replacement requirement to accommodate changes necessary to meet
current building codes; improve accessibility; to conform to zoning, design standards,
or other regulatory requirements of the City; or, to provide other architectural or site
planning improvements that have no substantial effect on the use or program of the
development. (Also see Chapter 26.312 — Nonconformities.) Substantive changes to
the development shall not be exempted from this Section and shall be reviewed as a
willful change pursuant to the procedures and requirements of this Section.
b. The demolition of Multi -Family Housing Units by order of a public agency including,
but not limited to, the City of Aspen for reasons of preserving the life, health, safety,
or general welfare of the public.
The demolition, combining, conversion, replacement, or redevelopment of Multi -
Family Housing Units which have been used exclusively as tourist accommodations or
by non -working residents. The Community Development Director may require
occupancy records, leases, affidavits, or other documentation to the satisfaction of the
Director to demonstrate that the unit(s) has never housed a working resident. All other
requirements of this Title shall still apply including zoning, growth management, and
building codes.)
d. The demolition, combining, conversion, replacement, or redevelopment of Multi -
Family Housing Units which were illegally created (also known as "Bandit Units").
Any improvements associated with Bandit Units shall be required to conform to current
requirements of this Title including zoning, growth management, and building codes.
Replaced or redeveloped Bandit Units shall be deed restricted as Resident Occupied
affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing
Authority.
e. Any development action involving demising walls or floors/ceilings necessary for the
normal upkeep, maintenance, or remodeling of adjacent Multi -Family Housing Units.
f. A change order to an issued and active building permit that proposes to exceed the
limitations of remodeling/demolition to rebuild portions of a structure which, in the
opinion of the Community Development Director, should be rebuilt for structural,
safety, accessibility, or significant energy efficiency reasons first realized during
construction, which were not known and could not have been reasonably predicted
prior to construction, and which cause no or minimal changes to the exterior
dimensions and character of the building.
E. Expansion or new commercial development_ The expansion of an existing commercial
building or commercial portion of a mixed -use building or the development of a new
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commercial building or commercial portion of a mixed -use building shall be approved,
approved with conditions or denied by the Planning and Zoning Commission based on general
requirements outlined in Section 26.470.080.
F. New free-market residential units within a multi -family or mixed -use project. The
development of new free-market residential units within a multi -family or mixed -use project
shall be approved, approved with conditions or denied by the Planning and Zoning Commission
based on the general requirements outlined in Section 26.470.080 and the following criteria:
a. Affordable housing net livable area shall be provided in an amount equal to at least
thirty percent (30%) of the new free-market residential net livable area. (Note that for
new free-market units that are included as part of a project subject to section
26.470.100.D, Demolition or redevelopment of multi -family housing, the requirements
in said section shall prevail.)
b. Affordable housing units provided shall be approved pursuant to Paragraph
26.470.100.C, Affordable housing.
c. The mitigation unit(s) must be deed -restricted as a "for sale" Category 2 (or lower)
housing unit and transferred to a qualified purchaser according to the provisions of the
Aspen/Pitkin County Housing Authority Guidelines.
G. Expansion or new lodge development. The expansion of an existing lodge, the redevelopment
of existing lodge which meets the definition of demolition, or the development of a new lodge
shall be approved, approved with conditions or denied by the Planning and Zoning Commission
based on the following criteria:
a. Sixty-five percent (65%) of the employees generated by the lodge, timeshare lodge,
exempt timeshare units, and associated commercial development, according to
Paragraph 26.470.050.B, Employee generation, shall be mitigated through the provision
of affordable housing.
b. Free-market residential units included in a lodge development and which may be rented
to the general public as a lodge unit shall be considered lodge units and mitigated
through the provision of affordable housing in accordance with this section.
c. Affordable housing units provided shall be approved pursuant to Paragraph
26.470.100.C, Affordable housing.
d. New or redeveloped Boutique Lodges, or the conversion of lodge, residential or
commercial uses to boutique lodge is subject to the mitigation standards for commercial
uses as provided for in section 26.470.080.D.1 and 3.
Note: A residential project that creates new lots via Subdivision, pursuant to Chapter
26.480, Subdivision, (excepting lot splits) or the replacement of existing multi -family units
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following Demolition, pursuant to Section 26.470.100.D, shall have the choice of using
either subsection 26.470.100.H or 26.470.100.I, as specified below. These development
types require the granting of development allotments.
H. Residential development — sixty percent (60%) affordable. The development of a residential
project or an addition of units to an existing residential project, in which a minimum of sixty
percent (60%) of the additional units and thirty percent (30%) of the additional Allowable Floor
Area is affordable housing deed -restricted in accordance with the Aspen/Pitkin County Housing
Authority Guidelines, shall be approved, approved with conditions or denied by the Planning
and Zoning Commission based on the following criteria:
a. A minimum of sixty percent (60%) of the total additional units and thirty percent (30%)
of the project's additional Allowable Floor Area shall be affordable housing. Multi -site
projects are permitted. Affordable housing units provided shall be approved pursuant
to Paragraph 26.470.100.1), Affordable housing, and shall average Category 4 rates as
defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An
applicant may choose to provide mitigation units at a lower category designation.
b. If the project consists of only one (1) free-market residence, then a minimum of one (1)
affordable residence representing a minimum of thirty percent (30%) of the project's
total Allowable Floor Area and deed -restricted as a Category 4 "for sale" unit, according
to the provisions of the Aspen/Pitkin County Affordable Housing Guidelines, shall
qualify.
I. Residential development — seventy percent (70%) affordable. The development of a
residential project or an addition to an existing residential project, in which seventy percent
(70%) of the project's additional units and seventy percent (70%) of the project's additional
bedrooms are affordable housing deed -restricted in accordance with the Aspen/Pitkin County
Housing Authority Guidelines, shall be approved, approved with conditions or denied by the
Planning and Zoning Commission based on the following criteria:
a. Seventy percent (70%) of the total additional units and total additional bedrooms shall be
affordable housing. At least forty percent (40%) of the units shall average Category 4 rates
as defined in the Aspen/Pitkin County Housing Authority Guidelines. The remaining thirty -
percent affordable housing unit requirement may be provided as Resident Occupied (RO)
units as defined in the Aspen/Pitkin County Housing Authority Guidelines. Multi -site
projects are permitted. Affordable housing units provided shall be approved pursuant to
Paragraph 26.470.070.4, Affordable housing. An applicant may choose to provide
mitigation units at a lower category designation.
b. If the project consists of one (1) free-market residence, then the provision of one (1) RO
residence and one (1) category residence shall be considered meeting the seventy -percent
unit standard. If the project consists of two (2) free-market residences, then the provision
of two (2) RO residences and two (2) category residences shall qualify.
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26.470.110. City Council applications.
The following types of development shall be approved, approved with conditions or denied by the City
Council, pursuant to Section 26.470.060, Procedures for review, and the criteria for each type of
development described below. Except as noted, all growth management applications shall comply with
the general requirements of Section 26.470.080. Except as noted, all City Council growth management
approvals shall be deducted from the respective annual development allotments.
A. Multi -year development allotment. The City Council, upon a recommendation from the Planning
and Zoning Commission, shall approve, approve with conditions or deny a multi -year development
allotment request based on the following criteria:
1) A project is required to meet at least five (5) of the following criteria.
a. The proposal exceeds the minimum affordable housing required for a standard project.
b. The proposed project represents an excellent historic preservation accomplishment. A
recommendation from the Historic Preservation Commission shall be considered for
this standard.
c. The proposal furthers affordable housing goals by providing units established as priority
through the current Aspen/Pitkin County Housing Authority Employee Housing
Regulations and Housing Development Policy and provides a desirable mix of
affordable unit types, economic levels and lifestyles (e.g., singles, seniors, families,
etc.).
d. The proposal minimizes impacts on public infrastructure by incorporating innovative,
energy -saving techniques. Recommendations from relevant departments shall be
considered for this standard. For example, if an applicant proposed an innovative design
related to the storm sewer system, a recommendation from the Engineering Department
shall be considered.
e. The proposal minimizes construction impacts beyond minimum requirements both
during and after construction. A recommendation from the Engineering and Building
Departments shall be considered for this standard.
f. The proposal maximizes potential public transit usage and minimizes reliance on the
automobile by exceeding the requirements in Section 26.515, Off -Street Parking and
Mobility. A recommendation from the Transportation and Engineering Departments
shall be considered for this standard.
g. The proposal exceeds minimum requirements of the Residential Demolition and
Redevelopment Standards or for LEED certification, as applicable. A recommendation
from the Building Department and/or Engineering Department shall be considered for
this standard.
h. The proposal represents a desirable site plan and an architectural design solution.
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i. The proposal promotes opportunities for local businesses through the provision of Alley
stores or second -tier commercial space.
2) The project complies with all other provisions of the Land Use Code and has obtained all
necessary approvals from the Historic Preservation Commission, the Planning and Zoning
Commission and the City Council, as applicable.
3) The Community Development Director shall be directed to reduce the applicable annual
development allotments, as provided in Section 26.470.120, in subsequent years as
determined appropriate by the City Council.
B. Provision of required affordable housing units outside City limits. The provision of affordable
housing, as required by this chapter, with units to be located outside the City boundary, upon a
recommendation from the Planning and Zoning Commission, shall be approved, approved with
conditions or denied by the City Council based on the following criteria:
1) The off -site housing is within the Aspen Urban Growth Boundary.
2) The proposal furthers affordable housing goals by providing units established as priority
through the current Aspen/Pitkin County Housing Authority Guidelines and provides a
desirable mix of affordable unit types, economic levels and lifestyles (e.g., singles, seniors
and families).
3) The applicant has received all necessary approvals from the governing body with
jurisdiction of the off -site parcel.
City Council may accept any percentage of a project's total affordable housing mitigation to be
provided through units outside the City's jurisdictional limits, including all or none.
C. Provision of required affordable housing via a fee -in -lieu payment. The provision of affordable
housing in excess of 0.10 Full -Time Equivalents (FTEs) via a fee -in -lieu payment, upon a
recommendation from the Planning and Zoning Commission shall be approved, approved with
conditions or denied by the City Council based on the following criteria:
1) The provision of affordable housing on site (on the same site as the project requiring such
affordable housing) is impractical given the physical or legal parameters of the development
or site or would be inconsistent with the character of the neighborhood in which the project
is being developed.
2) The applicant has made a reasonably good -faith effort in pursuit of providing the required
affordable housing off site through construction of new dwelling units, the deed restriction
of existing dwelling units to affordable housing status, or through the purchase of affordable
housing certificates.
3) The applicant has made a reasonably good -faith effort in pursuit of providing the required
affordable housing through the purchase and extinguishment of Certificates of Affordable
Housing Credit.
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4) The proposal furthers affordable housing goals, and the fee -in -lieu payment will result in
the near -term production of affordable housing units.
The City Council may accept any percentage of a project's total affordable housing mitigation to
be provided through a fee -in -lieu payment, including all or none.
D. Essential public facilities. The development of an essential public facility, upon a
recommendation from the Planning and Zoning Commission, shall be approved, approved with
conditions or denied by the City Council based on the following criteria:
1) The Community Development Director has determined the primary use and/or structure to
be an essential public facility (see definition). Accessory uses may also be part of an
essential public facility project.
2) The Planning and Zoning Commission shall determine the number of employees generated
by the essential public facility pursuant to Section 26.470.050.C, Employee generation
review.
3) Upon a recommendation from the Community Development Director and the Planning and
Zoning Commission, the City Council may assess, waive or partially waive affordable
housing mitigation requirements as is deemed appropriate and warranted for the purpose of
promoting civic uses and in consideration of broader community goals.
E. Preservation of significant open space parcels. On a project -specific basis and upon a
recommendation from the Planning and Zoning Commission, the City Council shall approve,
approve with conditions or deny development of one (1) or more residences in exchange for the
permanent preservation of one (1) or more parcels considered significant for the preservation of
open space. The preservation parcel may lie outside the City jurisdiction. The exempted residential
units shall be deducted from the respective annual development allotment established pursuant to
Section 26.470.040.B. The exempted residential units shall provide affordable housing mitigation,
pursuant to the applicable requirements of Section 26.470. This exemption shall only apply to the
specific residences approved through this provision. Other residences within a project not
specifically exempted through this provision shall require growth management approvals pursuant
to this Chapter. The criteria for determining the significance of a preservation parcel and the
associated development rights to be granted may include:
1) The strategic nature of the preservation parcel to facilitate park, trails or open space
objectives of the City. This shall include a recommendation from the City of Aspen Open
Space Acquisition Board.
2) Identification of the preservation parcel as desirable for preservation in any adopted master
plans of the City or following a recommendation from the Parks and Open Space
Department.
3) Proximity and/or visibility of the preservation parcel to the City.
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4) The development rights of the preservation parcel, including the allowed uses and
intensities and impacts associated with those uses if developed to the maximum.
5) The proposed location of the parcel being granted growth management approvals and the
compatibility of the resulting uses and intensities of development with the surrounding
neighborhood, including the impacts from the specified method of providing affordable
housing mitigation. The new residences shall be restricted to the underlying zoning
restrictions of the property on which they lie unless additional restrictions are necessary in
order to meet this criterion.
6) The preservation parcel shall be encumbered with a legal instrument, acceptable to the City
Attorney, which sterilizes the parcel from further development in perpetuity.
F. Reduction in lodge units. The reduction of units in an existing or approved Lodge or Boutique
Lodge shall be reviewed pursuant to the standards listed below. Review shall be by City Council
pursuant to Section 26.470.060(C) Step Two. Properties ceasing all lodging operations shall not
be subject to this review. Physical changes to the property may be required for compliance with
zoning limitations.
a. The project shall comply with the review standards outlined in Section 26.425.035,
Conditional Use — Standards for Boutique Lodge Uses — but shall not be subject to a Conditional
Use review unless required by the underlying zone district or overlay zone district.
b. The proposed use meets the definition of Boutique Lodge or Lodge in section 26.104.110, as
applicable.
c. The proposed reduction will likely result in a product that meets customer demand. The
lodge may provide documentation to indicate their targeted consumer's lodging expectations.
d. The proposed reduction will not likely result in the property being used as a private residence.
The city may request assurances that the lodge is not being converted to a private residence
through a development agreement, or the like.
G. Additional allotments for local property owners of Single -Family and Duplex
Redevelopment or Expansion that does trigger Demolition as defined by Chapter 26.580 and
Section 26.470.090.C. Any property owner within the City who applied for an allotment through
section 26.470.090 and was not granted an allotment due to a lack of allotments available for the
calendar year can request an allotment from future years. Up to two (2) allotments may be granted
through this process and shall not be deducted from a future year's available allotments. This
review procedure is available only to property owners who can establish, through such procedures
and documentation set forth below, that the property proposed for redevelopment or expansion has
been owned and occupied by the applicant or applicant's immediate family members for at least 35
years. All other property owners may request an allotment through the Multi -year development
allotment procedures outlined in Section 26.470.110.A. The following review criteria shall apply
to the consideration of the award of additional allotments pursuant to this subsection G:
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1) The property owner or immediate family members have owned and occupied the
property for at least 35 years. Documentation evidencing ownership and residency shall
be provided, which may include but is not limited to property transactions records,
property tax remittance, voter registration records, and the like. Additionally, signed
affidavit(s) attesting to ownership and occupancy for all 35 years must be submitted.
2) The granting of the allotment furthers the goals, objectives and policies of the Aspen
Area Community Plan.
3) The project meets all review criteria in 26.470.090.C.3, or a variation is approved by the
Planning and Zoning Commission.
26.470.120. Yearly Growth management accounting procedures.
A. General. The Community Development Director shall maintain an ongoing account of available,
requested and approved growth management allocations for all land uses identified in Table 1 of
Section 26.470.020. Allotments shall be considered allocated upon issuance of a development order
for the project. Unless specifically not deducted from the annual development allotment, all units of
growth shall be included in the accounting. Approved affordable housing units shall be counted
regardless of the unit being provided as mitigation or otherwise.
B. Yearly Allotment Carry -Forward Procedures. At the conclusion of each growth management
year, the Community Development Director shall prepare a summary of growth allocations. The City
Council, at its first regular meeting of the growth management year, shall review the prior year's growth
summary, consider a recommendation from the Community Development Director, and shall, via
adoption of a resolution, establish the number of unused and unclaimed allotments to be carried forward
and added to the annual allotment. A public hearing is not required and this action may be completed
as part of City Council's consent calendar.
The City Council may carry forward any portion of the previous year's unused allotment, including all
or none. The City Council shall consider the following criteria in determining the allotments to be
carried forward:
1) The community's growth rate over the preceding five-year period.
2) The ability of the community to absorb the growth that could result from a proposed
development utilizing accumulated allotments, including issues of scale, infrastructure
capacity, construction impacts and community character.
3) The expected impact from approved developments that have obtained allotments, but that
have not yet been built.
There is no limit, other than that implemented by the City Council, on the amount of potential growth
that may be carried forward to the next year.
Any allotments awarded to a project which does not proceed and which are considered void shall
constitute unused allotments and may be considered for allotment roll-over by the City Council for the
year from which they were assigned. If a project decides not to proceed with the development after
Council's decision on roll-over allotments for that year, then those allotments shall be considered
expired and no longer available. Allotments shall be considered vacated by a property owner upon
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written notification from the property owner or upon expiration of the development right pursuant to
Section 26.470.040.D, Expiration of growth management allotments.
26.470.130. Application contents.
Applications for growth management shall include the following:
1) The general application information required in Common development review procedures,
Chapter 26.304.
2) A site -improvement survey meeting the requirements of Title 29, Engineering Design Standards.
3) A description of the project and the number and type of the requested growth management
allotments.
4) A detailed description and site plan of the proposed development, including proposed land uses,
densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas,
infrastructure improvements, site drainage and any associated off -site improvements.
5) A description of the proposed affordable housing and how it provides adequate mitigation for
the project and conforms to the Aspen/Pitkin County Housing Authority Guidelines.
6) A statement specifying the public facilities that will be needed to accommodate the proposed
development, proposed infrastructure improvements and the specific assurances that will be
made to ensure that the public facilities will be available to accommodate the proposed
development.
7) A written response to each of the review criteria for the particular review requested.
8) Copies of required approvals from the Planning and Zoning Commission, Historic Preservation
Commission and the City Council, as necessary.
26.470.140. Reconstruction limitations.
In reconstruction scenarios, growth management allotments and any other reconstruction rights that
this Code establishes, may continue, subject to the following limitations.
A. An applicant may propose to demolish and then delay the reconstruction of existing development
for a period not to exceed one (1) year. To comply with this limitation and maintain the
reconstruction right, an applicant must submit a complete building permit application for
reconstruction on or before the one-year anniversary of the issuance date of the demolition permit.
The City Council may extend this deadline upon demonstration of good cause. The continuation
of growth management allotments in a reconstruction scenario for single-family and duplex
development are not subject to this time limitation.
B. Single-family and duplex development receive no credit for existing Mitigation Floor Area for the
purposes of determining affordable housing mitigation in redevelopment scenarios that meet the
definition of Demolition — per 26.580. The exception to this is when a single-family or duplex is
demolished by an act of nature or through any manner not purposefully accomplished by the owner.
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C. Applicants shall verify existing conditions prior to demolition with the City Zoning Officer. An
applicant's failure to accurately document existing conditions prior to demolition and verify
reconstruction rights with the City Zoning.
D. Reconstructed buildings shall comply with applicable requirements of the Land Use Code,
including but not limited to Chapter 26.312, Nonconformities, and Chapter 26.710, Zone Districts.
E. Any reconstruction rights shall be limited to reconstruction on the same parcel or on an adjacent
parcel under the same ownership.
F. Residential redevelopment credits may be converted to lodge redevelopment credits by right. The
conversion rate shall be three (3) lodge units per each one (1) residential unit. This is a one-way
conversion, and lodge credits may not be converted to residential credits.
26.470.150. Amendment of a growth management development order.
A. Insubstantial amendment. An insubstantial amendment to an approved growth management
development order may be authorized by the Community Development Director if:
1) The change conforms to all other provisions of the Land Use Code and does not exceed
approved variations to the residential design standards, require an amendment to the
commercial design review approval or such variations or amendments have been approved.
2) The change does not alter the number, size, type or deed restriction of the proposed affordable
housing units, subject to compliance with the Aspen/Pitkin County Housing Authority
Guidelines.
3) The change is limited to technical or engineering considerations discovered prior to or during
actual development that could not reasonably be anticipated during the review process or any
other minor change that the Community Development Director finds has no substantial effect
on the conditions and representations made during the original project review.
B. Substantial amendment. All other amendments to an approved growth management development
order shall be reviewed pursuant to the terms and procedures of this Chapter. Allotments granted
shall remain valid and applied to the amended application, provided that the amendment application
is submitted prior to the expiration of vested rights. Amendment applications requiring additional
allotments or allotments for different uses shall obtain those allotments pursuant to the procedures
of this Chapter. Any new allotments shall be deducted from the growth management year in which
the amendment is submitted.
26.470.160. Appeals.
A. Appeal of adverse determination by Community Development Director. An appeal made by
an applicant aggrieved by a determination made by the Community Development Director on an
application for administrative review shall be to the Planning and Zoning Commission. The appeal
procedures set forth at Chapter 26.316 shall apply. The Planning and Zoning Commission may
reverse, affirm or modify the decision or determination of the Community Development Director
based upon the application submitted to the Community Development Director and the record
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established by the Director's review. The decision of the Planning and Zoning Commission shall
constitute the final administrative action on the matter.
B. Appeal of adverse determination by Planning and Zoning Commission. An appeal made by
an applicant aggrieved by a determination made by the Planning and Zoning Commission on an
application for Planning and Zoning Commission review shall be to the City Council. The appeal
procedures set forth at Chapter 26.316 shall apply. The City Council may reverse, affirm or modify
the decision or determination of the Planning and Zoning Commission based upon the application
submitted to the Planning and Zoning Commission and the record established by the Commission's
review. The decision of the City Council shall constitute the final administrative action on the
matter.
C. Insufficient development allotments. Any property owner within the City who is prevented from
developing a property because that year's development allotments have been entirely allocated may
appeal to the City Council for development approval. An application requesting allotments must
first be denied due to lack of necessary allotments. The appeal procedures set forth at Chapter
26.316 shall apply. The City Council may take any such action determined necessary, including
but not limited to making a one-time increase of the annual development allotment sufficient to
accommodate the application.
Section 8•
Land Use Code Sections 26.540.040; 26.540.050; 26.540.060; 26.540.070; and 26.540.080.
Certificates of Affordable Housing Credits shall be rescinded and readopted as follows:
Chapter 26.540
CERTIFICATES OF AFFORDABLE HOUSING CREDIT
26.540.040 Authority
The Community Development Director, in accordance with the procedures, standards, and limitations
of this Chapter and of Chapter 26.304, Common Development Procedures, shall approve, approve with
conditions, or deny an application for the establishment of a Certificate of Affordable Housing Credit
for projects that have been previously approved, or are being reviewed concurrently with 26.470.090.C.
The Planning and Zoning Commission (or Historic Preservation Commission) shall approve, approve
with conditions, or deny an application being reviewed concurrently with 26.470.100.C.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §)
26.540.050 Application
All applications shall include the information required under Chapter 26.304, Common Development
Review Procedures. In addition, all applications must also include the following information.
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1. The net livable square footage of each unit and proposed number of bedrooms.
2. If applicable, the conditions under which reductions from net minimum livable square footage
requirements are requested according to Aspen Pitkin County Housing Authority Guidelines and a
copy of the recommendation from APCHA related to the units.
3. Proposed Category designation for each unit.
4. Proposed Category Designation of sale or rental restriction for each unit. This should include and
conditions that APCHA will require related to either the sale and/or rental of the units.
5. Proposed employees housed by the affordable housing units in increments of no less than one -one -
hundredth (.01) according to Section 26.470.050.D (Table 4, FTEs Housed).
6. For projects that include affordable housing units within a designated structure, provide a
calculation for the Credits generated within the designated structure that includes a multiplier of
1.2 x the employees housed per paragraph 5, immediately above. This multiplier recognizes the
additional costs related to preservation efforts of designated structures. The multiplier does not
apply to units/Credits established in non -historic structures in the same project.
7. For projects that are converting (without demolition) existing free-market (single family, duplex,
or multi -family) units into Category, deed -restricted units for the purpose of establishing affordable
housing credits, the application shall additionally contain the following:
a. Recommendation from APCHA that identifies the development standards for a project or
unit being accepted into a deed restriction by APCHA. The application should specifically
reference APCHA's evaluation of the property and any necessary improvements to the
property necessary to meet APCHA requirements. Eventual issuance of credits will be
conditioned on fulfilling the identified development requirements.
b. A precise evaluation, conducted by an architect or other qualified party that identifies the
existing net livable area of the unit is required. If a unit is below APCHA's minimum net
livable area based on the number of bedrooms (as established by APHCA's Guidelines), a
400 square feet per FTE calculation will be utilized instead of the bedroom count, in
determining the number of Credits that will be generated by the project.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1; Ord. No. 11-2021, §2)
26.540.060 Procedures for establishing an affordable housing credit
A development application to establish a certificate of Affordable Housing Credit shall be reviewed
pursuant to the Common Development Review Procedures set forth at Chapter 26.304, and the
following procedures and standards.
A. Administrative Review by the Community Development Director for projects that have
received previous GMQS approval for the establishment of affordable housing, or in a combined
review with projects that are being reviewed administratively under 26.470.090.D.
1. Purpose: To determine if the application meets the standards for authorizing establishment of
a Certificate of Affordable Housing Credit
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2. Process: The Community Development Director shall approve, approve with conditions, or
deny the application after considering the recommendation of the Community Development
Director.
3. Standards of review: 26.540.070
4. Form of decision: The Community Development Director decision shall be documented in a
recorded Notice of Approval. The Notice of Approval may include a description or diagram of
the affordable housing and any necessary conditions of approval.
5. Notice re uirements: The requirements of 26.304.080 shall apply.
B. Planning and Zoning Commission (or Historic Preservation Commission) review for projects
that are being reviewed under 26.470.100.0
1. Purpose: To determine if the application meets the standards for authorizing establishment of
a Certificate of Affordable Housing Credit.
2. Process: The Planning and Zoning Commission shall approve, approve with conditions, or
deny the application after considering the recommendation of the Community Development
Director.
3. Standards of review: 26.540.070
4. Form of decision: Planning and Zoning Commission decision shall be by resolution. The
resolution may include a description or diagram of the affordable housing.
5. Notice requirements: The requirements of 26.304.080 shall apply. No public hearing notice is
required.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1)
26.540.070 Review criteria for establishing an affordable housing credit
An Affordable Housing Credit may be established by the Community Development Director or
Planning and Zoning Commission if all of the following criteria are met. The proposed units do not
need to be constructed prior to this review.
A. The proposed affordable housing unit(s) comply with the review standards of Section
26.470.080.D.7.a-g.
B. The affordable housing unit(s) are not an obligation of a Development Order and are
not otherwise required by this Title to mitigate the impacts of development.
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1; Ord. No. 11-2021, §3)
26.540.80 Procedure for issuing a certificate of affordable housing credit
A. The Community Development Director Notice of Approval or the Planning and Zoning
Commission Resolution in approving the establishment of Affordable Housing Credits for a
project shall identify one of two possible paths for the eventual issuance of established credits:
1. Upon completion of the pr j ect and the presentation of a Certificate of Occupancy and
APCHA deed restriction for the completed affordable units, 100% of the approved
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Certificates shall be issued in a form prescribed by the Community Development
Director; or,
2. Upon presentation of a performance bond, letter of credit, or other financial instrument
acceptable to the City Attorney in guaranteeing the eventual completion of the project,
a project developer will receive phased issuance of Affordable Housing Credits per the
following schedule:
■ 30% of approved Credits at completion of foundation inspection
■ 30% of approved Credits at completion of framing 1 roofing inspection
■ 40% of approved Credits at presentation of Certificate of Occupancy and the
APCHA deed restriction
3. The bond, letter of credit, or other financial instrument shall be presented and reviewed
with the submission of the building permit and will be for an amount of 100 % of the
total project valuation.
4. Approval of phased issuance of Affordable Housing Credits must be included in the
Notice of Approval or Planning and Zoning Commission Resolution. No phased
issuance shall occur until the City Attorney has reviewed and approved the provided
financial instrument.
5. If phased issuance is approved by Notice of Approval or Resolution and the project
developer determines ultimately not to pursue the phased issuance, Credits will be
issued per Paragraph 1 at the time of the completed project.
B. Upon successful completion of the requirements of Paragraph 1 or 2 above, the issued
Certificate of Affordable Housing Credit shall include the following information:
1. A number of the Certificate in chronological order of their issuance.
2. Parcel identification number, legal address and the street address of the affordable
housing.
The Category Designation and number of employees housed by the affordable housing units, according
to Section 26.470.050.1) — Employees Housed; in increments of no less than one -one -hundredths (.01).
(Ord. No. 6-2010, §5; Ord. No. 32-2012, §1; Ord. No. 34-2015, §3; Ord. No. 11-2021, §4)
Section 9:
Land Use Code Sections 26.575.020.D; 26.575.020.E; 26.575.020.F; 26.575.020.H.; 26.575.0201,
26.575.020.J; and 26.575.020.K. Calculations and Measurements shall be rescinded and readopted as
follows:
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
26.575.020 Calculations and Measurements
D. Measuring Floor Area. In measuring Floor Areas (Inclusive of Gross, Allowable, Mitigation,
and Floor Area Ratio (FAR), the following applies:
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1. General. Floor area shall be attributed to the lot or parcel upon which it is developed. In
Figure 2: Measuring to Face of Framing
measuring a building for the purposes of calculating Floor Areas, there shall be included all areas
within the surrounding exterior walls of the building. 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.)
Note: In measuring Floor Area for the purposes of calculating employee generation and affordable
housing mitigation for single-family, duplex, and multi -family development, a distinct calculation is
made for Mitigation Floor Area. Please refer to Section 26.575.020.D.2 below to determine which
Floor Area exclusions shall be deducted from the Gross Floor area to determine the Mitigation Area
total.
Measuring Allowable Floor Area shall include the following exclusions and exemptions included in
Sections 26.575.020.D.3 - 26.575.020.D.15.
