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ORDINANCE
Janice K.Vos Caudill, Pitkin County, CO
ORDINANCE No. 19
(Series of 2014)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
TITLE 26,THE CITY OF ASPEN LAND USE CODE,RELATED TO THE ADOPTION
OF A LODGE INCENTIVE PROGRAM.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City Council of the City of Aspen directed the Community Development
Department to craft a code amendment to establish a Lodge Incentive Program; and,
WHEREAS,pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall,begin with Public Outreach, a Policy Resolution reviewed and acted on by
City Council, and then final action by City Council after reviewing and considering the
recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted extensive Public Outreach with community members, the Aspen
Chamber Resort Association, condominium and lodging owners, managers, and stakeholders, the
Planning & Zoning Commission, the Historic Preservation Commission, and City Council
regarding a lodge incentive program code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on June 9, 2014, the City Council directed staff to draft a code amendment that would establish a
Lodge Incentive Program and update other Land Use Code sections related to the creation of said
program; and,
WHEREAS,implementing a Lodge Incentive Program that bolsters the bed base has been a
City Council Top Ten Goal for two (2)years; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to Title 26, the City of Aspen Land Use Code to implement a Lodge
Incentive Program; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and