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2. Floor Area Definitions and Pu ose.
V. Floor area. A general term used to describe the sum total of the gross horizontal areas of
each story of the building measured from the exterior walls of the building. Floor Area is
distinct from the specific definitions below, but may include Gross Floor Area, Mitigation
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Floor Area, Allowable Floor Area. See specific definitions of each type below for additional
clarity.
i. Floor Area, Gross. Gross floor area is the total horizontal area of all floors in a
building, and of all floors in any accessory structure on the same lot, measured from
the exterior face framing of the exterior walls (See Section 26.575.020.1)), or the
centerline of a common wall separating two buildings, but excluding unenclosed
balconies. This floor area measurement is the total floor area in which Mitigation
Floor area and Allowable floor area exclusions are deducted from as established in
Section 26.575.020.D. None of the Floor Area Exemptions in Section 26.575.020.D
are considered in this calculation.
Gross Floor Area should be calculated and documented in any land use or building
permit application.
ii. Floor Area, Allowable. — The total amount of floor area allowed on a property
based on the limitations and allowances in the applicable zone district in Title 700
and calculated pursuant to Section 26.575.020.D, Calculations and Measurements.
All exemptions and methodology outlined in Sections 26.575.020.D.3-16 apply to
this calculation.
iii. Floor Area, Mitigation — The Gross Floor Area of a structure minus exclusions
included in Section 26.575.020.D. This floor area measurement is used to assess
required affordable housing mitigation for a given project. For the determination of
Mitigation Floor Area, a number of the calculation methodologies listed in
subsections 26.575.020.D.3 —16, below, are not taken. The following table lists the
code sections that are not applied to the calculation of Mitigation Floor Area. These
areas are counted in their entirety in the Mitigation Floor Area.
Specific Building Elements
Garap,es and camorts
(26.575.020.D.8)
Subgrade areas
(26.575.020.D.9)
Does the section apply to the
calculation of Mitigation Floor
Area?
NO, the exemption is not taken
and the entire area is included in
the calculation
NO, the exemption is not taken
and the entire area is included in
the calculation
iv. Floor Area, Non -unit space. The area, considering all inclusions and exclusions as
calculated herein, within a lodge, hotel or mixed use building that is commonly
shared. (Also see Calculations and Measurements Section 26.575.020.D.15).
V. Floor area ratio (FAR). The total floor area of all structures on a lot divided by
the lot area.
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3. 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.
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.
4. Attic Space and Crawl Space. Unfinished and uninhabitable space between the ceiling joists
and roof rafters of a structure or between the ground and floor framing which is accessible only
as a matter of necessity is exempt from the calculation of Floor Area as described below. Drop
ceilings are not included in the height measurement for crawl spaces.
a. Crawl spaces that meet the following are exempt from Floor Area calculations:
i. 6 feet or less in height measured between the hard floor structure and floor framing; and
ii. Accessible only through an interior floor hatch, exterior access panel, or similar feature;
and
iii. Are the minimum height and size reasonably necessary for the mechanical equipment.
1. Stacked crawl spaces do not qualify for the Floor Area exemption. Crawl spaces
greater than 6 feet in height count toward Floor Area in accordance with Section
26.575.020.D.9 Subgrade areas.
2. Attic space that is conveniently accessible and is either habitable or can be made
habitable shall be counted in the calculation of Floor Area.
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3. 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.
r..
Area of floor rIZI
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Figure 3: Thirty -inch height exemption
4. If any portion of the attic or crawl space of a structure is to be counted, then the entire
room shall be included in the calculation of Floor Area.
5. Examples of attic and crawl spaces that do and do not count toward Floor Area:
a. An attic area created above a "hung" or "false" ceiling is exempt.
b. A crawl space that is six (6) feet in height that is accessible only through an
interior hatch counts.
c. An attic area accessible only through an interior pull -down access ladder is
exempt.
d. An unfinished attic space or an unfinished crawl space over 4 feet in height which
has convenient access is counted.
e. A crawl space that is 6 feet in height, is accessible only through an interior hatch
and is a reasonable size to accommodate the mechanical equipment is exempt.
5. Decks, Balconies Loggias, Gazebos. Trellis, Exterior Stairways, and non -Street -facing
porches.
a) The calculation of the Floor Area of a building or a portion thereof shall not include decks,
balconies, trellis, exterior stairways, non -Street facing porches, gazebos and similar
features, unless the area of these features is greater than fifteen percent (15%) of the
allowable floor area for the property and the use and density proposed, or as otherwise
exempted by this Section.
b) If the area of these features exceeds fifteen percent (15%) of the property's 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 allowable Floor
Area for the purpose of this calculation refers to the Floor Area calculation based on the Net
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Lot Area, as defined in this chapter or as prescribed by a site -specific approval, with the
following exceptions: Floor Area bonus, or established or extinguished Transferrable
Development Right certificates are not included.
c) Decks, balconies, exterior stairways, trellis, and similar features of a mixed use,
commercial, or lodge building located within the Commercial Core (CC) Zone District,
Mixed Use (MU) Zone District, the Commercial (C-1) Zone District, the Neighborhood
Commercial (NC) Zone District, the Lodge (L) Zone District, or the Commercial Lodge
(CL) Zone District shall be exempt from Floor Area calculations.
d) For free-market residential units located within the Mixed Use (MU) Zone District,
Commercial Core (CC) Zone District, and Commercial (C-1) Zone District, at -grade patios,
decks (other than roof -top decks), balconies, exterior stairways, trellis, and other similar
features may only be expanded up to 15% of the total free-market residential floor area.
Such free-market units shall not be able to utilize any other exemptions to floor area outlined
in Section 26.575.020(D).
e) The area of the following features count toward deck calculation: railing, permanently fixed
seating, permanently fixed grills, and similar permanently fixed features. Permanent planter
boxes and green roofs that are a minimum of thirty (30) inches in height above or below the
deck surface, measured from the deck surface to the bottom of the planter box or green roof
surface, and that are permanently built into the structure of the roof or deck are not included
in the deck calculation. Permanent planter boxes and green roofs that do not meet the
minimum requirement count toward deck calculation.
f) 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.
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6. Front Porches. Porches on Street -facing farade(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
S
t
r
e
�xempt
t
Earea
of porch
7. Patios. Patios developed at or within six (6) inches of finished grade shall not be countect
towards Floor Area. These features may be covered by roof overhangs or similar architectural
projections of up to four feet, as measured from the face of the building, and remain exempt
from Floor Area calculations. When roof overhangs or similar architectural projections exceed
four feet, the entire feature counts toward Floor Area. Railing, permanently fixed seating,
permanently fixed grills, and similar permanently fixed features located on patios shall count
toward deck calculation.
8. Gara es and caroorts. For all multi -family buildings, parcels containing more than two
residential units, and residential units located within a mixed -use building, 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 Arca 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:
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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.
9. Sub rade 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 natural or finished grade, whichever is
lower, 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.
Example: If 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.
Ordinance # 13, Series of 2022
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Wi
�
Exposed _.__ .
r
's Area beltm more restrictive trade
I
Exposed Wall Area Percentage of exterior wall that's exposed equals
the amount of subgrade area that will cowtt
Total Exterior Wall Area to%vards floor area calculation
Figure 4: 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 does not include drop ceilings.
i
Floor Structure
Area of wall
to be used for =
subgrade
calculation
Foundation and Floor Structure
FoundationFootsr —
Figure 5: Measuring the Area of a Subgrade Wall
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Figure 6: Determining different building levels
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.
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
i
..
L_____--- -1
Figure 7: Pitched roof with subgrade calculation
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
Ordinance #13, Series of 2022
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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.
For subgrade spaces with adjoining crawl spaces exempt pursuant to Section 26.575.020.D.3,
a line is drawn to separate the basement space from the crawl space for the purposes of
calculating the perimeter and gross area measurements. Exempt crawl space is not included
in the perimeter, wall area, and floor area measurements.
Single-family and duplex structures shall contain no more than one floor level below finished
grade. A basement with a stepped floor is allowed. The finished floor level shall be no more
than 15 feet below finished grade. A crawl space below the basement, compliant with the
limitations of Section 26.575.020.D.3, shall be exempt from this depth limitation.
When it is necessary to determine the floor area of an individual unit within a duplex or multi-
family building, it shall be calculated from the exterior walls to the centerline of any parry
walls it shares with other units.
In order to determine the subgrade area of an individual unit in a duplex or multi -family
building that applies toward Floor Area calculations, the subgrade gross square footage of an
individual unit shall be multiplied by the percentage of exterior walls exposed above grade for
the entire structure.
Example:
a. The subgrade exemption for the structure is 40% (exposed wall divided by total wall).
b. Unit A has 500 square feet below grade, measured from exterior wall to the centerline of
the party walls it shares with Unit B. Unit B has 900 square feet.
c. 0.40 (entire duplex exposed percentage) x 500 (Unit A subgrade gross square footage) _
200 square feet subgrade floor area that applies toward the total Floor Area for Unit A. 0.40
(entire duplex exposed percentage) x 900 (Unit B subgrade gross square footage) = 360
square feet subgrade floor area that applies toward the Floor Area for Unit B.
Ordinance #13, Series of 2022
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40% exposed above
grade
l ]nit A: 500 so. f
)nit B: 900 sq.
Duplex subgrade
area
10. Accessory Dwelling Units and Carria ege 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.
11. Permanently Affordable Accessory Dwelling Units and Carria a 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.
12. Sheds Stara a Areas and similar Accessou 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 that
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are both 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.
13. 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. 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.
14. 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.
15. 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 floor area for non -unit space, which is
common to all uses on the property, shall be allocated on a proportionate basis to the use
categories outlined in the subject zone district's FAR schedule. To determine the non -unit space
allocation in a building, a calculation of the building's Gross Floor Areais required. 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.
Garages, including subgrade garages, and carports in mixed use buildings that contain
residential units are considered non -unit space.
When a feature is used exclusively by one use, the space shall be attributed to the floor area
for that use.
Gross floor area calculation:
For instance, if a building was comprised of the following square footages:
2,000 sq. ft. commercial floor area (including 500 sq. ft. basement)
+ 4,000 sq. ft. free-market residential floor area
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+ 2,000 sq. ft. affordable housing floor area
+ 1.000 sq. ft. non unit floor area (1,250 sq, ft.- 250 sq. ft. for exempt ara e
9,000 sq. ft. gross floor area
Percentage of use category er building floor area:
Then the total unit floor area in the building, not including non -unit space, would be eight
thousand (8,000) square feet floor area (9,000—1,000). Using the allocation of non -unit
space standard, the uses account for the following percentages of the total unit floor area:
Commercial floor area = 25% [(2,000/8,000) * 100]
Free-market residential floor area = 50% [(4,000/8,000) * 100]
Affordable housing floor area = 25% [(2,000/8,000) * 100]
Application of use percentages to non -unit floor area:
A proportionate share of the non -unit floor area shall then be allocated towards each use
category. Floor area exemptions that apply to non -unit space, for example a garage or top
level of a shared stairway tower, are deducted from the total non -unit floor area before
allocating to each use category. Subgrade levels that do not count toward floor area shall not
be included in the use category total when calculating floor area. This provision shall apply to
all zone districts permitting mixed -use buildings.
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.
The floor area for each use is as follows:
Commercial floor area: 1,500 sq. ft. (2,000 sq. ft. total minus 500 sq. ft. exempt
basement) + 250 sq. ft. = 1,750 sq. ft.
Free market residential floor area: 4,000 sq. ft. + 500 sq. ft. = 4,500 sq. ft.
Affordable housing floor area: 2,000 sq. ft. + 250 sq. ft. = 2,250 sq. ft.
Examples:
1. Circulation features, for example hallways, that are shared (used by multiple uses) are
considered non -unit space.
2. A shared elevator that serves all levels of a mixed use building (even if the top level
terminates within a residential unit) is considered non -unit space.
3. Circulation that is specific to a use, for example a private elevator that only serves the
residential component (i.e. it does NOT provide access to commercial levels), is
allocated to the floor area of the specific use and is not considered non -unit space.
Ordinance #13, Series of 2022
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4. A stairway that is interior to a single unit, which for example connects a two level
commercial space, counts toward commercial floor area.
16. 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.
a. For new construction, and for redevelopment projects following a Demolition of a structure
for any use type, required setbacks shall be measured perpendicularly from all points of the
parcel boundary to the outermost 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.S., below. (See Figure 8.a)
_r Setback measured to Floor Area Maa®urad to face of framing
adgv of vrnaar
Ordinance #13, Series of 2022
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b. For existing single-family, duplex, and multi -family residential structures, that propose
energy efficiency or fire protection upgrades on the exterior of the structure, required
setbacks shall be measured perpendicular from all points of the parcel boundary to the
exterior face of framing of a structure, to a maximum of eight (8) inches of all exterior
veneer such as brick, stone or other exterior treatments, including fire proofing, exterior
insulation, and any methods of attachment for insulation systems, but excluding allowed
projections as further described in subsection 26.575.020.E.5, below. In any instance where
the addition of exterior improvements results in a setback of five (5) feet or less, the
Community Development Director shall evaluate site context to ensure the improvements
are appropriate and compliant with building codes. (See Figure 8.b)
Properly line
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'
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Figure 8,1):.Measuron-ionl (Exislinc) `ir000res)
c. For existing single-family, duplex and multi -family residential structures that encroach into
the setback and propose energy efficiency of fire protection upgrades on the exterior of the
structure, a maximum of eight (8) inches of all exterior veneer such as brick, stone or other
exterior treatments, including fire proofing, exterior insulation, and any methods of
attachment for insulation, may be added to the wall assembly without being considered a
non -conformity and triggering compliance with Chapter 26.430 —Non-Conformities In any
instance where the addition of exterior improvements result in a setback of five feet or less,
the Community Development Director shall evaluate site context to ensure the
improvements are appropriate and compliant with building codes.
2. Determinin Front.:11 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
Ordinance #13, Series of 2022
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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.
Street 270' ekoek Length
—�
r i Fran[ Yard
100' I
I Side
i 1 Yard
Corner Lot
Figure 9: 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 #13, Series of 2022
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---- sine
t Yard
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
I Front
II
1SideYard +
}
I
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Street
/ SideYard
Figure 11: Reverse curve 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 #13, Series of 2022
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Parcel boundary with greatest length
_ I, — — — — — — — ` — , Street
---
Front LOT ;
Yard
i
v �
--------------- -----�
Street
--- Rear Yard
Figure 12: 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 wad 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 # 13, Series of 2022
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to,sathock
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Figure 13: Required setback from a right-of-way or street easement
MY satback
an flog lot,
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 thirty (30) feet, with a
minimum of ten (10) feet on either side, Figure 14 shows compliance with the requirement —
one side yard is ten (10) feet, the other is twenty (20) feet, and each side yard setback is
consistent from front to rear.
Given the same example, Figure 15 meets the individual ten (10) feet' 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 #13, Series of 2022
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Figui°e 14: Cgmpli411ce with CoMbined setbAclO
I
Figure 16t Does not comp[compty with combined setbacks
5. Allowed Pr6ections into Setbacks. Setback areas shall be unobstructed above and below
ground except for the following allowed projections:
a) Above or below ground utilities, including transformers and vaults, 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.
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 as measured from the setback boundary.
Ordinance #13, Series of 2022
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h) 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.
i) 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.
j) Uncovered porches, landscape terraces, slabs, patios, walks and similar features, which do
not exceed six (6) inches vertically above or below the surrounding finished grade for the
entire feature.
k) Landscape walls, berms, retaining walls, stairways and similar structures, which do not
exceed thirty (30) inches vertically above or below the lower of natural or finished grade.
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. . Berms are
prohibited in the front yard setback.
1) Drainage swales, stormwater retention areas, bi❑ retention areas, rain collection systems,
and similar stormwater retention, filtration or infiltration 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 shall have the following requirements:
a. Prohibited between any lot line adjacent to a street and any structure; and
b. Shall be located at least double the minimum setback for a primary structure from any
lot line adjacent to a street; and
c. If visible from the street, these features shall be screened in accordance with Section
26.575.050, Fence Materials, with natural features, or by other means determined
appropriate by the Community Development Director ; and
d. If located within a setback not adjacent to a street, these features shall not exceed thirty
(30) inches above or below finished grade. These features may be up to thirty (30) inches
Ordinance #13, Series of 2022
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above and below finished grade simultaneously. Improvements may exceed thirty (30)
inches below grade if necessary for the structural integrity of the improvement.
Street
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n) Heating and air conditioning equipment and similar mechanical equipment, but excluding
generators, shall have the following requirements:
a. Prohibited between any lot line adjacent to a street and any structure; and
b. Shall be located at least double the minimum setback for a primary structure from any
lot line adjacent to a street; and
c. If visible from the street, these features shall be screened in accordance with Section
26.575.050, Fence Materials, with natural features, or by other means determined
appropriate by the Community Development Director; and
d. If located within a setback not adjacent to a street, these features shall not exceed thirty
(30) inches above and forty-eight (48)inches below finished grade. These features may
be up to thirty (30) inches above and forty-eight (48) inches below finished grade
simultaneously.
o) The height and placement of energy efficiency or renewable energy production systems and
cquipment, 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 between any lot line adjacent to
a street and any structure. For energy production systems and equipment located on top of
a structure, see sub -section F.4.
p) The Community Development Director may approve exceptions to the requirements of m),
n), and o) above. The Community Development Director must first determine that the visual
impact of the exemption is minimal, that no other reasonable option exists, or that there is a
Ordinance #13, Series of 2022
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significant increase in efficiency gained as a result of flexibility. Approval may be granted
during building permit review, or as part of a site -specific development approval.
q) Fences and hedges less than 1--orty-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
c'
72" fence
.y I height
42" fence `•
height
-� Front
~ ''~ Fagade line
Figure 17 Of house
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.)
r) Driveways not exceeding twenty-four (24) inches above or below finished 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 finished grade.
s) 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.
t) 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 play equipment, and
similar non -permanent features which are not affixed to the ground. This exemption shall
not allow storage sheds or containers.
u) 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
Ordinance #13, Series of 2022
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Preservation Commission, enclosures shall not abut or be attached to a historic structure.
Enclosures may abut other non -historic structures.
For projects that are proposed to be, or are currently 100% Deed Restricted Affordable
Housing, Wildlife -resistant trash and recycling enclosures shall be located along the alley,
when possible. If no alley exists, the enclosure may be located in a street facing yard if
located and designed in a way to minimize visual impact of the enclosure, ensure efficient
use of the enclosure, and the minimum size necessary in both height and footprint to meet
the requirements of Title 12 of the Municipal Code.
v) Generators are prohibited between and structure and the street and within any setback.
Exceptions may be made by the Community Development Director in accordance with
Section 26.575.020.E.5.J.
F. Measuring Building Heights.
1. For properties in the Commercial Core (CC), Commercial (Cl), 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 than 3:12 shall be measured from the ground to the top -most portion of the structure.
Roof Pitch
Parapet 3:12 or less
wall
Height of Height of
building building
1 �
Figure 18: 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.
Ordinance #13, Series of 2022
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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 (1/3) of
the distance up from the eave point to the ridge. There shall be no limit on the height of the
ridge.
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Figure 19: Measuring height for roofs with hitch from 3:12 to 7:12
1/3rd point between eave
nt. and Ridge
Ridge
Eave Point
Height
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Figure 20: Eave Point and Exterior Sheathing of a Roof
Ordinance #13, Series of 2022
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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.
d) 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.
e) 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.
f) For mansard roofs, height shall be measured to the flat roof as described above.
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.
h) Butterfly roofs shall be measured in accordance with shed roof methodology.
3. Height Measurement Method. In measuring a building for the compliance with height
restrictions, the measurement shall be the maximum distance measured vertically from the
ground to the specified point of the building located above that point, as fin ther 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 Commmunity 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, fire proofing,
exterior insulation, a second layer of exterior sheeting, or other veneer treatments or
ornamentation.
Ordinance #13, Series of 2022
Page 93 of 206
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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.
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Figure 22: Eave Point and Exterior Sheathing of a Roof
Ordinance #13, Series of 2022
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4. Allowed Exceptions to Hei ght 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.
On structures other than a single-family or duplex residential building or an accessory
building, all Chimneys, flues, vents, and similar venting apparatus should be set back from
any Street facing facade of the building a minimum of twenty (20) feet and the footprint
should be minimized and combined to the greatest extent practicable.
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.
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 twenty
(20) 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. All railings
shall be set back from any Street facing facade of the building by an amount equal to the
height of the railing.
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 six
(6) feet above height of the building at the point the equipment is attached. This allowance
is inclusive of any pad the equipment is placed on, as well as any screening. Mechanical
equipment shall be screened, combined, and co -located to the greatest extent practicable.
Ordinance #13, Series of 2022
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On structures other than a single-family or duplex residential building or an accessory
building, all mechanical equipment shall be set back from any Street facing facade of the
building a minimum of fifteen (15) feet.
fj 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 six (6) 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 twenty (20) feet and the footprint of the equipment is minimized and
combined to the greatest extent practicable.
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.
h) Flag poles may extend over the specified maximum height limit.
i) Exceptions for buildings on slopes. For properties with a slope that declines by 10% or
greater from the front lot line, the maximum height of a building's front (street -facing)
facade may extend horizontally for the first ten (10) feet of the building's depth
For properties located in the geographical area bounded by Durant Street, Main Street,
Monarch Street and Original Street and have a maximum elevation change of three (3) feet,
the maximum height measurement as determined from the highest point of the lot may
extend the entire width or length of the lot. See Figure A, below, where ' X"' is the
measured height.
Figure A: Measurement on a Slope
iwixmW n.wm
"Novoem"
pulp
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j) Exceptions for lightwells and basement stairwells. A basement stairwell required by Building
Code for egress shall not be counted towards maximum permissible height. On street facing
facades the minimum size lightwell 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. On non -street facing facades a lightwell that is
no more than one hundred (100) square feet shall not be counted towards maximum
permissible height. This exception does not apply to lightwells and stairwells that are located
within a setback.
For properties that contain an areaway that counts toward the pedestrian amenity
requirement, the qualifying areaway shall not be counted towards maximum permissible
height. See Figure B, below, where "X"' is the measured heights and "Y"' is not counted
if the subgrade area counts as pedestrian amenity.
Figure B: Measurement of heights with subgrade pedestrian amenity
%$eliding heig hi
meaW_v "e
_ aedestrinn
Y ptrienity t
The Historic Preservation Commission is authorized to grant an exception to height for
lightwells larger than one hundred (100) square feet on historic landmark properties that
contain a historic resource upon a finding that the following conditions are met:
a. Lightwell is not easily visible from the right of way.
b. Approval of the exemption supports the preservation of the historic resource.
k) For commercial, lodge, or mixed -use buildings located in the Commercial Core (CC),
Commercial (C-1), or Neighborhood Commercial (NC) zone districts, decorative, non-
functional architectural elements such as a parapet, cornice, spire, pediment, are exempted
from height measurement up to twenty-four (24) inches only if approved by the Planning and
Zoning Commission or Historic Preservation Commission as part of a Commercial Design
Review. This exemption shall not be combined with any other height exemptions.
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l) Permanent Rooftop Amenities. Permanent rooftop amenities, such as built-in wet bars, built-
in barbeque grills, cabinets, sinks, fire pits, pools, hot tubs, etc. shall be permanently installed
and shall meet the following height and setback requirements to qualify for a height exemption.
This only applies to a mixed use, lodge, or commercial building located in the Commercial
Core (CC) Zone District, Mixed Use (MU) Zone District, the Commercial (C-1) Zone District,
the Lodge (L) Zone District, the Neighborhood Commercial (NC) Zone District, or the
Commercial Lodge (CL) Zone District. Permanent rooftop amenities may extend up to five
(5) feet above height of the building at the point the equipment is attached to the roof. This
allowance is inclusive of any pad the equipment is placed on. A trellis with a maximum height
of ten (10) feet and a maximum floor area of no more than 5% of the useable deck area is
permitted. All permanent rooftop amenities shall be set back from any Street facing fagade of
the building by a minimum of ten (10) feet.
m) Exceptions for skylight and light tubes A skylight or light tube typical of industry standards
and meeting minimum Building Code standards shall not be counted towards maximum
permissible height.
H. Measurement of Net Leasable Area and Net Livable Area. The calculation of net leasable area
and net livable area shall include all interior space of a building measured from interior wall to
interior wall, including interior partitions. Net leasable area and net livable area shall be attributed
to the lot or parcel upon which it is developed. Net leasable area includes all interior areas which
can be leased to an individual tenant with the exceptions noted below. Net livable area includes
those areas of a building that are used or intended to be used for habitation with the exceptions
noted below. Garages and carports are exempt from net leasable area and net livable area
calculations.
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.
2. 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 area. 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. Exterior decks and exterior seating are not included in the
calculation of net leasable area. Vending machines, gas pumps, and similar devices without an
attendant shall not be considered net leasable area.
The calculation of net leasable area and net livable area shall exclude areas of a building that are
integral to the basic physical function of the building. All other areas are attributed to the
measurement of net leasable commercial space or net livable area. When calculating interior
stairways or elevators, the top most interior level served by the stairway or elevator is exempt from
net livable or net leasable area calculations.
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Shared areas that count toward net leasable area and net livable area shall be allocated on a
proportionate basis of the use category using the percentages that are generated pursuant to Section
26.575.020.D.14 Allocation of non -unit space in a mixed use building.
Examples:
1. A broom closet of a minimum size to reasonably accommodate the storage of janitorial supplies
for the entire building is considered integral to the physical function of the building and does
not count toward net leasable area.
2. A shared commercial storage area that is larger than needed for the basic functionality of the
building counts toward net leasable area because it is useable by the businesses.
3. A shared stairway and a shared circulation corridor (that access more than one use) are integral
to the physical function of the building and do not count in the measurement of net livable area
or net leasable area.
4. A stairway that is entirely within one residential unit counts toward the measurement of net
livable area.
5. A private elevator that serves more than one residential unit, and does not provide access to other
uses, does not count toward the measurement of net livable area.
6. A private elevator that serves only one residential unit, and does not provide access to other uses,
counts toward the measurement of net livable area.
7. A shared mechanical room that is larger than the minimum space required to reasonably
accommodate the mechanical equipment counts toward the measurement of net livable area or
net leasable area as applicable. The area of the mechanical room that is the minimum size
required for the mechanical equipment does not count in net livable area or net leasable area.
1. 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 the site
is constrained, or it's recognized flexibility is warranted to improve efficiency of the equipment or
structure. The Community Development Director must first evaluate that the visual impact of the
exemption is minimal and that no other reasonable way to implement energy production or efficiency
exists that is more effective and less impactful. Exception for Energy Efficiency may be approved
during building permit or land use review.
J. 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, energy, or accessibility codes in or on existing buildings when
no other practical solution exists. The Community Development Director must first evaluate that the
visual impact of the exemption is minimal and that no other reasonable way to implement code
compliance exists that is more effective and less impactful. Exception for Building Code Compliance
may be approved during building permit review or land use review.
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K. 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.
(Ord. No. 44-1999, §7; Ord. No. 55-2000, §14; Ord. No. 56-2000, §§5, 6, 8; Ord. No. 25-2001, §§6,
7; Ord. No. 46-2001, §4; Ord. No. 55, 2003, §§2--4; Ord. No. 12-2006, §19; Ord. No. 12, 2007, §32;
Ord. No. 27-2010, §1; Ord. No. 12-2012, §3; Ord. No. 25-2012, §4; Ord. No. 7-2014; §§ 1-9; Ord.
No. 31-2014, §2; Ord. No. 4-2015, §1; Ord. No. 46-2015, §§ 12-20; Ord. No. 30, 2016, §6)
Section 10:
Land Use Code Section 26.580. Demolition is a new section of the code and shall be adopted as follows:
TITLE 26
LAND USE REGULATIONS
PART 500 — SUPPLEMENTARY REGULATIONS
Chapter 26.580
DEMOLITION
Sec.26.580.010
Purpose
Sec. 26.580.020
Future Amendments
Sec.26.580.030
Applicability
Sec. 26.580.040
Measurement of Demolition
Sec.26.580.050
Exemptions
Sec. 26.580.060
Enforcement and Penalties
Sec.26.580.070
Appeals
Sec. 26.580.080
Adoption of Residential Demolition and Redevelopment Standards
Chapter 26.580
DEMOLITION
26.580.010. — Purpose.
A. The purpose of the Chapter is to describe and define Demolition as it relates to all land use types
in the City of Aspen. The definition of Demolition and the application of this definition is impactful
to several sections of the Land Use Code including, but not limited to: Non -Conformities (26.312)
and the Growth Management Quota System (26.470). While the definitions and processes
described below apply to all use types, particular attention is given to the Demolition of Single -
Family and Duplex Residential Units.
B. The definitions and regulation in this section and the relationship to other sections of the Land Use
Code are meant to regulate impactful development activities and to mitigate negative impacts of
complex and significant construction projects to protect the health, safety and welfare of the public.
These negative impacts include ecological, economic, transportation, and social impacts. Ensuring
impactful development activities are adequately mitigated and consistent with Aspen's small-town
character furthers the City's Climate goals by improving regulatory responses to natural resource
consumption, reduces traffic impacts, encourages a more sustainable diversion of solid waste from
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the landfill, reduces general construction impacts to the community, and ensures that Aspen
continues to be a leader in efficient design practices is a key goal and purpose of this section.
26.580.020. Future Amendments to Chapter 26.580
All future amendments to this Chapter shall be exempt from the requirement of Policy Resolution for
code amendments (Section 26.310.020.B.1-2). Future amendments may proceed directly to a First and
Second Reading, pursuant to Section 26.310.020.B.3.
26.580.030 Applicability.
This chapter applies to land use applications and building permit submissions for development within
the City limits for projects that that meet or exceed the definition of Demolition, unless exempted by
Subsection 26.580.050.
26.580.040. — Measurement of Demolition.
A. The City Zoning officer shall determine if a building is intended to be, or has been Demolished
by applying the following process of calculation:
1. Anytime Demolition is proposed the applicant shall calculate the area of the existing surfaces
as follows:
a. The surface area of all existing (prior to commencing development) exterior wall
assemblies above finished grade. Not counted in the existing exterior surface area
calculations shall be all existing fenestration (doors, windows, skylights, etc.).
b. The surface area of all existing (prior to commencing development) roof assemblies.
2. The applicant shall calculate the area of existing surfaces that are proposed to be removed
and determine the overall percentage that is removed.
a. The exterior wall surface area and roof surface area, as described above, to be
removed.
b. Wall area or roof area being removed to accommodate new or relocated fenestration
shall be counted as exterior surface area being removed.
3. If the percentage removed exceeds 40%, then the development shall be considered
Demolition, pursuant to Section 26.104.100.
4. Demolition shall also include the removal of a dwelling unit in a multi -family or mixed -use
building, its conversion to nonresidential use, or any action which penetrates demising walls
or floors between Multi -Family Housing Units if such action is undertaken to combine the
units. See the requirements of Section 26.470.100.D — Demolition or Redevelopment of
Multi -Family Housing.
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B. Anytime Demolition is proposed, the applicant shall prepare and submit a diagram showing
the calculation. The diagram shall depict each exterior wall and roof segment as a flat plane
with an area tabulation.
1. 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.
2. If portions of the building involuntarily collapse while construction is occurring,
regardless of the developer's intent, that portion shall be calculated as removed and
included towards Demolition.
3. If additional portions of an area are required to be removed for health and safety
reasons (such as mold) after initial work has begun, that portion shall not be included
in the calculation of Demolition. An inspection with the Chief Building Official
shall be required in order to confirm removal is necessary for health of safety
reasons.
C. For the purposes of the calculation of Demolition, the following provisions shall apply:
1. Exterior wall assembly and roof assembly shall constitute the exterior surface of that
element including such items as studs, joists, rafters etc.
2. If a portion of a wall or roof stud is to be removed, the associated exterior surface
area shall be diagrammed as being removed.
3. If a portion of a wall or roof involuntarily collapses, regardless of the developer's
intent, that portion shall be calculated as removed.
4. Recalculation may be necessary during the process of development and the Zoning
Officer may require updated calculations as a project progresses.
5. 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.
6. Only exterior surface area above finished grade shall be used in the determination
of demolition. Sub -grade elements and interior wall or structural elements, while
potentially necessary for a building's integrity, shall not be counted in the
computation of exterior surface area.
7. Replacement of exterior sheeting when the structural components of that area are to
remain, does not count toward the calculation of Demolition.
8. 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
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involuntary collapse of those portions and a requirement to recalculate the extent of
demolition. Applicant's intent or unforeseen circumstances shall not affect the
calculation of actual physical demolition.
9. Separate Demolition calculations shall be provided for each detached structure on a
parcel. For structures with multiple attached units, such as an attached duplex,
Demolition calculations shall be for the entire structure, not per unit.
10. Additional requirements or restrictions of this Title may be required when
Demolition occurs.
D. The calculation of Demolition shall be cumulative for a period of ten (10) years. At any point
in a ten (10) year period, a structure on a property exceeds the threshold for Demolition, it shall
be subject to the provisions of this Chapter, as amended.
26.580.050. — Exemptions
The Community Development Director may exempt projects, or a portion thereof, from the calculation
of Demolition if any of the following circumstances exist. Upon a finding by the Community
Development Director that a project qualifies for an exemption, the project may proceed with any other
required reviews as determined by this Title or the submission of a building permit.
A. Dangerous Structures. Any building or structure that has been determined to be dangerous,
structurally unsafe or otherwise hazardous to human life, and is required to be abated by
demolition. This may include structures destroyed or damaged by fire, flood or other natural
disaster. The Chief Building Official shall make this determination.
B. The project is a 100% deed restricted affordable housing , or after completion of the project
will be 100% deed restricted affordable housing.
C. De Minimus Exception. The Community Development Director may waive any of the
requirements of this chapter if documentation satisfactory to the Director is provided to
establish that the scope of work is minimal and that providing Demolition documentation would
be inappropriate or unreasonable.
D. If an existing structure is to be temporarily relocated, on or off -site, and placed back on an
existing or reconfigured foundation that action shall not be considered Demolition for the
purposes of this chapter.
E. Exception for Necessary Repairs or Life/Safety concerns. If Demolition is triggered not due to
remodel or renovation activity but is determined by the Community Development Director to
be required for normal maintenance as defined in Title 26 (see definition in section 26.104.100)
or to rectify life safety issues, such as replacing a failing roof or mold removal, the square
footage impacted by the work shall be exempt from this section. This provision shall not allow
an increase to the height, floor area, net livable area of a building beyond what is the minimum
necessary required to comply with the Building Code.
F. Exception for the removal of Non -Historic Additions to Designated Historic Structures. If the
Historic Preservation Commission has determined that in the development of a structure that is
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designated on Aspen's list of Historic Landmarks, that non -historic elements of the project shall
be removed in returning the historic resource to its original configuration or character — the
portion of the project attributed to the non -historic elements shall not be calculated toward the
40% threshold.
26.580.060. — Enforcement and Penalties
A. The Community Development Director, City Engineer, Construction Mitigation Officer, or
their assigned staff shall have responsibility for enforcement of this chapter and are authorized
to take any and all other actions reasonable and necessary to enforce this chapter.
B. Violation of any provision of this chapter shall be subject to the provisions and penalties set
forth in Section 26.104.040 of the Municipal Code unless otherwise specified.
26.580.070. — Appeals
A. Appeal of adverse determination by Community Development Director. An appeal made by an
applicant aggrieved by a determination made by the Community Development Director that a
project triggers Demolition and is subject to the requirements of this Chapter shall be to the
Planning and Zoning Commission. The appeal procedures set forth at Chapter 26.316 shall
apply. The Planning and Zoning Commission may reverse, affirm or modify the decision or
determination of the Community Development Director based upon the application submitted
to the Community Development Director and the record established by the Director's review.
The decision of the Planning and Zoning Commission shall constitute the final administrative
action on the matter.
26.580.080— Adoption of Residential Demolition and Redevelopment Standards for Projects that
meet the definition of Demolition.
A. Pursuant to the powers and authority conferred by the Charter of the City, the City Council
hereby adopts and incorporates by reference redevelopment standards, hereinafter referred to
as the Residential Demolition and Redevelopment Performance Standards, which are
incorporated by reference into the City of Aspen Land Use Code. The Residential Demolition
and Redevelopment Standards set forth the design parameters to ensure residential
redevelopment improves solid waste diversion, increases the energy efficiency of structures,
and reduces negative impacts of construction. The Residential Demolition and Redevelopment
Standards may be amended, updated, and expanded from time to time by City Council
Resolution. The Residential Demolition and Redevelopment Standards shall be available for
public inspection on the Community Development Departments web page. Projects that are
pursuing a Demolition Allotment as described in Section 26.470.090.0 will be reviewed
pursuant to these standards.
Section 11:
Land Use Code Section 26.610.020, 26.610.030,
Fees shall be rescinded and readopted as follows:
26.610.040, 26.610.080, 26.610.090. from Impact
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Chapter 26.610
IMPACT FEES
26.610.020. Applicability.
Unless expressly exempted, the Park Development impact fee and the Transportation Demand
Management (TDM)/Air Quality impact fee shall be assessed upon all development within the City
which contains residential Allowable Floor Area or net leasable commercial space.
(Ord. No. 33, 2006, § 1; Ord. No. 27, 2011, § 1)
26.610.030. Exemptions.
This Chapter does not apply to:
A. Development involving a property listed on the Aspen Inventory of Historic Landmark Sites and
Structures. This exemption is solely for an historic structure and its accessory structures. Development
on an historic landmark property involving a non -historic or new building shall not be exempt.
B. Alteration, expansion or replacement of a structure which does not create additional Allowable
Floor Area or net leasable commercial space.
(Ord. No. 33, 2006, § 1; Ord. No. 27, 2011, § 1)
26.610.040. Definitions.
When used in this Chapter, the following words, terms and phrases, and their derivations, shall have
the meanings ascribed to them in this Section, except where the context clearly indicates a different
meaning. Other words and terms shall be defined under the Definition section of this Title:
A. Allowable Floor Area and Net Leasable Commercial Space shall be as defined and calculated
according the City of Aspen Land Use Code.
B. Building permit means any City permit that involves increases in floor area, net leasable square
footage and/or changes to land use.
C. Capital facilities means land, structures or equipment for purposes of parks and recreation,
transportation demand management and air quality. Capital facilities also includes design,
engineering, inspection, testing, planning, legal review, land acquisition and all other costs associated
with the construction or purchase of land, structures or equipment.
D. Collection means the point at which the impact fee/charge is actually paid to the City.
E. Impact fee means a monetary exaction imposed by the City pursuant to this Chapter as a condition
of or in connection with approval of a development project for the purpose of defraying all or some of
the City's cost for capital facilities associated with that development project.
F. Impose means to determine that a particular development project is subject to the collection of
impact fees as a condition of development approval.
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G. New development or development project means any project undertaken for the purpose of
development, including without limitation a project involving the issuance of a permit for construction,
reconstruction or change of use but not a project involving the issuance of a permit to operate or to
remodel, rehabilitate, reconstruct or improve an existing structure, which does not change the amount
of Allowable Floor Area, amount of net leasable commercial space, density or intensity of use.
H. Nonresidential development project means all development other than residential development
proj ects.
I. Residential development project means any development, inclusive of hotel development,
undertaken to create a new dwelling/lodge unit or add additional Allowable Floor Area to an existing
dwelling/lodge unit.
(Ord. No. 33, 2006, §1; Ord. No. 27, 2011, §1)
26.610.080. Credits.
A. A property owner who dedicates land or improvements, agrees to participate in an improvement
district or otherwise contributes funds for capital facilities as defined in this Chapter may be eligible
for a credit for such contribution against the impact fee paid.
1. The City Council shall determine:
a) The value of the developer contribution;
b) Whether the contribution meets capital facilities' needs for which the particular impact fee
has been imposed; and
c) Whether the contribution will substitute or otherwise reduce the need for capital facilities
anticipated to be provided with impact fee funds.
In no event, however, shall the credit exceed the amount of the applicable impact fee.
S. When additional residential Allowable Floor Area, hotel Allowable Floor Area or net leasable
commercial space are proposed after the demolition of a dwelling unit, lodge unit, or net leasable space,
either individually or in combination, a credit for the existing Allowable Floor Area or net leasable
space shall be credited towards the replacement development. A credit may only be allocated towards
the development on the same individual lot or an adjacent lot within the same redevelopment, and
cannot be assigned towards un-related development on a separate lot.
C. Any application for credit must be submitted on forms provided by the City before development
project approval. The application shall contain a declaration under oath of those facts which qualify
the property owner for the credit, accompanied by the relevant documentary evidence.
D. Total credits may not exceed the Impact Fee and a developer shall not be reimbursed by the City
for new development which is smaller than the previous development.
(Ord. No. 33, 2006, §1; Ord. No. 27, 2011, §1)
26.610.090. Impact fees.
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The following impact fees are the result of the "City of Aspen Impact Fee Study and Update of School
Lands Dedication" study, which was sponsored by the City of Aspen and completed by BBC Research
and Consulting on August 7, 2006. This study is available at the Community Development
Department. On September 26, 2011, the Impact Fees were amended by the City of Aspen in order to
make Allowable Floor Area the calculation variable instead of bedrooms. RRC Associates assisted
with this effort. Impact fees are hereby established as follows:
Table 610.1, Impact Fee Schedule
Parks Development Fee
Residential and Hotel
$5.45 per square foot of Floor Area
Nonresidential
$4.10 per square foot of Net Leasable Commercial Space
TDM/Air Quality Fee
Residential and Hotel
Nonresidential
$0.61 per square foot of Floor Area
$0.46 per square foot of Net Leasable
Commercial Space
Notes:
- An Accessory Dwelling Unit or Carriage House, as defined by and meeting the
requirements of this Title, shall be calculated as additional Allowable Floor Area of the
primary residence.
- The calculation for hotel units shall include only the Allowable Floor Area associated
with the individual lodging units. The calculation of Parks Development and TDM/Air
Quality fees shall not include non -unit space.
(Ord. No. 33, 2006, § 1; Ord. No. 27, 2011, § 1)
Section 12:
Land Use Code Sections 26.620.040, 26.620.070, School Land Dedication Fees shall be rescinded and
readopted as follows:
Chapter 26.620
SCHOOL LAND DEDICATION
26.620.040. Definitions.
When used in this Chapter, the following words, terms and phrases, and their derivations, shall have
the meanings ascribed to them in this Section, except where the context clearly indicates a different
meaning:
A. Allowable Floor Area shall be defined and calculated according the City of Aspen Land Use Code.
B. Building permit means any City permit that increases residential floor area and/or changes of land
use.
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C. Collection means the point at which land or a cash payment in lieu is actually transferred or paid
to the City.
D. Impose means to determine that a particular development project is subject to the collection of a
land dedication as a condition of development approval.
E. Land dedication means a land exaction imposed by the City pursuant to this Chapter as a condition
of or in connection with approval of a development project for the purpose of defraying all or some of
the Aspen School District's cost for capital facilities associated with that development project.
F. New development or development project means any project undertaken for the purpose of
development, including without limitation, a project involving the issuance of a permit for construction,
reconstruction or change of use but not a project involving the issuance of a permit to operate or to
remodel, rehabilitate, reconstruct or improve an existing structure, which does not change the amount
of floor area.
G. Nonresidential development project means all development other than residential development.
H. Residential development project means any development undertaken to create a new dwelling
unit or to add additional floor area(s) to an existing dwelling unit, excluding hotel units.
(Ord. No. 33, 2006, §2; Ord. No. 27, 2011, §2)
26.620.070. Land dedication and cash -in -lieu fees.
A. The following land dedication is the result of the "City of Aspen Impact Fee Study and Update of
School Lands Dedication" study, which was sponsored by the City and completed by BBC Research
and Consulting on August 7, 2006. This study is available at the Community Development
Department. The land dedication was amended on September 26, 2011 to implement a change that
began using Allowable Floor Area as a basis of calculation instead of bedrooms. RRC Associates
assisted with the change.
The current land area required per student equals 896 square feet. Table 620.1 provides the student
generation rates as follows:
Table 620.1, Student Generation Rates
Allowable Floor Area Student Generation Rate
(square feet) per dwelling
unit
First 1,200 000064 students per square foot of Allowable Floor Area.
1,200 — 2,100
2,100 — 3,500
Above 3,500
Notes:
.000404 students per square foot of Allowable Floor Area.
.000031 students per square foot of Allowable Floor Area.
0
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- The calculation of the School Land Dedication shall be assessed per dwelling unit. For
example, duplex dwelling units do not combine their Allowable Floor Area for one
calculation.
An Accessory Dwelling Unit or Carriage House, as defined by and meeting the
requirements of this Title, shall be calculated as additional Allowable Floor Area of
the primary dwelling it is associated with.
- When redevelopment of a property adds Allowable Floor Area, the difference between
the generation rates of the existing Allowable Floor Area and the proposed Allowable
Floor Area shall be the basis for determining the number of students generated. No
refunds shall be provided if Allowable Floor Area is reduced.
When Demolition is proposed, the redevelopment shall be credited the Allowable Floor
Area from the demolished residential dwelling unit. Credit from a demolished
dwelling unit cannot be allocated to more than one replacement dwelling unit or to
Ldevelopment on a different lot.
Figure 620.1, School Land Dedication Calculation
896 square feet — Land Area per Student Standard
multiplied by
Total Students Generated — Provided in Table 620.1, Student Generati,
equals
Total Square Feet to be Dedicated
B. Cash payment in lieu. An applicant may make a cash payment in lieu of dedicating land to the
City, or may make a cash payment in combination with a land dedication, to comply with the standards
of this Chapter. Because of the extraordinary cost of land within the City, the School District and the
City agreed to require payment of a cash -in -lieu amount which is less than the full market value of the
land area. The formula to determine the amount of cash -in -lieu payment for each residential dwelling
unit is as follows:
Figure 620.2, Cash -in -Lieu Formula
Total Square Feet to be Dedicated
multiplied by
Per -Square -Foot Value of Land Being Developed (see below for value substantiation)
multiplied by
Percentage of Fee to be Charged — 33% (.33)
equals
Cash -in -Lieu Payment
Figure 620.3, Cash Payment in Lieu Example
Ordinance #13, Series of 2022
Page 109 of 206
Fhe following example provides a development scenario to display how the fee is calculate
The scenario includes a new 3,200 sq. ft. (Allowable Floor Area) single-family residential home
on a 6,000 sq. ft. lot with an actual lot value of $2,400,000. The per square foot lot value is
$400.
Allowable Floor Area Students Generated
3,200
(first 1,200 sq. ft. x .000064) •077
(next 900 sq. ft. x .000404) .364
(remainin 1,100 sq. ft. x .000031) .034
Total Student Generation Rate .475
Land Dedication Calculation
Land Area per Student Standard (sq. ft.) 896
multiplied by
Total Students Generated (from above calculation) .475
equals
Total Square Feet to be Dedicated 425.6
When calculating a cash payment in lieu of a land dedication (assuming a total land value of
$2,400.000 for a 6,000-square-foot lot containing the dwelling unit), the following calculation
would be used to determine the cash payment in lieu:
Market Value of Land per sq. ft. $400 per sq. ft.
multiplied by
Total Square Feet to be Dedicated 425.6
multiplied by
Percentage of Fee to be Charged — 33% 0.33
equals
Cash Payment in Lieu $56,179.20
1. Current market value. Current market value means the value of the land at the time of the cash -
in -lieu payment, including site improvements such as streets and utilities, but excluding the
value of residential dwelling units and other structures on the property.
2. Substantiation. Market value may be substantiated by a documented purchase price (if an arms -
length transaction no more than two [2] years old) or other mutually agreed -upon recognized
means. Such means may include information from the Pitkin County Assessor for the specific
Ordinance #13, Series of 2022
Page 110 of 206
parcel or for similar parcels on an aggregate basis or an estimate of value prepared by a qualified
appraiser for the specific parcel or for similar parcels on an aggregate basis.
3. At� rp aisal. In the event the developer and the City fail to agree on market value, such value
shall be established by a qualified real estate appraiser acceptable to both parties. The developer
shall pay for the appraisal.
C. Mixed Use Development. Properties containing mixed use development shall only pay the School
Land Dedication fee -in -lieu for the Allowable Floor Area associated with the residential component of
the development. Non -unit space shall not contribute to the payment of School Land Dedication.
(Ord. No. 33, 2006, §2; Ord. No. 27, 2011, §2)
Section 13:
Land Use Code Section 26.710. Zone Districts shall be rescinded and readopted as follows:
Chapter 26.710
LAND USE REGULATIONS
PART 700 — ZONE DISTRICTS
Sections:
26.710.010
General purpose
26.710.020
Zone Districts established
26.710.022
Zoning of lands containing more than one underlying Zone District
26.710.024
Zoning of vacated areas
26.710.030
Official Zone District Map
26.710.040
Medium -Density Residential (R-6)
26.710.050
Moderate -Density Residential (R-15)
26.710.060
Moderate -Density Residential (R-15A)
26.710.070
Moderate -Density Residential (R-1513)
26.710.080
Low -Density Residential (R-30)
26.710.090
Residential Multi -Family (RMF)
26.710.100
Residential Multi -Family -A (RMFA)
26.710.110
Affordable Housing/Planned Development (AH/PD)
26.710.120
High Density Residential (R-3)
26.710.130
Rural Residential (RR)
26.710.140
Commercial Core (CC)
26.710.150
Commercial (C-1)
26.710.160
Service/Commercial/Industrial (S/C/I)
26.710.170
Neighborhood Commercial (NC)
26.710.180
Mixed Use (MU)
26.710.190
Lodge (L)
26.710.200
Commercial Lodge (CL)
26.710.220
Conservation (C)
26.710.230
Academic (A)
Ordinance #13, Series of 2022
Page 111 of 206
26.710.240
Park (P)
26.710.250
Public (PUB)
26.710.260
Open Space (OS)
26.710.270
Wildlife Preservation (WP)
26.710.280
Transportation Overlay (T) Zone District
26.710.290
Drainage Overlay (D) Zone District
26.710.300
Golf Course Support Overlay (GCS) Zone District
26.710.310
Lodge Overlay (LO) Zone District
26.710.320
Lodge Preservation Overlay (LP) Zone District
26.710.330
Ski Area Base (SKI)
26.710.340
Essential Business Overlay
Ordinance #13, Series of 2022
Page 112 of 206
26.710.010 General purpose.
In order to ensure that all development is consistent with the goals and objectives of the Aspen
Area Community Plan and this Title, it is necessary and proper to establish a series of Zone
Districts to ensure that each permitted and conditional use is compatible with surrounding land
uses, is served by adequate public facilities and is consistent with the environmental sensitivity
of the City and its surrounding areas natural resources. All development within each Zone
District shall be consistent with the purposes stated for that Zone District in this Chapter. Any
use which is not specifically listed in this Chapter as a permitted or conditional use in a Zone
District shall be considered prohibited, unless otherwise interpreted by the Community
Development Director pursuant to Chapter 26.306.
26.710.020 Zone Districts established.
The City is hereby divided in several zones, known and designated as detailed in this Chapter,
to serve the purposes stated above and in each Section of this Chapter describing the individual
Zone Districts.
26.710.022 Zoning of lands containing more than one underlying Zone District.
Whenever any parcel of land shall contain more than one underlying Zone District, the
following rules shall apply:
A. Proposed use not allowed in all Zone Districts. When a parcel of land contains more
than one underlying Zone District and the proposed use is not allowed in all of the respective
Zone Districts, then:
a. The use can only be developed on land in which it is a permitted or a conditional use.
b. The external floor area and density which shall apply to the use shall be calculated based
only on the land area of the Zone District in which the use is a permitted or conditional
use. The off-street parking requirements and other dimensional requirements which
shall apply to the use shall be those of the Zone District in which the use is a permitted
or conditional use, but shall be calculated on the basis of the land area and development
of the entire parcel.
B. Proposed use allowed in all Zone Districts. When a parcel of land contains more than
one underlying Zone District and the proposed use is allowed in all of the respective Zone
Districts, then:
a. The use shall be developed by comparing each dimensional and parking requirement of
the respective Zone Districts and applying the more restrictive of each requirement.
These requirements shall, however, be calculated based on the land area and
development of the entire parcel.
b. The only exception shall be when the area of the parcel which is designated with the
Zone District which permits the higher density constitutes more than seventy-five
percent (75%) of the entire land area of the parcel. In this case, the use shall be
developed using the dimensional regtiirements and off-street parking requirements of
City of Aspen Land Use Code
Part 700, General Purpose
Page 1
the Zone District permitting the higher density, which shall be calculated on the basis
of the land area and development of the entire parcel.
26.710.024 Zoning of vacated areas.
Whenever any street, alley or other public way within the City is vacated by the City Council,
the land on which the street, alley or public way is located shall become a part of the Zone
District of the lands adjoining such street, alley or public way. Those lands shall then become
subject to the regulations that apply to that Zone District. In determining land available for
development, however, vacated lands shall be excluded from the calculation of allowable floor
area, density or required open space.
26.710.030 Official Zone District Map.
A. Establishment of Zone District map. The location and boundaries of the Zone
Districts established in this Title shall be set forth on the Official Zone District Map of the City
which is incorporated herein by reference into this Title as if fully described and set forth herein.
A copy of the official Zone District map shall be located in the office of the Community
Development Department at all times for inspection by the general public during regular
business hours. The official Zone District map shall be the final authority as to the current
zoning of land in the City.
B. Amendment to Zone District map. If pursuant to the terns of this Title, amendments
are made to the boundaries of the official Zone District map, such amendments shall be entered
on the official Zone District map promptly after amendment.
City of Aspen Land Use Code
Part 700, General Purpose
Page 2
26.710.040 Medium -Density Residential (R-6).
A. Purpose. The purpose of the Medium -Density Residential (R-6) Zone District is to
provide areas for long-term residential purposes, Short-term Rentals, and customary accessory
uses. Recreational and institutional uses customarily found in proximity to residential uses are
included as conditional uses. Lands in the Medium -Density Residential (R-6) Zone District are
generally limited to the original Aspen Townsite, contain relatively dense settlements of
predominantly detached and duplex residences and are within walking distance of the center of
the City.
B. Permitted uses. The following uses are permitted as of right in the Medium -Density
Residential (R-6) Zone District:
1. Detached residential dwelling.
2. Duplex.
3. Two (2) detached residential dwellings.
4. Triplex or Fourplex, if 100% Deed -Restricted Affordable Housing.
5. Existing multi -family housing, if 100% Deed -Restricted Affordable Housing. Existing
multi -family housing that is not 100% Deed -Restricted Affordable Housing remains a
non -conforming use. New multi -family housing is not permitted, except for triplexes
and fourplexes as described in #4 above.
6. Home occupations.
7. Accessory buildings and uses.
8. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520.
9. Short-term Rentals. Pursuant to Section 26.530
C. Conditional uses. The following uses are permitted as conditional uses in the Medium -
Density Residential (R-6) Zone District, subject to the standards and procedures established in
Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Recreational uses.
4. Group home.
5. Child care center.
6. For historic landmark properties: bed and breakfast and boardinghouse.
City of Aspen Land Use Code
Part 700, R-6 zone
Page 1
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Medium -Density Residential (R-6) Zone District:
1. Minimum Grass Lot Area (square feet : six thousand (6,000) square feet. For lots
created by Section 26.480.060.B, Historic landmark lot split: Three thousand (3,000).
For properties that include or are proposed for 100% Deed -Restricted Affordable
Housing: three thousand (3,000).
2. Minimum Net Lot Area er dwellin unit s Ware feet):
a. Detached residential dwelling: 4,500. For Historic Landmark Properties: 3,000.
b. Duplex: 4,500. For Historic Landmark Properties: 3,000. For properties
subdivided as of April 28, 1975: 4,000. For properties annexed subsequent to
January 1, 1989: 3,750.
c. 100% Deed -Restricted Affordable Housing; triplex, fourplex: No requirement.
d. 100% Deed -Restricted Affordable Housing, existing multifamily: No requirement.
e. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width feet : Sixty (60). For lots created by Section 26.480.030.A.4,
Historic Landmark Lot Split: Thirty (30). For lots proposed for 100% deed restricted
affordable housing: Thirty: (30)
4. Minimum front yard feet : Principal buildings: 10. Accessory buildings: 15.
5. Minimum rear Yard (feet): Principal buildings: 10. For the portion of a principal
building used solely as a garage: 5. Accessory buildings: 5.
6. Minimum side ard:
City of Aspen Land Use Code
Part 700, R-6 zone
Page 2
Gross Lot Area
Minimum Size for
Total of Both Side Yards]square
(Square Feet)
Each Side Yard
0-4,500
5 feet
10 feet
4,500-6,000
5 feet
10 feet, plus 1 foot for each additionafeet
of Gross Lot Area, to a maximumtotal
side yard6,000-8,000
5 feet
15 feet, plus 1 foot for each additiona
feet of Gross Lot Area, to a maximum of 25 feet of
total side yard
8,000-10,000
10 feet
25 feet, plus 1 foot for each additional 200 square
feet of Gross Lot Area, to a maximum of 35 feet of
total side yard.
10,000+
15 feet
35 feet, plus 1 foot for each additional 400 square
feet of Gross Lot Area, to a maximum of 50 feet of
total side yard.
The following requirements shall apply on a lot annexed subsequent to January 1, 1989.
Minimum
Total of Both Side Yards*
Size for
Each Side
Yard
10 feet
20 feet
E5O
10 feet
20 feet, plus 1 foot for each additional 200
square feet of Gross Lot Area, to a maximum of
32.5 feet of total side yard
15 feet
32.5 feet, plus 1 foot for each additional 400
square feet of Gross Lot Area, to a maximum of
50 feet of total side yard
* Two detached residential dwellings located on one lot shall not be subject to the
combined side yard setback requirements, provided that the minimum setback between
the two detached dwellings on the lot shall be ten (10) feet.
For purposes of calculating the minimum side yard setback for lots within the Hallam
Lake Bluff environmentally sensitive area (ESA), the area below the top of slope shall be
subtracted from lot size.
7. Maximum site coverage:
City of Aspen Land Use Code
Part 700, R-6 zone
Page 3
L[:6 50%, minus 1% for each additional 300
square feet of Gross Lot Area, to a
maximum site covers e of 40%
0 40%, minus 1% for each additional 300
square feet of Gross Lot Area, to a
maximum site coverage of 30%
0 30%, minus 1%for each additional
1,200 square feet of Gross Lot Area, to a
maximum site covera e of 25 25%
8. Maximum height (feet): 25; Existing multi -family that is 100% Deed -Restricted
Affordable Housing is limited to its existing height, or 25 feet, whichever is greater.
9. Minimum distance between detached buildin s on the lot (feet): 5 feet.
10. Percent of o en space required for building site: No requirement.
11. Floor idnoftsoeo
aom
i. SiM le-Famil Du lex or Two Detached Dwellin s
Net Lot Area (Square Allowable Floor Area Allowable Floor Area
Feet) for Single -Family for Two Detached
Residence* Dwellings or One
Duplex*
0-3,000 80 square feet of floor 90 square feet of floor
area for each 100 square area for each 100 square
fee in Net Lot Area, up to feet in Net Lot Area, up
a maximum of 2,400 to a maximum of 2,700
square feet of floor area square feet of floor area
3,000-6,000 2,400 square feet of floor 2,700 square feet of floor
area, plus 28 square feet area, plus 30 square feet
of floor area for each of floor area for each
additional 100 square feet additional 100 square
in Net Lot Area, up to a feet in Net Lot Area, up
maximum of 3,240 square to a maximum of 3,600
feet of floor area square feet of floor area
6,000-9,000 3,240 square feet of floor 3,600 square feet of floor
area, plus 14 square feet area, plus 16 square feet
of floor area for each of floor area for each
additional 100 square feet additional 100 square
in Net Lot Area, up to a feet in Net Lot Area, up
maximum of 3,660 square to a maximum of 4,080
feet of floor area I square feet of floor area
City of Aspen Land Use Code
Part 700, R-6 zone
Page 4
Net Lot Area (Square
Allowable Floor Area
Allowable Floor Area
Feet)
for Single -Family
for Two Detached
Residence*
Dwellings or One
Duplex* _
9 000-15,000
43,660 square feet of floor
4,080 square feet of floor
area, plus 6 square feet of
area, plus 6 square feet of
floor area for each
floor area for each
additional 100 square feet
additional 100 square
in Net Lot Area, up to a
feet in Net Lot Area, up
maximum of 4,020 square
to a maximum of 4,440
feet of floor area
square feet of floor area
15,000-50,000
4,020 square feet of floor
4,440 square feet of floor
area, plus 5 square feet of
area, plus 5 square feet of
floor area for each
floor area for each
additional 100 square feet
additional 100 square
in Net Lot Area, up to a
feet in Net Lot Area, up
maximum of 5,770 square
to a maximum of 6,190
feet of floor area.
square feet of floor area_
50,000+
5,770 square feet of floor
6,190 square feet of floor
area, plus 2 square feet of
area, plus 3 square feet of
floor area for each
floor area for each
additional 100 square feet
additional 100 square
in Net Lot Area.
I feet in Net Lot Area
City of Aspen Land Use Code
Part 700, R-6 zone
Page 5
`Total external floor area for multiple detached residential dwellings on one (1) lot shall not
exceed the floor area allowed for one (1) duplex. Total external floor area for multiple
detached residential dwellings on a lot less than nine thousand (9,000) square feet listed on
the inventory of historic landmark sites and structures shall not exceed the floor area allowed
for one (1) detached residential dwelling.
i. Each City of Aspen Historic Transferable Development Right certificate
extinguished, pursuant to Section 26.535, Transferable Development Rights, shall
allow an additional two hundred and fifty (250) square feet of Floor Area. Each
residence on the parcel, excluding accessory dwelling units and carriage houses,
shall be eligible for one (1) floor area increase in exchange for the extinguishment
of one (1) historic TDR. Properties listed on the inventory of historic sites and
structures shall not be eligible for this Floor Area increase. Non -conforming uses
and structures shall not be eligible for this Floor Area increase. No more than one
(1) floor area increase shall be allowed per residence, with the following exceptions:
ii. Non -historic properties with a net lot area of 9,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
iii. Properties within the same subdivision or planned development as a sending site
may be specified as eligible for up to two (2) floor area increases per residence
pursuant to the subdivision or planned development approval. The properties to be
specified as eligible for up to two (2) floor area increases per residence shall be
located within the same subdivision or planned development so as to enhance
preservation of the historic resource, considering a recommendation from the
Historic Preservation Commission, shall not be located adjacent to the sending site
and shall be described and depicted in the subdivision or planned development
approvals granted by City Council. The total number of floor area increases
permitted within the subdivision or planned development shall not exceed an
aggregate total of one (1) per non -historic residence within the entire subdivision or
planned development.
b. 100% Deed -Restricted Affordable Housing; Triplex or Fourplex: Allowable Floor Area
shall be consistent with the Allowable Floor Area for a Duplex or Two Detached Dwellings
as indicated in the table in subsection I La, above.
c. 100% Deed -Restricted Affordable Housing; Existing Multifamily: May be expanded up
to a maximum of 0.75:1 FAR. Existing multifamily that is not 100% Deed -Restricted
Affordable Housing remains a non -conforming use and is limited to its existing floor area.
(Ord. No. 56-2000, §§ 1, 7 [part], 10; Ord. No. 25-2001, §§ 1, 5 [part]; Ord. No. 1-2002, § 20
[part]; Ord. No. 54-2003, § 6; Ord. No. 48-2004, § 1; Ord. No. 50-2005, § 1; Ord. No. 27-
2010, §4; Ord. No. 34-2011, §3; Ord. No. 33-2014, §2)
City of Aspen Land Use Code
Part 700, R-6 zone
Page 6
26.710.050 Moderate -Density Residential (R-15).
A. Purpose. The purpose of the Moderate -Density Residential (R-15) Zone District is to
provide areas for long-term residential purposes, Short-term Rentals, and customary accessory
uses. Recreational and institutional uses customarily found in proximity to residential uses are
included as conditional uses. Lands in the Moderate -Density Residential (R-15) Zone District
typically consist of additions to the Aspen Townsite and subdivisions on the periphery of the
City. Lands within the Townsite which border Aspen Mountain are also included in the
Moderate -Density Residential (R-15) Zone District.
B. Permitted uses. The following uses are permitted as of right in the Moderate -Density
Residential (R-15) Zone District.
1. Detached residential dwelling.
2. Duplex.
3. Two detached residential dwellings.
4. Triplex or Fourplex, if 100% Deed -Restricted Affordable Housing.
5. Existing multi -family housing, if 100% Deed -Restricted Affordable Housing. Existing
multi -family housing that is not 100% Deed -Restricted Affordable Housing remains a
non -conforming use. New multi -family housing is not permitted, except for triplexes
and fourplexes as described in #4 above.
6. Home occupations.
7. Accessory buildings and uses.
8. Accessory dwelling units and carriage houses meeting the provisions of section
26.520.040
9. Short-term Rentals. Pursuant to Section 26.530.
C. Conditional uses. The following uses are permitted as conditional uses in the
Moderate -Density Residential (R-15) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Agricultural uses.
4. Recreational uses.
5. Group home.
6. Child care center.
7. For historic landmark properties: bed and breakfast and boardinghouse.
City of Aspen Land Use Code
Part 700, R-15 zone
Page 1
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 s uare feet): fifteen thousand (15,000). For lots created by
Section 26.480.060.B, Historic landmark lot split: three thousand (3,000). For
properties that include or are proposed for 100% Deed -Restricted Affordable Housing:
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. 100% Deed -Restricted Affordable Housing; triplex, fourplex: No requirement.
d. 100% Deed -Restricted Affordable Housing; existing multifamily: No requirement.
e. 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). For lots proposed for 100%
Deed -Restricted Affordable Housing: Thirty: (30)
3. Minimum front yard setback (feet):
a.Residential dwellings: twenty-five (25).
b.Accessory buildings and all other buildings: thirty (30).
4. Minimum side yard setback (feel): Ten (10).
5. Minimum rear yard setback (feet):
a. Principal buildings: 10
b. Accessory buildings: 5
6. Maximum height feet ., Twenty-five (25).
7. Minimum distance between detached buildings on the lot (feet): Ten (10).
8. Percent of open sace required for.building site: No requirement.
9. External floor area ratio (applies to conforming and nonconforming lots of record]:
a. Single -Family. Duplex or Two Detached Dwellings:
City of Aspen Land Use Code
Part 700, R-15 zone
Page 2
Net Lot
Allowable Floor Area for
Allowable Floor Area for Two
Area
Single -Family Residence*
Detached Dwellings or One
(Square
Duplex*
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
to a maximum of 2,400 square feet
100 square feet in Net Lot Area, up to
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
28 square feet of floor area for each
2,700 square feet of floor area, plus
30 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 7
4,500 square feet of floor area, plus 7
15,000
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 6
4,920 square feet of floor area, plus 6
50,000
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 2
7,020 square feet of floor area, plus 3
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.
* Total external floor area for multiple detached residential dwellings on one (1) lot
shall not exceed the floor area allowed for one (1) duplex. Total external floor area for
multiple detached residential dwellings on a lot less than twenty thousand (20,000)
square feet listed on the inventory of historic landmark sites and structures shall not
exceed the floor area allowed for one (1) detached residential dwelling.
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two hundred
and fifty (250) square feet of floor area. Each residence on the parcel, excluding accessory
dwelling units and carriage houses, shall be eligible for one (1) floor area increase in
exchange for the extinguishment of one (1) historic TDR. Properties listed on the inventory
of historic sites and structures shall not be eligible for this floor area increase.
Nonconforming uses and structures shall not be eligible for this floor area increase. No
more than one (1) floor area increase shall be allowed per residence, with the following
exceptions:
City of Aspen Land Use Code
Part 700, R-15 zone
Page 3
i. Non -historic properties with a net lot area of 15,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
b. 100% Deed -Restricted Affordable Housing; Triplex or Fourplex: Allowable Floor Area
shall be consistent with the Allowable Floor Area for a Duplex or Two Detached Dwellings
as indicated in the table in subsection 9.a above.
c. 100% Deed -Restricted Affordable Housing; Existing Multifamily: May be expanded to
a maximum of 0.75:1 FAR. Existing multifamily that is not 100% Deed -Restricted
Affordable Housing remains a non -conforming use and is limited to its existing floor area.
(Ord. No. 56-2000, §§ 2, 7 [part]; Ord. No. 25-2001, §§ 2, 5 [part]; Ord. No. 1-2002, § 20
[part]; Ord. No. 54-2003, § 7; Ord. No. 50-2005, § 2; Ord. No. 27-2010, §4; Ord. No. 34-
2011, §4; Ord. No. 33-201.4, §3)
City of Aspen Land Use Code
Part 700, R-15 zone
Page 4
26,710.060 Moderate -Density Residential (R-15A).
A. Purpose. The purpose of the Moderate -Density Residential (R-15l , Zane District is
to provide areas for long-term residential purposes, Short-term Rentals, and customary
accessory uses. Recreational and institutional uses customarily found in proximity to
residential uses are included as conditional uses. Lands in the Moderate -Density Residential
(R-15A) Zone District are similarly situated to those in the Moderate -Density Residential (R-
15) Zone District and are lands annexed from Pitkin County from Zone Districts in which
duplexes are a prohibited use.
B. Permitted uses. The following uses are permitted as of right in the Moderate -Density
Residential (R-15A) Zone District:
1. Detached residential dwelling.
2. Duplex, provided fifty percent (50%) of the duplex units are restricted to affordable
housing.
3. Two (2) detached residential dwellings.
4. Triplex or Fourplex, if 100% Deed -Restricted Affordable Housing.
5. Existing multi -family housing, if 100% Deed -Restricted Affordable Housing. Existing
multi -family housing that is not 100% Deed -Restricted Affordable Housing remains a
non -conforming use. New multi -family housing is not permitted, except for triplexes
and fourplexes as described in #4 above.
6. Home occupations.
7. Accessory buildings and uses.
8. Accessory dwelling units and carriage houses meeting the provisions of section 26.520.
9. Short-term Rentals. Pursuant to Section 26.530
C. Conditional uses. The following uses are permitted as conditional uses in the
Moderate -Density Residential (R-15A) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Agricultural uses.
4. Recreational uses.
5. Group home.
6. Child care center.
7. For historic landmark properties: bed and breakfast and boardinghouse.
City of Aspen Land Use Code
Part 700, R-15A zone
Page 1
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate -Density Residential (R-15A) Zone District:
1. Minimum Gross Lot Area s uaxe feet): fifteen thousand (15,000). For lots created by
Subsection 26.480.060.81) Historic landmark lot split: three thousand (3,000). For
properties that include or are proposed for 100% Deed -Restricted Affordable Housing:
three thousand (3,000).
2. Minielling unit (square feet :
a.Detached residential dwelling: 15,000. For historic landmark properties: three
thousand (3,000).
b.Duplex: 7,500. For historic landmark properties: 3,000.
c. 100% Deed -Restricted Affordable Housing; triplex, fourplex: No requirement.
d.100% Deed -Restricted Affordable Housing; existing multifamily: No requirement.
e. Bed and breakfast, boardinghouse: No requirement.
4. Minimum lot width feet : seventy-five (75) feet. For lots created by Subsection
26.480.030.A.4, Historic landmark lot split: thirty (30). For lots proposed for 100%
Deed -Restricted Affordable Housing: Thirty: (30)
3. A miniinurn front yard setback (feel :
a. Residential dwelling: twenty-five (25).
b. Accessory buildings and all other buildings: thirty (30).
5. Minimum side yard setback Lfeell, 10.
6. Minimum rear and setback (feet):
a. Residential dwellings: ten (10).
b. Accessory buildings and all other buildings: five (5).
7. Maximum height (feet)_ twenty-five (25).
8. Minimum distance between principal and acc -ssoa buildings feet)- ten (10).
9. Percent of o ens ace re wired for building site: No requirement.
10. Floor area ratio a lies to conformin and nonconforming lots of record):
a. Single -Family, Duplex or Two Detached Dwellings
City of Aspen Land Use Code
Part 700, R-15A zone
Page 2
t
Allowable Floor Area for
Allowable Floor Area for Two
Single -Family Residence*
Detached Dwellings or One
e
F
Duplex*
0-3,000
80 square feet of floor area for
90 square feet of floor area for
each 100 square feet in Net Lot
each 100 square feet in Net Lot
Area, up to a maximum of 2,400
Area, up to a maximum of 2,700
scluare feet of floor area
square feet of floor area
3,000—
2,400 square feet of floor area,
2,700 square feet of floor area,
9,000
plus 28 square feet of floor area
plus 30 square feet of floor area
for each additional 100 square
for each additional 100 square
feet in Net Lot Area, up to a
feet in Net Lot Area, up to a
maximum of 4,080 square feet
maximum of 4,500 square feet of
of floor area
floor area
9,000—
4,080 square feet of floor area,
4,500 square feet of floor area,
15,000
plus 7 square feet of floor area
plus 7 square feet of floor area
for each additional 100 square
for each additional 100 square
feet in Net Lot Area, up to a
feet in Net Lot Area, up to a
maximum of 4,500 square feet
maximum of 4,920 square feet of
of floor area
floor area
15,000—
4,500 square feet of floor area,
4,920 square feet of floor area,
50,000
plus 6 square feet of floor area
plus 6 square feet of floor area
for each additional 100 square
for each additional 100 square
feet in Net Lot Area, up to a
feet in Net Lot Area, up to a
maximum of 6,600 square feet
maximum of 7,020 square feet of
of floor area
floor area
50,000+
6,600 square feet of floor area,
7,020 square feet of floor area,
plus 2 square feet of floor area
plus 3 square feet of floor area
for each additional 100 square
for each additional 100 square
feet in Net Lot Area.
feet in Net Lot Area.
* Total external floor area for multiple detached residential dwellings on one (1) lot shall
not exceed the floor area allowed for one (1) duplex. Total external floor area for multiple
detached residential dwellings on a lot less than twenty thousand (20,000) square feet listed
on the inventory of historic landmark sites and structures shall not exceed the floor area
allowed for one (1) detached residential dwelling.
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two hundred and
fifty (250) square feet of floor area. Each residence on the parcel, excluding accessory
dwelling units and carriage houses, shall be eligible for one (1) floor area increase in
exchange for the extinguishment of one (1) historic TDR. Properties listed on the inventory
of historic sites and structures shall not be eligible for this floor area increase.
Nonconforming uses and structures shall not be eligible for this floor area increase. No
City of Aspen Land Use Code
Part 700, R-15A zone
Page 3
more than one (1) floor area increase shall be allowed per residence, with the following
exceptions:
i. Non -historic properties with a net lot area of 15,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
b. 100% Deed -Restricted Affordable Housing; Triplex or Fourplex: Allowable Floor Area
shall he consistent with the Allowable Floor Area for a Duplex or Two Detached Dwellings
as indicated in the table in subsection 10.a above.
c. 100% Deed -Restricted Affordable Housing; Existing Multifamily: May be expanded to
a maximum of 0.75:1 FAR. Existing multifamily that is not 100% Deed -Restricted
Affordable Housing remains a non -conforming use and is limited to its existing floor area.
(Ord. No. 56-2000, § 7 [part]; Ord. No. 25-2001, § 5 [part]; Ord. No. 1-2002, § 20 [part];
Ord. No. 54-2003, § 8; Ord. No. 50-2005, § 3; Ord. No. 27-2010, §4; Ord. No. 34-2011,
§5; Ord. No. 33-2014, §4)
City of Aspen Land Use Code
Part 700, R-15A zone
Page 4
26.710.070 Moderate -Density Residential (R-15B).
A. Purpose. The purpose of the Moderate -Density Residential (R-15B) Zone District is to
provide areas for long-term residential purposes, Short-term Rentals, and customary accessory
uses. Lands in the Moderate -Density Residential (R-15B) Zone District are similarly situated
to those in the Moderate -Density Residential (R-15) and (R-15A) Zone Districts, but are those
in which single-family structures are a permitted use and duplexes are prohibited.
B. Permitted uses.. The following uses are permitted as of right in the Moderate -Density
Residential (R-15B) Zone District:
1. Detached residential dwelling.
2. Home occupations.
3. Accessory buildings and uses.
4. Short-term Rentals. Pursuant to Section 26.530.
C. Conditional uses. The following uses are permitted as conditional uses in the
Moderate -Density Residential (R-15B) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Agricultural uses.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate -Density Residential (R-15B) Zone District:
1. Minimum Gross Lot Area square feet)* fifteen thousand (15,000).
2. Minimum Net Lot Area er dwellin unit s uare feet . fifteen thousand (15,000).
3. Minimum lot width feet : seventy-five (75).
4. Minimum front yard setback feet : thirty (30). For properties located between
Eastwood Drive and Highway 82 (Lots 6-19, Eastwood Subdivision) and properties
located on the northwest portion of Skimming Lane (Lots 8-11, Block 1, Aspen Grove
subdivision): ten (10).
5. Minimum side yard setback (feet). five (5).
6. Minimum rear and setback feet :
a. Residential dwellings: ten (10)
b. Accessory buildings and all other buildings: five (5).
For properties located between Eastwood Drive and Highway 82 (Lots 6-19, Eastwood
Subdivision) and properties located on the northwest portion of Skimming Lane (Lots
8-11, Block 1, Aspen Grove subdivision): thirty (30).
7. Maximum height feet : twenty-five (25).
8. Minimum distance between rinci at and accesso buildings: No requirement.
City of Aspen Land Use Code
Part 700, R-15B zone
Page 1
9. Percent of o en s ace re aired for building site. No requirement.
10. Floor area ratio a lies to conformin and nonconforming lots of record):
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two hundred
and fifty (250) square feet of floor area. Each residence on the parcel, excluding accessory
dwelling units and carriage houses, shall be eligible for one (1) floor area increase in
exchange for the extinguishment of one (1) historic TDR. No more than one (1) floor area
increase shall be allowed per residence. Properties listed on the inventory of historic sites
and structures shall not be eligible for this floor area increase. Nonconforming uses and
structures shall not be eligible for this floor area increase.
(Ord. No. 56-20M § 7 (part]; Ord. No. 25-2001, § 5 [part]; Ord. No. 54-2003, § 9; Ord. 51-
2005, § 1; Ord. No. 27-2010, §4; Ord. No. 34-2011, §6)
City of Aspen Land Use Code
Part 700, R-15B zone
Page 2
26.710.080 Low -Density Residential (R-30).
A. Purpose. The purpose of the Low -Density Residential (R-30) Zone District is to
provide areas for longterm residential purposes, Short-term Rentals, and customary accessory
uses. Recreational and institutional uses customarily found in proximity to residential uses are
included as conditional uses. Lands in the Low -Density Residential (R-30) Zone District are
typically located along river frontages in outlying areas of the City.
B. Permitted uses. The following uses are permitted as of right in the Low -Density
Residential (R-30) Zone District:
1. Detached residential dwelling.
2. Duplex.
3. Triplex or Fourplex, if 100% Deed -Restricted Affordable Housing.
4. Existing multi -family housing, if 100% Deed -Restricted Affordable Housing.
Existing multi -family housing that is not 100% Deed -Restricted Affordable Housing
remains a non -conforming use. New multi -family housing is not permitted, except for
triplexes and fourplexes as described in #4 above.
5. Home occupations.
6. Accessory buildings and uses.
7. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520.
8. Short-term Rentals. Pursuant to Section 26.530
C. Conditional uses. The following uses are permitted as conditional uses in the Low -
Density Residential (R-30) Zone District, subject to the standards and procedures established
in Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Agricultural uses.
4. Recreational uses.
5. Group home.
6. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Low -Density Residential (R-30) Zone District:
1. Minimum Gross Lot Area s uare feet. thirty thousand (30,000).
2. Minimum Net Lot Area er dwellin unit (square feet)-.'
a. Detached residential dwelling: thirty thousand (30,000).
City of Aspen Land Use Code
Part 700, R-30 zone
Page 1
b. Duplex: fifteen thousand (15,000).
c. 100% Deed -Restricted Affordable Housing; triplex, fourplex: No requirement.
d. 100% Deed -Restricted Affordable Housing; existing multifamily: No requirement.
3. Minimum lot width feet . one hundred (100). For lots proposed for 100% Deed -
Restricted Affordable Housing: Thirty: (30)
4. Minimum front vard setback (feet):
a. Residential dwellings: twenty-five (25).
b. Accessory buildings and all other buildings: thirty (30).
5. Minimum side and setback feet). ten (10).
6. Minimum rear yard setback feet
a. Residential dwellings: fifteen (15).
b. Accessory buildings: five (5).
c. All other buildings: thirty (30).
7. Maximum hei ht feet . twenty-five (25).
8. Minimum distance between principal and accessory buildings feet). ten (10).
9. Percent of open sace required for building site: No requirement.
10. Floor area ratio (applies to conforming and nonconforming_ lots of record
a. Single -Family and Duplex
City of Aspen Land Use Code
Part 700, R-30 zone
Page 2
Net Lot Area
Allowable Floor Area for
(Square
Single -Family Residence
Allowable Floor Area for
Feet)
Duplex
0-3,000
80 square feet of floor area for
90 square feet of floor area for
each 100 square feet in Net Lot
each 100 square feet in Net Lot
Area, up to a maximum of 2,400
Area, up to a maximum of 2,700
square feet of floor area
square feet of floor area
3,000-9,000
2,400 square feet of floor area,
2,700 square feet of floor area,
plus 28 square feet of floor area
plus 30 square feet of floor area
for each additional 100 square
for each additional 100 square
feet in Net Lot Area, up to a
feet in Net Lot Area, up to a
maximum of 4,080 square feet
maximum of 4,500 square feet
of floor area
of floor area
9,000—
4,080 square feet of floor area,
4,500 square feet of floor area,
15,000
plus 7 square feet of floor area
plus 7 square feet of floor area
for each additional 100 square
for each additional 100 square
feet in Net Lot Area, up to a
feet in Net Lot Area, up to a
maximum of 4,500 square feet
maximum of 4,920 square feet
of floor area
of floor area
15,000—
4,500 square feet of floor area,
4,920 square feet of floor area,
50,000
plus 6 square feet of floor area
plus 6 square feet of floor area
for each additional 100 square
for each additional 100 square
feet in Net Lot Area, up to a
feet in Net Lot Area, up to a
maximum of 6,600 square feet
maximum of 7,020 square feet
of floor area
of floor area
50,000+
6,600 square feet of floor area,
7,020 square feet of floor area,
plus 2 square feet of floor area
plus 3 square feet of floor area
for each additional 100 square
for each additional 100 square
feet in Net Lot Area
feet in Net Lot Area �._ i
Each City historic transferable development right certificate extinguished, pursuant to
Chapter 26.535, Transferable development rights, shall allow an additional two
hundred and fifty (250) square feet of floor area. Each residence on the parcel,
excluding accessory dwelling units and carriage houses, shall be eligible for one (1)
floor area increase in exchange for the extinguishment of one (1) historic TDR.
Properties listed on the Inventory of Historic Landmark Sites and Structures shall not
be eligible for this floor area increase. Nonconforming uses and structures shall not be
eligible for this floor area increase. No more than one (1) floor area increase shall be
allowed per residence, with the following exceptions:
i. Non -historic properties with a net lot area of 30,000 sf or larger that contain only
a single family residence are eligible to extinguish up to two (2) historic TDRs.
City of Aspen Land Use Code
Part 700, R-30 zone
Page 3
b. 100% Deed -Restricted Affordable Housing; Triplex or Fourplex: Allowable Floor
Area shall be consistent with the Allowable Floor Area for a Duplex or Two Detached
Dwellings as indicated in the table in subsection 10.a above.
c. 100% Deed -Restricted Affordable Housing; Existing Multifamily: 0.75:1 FAR.
Existing multifamily that is not 100% Deed -Restricted Affordable Housing remains a
non -conforming use and is limited to its existing floor area.
(Ord. No. 56-2000, §7 [part]; Ord. No. 25-2001, §5 [part]; Ord. No. 54-2003, §10; Ord. No.
27-2010, §4; Ord. No.34-2011, §7; Ord. No.33-2014, §5)
City of Aspen Land Use Code
Part 700, R-30 zone
Page 4
26.710.090 Residential Multi -Family (RMF).
A. Purpose. The purpose of the Residential Multi -Family (RMF) Zone District is to
provide for the use of land for intensive long-term residential purposes, Short-term Rentals, and
customary accessory uses. Recreational and institutional uses customarily found in proximity
to residential uses are included as conditional uses. Lands in the Residential Multi -Family
(RMF) Zone District are typically those found in the Aspen infill area, within walking distance
of the center of the City or lands on transit routes and other lands with existing concentrations
of attached residential dwellings and mixed attached and detached residential dwellings.
B. Permitted uses. The following uses are permitted as of right in the Residential Multi -
Family (RMF) Zone District:
1. Detached residential dwelling.
2. Two (2) detached residential dwellings.
3. Duplex dwelling.
4. Multi -family dwellings.
5. Home occupations.
6. Accessory buildings and uses.
7. Dormitory.
8. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520.
9. For historic landmark properties: bed and breakfast.
10. Short-term Rentals. Pursuant to Section 26.530
C. Conditional uses. The following uses are permitted as conditional uses in the
Residential Multi -Family (RMF) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Recreational uses.
4. Group home.
5. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Residential Multi -Family (RMF) Zone District:
1. Minimum Gross Lot Area s uare feet : six thousand (6,000). For lots created by
Paragraph 26.480.030.A.4, Historic landmark lot split: three thousand (3,000). For
City of Aspen Land Use Code
Part 700, RMF zone
Page 1
properties that include or are proposed for 100% Deed -Restricted Affordable Housing:
three thousand (3,000).
2. Minimum Net Lot Area per dwellin units uare feet
a. Detached residential dwelling: four thousand five hundred (4,500). For historic
landmark properties: three thousand (3,000).
b. Duplex dwelling unit: four thousand five hundred (4,500). For historic landmark
properties: three thousand (3,000).
c. Multi family dwellings: No requirement.
d. Bed and breakfast: No requirement.
3. Minimum lot width feet : sixty � scontaini g or proposed for100%ODeed?
Historic landmark lot split: thirty (30 )
For lot
Restricted Affordable Housing: Thirty: (30)
4. Minimum front and setback feet :
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi family: five (5).
5. Minimum side and setback feet :
a. Detached residential and duplex dwellings: same as R-6 Zone District.
b. Multi family: five (5).
6. Minimum rear and setback feet
a. Detached residential and duplex dwellings: same as R-6 Zone District.
b. Multi family: five (5).
7. Maximum hei ht Laccording to densi feet .
a. Detached residential and duplex dwellings: same as R-6 Zone District.
b. Multi family — parcel density less than one (1) unit per one thousand five hundred
(1,500) square feet of Gross Lot Area: twenty-five (25).
c. Multi family — parcel density equal to or greater than one (1) unit per one thousand
five hundred (1,500) square feet of Gross Lot Area: thirty-two (32).
8. Minimum distance between buildingson the lot feet :
a. Detached residential and duplex dwellings: same as R-6 Zone District.
b. Multi family: No requirement. (Building and Fire Codes may apply.)
9. Public ameni s ace: Pursuant to Section 26.575.030.
10. Floor area ratio FAR. This Paragraph applies to each type of use according to density
and applies to conforming and nonconforming lots of record:
City of Aspen Land Use Code
Part 700, RMF zone
Page 2
a. Existing detached residential and duplex dwellings: one hundred percent (100%) of the
allowable floor area of an equivalent -sized lot located in the R-6 Zone District. (See
Section 26.710.040, R-6 Zone District.) City historic transferable development rights
shall not permit additional floor area for detached residential and duplex dwellings.
b. New or replacement after demolition detached residential and duplex dwellings: eighty
percent (80%) of the allowable floor area of an equivalent -sized lot located in the R-6
Zone District. (See Section 26.710.040, R-6 Zone District.) City historic transferable
development rights shall not permit additional floor area for detached residential and
duplex dwellings.
c. Multi family — parcel density of less than one (1) unit per one thousand five hundred
(1,500) square feet of Gross Lot Area: 0.75:1.
d. Multi family — parcel density equal to or greater than one (1) unit per one thousand five
hundred (1,500) square feet of Gross Lot Area: 1.25:1.
e. Multi family — parcel density equal to or greater than one (1) unit per seven hundred
fifty (750) square feet of Gross Lot Area: 1.5:1.
11. Maximum multi-famil unit size s uare feet): For properties in the Aspen infill area,
two thousand (2,000) square feet of net livable area. For properties outside the Aspen
infill area, two thousand five hundred (2,500) square feet of net livable area.
a. The property owner may increase individual multi -family unit size by extinguishing
historic transferable development right certificates ("certificate" or "certificates"),
subject to the following:
1) The transfer ratio is five hundred (500) square feet of net livable area for each
certificate that is purchased.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is two thousand five hundred (2,500) square feet of net
livable area for properties within the Aspen infill area and three thousand (3,000)
square feet of net livable area for properties outside the Aspen infill area (i.e.,
no more than five hundred [500] additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the floor area ratio (FAR) of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certifzcates.
(Ord. No. 56-2000, §7 [part]; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20 [part]; Ord.
No. 29-2002, § 1; Ord. No. 27-2004, § 1; Ord. No. 50-2005, § 10; Ord. No. 9, 2007, § 1; Ord. No.
27-2010, §4; Ord. No. 34-2011, §8)
City of Aspen Land Use Code
Part 700, RMF zone
Page 3
26.710.100 Residential Multi -Family -A (RMFA).
A. Purpose. The purpose of the Residential Multi -Family -A (RMFA) Zone District is to
provide for the use of land for intensive long-term residential purposes, Short-term Rentals,
and customary accessory uses. Recreational and institutional uses customarily found in
proximity to residential uses are included as conditional uses. Lands in the Residential Multi -
Family -A (RMFA) Zone District are typically those found in the Aspen infill area, within
walking distance of the center of the City or lands on transit routes and other lands with
existing concentrations of attached residential dwellings and mixed attached and detached
residential dwellings.
B. Permitted uses. The following uses are permitted as of right in the Residential Multi -
Family -A (RMFA) Zone District:
1. Detached residential dwelling.
2. Two (2) detached residential dwellings.
3. Duplex dwelling.
4. Multi -family dwellings.
5. Home occupations.
6. Accessory buildings and uses.
7. Dormitory.
8. Accessory dwelling units and carriage houses meeting the provisions of Chapter
26.520.
9. For historic landmark properties: bed and breakfast.
10. Short-term Rentals. Pursuant to Section 26.530
C. Conditional uses. The following uses are permitted as conditional uses in the
Residential Multi -Family -A (RMFA) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Recreational uses.
4. Group home.
5. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Residential Multi -Family -A (RMFA) Zone District:
City of Aspen Land Use Code
Part 700, RMFA zone
Page 1
1. Minimum Gross Lot Area square feeh six thousand (6,000). For historic landmark
properties: three thousand (3,000). For properties that include or are proposed for 100%
Deed -Restricted Affordable Housing: three thousand (3,000).
1. Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwelling: 4,500. For historic landmark properties: 3,000.
b. Duplex dwelling unit: 4,500. For historic landmark properties: 3,000.
c. Multi family dwellings: No requirement.
d. Bed and breakfast: No requirement.
3. Minimum lot width (feet' : sixty (60). For historic landmark properties: thirty (30). For
lots containing or proposed for 100% Deed -Restricted Affordable Housing: Thirty: (30)
3. Minimum front yard setback Met :
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi family: 5.
4. Minimum side yard setback (feed
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi family: 5.
5. Minimum rear yard setback feet
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi family: 5.
6. Maximum height according to density) (feet):
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi family — parcel density less than one (1) unit per 1,500 square feet of Gross
Lot Area: 25.
c. Multi family — parcel density equal to or greater than one (1) unit per 1,500 square
feet of Gross Lot Area: 32.
7. Minimum distance between buildings on the Lot feet :
a. Detached residential and duplex dwellings: Same as R-6 Zone District.
b. Multi family: No requirement. (Building and Fire Codes may apply).
8. Public amenity space: Pursuant to Section 26.575.030.
9. Floor area ratio FAR . This Paragraph applies to each type of use according to
density and applies to conforming and nonconforming lots of record:
a. Existing detached residential and duplex dwellings: One hundred percent (100%)
of the allowable floor area of an equivalent -sized lot located in the R-6 Zone
City of Aspen Land Use Code
Part 700, RMFA zone
Page 2
District. (See Section 26.710.040, R-6 Zone District.) City historic transferable
development rights shall not permit additional floor area for detached residential
and duplex dwellings.
b. New or replacement after demolition detached residential and duplex dwellings:
Eighty percent (80%) of the allowable floor area of an equivalent -sized lot located
in the R-6 Zone District. (See Section 26.710.040, R-6 Zone District.) City
historic transferable development rights shall not permit additional floor area for
detached residential and duplex dwellings.
c. Multi family — parcel density of less than one (1) unit per one thousand five
hundred (1,500) square feet of Gross Lot Area: 0.75:1.
d. Multi family -- parcel density equal to or greater than one (1) unit per one thousand
five hundred (1,500) square feet of Gross Lot Area: 1.25:1.
e. Multi family — parcel density equal to or greater than one (1) unit per seven
hundred fifty (750) square feet of Gross Lot Area: 1.5:1.
10. Maximurnmulti-family unit size s uare feet : For properties in the Aspen infill area,
two thousand (2,000) square feet of net livable area. For properties outside the Aspen
infill area, two thousand five hundred (2,500) square feet of net livable area.
a. The property owner may increase individual multi -family unit size by
extinguishing historic transferable development right certificates ("certificate" or
"certificates"), subject to the following:
1) The transfer ratio is 500 square feet of net livable area for each certificate that
is purchased.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 square feet of net livable area for properties within
the Aspen infill area and 3,000 square feet of net livable area for properties
outside the Aspen infill area (i.e., no more than five hundred [5001 additional
square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the floor area ratio (FAR) of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates.
(Ord. No. 56-2000, §7 [part]; Ord. No. 25-2001, §5 [part]; Ord No. 27-2004, §2; Ord. No. 9,
2007, §2; Ord. No. 27-2010, §4; Ord. No. 34-2011, §9)
City of Aspen Land Use Code
Part 700, RMFA zone
Page 3
26.710.110 Affordable HousinglPlanned Development (AH/PD).
A. Purpose. The purpose of the Affordable Housing/Planned Development (AH1PD)
Zone District is to provide for the use of land for the production of category affordable
housing and resident occupied lots and units. The Zone District also permits a limited
component of free market lots/units to offset the cost of developing affordable housing. It is
contemplated that land may also be subdivided in connection with a development plan. The
AH/PD Zone District is intended for residential use primarily by permanent residents of the
community and in some instances allows for Short-term Rentals. Recreational and
institutional uses customarily found in proximity to residential uses are included as
conditional uses. Lands in the AH/PD Zone District should be scattered throughout the City
to ensure a mix of housing types, including those which are affordable by its working
residents; at the same time the AH/PD Zone District can protect the City's neighborhoods
from rezoning pressures that other non -community -oriented Zone Districts may produce.
Further, lands in the AH/PD Zone District should he located within walking distance of the
center of the City or on transit routes.
B. Permitted uses. The following uses are permitted as of right in the AH/PD Zone
District:
Residential uses restricted to category affordable housing guidelines and resident
occupied units which comply with the following requirements:
a. Minimum bedroom mix. A minimum of seventy percent (70%) of the project's
total bedrooms shall be deed restricted affordable housing consistent with the
Affordable Housing Guidelines. The mix between categories of housing shall be
consistent with the Affordable Housing Guidelines. The remaining bedrooms that
are not deed restricted to affordable housing may be free market residential units.
b. Permissible reduction in bedroom mix for exemplary projects. A project may be
eligible for a reduction of the minimum affordable housing bedroom mix
requirement to a level of sixty percent (60%) of the project's total bedrooms if the
applicant can demonstrate to the satisfaction of the City Council that the project
meets the requirements for an exceptional project as set forth in the Affordable
Housing Guidelines.
2. Home occupations.
3. Accessory buildings and uses.
4. Accessory dwelling units meeting the provisions of Chapter 26.520.
5. Short-term Rentals. Pursuant to Section 26.530
C. Conditional uses. The followings uses are pennitted as conditional uses in the
Affordable Housing (AH) Zone District, subject to the standards and procedures established
in Chapter 26.425:
1. Park and open use recreation site.
2. Child care center.
City of Aspen Land Use Code
Part 700, AH/PD zone
Page 1
3. Satellite dish antennae.
4. Dormitory.
5. Transit facilities.
D. Dimensional requirements. The following dimensional requirements shall be
established by adoption of a Final PD Development Plan and shall apply to all permitted and
conditional uses in the Planned Development:
1. Minimum Gross Lot Area.
2. Minimum Net Lot Area r dwellin unit.
3. Maximum allowable densi1y.
4. Minimum lot width.
6. Minimum front yard.
7. Minimum side yard.
8. Minimum rear ard.
9. Maximum _site
10. Maximum height includin view lanes .
11. Minimum distance between buildin s on the lot.
12. Minimum ercent o ens ace re uired for the buildin site.
13. Trash access area.
14. Allowable floor area.
15. Minimum off-street arkin s aces.
16. Other dimensions determined necess to establish through the PD process.
Note #1: The maximum allowable density permitted in this zone shall be established by
adoption of a Final PD Development Plan by using the following table applied to the
proposed fathering parcel as a guide:
City of Aspen Land Use Code
Part 700, AH/PD zone
Page 2
Minimum Net Lot Area* Per Dwelling
Unit Type
Unit (Square Feet)
Dormitory
300
Studio
400
One Bedroom
500
Two Bedroom
1000
Three Bedroom
1500
3+ Bedrooms
500 Bedroom
Note #2: The allowable floor area permitted in this zone shall be established by adoption
of a Final PD Development Plan by using the following table applied to the proposed
fathering parcel as a guide:
Allowable Floor
Fathering Parcel Net Lot Area* Area Ratio
0-15,000 square feet 1.1:1
15,001-25,000 square feet 1:1
25,001-43,560 square feet •8:1
>1 acre-3 acres .6:1
>3 acres-6 acres .36:1
>6 acres 3:1
* Net Lot Area as detined in the Lana use t.,oue.
(Ord. No. 27-2010, §4; Ord. No. 34-2011, §10)
City of Aspen Land Use Code
Part 700, AH/PD zone
Page 3
26.710.120 High Density Residential (R-3).
A. Purpose. The purpose of the High Density Residential (R-3) Zone District is to provide
for the use of land to locate manufactured housing for intensive long-term residential purposes,
Short-term Rentals, and customary accessory uses and less intensive office uses. Recreational
and institutional uses customarily found in proximity to residential uses are included as
conditional uses. The High Density Residential (R-3) Zone District shall be located in areas
where the effect on surrounding property shall be minimized, where the health, safety and
general welfare of the High Density Residential (R-3) Zone District residents and others will
be protected and where the topography is suitable for the permitted uses and conditional uses
allowed in the High Density Residential (R-3) Zone District.
B. Permitted uses. The following uses are permitted as of right in the High Density
Residential (R-3) Zone District:
1. Mobile home park.
2. Home occupations.
3. Accessory buildings and uses.
4. Accessory dwelling units meeting the provisions of Chapter 26.520.
5. Short-term Rentals. Pursuant to Section 26.530.
C. Conditional uses. The following uses are permitted as conditional uses in the High
Density Residential (R-3) Zone District, subject to the standards and procedures established in
Chapter 26.425:
1. Park and open use recreation site.
2. Public and private academic school.
3. Church.
4. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the High Density Residential (R-3) Zone District:
1. Minimum Gross Lot Area: three thousand (3,000) square feet.
2. Minimum Net Lot Area er dwellin unit: three thousand (3,000) square feet.
3. Minimum lot width: forty (40) feet.
4. Minimum front yard setback: five (5) feet (excluding hitch on mobile home).
5. Minimum side and setback: five (5) feet.
6. Minimum rear yard setback: five (5) feet.
7. Maximum hei ht:
City of Aspen Land Use Code
Part 700, R-3 zone
Page 1
Administrative service buildings: twenty-five (25) feet.
All other structures: fifteen (15) feet.
8. Minimum distance between principal and accessory building five (5) feet.
9. Percent of open sace re uired for building site: No requirement.
10. External floor area ratio: No requirement.
(Ord. No. 56-2000, § 7 [part]; Ord. No. 39-2001, § 1; Ord. No. 27-2010, §4; Ord. No.34-
2011, §11)
City of Aspen Land Use Code
Part 700, R-3 zone
Page 2
26.710.130 Rural Residential (RR).
A. Purpose. Purpose. The purpose of the Rural Residential (RR) Zone District is to
allow utilization of land for low density, long-term residential and Short-term Rentals
purposes with the recreational, institutional, public and other compatible uses customarily
round in proximity to those uses allowed as permitted uses or conditional uses.
B. Permitted uses. The following uses are permitted as of right in the Rural Residential
(RR) Zone District:
1. Detached residential dwelling.
2. Farm building and use, provided that all such buildings and storage areas are located at
least one hundred (100) feet from pre-existing dwellings on other lots.
3. Nursery.
4. Greenhouse.
5. Home occupations.
6. Accessory buildings and uses.
7. Accessory dwelling units meeting the provisions of Section 26.520.040.
8. Short-term Rentals. Pursuant to Section 26.530
C. Conditional uses. The following uses are permitted as conditional uses in the Rural
Residential (RR) Zone District, subject to the standards and procedures established in Chapter
26.425:
1. Public building.
2. Public and private academic school.
3. Church.
4. Radio tower.
5. Recreation club.
6. Child care center.
7. Park and open use recreation site including ski runs, ski lifts and other skiing facilities
and structures.
8. Sewage disposal.
9. Water storage and reservoir.
10. Electric substation or gas regulator station (not including building for offices, repair or
storage).
11. Veterinary clinic.
City of Aspen Land Use Code
Part 700, RR zone
Page 1
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Rural Residential (RR) Zone District:
1. Minimum Gross Lot Area: two (2) acres.
2. Minimum Net Lot Area er dwelling unit: two (2) acres.
3. Minimum lot width: two hundred (200) feet.
4. Minimum front and setback: thirty (30) feet.
5. Minimum side and setback: twenty (20) feet.
6. Minimum rear yard setback: twenty (20) feet.
7. Maximum height- twenty-eight (28) feet.
8. Minimum distance between rinci al and accesso buildings: No requirement.
9. Percent of o ens ace re uired for building site: No requirement.
10. External floor area ratio Applies to :onforming and nonconforming lots of record):
same as R-15 Zone District.
(Ord. No. 56-2000, § 3; Ord. No. 25-2001, § 3; Ord. No. 27-2010, §4; Ord. No. 34-2011, §12)
City of Aspen Land Use Code
Part 700, RR zone
Page 2
26.710.140 Commercial Core (CC).
A. Purpose. The Commercial Core (CC) serves as the highest intensity commercial area,
fulfilling the policies of the Aspen Area Community Plan geared towards a strong and
sustainable local and visitor economy, a diversity of commercial opportunities and the
maintenance of Aspen's historic character. The CC zone provides for the use of land for retail,
service, commercial, and institutional purposes within mixed -use buildings oriented to local
and tourist populations. The balance of uses is designed to enhance the business and
commercial character in the historic core of the City and provide commercial opportunities
proximate to multi -modal transit infrastructure. This mix of uses creates economic, cultural
and social vitality,
B. Permitted uses. The following uses are permitted by right in the Commercial Core
(CC) Zone District:
1. Uses allowed on basement floors: General retail, specialty retail, restaurant, bar and
entertainment uses, office uses, and building elements necessary and incidental to uses
on other floors. Lodging uses, only when the entire building is dedicated to lodging and
associated commercial use.
2. Uses allowed vn the round floor: General retail, specialty retail, restaurant, bar and
entertainment uses, and uses and building elements necessary and incidental to uses on
other floors. Lodging uses, only when the entire building is dedicated to lodging and
associated commercial use. Office uses are prohibited on the ground floor except within
spaces set back a minimum of forty (40) feet from the front property line and recessed
behind the front -most street -facing fagade. This prohibition shall not apply to split-level
buildings (see definition) or properties north of Main Street. Parking shall not be
allowed as the sole use of the ground floor. Automobile drive -through service is
prohibited.
3. llses allowed on u er floors: General retail, specialty retail, restaurant, bar and
entertainment uses, office uses, lodging, and affordable multi -family housing.
4. Uses allowed on all floors: General retail, specialty retail, restaurant, bar and
entertainment uses, arts, cultural, civic and community uses, public uses, academic uses,
service uses, accessory uses and structures, storage accessory to a permitted use, and
uses and building elements necessary and incidental to uses on other floors, including
parking accessory to a permitted use.
5. Free -Market Residential Units: No new Free -Market Residential Units may be
established. Free -Market Residential units are permitted on any level if they were
legally established (having received a Certificate of Occupancy, Development Order, or
applied for a Development Order) prior to Ordinance 25 (Series of 2012).
6. Affordable Housin Units: Affordable housing is permitted by right on upper floors.
City of Aspen Land Use Code
Part 700, CC zone
Page 1
7. Home Occu ations and Short-term Rentals: Home Occupations and Short -Term Rentals
are permitted only in legally established residential units.
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Core (CC) Zone District, subject to the standards and procedures established in
Chapter 26.425:
1. Gasoline service station.
2. Commercial parking facility, pursuant to Chapter 26.515.
3. Automobile showroom and dealership.
4. Formula uses, which shall be subject to the provisions contained in Section
26.425.045.
5. Lodge, Boutique.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Commercial Core (CC) Zone District. The
dimensional standards and allotments provided in this section for commercial and mixed -use
developments are the maximum allowable for the zone and may not be achieved for all
developments. Site constraints, historic resources, on -site mitigation and replacement
requirements, and other factors may prevent development from achieving some or all of the
maximum allowable dimensional standards.
1. Minimum Grass Lat Area s uare feet): No requirement.
2. Minimum Net Lat Area er dwellin unit s uare feet): No requirement.
3. Minimum lot width (feet : No requirement.
4. Minimum front and setback feet : No requirement.
5. Minimum side yard setback feet : No requirement.
6. Minimum rear yard setback feet : No requirement
7. Minimum utili Itrashlrec cle area: Pursuant to Chapter 12.06.
8. Maximum height feet : Twenty-eight (28) feet.
9. Minimum distance between buildin s on the lot (feet): No requirement.
10. Public amenity s ace: Pursuant to Section 26.412.
11. Floor area ratio (FAR. The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 2.25:1.
a. Commercial uses: 2.25:1.
City of Aspen Land Use Code
Part 700, CC zone
Page 2
b. Arts, cultural, civic and community uses, public uses, recreational uses, academic
uses, child care center and .similar uses: 2:1.
c. Affordable multi family housing: Greater of existing FAR or 1:1.
d. Cadging: 0.5:1, which maybe increased livable square the individual
less dge whicunits
maythe
be
parcel average five hundred (500) q
comprised of lock -off units.
e. Free -Market multi family housing: Limited to the existing free-market multi -family
FAIL. No expansion to FAR shall be Hies exrteriordstai�rwayscept t at-grade
pond others decks
(other than roof -top decks), balconies,
features up to 15% of the total free-market residential floor area. Any subsequent
reduction in floor area occupied
theafter be ensuch larged to occupyshall
a greater floor area.
limitation and the use shall not e
Free-market residential units shall not be able to utilize any exemptions to floor area
outlined in Section 26.575.020(D), Measuring Floor Area, except as noted above.
12. Maximum lode unit size s uare feet 11,500. possible combination of
of lock -off
units, this maximum shall apply to the g p
13. Net Livable Area s uare feet
a) Cate o 1-5 Affordable multi-famil housin : No limitation.
b) Resident Occu led Affordable multi-famil housin Individual units shall be
limited to 2,000 square feet of net livable area.
c) Free -Market Residential: Overall net livable area for a building or project is limited
to the existing net livable square footage. No expansion to overall net livable area
shall be permitted, except for as described below. Any subsequent reduction in net
livable area occupied by such residential use shall be deemed a new limitation and
the use shall not thereafter be enlarged to occupy a greater net livable area.
Individual units shall be limited to 2,000 square feet of net livable area. Combination
of Free -Market residential units is permitted, but subject to the net livable size
limitations herein, as well as other provisions of this title.
d) Exansions Allowed: Notwithstanding the above, individual multi -family unit sizcs
may be increased by extinguishing Historic Transferable Development Right
Certificates ("certificate" or "certificates"), subject to the following:
1) The transfer ratio is 500 square feet of net livable area for each certificate
that is extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 square feet of net livable area (i.e., no more than
500 additional square feet may be applied per unit).
City of Aspen Land Use Code
Part 700, CC zone
Page 3
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or
the use.
14. Commercial/residential ratio: When development includes mixed -uses, the total
residential net livable area shall be no greater than 65% of the total above -grade
commercial net leasable and lodge net livable area on the same parcel.
Compliance with City of Aspen Charter. Any property located east of Castle Creek that was
in the Commercial Core (CC) zone district on January 1, 2015, is subject to the provisions of
Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
(Ord. No. 56-2000, §§7 [part], 11; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20 [part];
Ord. No. 21-2002, §§5 and 6 [part]; Ord. No. 28a-2004, §2; Ord. No. 12-2006, §10; Ord. No.
11, 2007, §1; Ord. No. 27-2010, §4; Ord. No. 34-2011, §13; Ord. No.12-2012, §1; Ord.
No.25-2012, §1; Ord. No.20-2015, 2; Ord. No.25-2015, 1; Ord. No. 29, 2016, §1; Ord. 23,
2017, §4)
City of Aspen Land Use Code
Part 700, CC zone
Page 4
26.710.150 Commercial (C-1).
Purpose. The Commercial (C-1) zone district provides for a diversity of commercial uses in
mixed -use buildings outside of the historic context of the Commercial Core (CC) zone district.
The C-1 zone advances Aspen Area Community Plan policies geared toward a strong and
sustainable local and visitor economy, a diversity of commercial opportunities and the
maintenance of Aspen as a recreation and cultural destination. The C-1 zone creates economic
vitality by providing a mix of commercial uses with greater flexibility in architecture and
design, enhancing Aspen's community character. The C-1 creates a transition from the more
intense activity of the CC zone district to the surrounding mixed -use, residential and lodge
related uses.
B. Permitted uses. The following uses are permitted by right in the Commercial (C-1)
Zone District:
1. Uses allowed on all floors: General retail, specialty retail, restaurant, bar and
entertainment uses, service uses, lodging uses, office uses, arts, cultural, civic and
community uses, public uses, recreational uses, academic uses, bed and breakfast,
accessory uses and structures, and uses and building elements necessary and incidental
to uses on other floors, including parking accessory to a permitted use, storage accessory
to a permitted use. Parking shall not be allowed as the sole use of the ground floor.
Automobile drive -through service is prohibited.
2. Uses allowed on upner floors: Affordable multi -family housing.
3. Free -Market Residential Units: No new Free -Market Residential Units may be
established. Free -Market Residential units are permitted on any level if they were
legally established (having received a Certificate of Occupancy, Development Order, or
applied for a Development Order) prior to Ordinance 25 (Series of 2012).
4. Affordable Housing Units: Affordable housing is permitted by right.
5. Home Occipatio as and Short-term Rentals:_ Home Occupations and Short-term Rentals
are permitted on any building level only in legally established residential units.
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial (C-1) Zone District, subject to the standards and procedures established in
Chapter 26.425:
1. Affordable multi -family housing or home occupations on the ground floor.
2. Commercial parking facility, pursuant to Section 26.515.
3. Automobile showroom and dealership.
4. Formula uses, which shall be subject to the provisions in Section 26.425.045.
5. Lodge, Boutique.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Commercial (C-1) Zone District. The dimensional
City of Aspen Land Use Code
Part 700, C-1 zone
Page 1
standards and allotments provided in this section for commercial and mixed -use developments
are the maximum allowable for the zone and may not be achieved for all developments. Site
constraints, historic resources, on -site mitigation and replacement requirements, and other
factors may prevent development from achieving some or all of the maximum allowable
dimensional standards.
1. Minimum Gross Lot Area (square feet
a. Bed and breakfast: 3,000.
b. All other uses: No requirement.
2. Minimum Net Lot Area er dwellin unit (square feet :
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
3. Minimum lot width feet :
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
4. Minimum front and setback feet :
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
5. Minimum side and setback ffeeth
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
6. Minimum rear yard setback feet :
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
7. Minimum utili ltrashlrecyvc1le area: Pursuant to chapter 12.06
8. Maximum hei hg_t.
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: Twenty -Eight (28) feet
9. Minimum► distance between buildin s on the lot (feet):
a. Bed and breakfast: Same as R-6 Zone District.
b. All other uses: No requirement.
10. Public ameni s ace: Pursuant to Section 26.412.
11. Floor area ratio LFARI The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 2:1.
a. Commercial uses: 2:1.
City of Aspen Land Use Code
Part 700, C-1 zone
Page 2
b. Arts, cultural, civic and community uses, public uses, recreational uses, academic
uses, and similar uses: 1.75:1.
C. Affordable multi -family housing: Greater of existing FAR or 1:1
d. Lodging: .5:1, which may be increased to 1.5:1 if the individual lodge units on the
parcel average five hundred (500) net livable square feet or less, which may be
comprised of lock -off units.
e. Bed and breakfast (as the sole use of parcel and not cumulative with other uses):
Eighty percent (80%) of allowable floor area of a same -sized lot located in the R-6
Zone District. (See R-6 Zone District.) Extinguishment of historic TDRs shall not
permit additional FAR for single-family or duplex development.
f. Free -Market multi -family housing: Limited to the existing free-market multi-
family FAR. No expansion to FAR shall be permitted except at -grade patios, and
decks (other than roof -top decks), balconies, exterior stairways, trellis, and other
similar features up to 15% of the total free-market residential floor area. Any
subsequent reduction in floor area occupied by such residential use shall be
deemed a new limitation and the use shall not thereafter be enlarged to occupy a
greater floor area. Free-market residential units shall not be able to utilize any
exemptions to floor area outlined in Section 26.575.020.D, Measuring Floor Area,
except as noted above.
12. Maximum lod a unit size s uare feet): 1,500. When units are comprised of lock -off
units, this maximum shall apply to the largest possible combination of units.
13. Net Livable Area s uare feet
a) Cate ory 1-5 Affordable multi-famil housin : No limitation.
b) Resident Occu led Affordable multi-famii housin :Individual units shall be
limited to 2,000 square feet of net livable area.
c) Free -Market Residential: Overall net livable area for a building or project is
limited to the existing net livable square footage. No expansion to overall net
livable area shall be permitted. Any subsequent reduction in net livable area
occupied by such residential use shall be deemed a new limitation and the use shall
not thereafter be enlarged to occupy a greater net livable area. Individual units
shall be limited to 2,000 square feet of net livable area. Combination of Free -
Market residential units is permitted, but subject to the net livable size limitations
herein, as well as other provisions of this title.
d) Ex ansions Allowed: Notwithstanding the above, individual multi -family unit sizes
may be increased by extinguishing Historic Transferable Development Right
Certificates ("certificate" or "certificates"), subject to the following:
City of Aspen Land Use Code
Part 700, C-1 zone
Page 3
1) The transfer ratio is 500 square feet of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 square feet of net livable area (i.e., no more than
500 additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the
use.
14. Commercial/residential ratio: When development includes mixed -uses, the total
residential net livable area shall be no greater than 65% of the total commercial net
leasable and lodge net livable area on the same parcel.
E. Compliance with City of Aspen Charter. Any property located east of Castle Creek that
was in the Commercial (C-1) zone district on January 1, 2015, is subject to the provisions of
Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
(Ord. No. 56-2000, § § 7 [part], 12, 15; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20;
Ord. No. 28b-2004, §1; Ord. No. 12-2006, §11; Ord. No. 11, 2007, §2; Ord. No. 27-2010, §4;
Ord. No. 34-2011, §14; Ord. No. 12-2012, §2; Ord. No. 25-2012, §2; Ord. No. 20-2015, §3;
Ord. No.25-2015, 2; Ord. No. 29, 2016, §2; Ord. No. 23, 2017, §5)
City of Aspen Land Use Code
Part 700, C-1 zone
Page 4
26.710.160 Service/Commercial/Industrial (S/C/I).
A. Purpose. The S/C/I zone supports Aspen Area Community Plan policies related to a
sustainable, local serving economy and the preservationof a diversity of commercial
opportunities for locals and visitors. In response to the decreased intensity of commercial uses
in the zone and relative distance from the CC and C 1 zones, both multi -modal and automobile
parking improvements are appropriate on site in the S/C/I. In order to enhance the City's
commercial diversity, the zone allows for uses not found in other zones including light
industrial, manufacturing, production, repair and similar service -related uses. The S/C/I zone
is designed to provide commercial space to those uses not appropriate in other commercial
zones, but which provide an essential or unique service to support the local economy.
Flexibility and adaptability are important features of the zone to respond to changing
commercial sector dynamics and meet the space needs of the City's service, creative and
production economies.
B. Permitted and Conditional Uses.
1. The following uses may have, in combination, a limited percent of the floor area,
devoted to retail sales, showroom, or customer reception, and such uses shall be
ancillary to the primary commercial use. This floor area percentage may be
increased through Special Review by the Planning and Zoning Commission,
pursuant to Section 26.430.050, and according to the standards of Section
26.710.160.E.1.
% retail sales,
showroom, or
customer reception
(maximum — net
leasable area
100%
25%
Uses include the manufacturing, repair, customization,
servicing, alteration, detailing, rental or sale of consumer goods,
such as:
■ Vehicle sales.
• Building materials, components, hardware, fixtures, interior
finishes and equipment.
• Fabric and sewing supply.
■ Household appliances such as ranges, refrigerators,
dishwashers, etc.
• Outdoor recreational items, which may be in combination with a
service use related to guiding or touring.
■ Animal boarding facility.
■ Animal grooming establishment.
• Artist studio.
• Brewery and brewing supply.
• Coffee roasting and supply.
• Commercial dry cleaning.
• Commercial Kitchen or Bakery.
• Design Studio (limited to the Andrews-McFarlin Subdivision).
• Laundromat.
• Locksmith.
City of Aspen Land Use Code
Part 700, SCI zone
Page 1
% retail sales, ' Uses include the manufacturing, repair, customization,
showroom, or servicing, alteration, detailing, rental or sale of consumer goods,
customer reception such as:
(maximum — net
leasable area)
• Marijuana Cultivation Facility, Marijuana Product
Manufacturing Facility, or Marijuana Testing Facility.
• Consumer electronics service and repair.
• Post Office branch.
• Printing and copy center.
• Shipping, packing and receiving services.
• Veterinary clinic.
10% • Automobile washing facility.
• Building/landscape maintenance facility.
• Warehousing and storage.
2. PripM Care Physician's Office Uses permitted:
a. On Upper Floors, pursuant to Section 26.710.160 (D)11(b).
b. Limited to a cap of 3,500 square feet at the Obermeyer Place PD, upon execution
of an Insubstantial PD Amendment.
3. Affordable Housing Units: Affordable housing is permitted as a mixed use with other
approved S/C/I uses. See 26.710.160.D.I I for Affordable Housing FAR
requirements. Additionally, the project must demonstrate that the residential use and
individual units are substantially removed and physically separated from Commercial
Uses on the same parcel, to the extent practicable, so as to isolate residential uses from
commercial impacts and to adequately provide for on -loading, off-loading, circulation
and parking for commercial uses.
4. Permitted Accessory Uses:
a) Service yard accessory to a permitted use.
b) Sales and rental accessory and incidental to a permitted use.
c) Accessory buildings and uses.
d) Home occupations and Short-term Rentals: Home Occupations and Short-term
Rentals are permitted only in legally established residential units.
e) Offices, accessory to a permitted or conditional use, may occupy up to 10% of a
commercial unit.
C. Conditional uses. The following uses are permitted as conditional uses in the
Service/Commercial/ Industrial (SCI) zone district, subject to the procedures established
in Chapter 26.425.050 Procedures for Review, and the standards established in Section
26.710.160.F.
City of Aspen Land Use Code
Part 700, SCI zone
Page 2
1. Free -Market Residential Units: No new Free -Market Residential Units may be
established. Free -Market Residential units are permitted on any level if they were
legally established (having received a Certificate of Occupancy, Development
Order, or applied for a Development Order) prior to Ordinance 29, Series 2016
2. Consignment retail establishment.
3. Commercial Parking Facility, pursuant to Section 26.515.
4. Gasoline service station.
5. Grocery store.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Service/Commercial/ Industrial (SCI) zone district.
The dimensional standards and allotments provided in this section for commercial and
mixed -use developments are the maximum allowable for the zone and may not be
achieved for all developments. Site constraints, historic resources, on -site mitigation and
replacement requirements, and other factors may prevent development from achieving
some or all of the maximum allowable dimensional standards.
1. Minimum Gross Lot Area s uare feet : 3,000
2. Minimum Net Lot Area er dwellin unit s uare feet): No requirement.
3. Minimum lot width feet)_ No requirement.
4. Minimum front yard setback feet : No requirement.
5. Minimum side yard setback (feed No requirement.
6. Minimum rear and setback (feet): No requirement.
7. Minimum Utility/Trash/Recycle area: Pursuant to Chapter 12.06.
8. Maximum hei hV Thirty-five (35) feet.
9. Minimum distance between buildings on the lot feet : No Requirement.
10. Pedestrian Amenity Sp ace: Pursuant to Section 26.412.
11. Floor Area Ratio FARE The following FAR schedule applies to uses cumulatively
up to a total maximum FAR of 2.25:1. Achieving the maximum floor area ratio is
subject to compliance with applicable design standards, view plane requirements,
public amenity requirements and other dimensional standards. Accordingly, the
maximum FAR is not an entitlement and is not achievable in all situations.
a. Commercial Uses: 2.25:1.
City of Aspen Land Use Code
Part 700, SCI zone
Page 3
b. Primary Care Physician's Office uses:.25:1 FAR, only if a minimum of .75:1
FAR of Commercial uses, listed in Section 26.710.160(B)1-3, exist on the same
parcel.
c. Affordable Multi -Family Housing (as a mixed use): Greater of existing FAR or
1:1.
d. Free -Market Multi -Family Housing: Limited to the existing free-market multi-
family FAR. No expansion to FAR shall be permitted except at -grade patios, and
decks (other than roof -top decks), balconies, exterior stairways, trellis, and other
similar features up to 15% of the total free-market residential floor area. Any
subsequent reduction in floor area occupied by such residential use shall be deemed
a new limitation and the use shall not thereafter be enlarged to occupy a greater floor
area. Free-market residential units shall not be able to utilize any exemptions to
floor area outlined in Section 26.575.020(D), Measuring Floor Area, except as noted
above.
12. Maximum multi -family residential dwelling unit size (square feet
a) Category 1-5 Affordable multi -family housing: No limitation.
b) Resident Dccupied Affordable multi -family housing: Individual units shall be
limited to 2,000 square feet of net livable area.
c) Free -Market multi -family housing: Individual units shall be limited to 2,000
square feet of net livable area. Combination of Free -Market residential units is
permitted, but subject to the net livable size limitations herein, as well as other
provisions of this title.
d) Ex ansions Allowed: Notwithstanding the above, individual multi -family unit
sizes may be increased by extinguishing Historic Transferable Development
Right Certificates ("certificate" or "certificates"), subject to the following:
1) The transfer ratio is 500 square feet of net livable area for each certificate
that is extinguished.
2) The additional square footage accrued may be applied to multiple units.
I-Iowcvcr, the maximum individual unit size attainable by transferring
development rights is 2,500 square feet of net livable area (i.e., no more than
500 additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or
the use.
E. Special Review Standards. Whenever the dimensional standards of a proposed
development within the SCI Zone District are subject to Special Review, the development
application shall be processed as a Special Review, pursuant to Section 26.430.050. The
following additional criteria apply:
City of Aspen Land Use Code
Part 700, SCI zone
Page 4
1. To increase the allowable percentage of interior space assigned to retail, showroom, or
customer reception area, the applicant shall demonstrate the need and appropriateness
for such additional space and shall demonstrate consistency with the purpose of the SCI
Zone District.
2. The additional approved percentage for a specific use shall be limited to that use and
not applicable to subsequent uses in the same space.
F. Conditional Use Review Standards.
1. Retail, Showroom or Customer Reception Area. In addition to meeting the standards
in Chapter 26.425, Conditional Use, the following Standards shall be met:
a. For consignment retail establishment, commercial parking facility (pursuant to
Chapter 26.575), and gasoline service station, the Commission shall establish the
appropriate amount of floor area to be devoted to retail sales, showroom, or
customer reception as a condition of conditional use review.
b. To establish the allowable percentage of interior space assigned to retail, showroom,
or customer reception area, the applicant shall demonstrate the need and
appropriateness for the space and shall demonstrate consistency with the purpose of
the SCI Zone District. The approved percentage for a specific use is limited to that
use and not applicable to subsequent uses in the same space.
G. Compliance with City of Aspen Charter. Any property located east of Castle Creek
that was in the Service/Commercial/Industrial (SICII) zone district on January 1, 2015, is
subject to the provisions of Article XIII Section 13.14, Voter authorization of eertain land use
approvals, of the City of Aspen Charter.
(Ord. No. 2-1999, §1; Ord. No. 22-2005, §1; Ord. No. 4-2008; Ord. No. 27-2010, §4; Ord.
No. 39-2013, §3; Ord. No. 20-2015, §4; Ord. No. 29, 2016, §3)
City of Aspen Land Use Code
Part 700, SCI zone
Page 5
26.710.170 Neighborhood Commercial (NC).
A. Purpose. The Neighborhood Commercial (NC) zone supports Aspen Area Community
Plan policies related to a sustainable, local serving economy and the preservation of a diversity
of commercial opportunities for locals and visitors. The zone district provides opportunities
for mixed -use development in close proximity to downtown at higher intensity than the Mixed
Use or surrounding residential neighborhood zone districts. The NC allows for a mix of
essential goods and services oriented businesses in close proximity to multi -modal transit
infrastructure.
The mix of uses in the NC is designed to provide for the daily needs of residents and visitors in
a built environment that enhances the community character of Aspen. Greater design flexibility
and increased setbacks from the CC and C 1 zones allows for mixed -use development which
creates a transition from the downtown commercial areas and can accommodate retail, service
commercial, food service and related uses in conjunction with affordable housing on upper
floors as an ancillary use to the primarily commercial purpose of the zone. Limited on -site
parking is appropriate in conjunction with high traffic volume or residential uses and in addition
to multi -modal improvements.
B. Permitted uses. The following uses are permitted as of right in the Neighborhood
Commercial (NC) Zone District:
Uses allowed on all buildin levels: General retail, restaurant, bar and entertainment
uses, service uses, office Uses, arts, cultural, civic and community uses, public Uses,
recreational uses, academic uses, accessory uses and structures, uses and building
elements necessary and incidental to uses on other floors, including parking accessory
to a permitted use, storage accessory to a permitted use.
2. Uses allowed on u er floors: Affordable multi -family housing.
3. Free -Market Residential Units: No new Free -Market Residential Units may be
established. Free -Market Residential units are permitted on any level if they were
legally established (having received a Certificate of Occupancy, Development Order,
or applied for a Development Order (prior to Ordinance 29, Series of 2016).
4. Home Occu)ations and Short-term Rentals: Home Occupations and Short-term
Rentals are permitted only in legally established residential units.
C. Conditional uses. The following uses are permitted as conditional uses in the
Neighborhood Commercial (NC) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Commercial parking facility, pursuant to Chapter 26.515.
2. Automobile showroom and dealership.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Neighborhood Commercial (NC) Zone District. The
dimensional standards and allotments provided in this section for commercial and mixed -use
City of Aspen Land Use Code
Part 700, NC zone
Page 1
developments are the maximum allowable for the zone and may not be achieved for all
developments. Site constraints, historic resources, on -site mitigation and replacement
requirements, and other factors may prevent development from achieving some or all of the
maximum allowable dimensional standards.
1. Minimum Gross Lot Area Lsguare feet : No requirement.
2. Minimum Net Lat Area per dwelling unit (square feet : No requirement.
3. Minimum lot width (feet)' No requirement.
4. Minimum front yard setback feet : five (5).
5. Minimum side yard setback feet: five (5).
6. Minimum rear Vard setback (fee!): five (5).
7. Minimum utili Itrashlre cle area. Pursuant to Chapter 12.06.
8. Maximum hei ht. twenty-eight (28) feet.
9. Minimum distance between buildings _o_nthe iat feet : No requirement.
10. Public ameni s ace: Pursuant to Section 26.412.
11. Floor area ratio AR : The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 1.5:1. Achieving the maximum floor area ratio is subject
to compliance with applicable design standards, view plane requirements, public
amenity requirements and other dimensional standards. Accordingly, the maximum
FAR is not an entitlement and is not achievable in all situations.
a. Commercial uses: 1.5:1.
b. Arts, cultural, civic and community uses, public uses, recreational uses, academic
uses, and similar uses: 1:1.
c. Affordable multi family housing: Greater of existing FAR and .5:1.
d. Free-market multi family housing: Limited to the existing free-market multi -family
FAR. No expansion to FAR shall be permitted except at -grade patios, and decks
(other than roof -top decks), balconies, exterior stairways, trellis, and other similar
features up to 15% of the total free-market residential floor area. Any subsequent
reduction in floor area occupied by such residential use shall be deemed a new
limitation and the use shall not thereafter be enlarged to occupy a greater floor area.
Free-market residential units shall not be able to utilize any exemptions to floor area
outlined in Section 26.575.020(D), Measuring Floor Area, except as noted above.
City of Aspen Land Use Code
Part 700, NC zone
Page 2
12. Maximum multi -family residential dwelling size (square feet):
a) Category 1-5 Affordable multi -family housing: No limitation.
b) Resident Occupied Affordable multi -family housing: Individual units shall be
limited to 1,500 square feet of net livable area.
c) Free -Market multi -family housin : Individual units shall be limited one thousand
five hundred (1,500) square feet of net livable area. Combination of Free -Market
residential units is permitted, but subject to the net livable size limitations herein, as
well as other provisions of this title.
d) Expansions Allowed: Notwithstanding the above, individual multi -family unit sizes
may be increased by extinguishing Historic Transferable Development Right
Certificates ("certificate" or "certificates"), subject to the following:
1) The transfer ratio is 500 square feet of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,000 square feet of net livable area (i.e., no more than
500 additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the
use.
13. Commercial/residential ratio: When development includes mixed -uses the total
residential net livable area shall be no greater than 65% of the total commercial net
leasable and lodging net livable on the same parcel.
E. Compliance with City of Aspen Charter. Any property located east of Castle Creek that
was in the Neighborhood Commercial (NC) zone district on January 1, 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen Charter.
(Ord. No. 38-2000, §2; Ord. No. 12-2005, §1; Ord. No. 12-2006, §14, 15; Ord. No. 11, 2007;
Ord. No. 27-2010, §4; Ord. No. 34-2011, §15; Ord. No. 20-2015, §5; Ord. No. 29, 2016, §4)
City of Aspen Land Use Code
Part 700, NC zone
Page 3
26.710.180 Mixed -Use (MU).
A. Purpose. The Mixed Use (MU) zone serves as a transition from the more intense
commercial areas of the CC and C-1 zones, and the residential and lodging zones surrounding
Main Street. By allowing for a mix of commercial and residential uses and smaller -scale
development, the Mixed Use zone reflects Aspen's historic character and provides different
economic and residential opportunities from more traditional commercial zones. Particularly
along Main Street, the Mixed Use zone serves as a buffer from the traffic of Highway 82 while
allowing for smaller scale commercial and residential opportunities.
Buildings in the Mixed Use zone consist primarily of commercial, service and office uses on
the ground floor, and residential and office uses on upper floors and off of the primary street
frontage. Uses in the MU zone should not erode the character of the neighborhood or create
excessive impacts to the surrounding residential and lodging zone. Standalone residential uses
are permitted on properties as a reflection of the historic residential nature of the zone district.
B. Permitted uses. The following uses are permitted as of right in the Mixed -Use (MU) Zone
District:
1. On historic landmark properties: Bed and breakfast.
2. General retail uses.
3. Specialty retail uses.
4. Restaurant, bar and entertainment uses.
5. Service uses.
6. Office uses.
7. Lodging.
8. Arts, cultural, civic and community uses.
9. Public uses.
10. Recreational uses.
11. Academic uses.
12. Affordable multi -family residential.
13. Free -Market Residential Units: No new Free -Market Residential Units (single-
family, duplex, multi -family) may be established. Free -Market Residential units are
permitted if they were legally established (having received a Certificate of
Occupancy, Development Order, or applied for a Development Order) prior to the
effective date of Ordinance 13 (Series of2022). Demolition of existing free-market
residential uses shall be subject to 26.312.020, Non -Conforming uses.
14. Accessory dwelling unit in a separate building accessed off the rear of a lot as an
accessory use, meeting the provisions of Chapter 26.520.
15. Home occupations.
16. Accessory uses and structures.
City of Aspen Land Use Code
Part 700, MU zone
Page 1
17. Storage accessory to a permitted use.
18. Short-term Rentals. Pursuant to Section 26.530
C. Conditional uses. The following uses are permitted as conditional uses in the Mixed -Use
(MU) Zone District, subject to the standards and procedures established in Chapter 26.425:
1. Commercial parking facility, pursuant to Chapter 26.515.
2. Automobile showroom and dealership.
3. Formula uses in the Main Street Historic District, subject to
the provisions contained in Section 26.425.045.
4. Lodge, Boutique.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Mixed -Use (MU) Zone District. The dimensional
standards and allotments provided in this section for commercial and mixed -use developments
are the maximum allowable for the zone and may not be achieved for all developments. Site
constraints, historic resources, on -site mitigation and replacement requirements, and other
factors may prevent development from achieving some or all of the maximum allowable
dimensional standards.
1. Minimum Gross Lot Area (square feet : 3,000.
2. Minimum Net Lot Area er dweilins unit s uare feet
a. Detached residential dwellings: 4,500. 3,000 for historic landmark
properties.
b. Duplex dwellings (square feet): 4,500. 3,000 for historic landmark
properties.
c. All other uses: Not applicable.
3. Minimum lot width feet : 30.
4. Minimum front yard setback feet . 10, which maybe reduced to 5, pursuant to
Special Review, Chapter 26.430.
5. Minimum side and setback feet : 5.
6. Minimum rear yard setback (feet 5.
7. Minimum utility/trash/re cle area: Pursuant to Chapter 12.06.
8. Maximum hei ht:
a. Detached residential and duplex dwellings: 25 feet.
b. All other uses: 28 feet.
9. Minimum distance between buildin son the lot et): 10.
10. Public amenity s ace: Pursuant to Section 26.412.
City of Aspen Land Use Code
Part 700, MU zone
Page 2
11. Floor Area Ratio (FAR):
a. The following FAR schedule applies to uses cumulatively and individually when
part of a commercial, lodging, or mixed -use development, as follows:
Use
Cumulative total of all uses
Commercial
Civic
Affordable Housing
Maximum
allowed by ril
1:1
1:1
1:1
0.75:1
Maximum (allowed by
right)
Main Street Historic
District: 1.25:1; All
other locations: 1.5:1
Maximum by special review
(see Subsection 26.430.040.A)
Main Street
Historic
District
1.25:1
1.25:1
1.25:1
1:1
N/A
All Other
Locations
1.5:1
1.5:1
1.5:1
1:1
N/A
b. Free -Market multi family housing: Limited to the existing free-market as calculated
per 26.575.020.D. No expansion shall be permitted, except at -grade patios, and
decks (other than roof -top decks), balconies, exterior stairways, trellis, and other
similar features up to 15% of the total free-market residential floor area. Any
subsequent reduction in floor area Occupied by such residential use shall be deemed
a new limitation and the use shall not thereafter be enlarged to occupy a greater floor
area. Free-market residential units shall not be able to utilize any exemptions to
floor area outlined in Section 26.575.020(D), Measuring Floor Area, except as
noted above. City historic transferable development rights shall not permit
additional floor area for detached residential and duplex dwellings.
12. Maximum multi-famil residential dwellin unit size (square feet):
a) Category 1-5 Affordable multi -family housing No limitation.
b) Resident Occu icd Affordable multi -family housin Individual units shall be
limited to 2,000 square feet of net livable area.
c) Free -Market multi -famiiy housing: Individual units shall be limited to 2,000 square
feet of net livable area. Combination of Free -Market residential units is permitted,
but subject to the net livable size limitations herein, as well as other provisions of
this title.
City of Aspen Land Use Code
Part 700, MU zone
Page 3
d) Ex ansions Allowed: Notwithstanding the above, individual multi -family unit sizes
may be increased by extinguishing Historic Transferable Development Right
Certificates ("certificate" or "certificates"), subject to the following:
1) The transfer ratio is 500 square feet of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 square feet of net livable area (i.e., no more than
500 additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot or the
use.
13. Commercial/residential ratio: When development includes mixed -uses, the total
residential net livable area shall be no greater than. 150% the total commercial net
leasable and lodging net livable area located on the same parcel.
E. Compliance with City of Aspen Charter. Any property located east of Castle Creek that
was in the Mixed -Use (MU) zone district on January 1, 2015, is subject to the provisions of
Article XIII Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
(Ord. No. 56-2000, §7 (part]; Ord. No. 25-2001, §5 [part]; Ord. 1-2002, §20; Ord. No. 7-
2005, §1 [part]; Ord. No. 12-2006, 13; Ord. No. 11, 2007; Ord. No. 27-2010, §4; Ord. No.34-
2011, §16; Ord. No. 17-2014, §2; Ord. No. 20-2015, §6; Ord. No. 29, 2016, §5; Ord. No. 23,
2017, §6)
City of Aspen Land Use Code
Part 700, MU zone
Page 4
26.710.190 Lodge (L).
A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction,
renovation and operation of lodges, tourist -oriented multi -family buildings through Short-term
Rentals, high occupancy timeshare facilities and ancillary uses compatible with lodging to
support and enhance the City's resort economy. The City encourages high -occupancy lodging
development in this zone district. Therefore, certain dimensional incentives are provided in
this zone district, as well as other development incentives in Chapter 26.470, Growth
Management Quota System (GMQS).
B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone
District:
1. Hotel or lodge.
2. Timeshare lodge.
3. Exempt timesharing.
4. Offices and activities accessory to timeshare unit sales (see Section 26.590).
5. Bed and breakfast.
6. Conference facilities.
7. Uses associated with outdoor recreation facilities and events.
8. Accessory uses and structures. (Food service for on -site lodge guests is an
accessory use.)
9. Storage accessory to a permitted use.
10. Affordable multi -family housing accessory to a lodging or timeshare operation and
for employees of the operation.
11. Deed -Restricted Affordable Housing, multi -family
12. Free-market multi -family housing.
13. Home occupations.
14. Short-term Rentals. Pursuant to Section 26.530
C. Conditional uses. The following uses are permitted as conditional uses in the Lodge
(L) Zone District, subject to the standards and procedures established in Chapter 26.425:
1. Retail and restaurant uses.
2. Neighborhood commercial uses.
3. Service uses.
4. Arts, cultural and civic uses.
City of Aspen Land Use Code
Part 700, L zone
Page 1
5. Public uses.
6. Academic uses.
7. Child care center.
8. Commercial parking facility, pursuant to Chapter 26.515.
9. Formula uses, which shall be subject to the provisions contained in Section
26.425.045.
10. Lodge, Boutique.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Lodge (L) Zone District:
1. Minimum Gross Lot Area (square feet): 3,000.
2. Minimum Net Lot Area per dwelling unit (square _feet):
a. Free-market multi family residential: 3,000.
b. Affordable multi family residential: No requirement.
c. Lodge, timeshare lodge and exempt timesharing: No requirement.
3. Minimum lot width (feet}: 30.
4. Minimum front yard setback (feet): 5.
5. Minimum side yard setback feet : 5.
6. Minimum rear yard setback (feet : 5.
7. Minimum utility/trash/recycle area: pursuant to Section 26.575.060.
8. Maximum height.
a. Bed and breakfast (as a single use): 25 feet.
b. Multi family (as a single use): 28 feet.
c. Lodge, timeshare lodge, exempt timesharing and mixed -use projects, with less
than one lodge unit per 500 square feet of Gross Lot Area: 28 fect.
d. Lodge, timeshare lodge, exempt timesharing and mixed -use projects, with one (1)
or more lodge units per 500 square feet of Gross Lot Area: 36 feet, which may be
increased to 40 feet through Commercial Design Review. See Chapter 26.412.
Also see Subsection 26.710.190.E.
e. Lodge, timeshare lodge, exempt timesharing and mixed -use projects, with one or
more lodge units per 500 square feet of Gross Lot Area and an average lodge unit
size of 450 square feet or less: 38 feet, which may be increased to 40 feet through
commercial design review. See Chapter 26.412. Also see Subsection E below.
City of Aspen Land Use Code
Part 700, L zone
Page 2
9. Minimum distance between buildings on the lot Neil 10.
10. Public ameni1y space Pursuant to Section 26.575.030.
11. Floor area ratio (FAR):
a. The following FAR schedule applies to commercial, lodge, timeshare lodge,
exempt timesharing and mixed -use projects with one (1) or more lodge units per
five hundred (500) square feet of Gross Lot Area. This FAR schedule is
cumulative, up to a total maximum FAR of 2.75:1 for parcels of twenty-seven
thousand (27,000) square feet or less in size and 2.5:1 for parcels greater than
twenty-seven thousand (27,000) square feet. Also see Subsection 26.710.190.E.
Unless otherwise stated below, a development's non -unit space shall not count
towards the FAR cap of an individual use category; however, the maximum FAR
cap for the parcel shall not be exceeded. Achieving the maximum floor area ratio
is subject to compliance with applicable design standards, view plane
requirements, public amenity requirements and other dimensional standards.
Accordingly, the maximum FAR is not an entitlement and is not achievable in all
situations.
1) General retail and specialty retail uses; restaurant, bar and entertainment uses;
service uses; arts, assembly, cultural, civic and community uses; public uses;
academic uses; child care centers: 0.25:1, which may be increased to 0.5:1 by
special review, pursuant to Section 26.430.
2) Lodge units, timeshare lodge units, exempt timesharing units: 2:1.
3) Commercial parking facility: 1: 1.
4) Affordable multi -family housing: 0.25:1, which may be increased by special
review, pursuant to Chapter 26.430.
5) Free-market multi -family housing: The allowable floor area shall be based on
a percentage of the total net livable area of lodging units and affordable
housing units on the parcel and according to average lodge unit size on the
parcel, as defined in Table 26.710.109.1, below:
Table 26.710.109.1
Table 26.710.190.1
Average net livable area of individual
lodge units on the parcel
Greater than 600 square feet
600 square feet
500 square feet
400 square feet
300 square feet or less
Allowable Free -Market Residential FAR
Free-market residential FAR as a percentage of
total lodge unit and affordable housing net
livable area
5%
15%
40%
50%
60%
City of Aspen Land Use Code
Part 700, L zone
Page 3
When the average lodge unit size falls between the square footage categories,
the allowable free-market multi -family or large lodge/timeshare unit floor area
shall be determined by interpreting the above schedule proportionately. For
example, a lodge project with an average unit size of 450 square feet shall be
allowed to develop a free-market residential floor area up to 45% of the total
lodge unit net livable area.
This percentage of free-market residential FAR may not be otherwise
established for a project through a planned development review.
All non -unit space attributable to free-market residential or large
lodge/timeshare units shall count towards the individual FAR allowance for
free-market residential or large lodge/timeshare units.
b. The following FAR schedule applies to commercial, lodge, timeshare lodge,
exempt timesharing and mixed -use projects, with less than one lodge unit per 500
square feet of Gross Lot Area. This FAR schedule is cumulative, up to a total
maximum FAR of 1.5:1 for parcels of twenty-seven thousand 27,000 square feet
or less in size and 1:1 for parcels greater than 27,000 square feet. Unless
otherwise stated below, a development's non -unit space shall not count towards the
FAR cap of an individual use category; however, the maximum FAR cap for the
parcel shall not be exceeded.
1) Commercial uses; arts, cultural and civic uses; public uses; academic uses;
child care center: .25:1, which may be increased to .5:1 by special review,
pursuant to Section 26.430.
2) Lodge units, Timeshare Lodge units, Exempt Timesharing units: 1:1.
3) Commercial Parking Facility: 1:1.
4) Affordable multi -family housing: .25:1, which may be increased by special
review, pursuant to Section 26.430.030.a
5) Free-market multi -family housing: .25:1. All non -unit floor area attributable
to free-market multi -family housing shall count towards the individual FAR
allowance for free-market multi -family housing.
c. The following FAR schedule applies to Free -Market multi -family (as a single use)
projects established prior to the adoption of Ordinance No. 9, Series of 2005: 1:1.
Receipt of a development order shall constitute the date the use was established.
d. The following FAR schedule applies to Free -Market, multi -family (as a single use)
prof ects established after the adoption of Ordinance 9, Series of 2005: ,.5:1.
Receipt of a development order shall constitute the date the use was established.
e. The following FAR schedule applies to 100% Deed -Restricted Affordable
Housing (as a single -use): 1.5:1.
f. The following FAR schedule applies to bed and breakfast as a single use of the
parcel: 100% of the allowable floor area of a single-family residence on an
equivalent -sized lot located in the R-6 Zone District. (See R-6 Zone District.)
12. Maximum Multi-Famil Residential Dwellin Unit Size s uare feet : 1,500 square
feet of net livable area.
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Part 700, L zone
Page 4
a. The property owner may increase individual multi -family unit size by
extinguishing historic transferable development right certificates ("certificate" or
"certificates"), subject to the following:
1) The transfer ratio is 500 square feet of net livable area for each certificate that
is extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,000 square feet of net livable area (i.e., no more than
500 additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the FAR of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates
E. Special review for density standard. The Planning and Zoning Commission may
approve an adjustment of the "density standard," and the project shall remain qualified for the
height, floor area, and growth management incentives associated with this standard. The
review shall be pursuant to the review procedures for special review, Chapter 26.430, and the
following criteria:
1. The density standard may be amended by a maximum of 10% to one lodge unit per
550 square feet of Gross Lot Area. An adjustment in excess of this increase may be
approved through adoption of a PD plan, but the project shall no longer be qualified
for the associated incentives.
2. The project includes a generous amount of non -unit space, amenities and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
F. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Lodge (L) zone district on January 1, 2015, is subject to the provisions
of Article XI11 Section 13.14, Voter authorization of certain land use approvals, of the City of
Aspen Charter.
(Ord. No. 41-2000, §§l, 2; Ord. 56-2000, §§7 [part], 13; Ord. No. 25-2001, §5 [part]; Ord.
No. 21-2002, §§5, 6 [part]; Ord. No. 9-2005, §3; Ord. No. 50a-2005, §§7, 8; Ord. No. 25,
2006, §2; Ord. No. 10, 2007, §1; Ord. No. 27-2010, §4; Ord. No.34-2011, §17; Ord. No.20-
2015, §7; Ord. No. 23, 2017, §7-8)
City of Aspen Land Use Code
Part 700, L zone
Page 5
26.710.200 Commercial Lodge (CL).
A. Purpose. The purpose of the Commercial Lodge (CL) Zone District is to provide for
the establishment of mixed -use commercial and lodge development by permitting commercial
uses on the ground floor with lodging development above. The City encourages high -
occupancy lodging development in this zone district through hotel, lodge and timeshare uses
and Short-term Rentals.
B. Permitted uses. The following uses are permitted as of right in the Commercial
Lodge (CL) Zone District:
1. Uses allowed in basement and ground floors: Lodge uses, conference facilities,
restaurant, bar and entertainment uses, office uses, service uses, arts, assembly, cultural,
civic and community uses, recreational uses, academic uses, and child care center. Uses
and facilities necessary and incidental to uses on Upper Floors. Parking shall not be
allowed as the sole use of the ground floor. Automobile drive -through service is
prohibited.
2. Uses allowed on upper floors: Lodge uses, exempt timesharing, offices and activities
accessory to timeshare unit sales (see Chapter 26.590), accessory uses, storage
accessory to a permitted use, affordable multi -family housing, free-market multi-
family housing, Short-term Rentals. (Food service for on -site lodge guests is an
accessory use.)
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Lodge (CL) Zone District, subject to the standards and procedures established in
Chapter 26.425:
1. The following uses may be located only on upper floors: general retail and specialty
retail uses, restaurant, bar and entertainment uses, service uses, office uses, arts,
assembly, cultural, civic, and community uses, public uses, academic uses or child
care centers.
2. Commercial parking facility, pursuant to Chapter 26.515.
3. Formula uses.
4. Lodge, Boutique.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Commercial Lodge (CL) Zone District:
1. MinimwII Gross Lot Area (square feet): No requirement.
2. Minimum Net Lot Area er dwellin unit s uare feet : No requirement.
3. Minimum lot width feet : No requirement.
4. Minimum front and setback feetI. No requirement.
5. Minimum side and setback feet : No requirement.
6. Minimum rear and setback feet : No requirement.
City of Aspen Land Use Code
Part 700, CL zone
Page 1
7. _Minimum utiiityltrashlrecycle area: pursuant to Section 26.575.060.
8. Maximum height: 28 feet for two-story elements of a building. 36 feet for three-story
elements of a building, which may be increased to 40 feet through Commercial Design
Review. See Chapter 26.412. For projects with an average lodge unit size of four
hundred fifty (450) square feet or less, three-story elements of a building may be 38
feet, which may be increased to 40 feet through commercial design review.
9. Minimum distance between buildin son the lat feet . No requirement.
10. Public amen i s ace: Pursuant to Section 26.575.030.
11. Floor area ratio FAR The following, FAR schedule applies to uses cumulatively up
to a total maximum FAR of 2.5:1. Unless otherwise stated below, non -unit space
associated with individual uses shall be attributable to the individual FAR allowance.
Unless otherwise stated below, a development's non -unit space shall not count towards
the FAR cap of an individual use category; however, the maximum FAR cap for the
parcel shall not be exceeded. Achieving the maximum floor area ratio is subject to
compliance with applicable design standards, view plane requirements, public amenity
requirements and other dimensional standards. Accordingly, the maximum FAR is not
an entitlement and is not achievable in all situations.
a. Commercial uses; arts, assembly, cultural, civic and community uses; public uses;
academic uses; child care centers; commercial parking facility: 1:1.
b. Lodging units, timeshare lodging units and exempt timesharing units: 2:1.
c. Af or•dable multi family housing: .25:1, which may be increased by special review,
pursuant to Section 26.430.d
d. Free-market multi family housing: .25:1. All non -unit space attributable to Free -
Market Multi -Family Housing shall count towards the individual FAR allowance
for Free -Market Multi -Family Housing.
12. Maximum Residential Unit Size s uare feet : 1,500 square feet of net livable area.
a. The property owner may increase individual multi -family unit size by
extinguishing historic transferable development right certificates ("certificate" or
"certificates"), subject to the following:
1) The transfer ratio is five hundred (500) square feet of net livable area for each
certificate that is extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,000 square feet of net livable area (i.e., no more than
500 additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the FAR of the lot.
City of Aspen Land Use Code
Part 700, CL zone
Page 2
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates
E. Special review for density standard. The Planning and Zoning Commission may
approve an adjustment of the "density standard," and the project shall remain qualified for the
growth management incentives associated with this standard. The review shall be pursuant to
the review procedures for special review, Chapter 26.430, and the following criteria:
1. The density standard may be amended by a maximum of 10% to one lodge unit per
550 square feet of Gross Lot Area. An adjustment in excess of this increase may be
approved through adoption of a PD plan, but the project shall no longer be qualified
for the associated incentives.
2. The project includes a generous amount of non -unit space, amenities and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
F. Compliance with City of Aspen Charter. Any property located east of the Castle
Creek River that was in the Lodge (L) zone district on January 1, 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen Charter.
(Ord. No. 21-2002, §§5 and 6 [part]; Ord. No. 9-2005, §2; Ord. No. 50a-2005, §9; Ord. No.
10, 2007, §2; Ord. No. 27-2010, §4; Ord. No.34-2011, §18; Ord. No.25-2012, §3; Ord.
No.20-2015, §8; Ord. No. 23, 2017, §9-11)
City of Aspen Land Use Code
Part 700, CL zone
Page 3
26.710.220 Conservation (C).
A. Purpose. The purpose of the Conservation (C) Zone District is to provide areas of
low density development to enhance public recreation, conserve natural resources, encourage
the production of crops and animals and to contain urban development.
B. Permitted uses. The following uses are permitted as of right in the Conservation (C)
Zone District:
1. Detached residential dwelling.
2. Park, playfield, playground and golf course.
3. Riding stable.
4. Cemetery.
5. Crop production orchards, nurseries, flower production and forest land.
6. Pasture and grazing land.
7. Dairy.
8. Fishery.
9. Animal production.
10. Husbandry services (not including commercial feedlots) and other farm and
agricultural uses.
11. Railroad right-of-way, but not a railroad yard.
12. Home occupations.
13. Accessory buildings and uses.
14. Accessory dwelling units meeting the provisions of Section 26.520.040.
15. Temporary special events associated with ski areas including, but not limited to, such
events as ski races, bicycle races and concerts; with Special Event Committee
approval.
C. Conditional uses. The following uses are permitted as conditional uses in the
Conservation (C) District, subject to the standards and procedures established in Chapter
26.425.
1. Guest ranches.
2. Recreational uses including a riding academy, stable, club, country club and golf
course.
3. Ski lift and other ski facilities.
4. Sewage disposal area.
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Part 700, C zone
Page 1
5. Water treatment plant and storage reservoir.
6. Electric substations and gas regulator stations (not including business or
administration offices).
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Conservation (C) Zone District.
1. Minimum Gross Lot Area (acres): 10.
2. Minimum Net Lot Area per dwellingunit acres : 10
3. Minimum lot width feet : 400.
4. Minimum front and setback feet : 100.
5. Minimum side and setback feet : 30.
6. Minimum rear yard setback (feet : 30.
7. Maximum hei ht: twenty-five (25) feet.
8. Minimum distance between principal and accessoKybuildings feet : No requirement.
9. Percent of open ace re aired for buildin site: No requirement.
10. External floor area ratio: (applies to conforming and nonconforming lots of record):
same as R-15 Zone District.
(Ord. No. 32-1999, § 2; Ord. No. 56-2000, §§ 4, 7 [per], 14; Ord. No. 25-2001, §§ 3, 5 [part];
Ord. No. 13-2005, § 4; Ord. No. 27-2010, §4)
City of Aspen Land Use Code
Part 700, C zone
Page 2
26.710.230 Academic (A).
A. Purpose. The purpose of the Academic (A) Zone District is to establish lands for
education and cultural activities with attendant research, housing and administrative facilities.
All development in the Academic Zone District shall be in compliance with a Final Planned
Development approval granted pursuant to the provisions of Chapter 26.445, Planned
Development.
B. Permitted uses. The following uses are permitted as of right in the Academic (A)
Zone District:
Private school or university, teaching hospital, research facility or testing laboratory,
provided that such facilities are enclosed and there are no adverse noise or
environmental effects.
2. Auditorium and other facilities for performances and lectures.
3. Gallery;
4. Museum;
5. Library;
6. Administrative offices.
C. Conditional uses. The following uses are permitted as conditional uses in the
Academic (A) Zone District, subject to the standards and procedures established in Chapter
26.425.
1. Boardinghouse and dormitory for housing students and faculty of schools and other
academic institutions;
2. Student health care facility; and
3. Student and faculty dining hall.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Academic (A) Zone District shall be set by the adoption
of a Final Planned Development approval granted pursuant to the provisions of Chapter 26.445,
Planned Development.
(Ord. No.36-2013, §18)
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Part 700, A zone
Page 1
26.710.240 Park (P).
A. Purpose. The purpose of the Park (P) Zone District is to ensure that land intended for
recreation use is developed so as to serve its intended use, while not exerting a disruptive
influence on surrounding land uses.
1. When a Park (P) Zone District is designated with a Transportation Overlay (T) Zone
District designation, its purpose is to provide for the use of for both parks and public
transportation facilities in the most compatible manner practicable, but with the park
character remaining dominant.
2. When a Park (P) Zone District is designated with a Drainage Overlay (D) Zone
District designation, its purpose is to provide for the use of both park and drainage
system facilities in the most compatible manner practicable, with the park character
remaining dominant.
3. When the Park (P) Zone District is designated both with the Transportation Overlay
(T) Zone District and the Drainage Overlay (D) Zone District, its purpose is to provide
for the use of parks, public transportation facilities and drainage system facilities in
the most compatible manner practicable, with the park character remaining dominant.
4. When the Park (P) Zone District is designated Golf Course Support (GCS) Overlay
Zone District, its purpose is to provide for the use of public golf courses and adjacent
support facilities in the most compatible manner practicable, with the park character
remaining dominant.
B. Permitted uses. The following uses are permitted as of right in the Park (P) Zone
District:
1. Open -use recreational facility, park, playfield, playground, swimming pool, golf
course, riding stable, nursery, botanical garden; and
2. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as conditional uses in the Park
(P) Zone District, subject to the standards and procedures established in Chapter 26.425:
1. Recreation building.
2. Sporl shop.
3. Restaurant facility.
4. Park maintenance building.
5. Farmers' market, as defined in Section 26.04.100, provided:
a. It operates no more than two (2) days per week, unless modified by the
Commission under the conditional use review;
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Part 700, P zone
Page 1
b. It opens to the public no earlier than 7 a.m. and closes no later than 2
p.m., unless modified by the Commission under the conditional use
review; and
c. It shall be limited to those weeks that fall between the first Saturday in
June and the weekend following the Thanksgiving holiday, inclusive,
unless modified by the Commission under the conditional use review.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Park (P) Zane District shall be set by the adoption of a
Final Planned Development approval granted pursuant to the provisions of Chapter 26.445,
Planned Development.
(Ord. No. 36-2013, § 19)
City of Aspen Land Use Code
Part 700, P zone
Page 2
26.710.250 Public (PUB).
A. Purpose. The purpose of the Public (PUB) Zone District is to provide for the
development of governmental, quasi -governmental and nonprofit facilities for cultural,
educational, civic and other nonprofit purposes.
B. Permitted uses. The following uses are permitted as of right in the Public (PUB)
Zone District:
1. Library;
2. Museum;
3. Post office;
4. Hospital;
5. Essential governmental and public utility uses, facilities, services and buildings
(excluding maintenance shops);
6. Public transportation stop;
7. Terminal building and transportation -related facilities;
8. Public surface and underground parking areas;
9. Fire station;
10. Public and private school;
11. Public park;
12. Arts, cultural and recreational activities, buildings and uses;
13. Accessory buildings and uses;
14. Public and private nonprofit uses providing a community service; and
15. Child care center.
C. Conditional uses. The following uses are permitted as conditional uses in the Public
(PUB) Zone District, subject to the standards and procedures established in Chapter 26.425.
1. Maintenance shop.
2. Affordable housing.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Public (PUB) Zone District shall be set by the adoption
of a Final Planned Development approval granted pursuant to the provisions of Chapter
26.445, Planned Development.
(Ord. No. 42-2000, § 2; Ord. No. 36-2013, §20)
City of Aspen Land Use Code
Part 700, PUB zone
Page 1
26.710.260 Open Space (OS).
A. Purpose. The purpose of the Open Space (OS) Zone district is to preserve, protect
and enhance lesser developed or undeveloped areas within the City containing unique
naturally occurring or manmade landscape features which provide visual relief and enjoyment
while reflecting or presenting community artistic or architectural statements. Development in
the Open Space (OS) Zone District should emphasize and be consistent with the natural
dynamic state of the land and minimize disruption of existing natural conditions.
B. Permitted uses. The following uses are permitted as of right in the Open Space (OS)
Zone District:
1. Paved and unpaved walkways.
2. Benches.
3. Sculpture.
4. Water features such as ponds, streams or fountains.
5. Architectural lighting and downcast low -illumination lighting for walkways and trails.
6. Sculptured or manicured landscape features.
7. Fencing.
C. Conditional uses. None.
City of Aspen Land Use Code
Part 700, OS zone
Page 1
26.710.270 Wildlife Preservation (WP).
A. purpose. The purpose of the Wildlife Preservation (WP) Zone District is to secure
and protect undeveloped or less developed areas within the City from traditional development
activities so as to provide for the nurturing and preservation of naturally occurring vegetation,
topography, wildlife and wildlife habitat while permitting controlled and limited human use
and activities.
B. Permitted uses. The following uses are permitted as of right in the Wildlife
Preservation (WP) Zone District:
1. Unpaved walkways and trails.
2. Benches.
3. Pedestrian bridges.
C. Conditional uses. The following uses are permitted as conditional uses in the
Wildlife Preservation (WP) Zone District, subject to the standards and procedures established
in Chapter 26.425:
1. Paved walkways and trails.
2. Fencing.
3. Downcast low -illumination lighting for walkways and trails.
City of Aspen Land Use Code
Part 700, WP zone
Page 1
26.710.280 Transportation Overlay (T) Zone District.
A. Purpose. The purpose of the Transportation Overlay (T) Zone District is to provide
for the uses necessary to accommodate the public transportation needs of the City, including
the bus system, public parking and similar uses.
B. Permitted uses. The following uses are permitted as of right in the Transportation
Overlay (T) Zone District:
1. Public transportation facilities, including bus stops and other transit stops.
2. Terminal buildings.
3. Transportation information and other service related facilities.
4. Public underground parking structures.
5. The permitted uses of the underlying Zone District.
C. Conditional uses. There are no uses permitted as conditional uses in the
Transportation Overlay (T) District, except the conditional uses of the underlying Zone
District.
D. Dimensional requirements. The dimensional requirements for all uses in the
Transportation Overlay (T) Zone District, sliall be the dimensional requirements established
for those uses in the underlying Zone District.
City of Aspen Land Use Code
Part 700, T zone
Page 1
26.710.290 Drainage Overlay (D) Zone District.
A. Purpose. The purpose of the Drainage Overlay (D) Zone District is to provide for the
uses necessary to accommodate the water draining from Aspen Mountain, as well as to retain
the drainage discharging from the City's drainage system.
B. Permitted uses. The following uses are permitted as of right in the Drainage Overlay
(D) Zone District:
1. All uses required by the City Runoff Management Plan, including conduits, swales,
retention ponds and appurtenances.
2. The permitted uses of the underlying Zone District.
C. Conditional uses. There are no uses permitted as conditional uses in the Drainage
Overlay (D) Zone District, except the conditional uses allowed in the underlying Zone
District.
D. Dimensional requirements. The dimensional requirements for all uses in the
Drainage Overlay (D) Zone District shall be the dimensional requirements established for
those uses in the underlying Zone District.
City of Aspen Land Use Code
Part 700, D zone
Page 1
26.710.300 Golf Course Support Overlay (GCS) Zone District.
A. Purpose. The purpose of the Golf Course Support Overlay (GCS) Zone district is to
provide for the uses necessary to support the City Golf Course and to permit such other uses
as may be required for the facility on a year round basis.
B. Permitted uses. The following uses are permitted as of right in the Golf Course
Support Overlay (GCS) Zone District:
1. Lodge;
2. Conference facilities;
3. Restaurant and bar;
4. Sport shop;
5. Golf and maintenance facilities;
6. Active recreational facilities such as tennis courts and swimming pools;
7. Housing for lodge employees;
8. Parking lot; and
9. The permitted uses of the underlying Zone District.
C. Conditional uses. There are no uses permitted as conditional uses in the Golf Course
Support Overlay (GCS) Zone District, except the conditional uses of the underlying Zone
District.
D. Dimensional requirements. The dimensional requirements for all uses in the Golf
Course Support Overlay (GCS) Zone District shall be the dimensional requirements
established for those uses in the underlying Zone District.
City of Aspen Land Use Code
Part 700, GCS zone
Page 1
26.710.310 Lodge Overlay (LO) Zone District.
A. Purpose. The purpose of the Lodge Overlay (LO) Zone District is to provide for
lodge uses and Short-term Rentals in areas of the City suitable for lodge accommodations but
which lie in predominantly residential neighborhoods or where there are limitations on
development that necessitate the permitted density to be significantly less than that in the
City's other lodge Zone Districts.
B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay
(LO) Zone District:
1. The uses permitted in the underlying zone district.
2. Hotel or lodge.
3. Timeshare lodge.
4. Exempt timesharing.
5. Bed and breakfast.
6. Offices and activities accessory to timeshare unit sales (see Chapter 26.590).
7. Conference facilities.
8. Uses associated with outdoor recreation facilities and events.
9. Accessory uses and structures. (Food service for on -site lodge guests is an accessory
use.)
10. Storage accessory to a permitted use.
11. Deed -Restricted Affordable Housing accessory to a lodging or timeshare operation
and for employees of the operation.
12. Affordable multi -family housing (as a single use)
13. Free-market multi -family housing.
14. Short-term Rentals. Pursuant to Section 26.530.
C. Conditional uses. The following uses are permitted as conditional uses in the Lodge
Overlay (LO) Zone District, subject to the standards and procedures established in Chapter
26.425:
1. The uses allowed as conditional uses in the underlying zone district.
2. Restaurant.
3. Lodge, Boutique.
D. Dimensional requirements. The dimensional requirements for all uses in the Lodge
Overlay (LO) Zone District shall be the dimensional requirements established for those uses
City of Aspen Land Use Code
Part 700, LO zone
Page 1
in the underlying zone district. Where no specific dimensions have been established for the
use, the permitted dimensions shall be limited to that of a single-family residence or multi-
family residences where such uses are permitted in the underlying zone district. Upon
consideration of the neighborhood compatibility and the dimensional requirements of
surrounding zone districts, the dimensional requirements may be established pursuant to
Chapter 26.445 - Planned Development.
As part of the PD review, an adjustment of the "density standard" may be approved, and the
project shall remain qualified for the growth management incentives associated with this
standard. The review shall consider the following criteria:
1. The density standard may be amended by a maximum of 20% to one lodge unit per
600 square feet of Gross Lot Area. An adjustment in excess of this increase may be
approved through adoption of a PD plan, but the project shall no longer be qualified
for the associated incentives.
2. The project includes a generous amount of non -unit space, amenities and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
The amount of associated free-market residential floor area to be included in a lodging project
shall be as defined in the Lodge (L) Zone District, Subparagraph 26.710.190.D.I La.5.
E. Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Lodge Overlay (LO) zone district on January I; 2015, is subject to the
provisions of Article XIII Section 13.14, Voter authorization of certain land use approvals, of
the City of Aspen Charter.
(Ord. No. 9-2005, §3; Ord. No. 10, 2007, §3; Ord. No.34-2011, §19; Ord. No.20-2015, §9;
Ord. No. 23, 2017, § 12)
City of Aspen Land Use Code
Part 700, LO zone
Page 2
26.710.320 Lodge Preservation Overlay (LP) Zone District.
A. Purpose. The purpose of the Lodge Preservation (LP) Overlay Zone District is to
provide for and protect small lodge uses on properties historically used for lodge
accommodations, to permit redevelopment of these properties to accommodate lodge and
affordable housing uses, to provide uses accessory and normally associated with lodge and
affordable housing development, to permit Short-term Rentals of residential units, to
encourage development which is compatible with the neighborhood and respective of the
manner in which the property has historically operated and to provide an incentive for
upgrading existing lodges on site or onto adjacent properties.
B. Permitted uses. The following uses are permitted as of right in the Lodge
Preservation (LP) Overlay Zone District:
1. The uses permitted in the underlying zone district.
2. Hotel or lodge.
3. Timeshare lodge.
4. Exempt timesharing.
5. Bed and breakfast.
6. Dormitory.
7. Offices and activities accessory to timeshare unit sales (see Chapter 26.590).
8. Conference facilities.
9. Uses associated with outdoor recreation facilities and events.
10. Accessory uses and structures. (Food service for on -site lodge guests is an accessory
use.)
11. Storage accessory to a permitted use.
12. Affordable housing accessory to a lodging or timeshare operation and for employees
of the operation.
13. Affordable multi -family housing (as a single use)
14. Free-market multi -family housing.
15. Short-term Rentals. Pursuant to Section 26.530.
C. Conditional uses. The following uses are permitted in the Lodge Preservation (LP)
Overlay Zone District, subject to the standards and procedures established in Chapter 26.425
of this Code:
1. The uses allowed as conditional uses in the underlying zone district.
2. Restaurant.
City of Aspen Land Use Code
Part 700, LPO zone
Page 1
3. Lodge, Boutique.
D. Dimensional requirements. The dimensional requirements for all uses in the Lodge
Preservation (LP) Overlay Zone District shall be the dimensional requirements established for
those uses in the underlying zone district. Where no specific dimensions have been
established for the use, the permitted dimensions shall be limited to that of a single-family
residence or multi -family residences where such uses are permitted in the underlying zone
district. Upon consideration of the neighborhood compatibility and the dimensional
requirements of surrounding zone districts, the dimensional requirements may be established
pursuant to Chapter 26.445 - Planned Development.
As part of the PD review, an adjustment of the "density standard" may be approved, and the
project shall remain qualified for the growth management incentives associated with this
standard. The review shall consider the following criteria:
1. The density standard may be amended by a maximum of 20% to one lodge unit per
600 square feet of Gross Lot Area. An adjustment in excess of this increase may be
approved through adoption of a PD plan, but the project shall no longer be qualified
for the associated incentives.
2. The project includes a generous amount of non -unit space, amenities and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
The amount of associated free-market residential floor area to be included in a lodging project
shall be as defined in the Lodge (L) Zone District - Section 26.710.190.D.I La.5.
& Compliance with City of Aspen Charter. Any property located east of the Castle Creek
River that was in the Lodge Preservation Overlay (LP) zone district on January 1, 2015, is
subject to the provisions of Article XlH Section 13.14, Voter authorization of certain land
use approvals, of the City of Aspen Charter.
(Ord No. 39-1999, §6; Ord. No. 41-1999, §§8, 9; Ord. No. 21-2002, §§3, 5, 6 [part]; Ord. No.
9-2005, §4; Ord. No. 10, 2007, §4; Ord. No.34-2011, §20; Ord. No.20-2015, §10; Ord. No. 23
2017, §13)
City of Aspen Land Use Code
Part 700, LPO zone
Page 2
26.710.330 Ski Area Base (SKI).
A. Purpose. The purpose of the Ski Area Base (SKI) Zone District is to provide for areas
which allow for a mixture of uses related to ski area uses and operations including, skiing and
appurtenant uses and structures, ski area administrative offices, recreation, lodge/hotel, retail,
restaurant and bar uses, tourist -oriented service uses, residential uses, and Short-term Rentals.
It is intended that this Zone District will apply to areas located at the base of ski areas and all
development within this district will be master planned through a planned development (PD)
process.
B. Permitted uses. The following uses are permitted as of right in the Ski Area Base
(SKI) Zone District:
1. Alpine and Nordic ski areas, related uses and support facilities typically associated
with the uses and operations of ski areas.
2. Lodge units.
3. Hotel.
4. Multi -family dwellings — Free Market and Affordable.
5. Detached residential or duplex dwellings.
6. Dining rooms, customary accessory commercial uses, laundry and recreational
facilities located on the same site of and for guests of lodge units, hotels and dwelling
units.
7. Accessory residential dwellings restricted to Affordable Housing Guidelines and
Section 26.520.040.
8. Ski area administrative offices.
9. Restaurants and bars.
10. Special events associated with ski areas including such events as ski races, bicycle
races and concerts; with special event committee review.
11. Parks, outdoor recreational uses and trails.
12. Recreational facility.
13. Retail establishments.
14. Public transportation stop.
15. Terminal building and transportation related facilities.
16. Medical clinic accessory to the ski area.
17. Fire, police and emergency services facilities.
18. Accessory buildings and uses.
City of Aspen Land Use Code
Part 700, SKI zone
Page 1
19. Outdoor vendor carts or areas for food and beverages sales and preparation.
20. Timeshare lodge.
21. Exempt timesharing.
22. Short-term Rentals. Pursuant to Section 26.530
C. Conditional uses. The following uses are permitted as conditional uses in the Ski
Area Base (SKI) Zone District, subject to the standards and procedures established in Chapter
26.425:
1. Daycare center.
2. Offices, business.
3. Public and private surface and underground parking areas.
4. Essential governmental and public utility uses, facilities, services and buildings
(excluding maintenance shops).
5. Post office substation.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Ski Area Base (SKI) Zone District shall be set by the
adoption of a final development plan, pursuant to Chapter 26.445, of planned development.
E. Signs. Signs within the Ski Area Base (SKI) Zone District shall be subject to the
provisions of Chapter 26.510, Signs. A sign master plan may be approved in conjunction
with a PD review process allowing for the establishment of dimensional and quantity sign
standards for the PD.
(Ord. No. 35-2000, §1; Ord. No. 21-2002 §§5, 6 [part]; Ord. No.34-2011, §21)
City of Aspen Land Use Code
Part 700, SKI zone
Page 2
26.710.340 Essential Business Overlay (EBO) Zone District.
A. Purpose. The purpose of the Essential Business Overlay (EBO) Zone District is to encourage
businesses that accommodate the basic consumer needs of Aspen residents and visitors. The EBO provides
alternative use standards from the underlying zoning to allow redevelopment to create spaces useful to
locally serving, non-traditional or other uses not anticipated in the zoning code. The EBO also provides
opportunities for public -private partnerships, where agencies and developers partner to create useful, non-
traditional spaces, including live -work, business incubators and other mixed -use development models. This
zone is a voluntary overlay that may be applied to properties in the S/C/I and NC zones to enable quality
redevelopment and achieve desired use and design outcomes. The EBO is applied through the rezoning
process. Approval is contingent upon meeting the criteria in Section 26.310.
B. Permitted and conditional uses.
1. Permitted Uses: Those allowed in the underlying zone district. In addition, General Retail uses,
Service/Commercial/Industrial uses, Service uses, and farmer's markets are permitted uses.
2. Conditional Uses: Those allowed as conditional uses in the underlying zone district, as well as
restaurant, bar, and entertainment uses for the SCI zone district.
3. Residential uses are not permitted in the EBO Zone, unless the uses are accessory to a commercial
use on the property or part of a live -work arrangement where the predominant uses on the site are
commercial, and the uses are approved as a condition of rezoning (see subsection C.2 below). The
EBO zone may not be applied to an existing residential use, unless the applicant for rezoning enters
into a binding commitment to demolish or redevelop the residential uses for a use permitted in the
EBO Zone, or the residential use is approved as part of the rezoning.
C. Dimensional requirements. The dimensional requirements for all uses in the Essential Business
Overlay (EBO) Zone District shall be the dimensional requirements established for those uses in the
underlying zone district, except as provided below.
1. The following dimensional standards apply:
Minimum Gross Lot Area (square feet):
No requirement.
Minimum Net Lot Area per dwelling unit
No requirement.
(square feet):
Minimum lot width feet :
No requirement.
Minimum front yard setback (feet):
No requirement.
Minimum side and setback (feet):
No requirement.
Minimum rear yard setback (feet):
No re uirement.
Minimum Utili ITrashlRec cle area:
Pursuant to Chapter 12.06.
Maximum height:
Limited to underlying zoning.
Minimum distance between buildings on the
No requirement.
lot (feet):
Pedestrian AmeniV Space.
Pursuant to Section 26.412.
Floor Area Ratio FAR
Limited to underlying zoning.
Minimum Commercial FAR
1:1
2. The applicant may apply for alternative dimensional requirements as a condition of rezoning,
taking into consideration neighborhood compatibility and the dimensional requirements of
surrounding zone districts. Under no circumstances shall the overall FAR allowed in the
underlying zone district be exceeded. In addition, no reductions in required mitigation may be
requested through the EBO rezoning.
D. Transportation and Parking Management. See Chapter 26.515, except that the maximum
spaces allowed (Section 26.515.040.E, Table 26.515-1) do not apply to the EBO district.
(Ord. No. 29, 2016, §6)
Section 14:
The Residential Demolition and Redevelopment Standards shall be adopted as follows:
Residential Demolition and Redevelopment Standards
Purpose: The City of Aspen has various sustainability, affordable housing, and construction policies and
goals to address the impacts of construction acid development. The Residential Demolition and
Redevelopment Standards supplement existing policies in the Aspen Municipal Code, stated goals of the
City of Aspen City Council, and community goals as stated in the Aspen Area Communitv Plan to ensure
residential construction activity for single family and duplex residential development is meeting regulatory
requirements, community expectations, and resulting in high quality design.
Intent: The intent of the Residential Demolition and Redevelopment Standards is to ensure complex
projects with significant community, construction, and environmental impacts are designed in a manner
that mitigates those impacts. The standards seek to ensure that projects reduce environmental impacts,
energy consumption, and carbon footprint. Single-family and duplex residential structures should be
designed in a way that exceeds industry standards in building performance. The design and ongoing
operations of these structures should:
• Reduce reliance on sources of energy that rely on fossil fuels,
• Source sustainable materials,
• Implement smart technology to reduce operational energy demands,
• Support the implementation of fully electric heating and cooling systems,
• Reduce the demands of luxury loads (including audio visual systems, lighting, security systems,
snowmelt, etc.),
• Offset carbon or energy demands through onsite energy production,
• Reduce water consumption, and
• Divert waste from the landfill by reusing and recycling materials.
Where no specific or applicable rules, regulations or standards appear to be set forth in the Residential
Demolition and Redevelopment Standards, other rules, regulations, standards, guidelines, and
recommended practices, as published by professional associates, technical organizations, model code
groups, and similar entities, may be used by the City for guidance.
Adoption of Residential Demolition and Redevelopment Standards: Pursuant to the powers and
authority conferred by the Charter of the City, the City Council hereby adopts and incorporates by reference
redevelopment standards, hereinafter referred to as the Residential Demolition and Redevelopment
Performance Standards, which are incorporated by reference into the City of Aspen Land Use Code. The
Residential Demolition and Redevelopment Standards set forth the design parameters to ensure residential
redevelopment improves solid waste diversion, increases the energy efficiency of structures, and reduces
negative impacts of construction. The Residential Demolition and Redevelopment Standards may be
amended, updated, and expanded from time to time by City Council Resolution. The Residential Demolition
and Redevelopment Standards shall be available for public inspection on the Community Development
Department's web page. Projects that are pursuing a Demolition Allotment as described in Section
26.470.090.0 will be reviewed according to these standards.
(Ord. 13, Series of 2022).
Applicability: These Residential Demolition and Redevelopment Standards shall be used to evaluate
projects that trigger Demolition as defined by Section 26.104.100 and Section 26.580 of the Land Use Code.
These Residential Demolition and Redevelopment Standards shall be the basis for determining a project's
compliance with the review criteria for projects requesting a Demolition allotment pursuant to Land Use
Code Section 26.470.090.C. A project must meet the Residential Demolition and Redevelopment Standards
in effect at the time the land use application is deemed complete.
Review Authority: The Community Development and Engineering Departments, or designee, is
authorized to enforce the rules and regulations contained in the Residential Demolition and Redevelopment
Standards in order to carry out the intent of the standards and requirements of the Municipal Code.
Exemptions: The Community Development Director may exempt the following development activities
from a portion or all of the requirements below:
1. The property is a Historically Designated landmark and compliance with some, or all, of the
requirement of these standard is not practical. If this is the case, at the discretion of the Community
Development Director, with a recommendation from the Historic Preservation Officer, some or all
requirements may be exempted from a project. The applicant must provide a report and summary
of what requirements cannot be met, identify the specific constraint, and alternative design elements
that are proposed to offset the lack of compliance. Alternatives could include improved thermal
envelopes, energy efficient equipment, additional renewable energy offsets, etc.
2. Projects where 100% of the units are currently, or proposed to be, deed restricted with the Aspen
Pitkin County Housing Authority.
3. When a project proposes to demolish and revegetate a site, with no new development proposed, the
demolition of the structure is subject to waste diversion requirements, but any requirements
applicable to the new structure may be waived. An approved demolition and revegetation permit is
required. Upon redevelopment of the site with a new structure, the new structure will be subject to
the requirements of Section 26.580 and Section 26.470.090.C, as amended and subject to vesting
requirements of the code. All timing and code requirements will be memorialized as a condition of
approval.
Requirements: Projects that trigger Demolition and are seeking a Demolition allotment pursuant to Section
26.470.090.0 must satisfy the following required Performance Elements prior to building permit issuance
and will be included as a condition of approval:
1. Waste Diversion: All projects are required to source separate non -hazardous waste materials and
divert a minimum of 35%, by weight, from the landfill. Materials may be salvaged or recycled to
meet the waste diversion requirements. This will be included as a condition of approval to be met
prior to building permit issuance and prior to final inspection, and shall be documented in the
Construction Management Plan.
A. Recyclable/diverted materials may include:
i. Asphalt,
ii. Clean concrete,
iii. Metals,
iv. Wood,
v. Single stream recyclables,
vi. Gypsum board, and/or
vii. Carpet.
A final determination of actual recyclable materials will be based on the local recycling
facility capability.
B. A construction waste management plan may include salvage for resale, salvage and reuse
(on or off site), recycling, and/or disposal.
C. The project must track all waste materials by type through the Green Halo System. All waste
must be quantified by weight or volume, but the same units of measure must be used through
the project.
D. All waste generated by the project that is to be included as diverted waste to meet the
minimum diversion requirements shall be recycled at the Pitkin County Landfill, or another
approved recycling facility as approved by the Construction Mitigation Officer.
E. A Waste Management Plan shall be included as part of the Construction Management Plan
to be approved prior to building permit issuance.
i. Waste reduction calculations, including anticipated rates for salvage, recycling, and
disposal as a percentage of total waste generated by the work, using the Green Halo
system. The waste management plan must indicate anticipated types and quantities
of demolition and construction waste generated by the work, including estimated
quantities and assumptions.
ii. Plan implementation: The project must maintain logs of each load including:
1. Type of load,
2. Load weight,
3. Name of hauling service,
4. Landfill or recycling center, and
5. Date accepted by the recycling center or landfill.
iii. A final waste diversion report shall be submitted as part of the Final Inspections for
the project prior to issuance of a Certificate of Occupancy.
1. The final waste diversion report shall include recycling and processing
facility records that indicate acceptance of recyclable waste by recycling and
processing facilities, and other records including sales and donations as
applicable and required to substantiate conformance with waste diversion
requirements.
2. Embodied Carbon: Environmental Product Declaration (EPD) Disclosure. Product -specific Type
III EPDs shall be submitted for 50% of steel and concrete. EPDs used for compliance with this
section shall be certified as complying with the goal and scope for the cradle -to -gate requirements
in accordance with ISO Standards 14025 and 21930 and be available in a publicly accessible
database.
3. Energy Reporting: All projects that trigger Demolition are subject to Section 8.60 — Building IQ of
the Aspen Municipal Code and shall follow the requirements for a "Non -City Covered Property."
The Single -Family and Duplex structures subject to these Redevelopment Requirements shall
comply with the requirements of the Multi -Family Residential structures over 15,000 square feet.
This will be included as a condition of approval. This requirement shall supersede the applicability
statements in Section 8.60.030 and the exceptions listed in Section 8.60.020.M, as amended.
4. Building Energy Performance: Projects shall comply with the requirements of the Supplemental
Building Code requirements attached as Appendix A to the Residential Demolition and
Redevelopment Standards.
5. Engineering: In addition to compliance with all applicable requirements of the URMP, CMP, and
the Engineering Design Standards, the project shall meet the following requirement:
A. Runoff from 50% of the site impervious area shall be treated in above grade sustainable Best
Management Practices (BMPs) such as bioretention areas, pervious pavers, tree canopy,
grass buffer or other approved above grade BMPs as outlined in the URMP. 50% of the site's
impervious area is permitted to be treated in subsurface BMPs.
Alternative Compliance: A project may request variations from these standards if the Planning and Zoning
Commission makes a determination the project meets the review criteria for Special Review (Section
26.430.040.J).
Amendments: Any future amendments to the Residential Demolition and Redevelopment Standards shall
be made by City Council via Resolution.
Violations and Penalties: Any person violating any provision of these standards may be punished by a
fine, imprisonment or both a fine and imprisonment, as set forth in Section 1.04.080 of the City of Aspen
Municipal Code. Each day any violation of this Chapter shall continue shall constitute a separate offense.
Appendix A:
RESIDENTIAL DEMOLITION ALLOTMENT
MIXED FUEL LOW CARBON APPENDIX
Residential demolition allotment new one- and two-family dwellings shall comply with the 2015 Building Codes as adopted by
the City of Aspen with the following amendments. These amendments shall not apply to additions or renovations. This
document will be replaced by the 2021 Building Codes when and as adopted by the City of Aspen.
INTERNATIONAL ENERGY CONSERVATION CODE
SECTION C408
SYSTEM COMMISSIONING
C408.1 General. This section covers the commissioning of the building mechanical systems such as heating, cooling
ventilation, and snowmelt '
C408.2 Mechanical systems and service water -heating systems commissioning and completion requirements.
Prior to the final mechanical and plumbing inspections, the registered design professional or approved agency shall provide
evidence of mechanical systems commissioning and completion in accordance with the provisions of this section.
Construction document notes shall clearly indicate provisions for commissioning and completion requirements in accordance
with this section and are permitted to refer to specifications for further requirements. Copies of all documentation shall be
given to the owner or owner's authorized agent and made available to the code official upon request in accordance with
Sections C408.2.4 and C408.2.5.
R202 Definitions
APPLIANCE. A device or apparatus that is manufactured and designed to utilize energy and for which this code provides
specific requirements.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, service water heating, cooking, clothes
drying, or lighting that uses fuel gas or fuel oil.
ELECTRIC VEHICLE (EV). An automotive -type vehicle for on -road use, such as passenger automobiles, buses, trucks,
vans, neighborhood electric vehicles, electric motorcycles, and the like, primarily powered by an electric motor that draws
current from a rechargeable storage battery, a fuel cell, a photovoltaic array, or another source of electric current. Plug-in
hybrid electric vehicles are electric vehicles having a second source of motive power. Off -road, self propelled electric mobile
equipment, such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats and the
like, are not considered electric vehicles.
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). The conductors, including the ungrounded, grounded, and
equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power
outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric
vehicle.
EQUIPMENT. Piping, ducts, vents, control devices and other components of systems other than appliances that are
permanently installed and integrated to provide control of environmental conditions for buildings. This definition shall also
include other systems specifically regulated in this code.
EV-READY SPACE. A parking space that is provided with an electrical circuit capable of supporting an installed EVSE.
SOLAR -READY ZONE. A section or sections of the roof or building overhang designated and reserved for the future
installation of a solar photovoltaic or solar thermal system.
R401.2 Compliance. New projects shall comply with R401 through R404.
TABLE R402.1.2
INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT
WALL
WOOD MASS BASEMENT" SLAB" CRAWL
CLIMAT FENESTRATION SKYLIGHT" GLAZED CEILING FRAM FLOOR SPACE
FENESTRATION WALL WALL R-
E U-FACTOR U-FACTOR SHGC"•` R-VALUE E R-VALUE" R-VALUE R-VALUE VALUE WALL
ZONE & R-VALUE
R-VALUE° DEPTH
20 5ei 0
t c,.: ,.- t ct ,.- 156 or tct
0490.22 9 S3 NR 49 '� :�_ 19 38 , z' "` l Oci, 4 ft
or- 13
0.44 60 34+12ci or 25ci 3e1
20 + 206 20ci or 5 +
or
13 + 25ci
15ci or l3
+ 1 Oci
20ci or 5
+ 15ci or
or
13 + 1 Oci
0+35ci
d.
spaces including admacent garages, entries, and parehmThe slab -edge insulation for heated slabs shall not be required to_sxtend below the slak
TABLE R402.1.4
EQUIVALENT U-FACTORS.
WOOD
BASEMENT
CRAW
CLIMAX
FENESTRATION
SKYLIGHT
CEILING
FRAM MASSWALL
FLOOR
WALL
L
E ZONE
U-FACTOR`
U-FACTOR
U-FACTOR
U-FACTOR"
U-FACTOR
U-FACTOR
SPACE
WALL
WALL
U-FACTOR
U-FACTOR
7
0-.M 0.22
4.5
0 026
0.045
0.05?
0.028
0.050
0.055
0.44
0.018,
0.026
0.036
1
0.044
0.044
d. Ceifines wi
attics may use an
m ivalcnt U-
factor of0.024.
R402.1.5 "Total UA Alternative"
a. If the total building thermal envelope UA (sum of U-factor times assembly area) is less than or equal to the total UA
resulting from using the U-factors in Table R402.1.4, as amended, (multiplied by the same assembly area as in the
proposed building), the building shall be considered in compliance with amended Table R402.1.2. The UA calculation
shall be done using a method consistent with the ASHRAE Handbook of Fundamentals and shall include the thermal
bridging effects of framing materials. The SHGC requirements shall be met in addition to UA compliance.
b. If using REScheck software to show compliance with this alternative path for the 2015 edition of the code, the
proposed design must be a minimum of 2-OA 30% more efficient than the standard reference design in order to
accommodate the amended prescriptive Fenestration U-factor.
R402.3.6 Maximum area. The vertical fenestration area, not including opaque doors and opaque spandrel panel& shall be nat
greater than 30 percent of the ross above grade wall area. The skylight area shall be not greater than 3 percent of the gross
roof area.
R402.4.1.2 Testing. The buildingor dwelling unit small be tested for air leakage. The maximum air leakage rate for any
building or dwelling unit shall not exceed 1.5 air changes per hour. Testing shall be conducted in accordance with
ANSIIRESNETIICC 380, ASTM E779 or ASTM E1827 and reported at a pressure of 0.2 inch w.g. 50 Pascals). Where
required by the code official. testing shall be conducted by an approved third party. A written report of the results of the test
shall be signed by the party conducting the test and provided to the code -official. Testing shall be performed at any time after
creation of all penetrations of the building thermal envelope have been seated.
R403.5 Service hot water systems. Energy conservation measures for service hot water systems shall be in accordance with
Sections R403.5.1 and R403.5.4 through R403.5.5.
R403.5.5 Combustion service hot water heating. Combustion Wut,2ment may not be used for service hot water heating
unless the following conditions are met.
1. The service hot water system shall comply with the provisions of C408, and
2. Each piece of equipment shall be provided with the followinw,
a. A condensate drain that is no more than 2 inches higher than the base of the installed water heater and
allows natural draining without pump assistance shall be installed within 3 feet of the water heater.
b. A dedicated, appropriately phased branch circuit(s) that shall have a minimum amperage requirement
for comparable heat purnp(s) and. if specified in the design, supplemental electric resistance heat
service water heating cgpacjjy and recove1y. term inating within 3 feet of the water heater with no
obstructions. Both ends of the branch circuits shall be labeled with the words "For Future Electric
Service Water Heating" and be electrically isolated.
c. The a ui ment shall be installed in a space sized to fit future a uivalent electric heat um s and if
specified in the design, supplemental electric resistance heat water beating equipment or a minimum 3
feet by 3 feet by 7 feet high (irger.
d. Water heaters shall be installed in a s ace with a minimum volume of 700 cubic feet or with the
h b 24-inch rill to a heated space and one 8-inch duct of no more than 10 feet
e uivalent of one 16-inc
in length for cool exhaust air.
R403.6.2 Heat or eneW recovery ventilation. Dwelling units shall be pLovided with a heat recovery RV or enemy
recove (ERV) ventilations stem_ The system shall be balanced to within 10% of the average supply and exhaust rates.
Minimum HRV and ERV re uirements measured at the lowest tested net su12V1 airflow shall be greater than ore ual to 65
ercent Sensible Rec i ery Efficiency SRE a minimum 1.2 cubic feet per minute per watt determined at a static ressure of
not less than 0.2 inch w.c. 49.85 Pa and shall not use recirculation as a defrost strategy.
R403.9 Snow and ice melt systems Snow- andice- melting systems shall com lv with R403.9.1 through R403.9.3.
R403.9.1 Efficiency. Combustion equipment may not be used for snow and ice melt s stems unless the following
conditions are met.
1. The snowmelt system shall comply with the provisions of C408. and
2. Each piece of equipment shall be provided with the followin-9:
a. A condensate drain located within 3 feet and
b. Adedigated,gppMpriately based branch circuits that shall have a minimum amperage reuirement
for a comparable electric h dronic snowmelt s stem sized in accordance with NEC 440.40 and
440.35 and terminating within 3 feet of the heating equipment with no obstructions. Both ends of the
branch circuit shall be labeled "For Future Electric Snowmeltin " and be electrically isolated.
R403.9.2 Controls. Systems shall include automatic controls capable of shttin . configured to shut off the system when
the p&vement temperature of the snowmelted surface is greater than 3040°F (10°C) and precipitation is not falling, and an
automatic or manual control that will allow shutoff when the outdoor temperature is greater than 40°F (4.8°C).
R403.9.3 Snow Melt Slab Insulation. R-10 insulation shall be installed under the snow melted surface.
R403.9.4 Maximum area. The snow melted area shall not be vreater than 2,500 square feet per parcel.
R403.10 Pools and permanent spa energy consumption (Mandatory). The energy consumption of pools and permanent
spas shall be in accordance with Sections R403.10.1 through R403.10.3.
R403.10.1 Heaters. The electric power to heaters shall be controlled by an on -off switch that is an integral part of the
heater mounted on the exterior of the heater in a location with ready access, or external to and within 3 feet (914 mm) of
the heater. Operation of such switch shall not change the setting of the heater thermostat. Such switches shall be in
addition to a circuit breaker for the power to the heater. Gas fired beaters shall not b equippedi
�-parts. Combustion a juipment m4y not be used for ool or s a heatinty unless the faIlowin conditions are met:
1. Heaters shall not be equipped with continuously burning ignition pilots,
2. Each piece of combustion equipment shall be provided with the following:
a. A condensate drain located within 3 feet and
b. A dedicated a ro riatel based branch circuit that shall have a minimum amperage re uirement for a
comparable electric heater sized in accordance with NEC 440.4 B and 440.35 term inatiing within 3 feet
of the h eating a ui pment with no obstructions. Both ends of the branch circuit shall be labeled "For
Future Electric Pool Heating" and be electrically isolated:
R403.13 Heating outside a building. 5 stems installed to provide heat outside a building shall be electric radiant
systems. Such heatin s stems shall be controlled b an occu ant sensin device or a timer switch sa that thes stem
is automatically de -energized when occupants are not present.
R403.14 Combustions ace heatin . Cornbusrion a ui merry nav not be used for primga space heating unless the fol lowing
conditions are met:.
1. The space heating system(s) shall comply with the provisions of C408, and
2. Each iece of a ui meat shall be provided with the followin :
a. A condensate drain located within 3 feet. and
b. A dedicated aporonriately phased branch circuits that shall have a minimum am era erequirement for
a comparable electric heat pump and if s ecified in the desigg. electric resistance supplemental heat
sized in accordance with NEC 440.4 B and 440.35 and terminating within 3 feet of the heating
equipment with no obstructions. Both ends of the branch circuit s shall be labeled "For Future Electric
Space Heating" and be electrically isolated.
Exception:
1. Where an electrical circuit in compliance with NEC 440.4(B) and 440.35 exists for
s ace coolin a ui ment.
R404.1 Lighting equipment.
lamrsAwPeFffianent
All permanently installed lighting fixtures. excludin kitchen apl2liance lighting fixtures shall contain only hi h-efficac
lighting sources.
R404.1.1 Lighting equipment (Mandatory). Fuel gas lighting systems shall not have continuously buming Pilet
liots be
permitted.
R404.2 Renewable energy infrastructure. Buildin s shall comply with Sections R404.4.1 through R404.4.7.
Exceptions:
1. A building, with a permanentl installed on -site renewable energy system.
2. A buildin cy with less than 600 s uare feet 55 m2 of roof area oriented between 1 10 degrees and 270 le ees of
true north.
A buildin where all areas of the roof that would otherwise meet the requirements for a solar-rea—A zone are in full
or partial shade for more than 70 percent of daylight hours annually.
R404.2.1 Solar-readv zone area. The total area of the solar-rea4, zone steal[ not be less than 300 s uare feet and shall be
com osed of areas not less than 5.5 feet i.n width and not less than 80 s ware feet exclusive of access or set back areas as
reg, ired by the International Fire Code.
R404.2.2 Obstructions. !Solar-reaA zones shall be free from obstructions including but not limited to vents chimne sand
roof -mounted a ui ment.
R404.2.3 Shadin . The solar -ready zone shall be set back from any existing or new permanently affixed object on
the building or site that is located south east or west of the solar zone a distance not less than two times te hob'ect's
hei ht above the nearest Dint on the roof surface. Such objects include but are not limited to taller portions of the
building itself, parapets, chimneys, antennas si a e roofton a ui ment trees and roof lantin
R404.2.4 Roof load documentation. The structural design loads for roof dead load and roof live load shall be
clearlyindicated on the construction documents.
R404.1.5 Electrical service reserved space. The main electrical service panel shall have a reserved Space to allow installation
of a dual pole circuit breaker for future solar electric installation and shall be labeled "For Future Solar Electric." The reserved
s ace shall be positioned at the opposite load end from the input feeder location or main circuit location.
R404.2.6 Electrical interconnection. An electrical 'unction box shall be installed within 24 inches of the main electrical
service ImneI and shall be connected to a ca ed roof enetration sleeve or a location in the attic that is within 3 feet 914 mm
of the solar reaA zone by one of the following:
1. Installed conduit with uli strip sired to accommodate future renewable energy infrastructure re uirements.
2. Minimum 910 Metal co er 3-wire
Where the interconnection termina#es in the attic location shall be no less than 12" Q5 mm above ceiling insulation. Both
ends of the interconnection shall be labeled "For Future Solar Electric".
R404.2.7 Construction documentation certificate. A permanent certificate, indicating the zone and
other requirements of this section, shall be posted near the electrical distribution panel, water heater or other
conspicuous location by the builder or registered design professional.
R404.3 Electric vehicle charging infrastructure. Buildings with a dedicated attached or detached garage or with on -site
parking spaces shall be provided with one EV-ready space dwelling unit. The branch circuit shall meet the following
requirements:
1. A minimum capacity of 9.6 WA
2. Terminates at a junction box or receptacle located within 3 feet (914 mm) of the parking space and labelled "For
electric vehicle charging", and
3. The electrical panel directory shall designate the branch circuit as "For electric vehicle charging".
R404.4 Energy storage infrastructure. Each building site shall have a dedicated location for the installation of future on -site
energy storage in accordance with the following:
1. Dedicated floor area not less than 2 feet in one dimension and 4 feet in another dimension and located in accordance
with Section 1207 of the 2021 International Fire Code and Section 110.26 of the NFPA 70.
The main electrical service panel shall have a reserved space to allow installation of a two -pole circuit breaker for
future electrical energy storage system installation. This space shall be labeled "For Future Electric Storage." The
reserved spaces shall be positioned at the end of the panel that is opposite from the panel supply conductor
connection.
3. Installed conduit with pull string sized to accommodate future energy storage electrical requirements.
Exception: Where an onsite electrical energy system story e system is installed.
R404.5 Additional electric readv infrastructure. Combustion equipment shall be installed in accordance with this section.
R404.5.1 Combustion clothes drying. A dedicated 240-volt branch circuit with a minimum capacity of 30 amps shall
terminate within 6 feet (1829 mm) of natural gas clothes dryers and shall be accessible with no obstructions. Both ends of the
branch circuit shall be labeled with the words "For Future Electric CIothes Prying!' and be electrically isolated.
R404.5.2 Combustion cooking. A dedicated 240-Volt. 40A branch circuit shall terminate within 6 feet (1829 mm) of natural
pas cooking equipment and appliances and be accessible with no obstructions. Both ends of the branch circuit shall be labeled
with the words "For Future EIectric Range" and be electrically isolated.
R404.5.3 Other combustion equipment. Combustion equipment and end -uses not covered by Sections R404.6.2-5 shall be
provided with a branch circuit sized for an electric appliance, equipment or end use with an equivalent capacity that terminates
within 6 feet (1829 mm) of the appliance or equipment. Both ends of the branch circuit shall be labeled with the words "For
Future Electrification" and be electrically iisolated.
INTERNATIONAL FUEL GAS CODE
Section 301_.2.1 AQpliance Controls. Fuel burning appliances, such as fireplaces and firepits, used for purposes other than
space conditioning, water heating, snow melting, and cooking shall be controIled by an occupancy sensing device or a timer
switch so that the appliance shuts off when occupants are not present or within an hour of being turned on.
Exception: A manual override switch may be provided that, when initiated, shall permit the controlled appliance to remain
on for not more than 2 hours.
INTERNATIONAL RESIDENTIAL CODE
Section R313 Automatic fire sprinkler systems. (reference Chapter 9 of the Fire Code with the exception of R313.2 as
amended herein:)
R313.2 One- and two-family dwellings automatic fires stems. An automatic residential firesprinkler system shall be
installed in one- and two-family dwellin s.
R313.2.1 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in
accordance with Section P2904 or NFPA 13D.
Chapter 8.49
INTERNATIONAL WILDLAND-URBAN INTERFACE CODE
Sec. 8.49.010. Adoption of the 2021 Edition of the International Wildland-Urban Interface Code.
Pursuant to the powers and authority conferred by the laws of the State and the Charter of the City, there is hereby adopted and
incorporated herein by reference as if fully set forth those regulations contained in the International Wildland-Urban Interface
Code, 2021 Edition, and all errata as published by the International Code Council, 4051 West Flossmoor Road, Country Club
Hills, Illinois, 60478-5795, except as otherwise provided by amendment or deletion as contained in Section 8.49.020 of this
Chapter. At least one (1) copy of the International Wildland-Urban Interface Code shall be available for inspection during
regular business hours.
Sec. 8.49.020. Amendments.
The International Wildland-Urban Interface Code, 2021 Edition, as adopted by the City at Section 8.49.010, is hereby amended
to provide and read as follows:
(a) Section [A] 10 1. 1 Title. These regulations shall be known as the International Wildland-Urban Interface Code of City of
Aspen hereinafter referred to as "this code."
Delete in entirety with the exce Lion of Section 505 as amended below and associated references.
SECTION 505
CLASS 2 IGNITION -RESISTANT CONSTRUCTION
503.2 Ignition -resistant building material. Ignition -resistant building materials shall comply with any one of the following:
Material shall be tested on all sides with the extended ASTM E84 (UL 723) test or ASTM E2768, except panel
products shall be permitted to test only the front and back faces. Panel products shall be tested with a ripped or cut
longitudinal gap of 1/8 inch (3.2 mm). Materials that, when tested in accordance with the test procedures set forth in
ASTM E84 or UL 723 for a test period of 30 minutes, or with ASTM E2768, comply with the following: 1.1. Flame
spread. Material shall exhibit aflame spread index not exceeding 25 and shall not show evidence of progressive
combustion following the extended 30-minute test.
1.2 Flame front. Material shall exhibit a flame front that does not progress more than 101/2 feet (3200 mm) beyond the
centerline of the burner at any time during the extended 30-minute test.
1.3. Weathering. Ignition -resistant building materials shall maintain their performance in accordance with this section
under conditions of use. Materials shall meet the performance requirements for weathering (including exposure to
temperature, moisture and ultraviolet radiation) cuntauied in the following standards, as applicable to the materials
and the conditions of use:
1.3.1. Method A "Test Method for Accelerated Weathering of Fire -Retardant -Treated Wood for Fire
Testing" in ASTM 132898, for fire -retardant treated wood, wood -plastic composite and plastic lumber
materials.
1.3.2. ASTM D7032 for wood -plastic composite materials.
1.3.3. ASTM D6662 for plastic lumber materials.
1.4 Identification. Materials shall bear identification showing the fire test results.
Exception: Materials composed of a combustible core and a noncombustible exterior covering made from either
aluminum at a minimum 0.019 inch (0.48 mm) thickness or corrosion -resistant steel at a minimum 0.0149 inch (0.38 mm)
thickness shall not be required to be tested with a ripped or cut longitudinal gap.
2. Noncombustible material. Material that complies with the requirements for noncombustible materials in Section 202.
3. Fire -retardant -treated wood. Fire -retardant -treated wood identified for exterior use and meeting the requirements of
Section 2303.2 of the International Building Code.
4. Fire -retardant -treated wood roof coverings. Roof assemblies containing fire -retardant -treated wood shingles and
shakes that comply with the requirements of Section 1505.6 of the International Building Code and classified as Class
A roof assemblies as required in Section 1505.2 of the International Building Code.
505.1 General. Buildings shall be of Class 2 ignition -resistant construction shall be in accordance with Sections 505.2 through
505.11.
505.2 Roof assembly. Roofs shall have a roof assembly that complies with not less than a Class A rating when tested in
accordance with ASTM E108 or UL 790, or an approved noncombustible roof covering. For roof assemblies where the profile
allows a space between the roof covering and roof deck, the space at the eave ends shall be firestopped to preclude entry of
flames or embers, or have one layer of cap sheet complying with ASTM D3909 installed over the combustible roof deck.
505.2.1 Roof valleys. Where provided, valley flashings shall be not less than 0.019-inch (0.48 mm) (No. 26 galvanized sheet
gage) corrosion -resistant metal installed over a minimum 36-inch-wide (914 mm) underlayment consisting of one layer of 72-
pound (32.4 kg) mineral -surfaced, nonperforated cap sheet complying with ASTM D3909 running the full length of the valley.
505.3 Protection of eaves. Combustible eaves, fascias and soffits shall be enclosed with solid materials with a minimum
thickness of 3/4 inch (19 mm). Exposed rafter tails shall not be permitted unless constructed of heavy timber materials.
505.4 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. Gutters shall be
provided with an approved means to prevent the accumulation of leaves and debris in the gutter.
505.5 Exterior walls. Exterior walls of buildings or structures shall be constructed with one of the following methods:
1. Materials approved for not less than 1-hour fire -resistance -rated construction on the exterior side.
2. Approved noncombustible materials.
3. Heavy timber or log wall construction.
4. Fire -retardant -treated wood on the exterior side. The fire -retardant -treated wood shall be labeled for exterior use
and meet the requirements of Section 2303.2 of the International Building Code.
5. Ignition -resistant materials on the exterior side.
Such material shall extend from the top of the foundation to the underside of the roof sheathing.
505.6 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground, with exterior walls
in accordance with Section 505.5.
Exception: Complete enclosure shall not be required where the underside of exposed floors and exposed structural columns,
beams and supporting walls are protected as required for exterior 1-hour fire -resistance -rated construction or heavy timber
construction or fire -retardant -treated wood. The fire -retardant -treated wood shall be labeled for exterior use and meet the
requirements of Section 2303.2 of the International Building Code.
505.7 Appendages and projections. Unenclosed accessory structures attached to buildings with habitable spaces and
projections, such as decks, shall be not less than 1-hour fire -resistance -rated construction, heavy timber construction or
constructed of one of the following:
1. Approved noncombustible materials.
2. Fire -retardant -treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the
International Building Code.
3. Ignition -resistant building materials in accordance with Section 503.2.
Exception: Coated materials shall not be used as the walking surface of decks.
prqjerats eVeF a deSGeAdiRg SlepO surf�ee gFeatff than 10 POMent, the aFea 13018W the AMC-— -hall have
505,7.1 Under-flear areas. *Aer-e the amaebed strWWFe is located and uefistFuewd so that 4he sb-aetmr-e or any pef4ian they -ea
505.8 Exterior glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights
shall be tempered glass, multilayered glazed panels, glass block or have a fire protection rating of not less than 20 minutes.
505.9 Exterior doors. Exterior doors shall be approved non-combustible construction, solid core wood not less than 1 3/4
inches thick (45 mm), or have a fire protection rating of not less than 20 minutes. Windows within doors and glazed doors
shall be in accordance with Section 505.8.
Exception: Vehicle access doors.
505.10 Vents. Attic ventilation openings, foundation or underfloor vents or other ventilation openings in vertical exterior
walls and vents through roofs shall not exceed 144 square inches (0.0929 m2) each. Such vents shall be covered with
noncombustible corrosion -resistant mesh with openings not to exceed 1/4 inch (6.4 mm) or shall be designed and approved to
prevent flame or ember penetration into the structure.
505.10.1 Vent locations. Attic ventilation openings shall not be located in soffits, in eave overhangs, between rafters at eaves,
or in other overhang areas. Gable end and dormer vents shall be located not less than 10 feet (3048 mm) from lot lines.
Underfloor ventilation openings shall be located as close to
505.11 Detached accessory structures. Detached accessory structures located less than 50 feet (15 240 mm) from a building
containing habitable space shall have exterior walls constructed with materials approved for not less than 1-hour fire -
resistance -rated construction, heavy timber, log wall construction, or constructed with approved noncombustible materials or
fire -retardant -treated wood on the exterior side. The fire -retardant -treated wood shall be labeled for exterior use and meet the
requirements of Section 2303.2 of the International Building Code.
505.11.1 Underfloor areas. Where the detached accessory structure is located and constructed so that the structure or any
portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have
underfloor areas enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in accordance with
Section 505.5 or underfloor protection in accordance with Section 505.6.
Exception: The enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams
and supporting walls are protected as required for exterior 1-hour fire -resistance -rated construction or heavy -timber
construction or fire -retardant -treated wood on the exterior side. The fire -retardant -treated wood shall be labeled for exterior
use and meet the requirements of Section 2303.2 of the International Building Code.
Section 15:
Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled
subsections or titles, may be corrected administratively following adoption of the Ordinance.
Section 16:
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 resolutions or ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such prior resolutions or ordinances.
Section 17•
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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 18:
A public hearing on this ordinance was held on the 28 h day of June 2022, at a meeting of the Aspen City Council
commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of
fifteen days prior to which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
INTRODUCED AND READ, as provided by law; by the City Council of the City of Aspen on the 14t' day
of June 2022.
ATTEST:
c
Nicole Henning, City Clerk •
709W,
Torre, Mayor
FINALLY, adopted, passed and approved this 28th day of June 2022.
ATTEST:
Nicole Henning, ity Clerk "'f-
APPROVED AS TO FORM:
Ja R True, City Attorney
71 qk V- , - --
Torre, Mayor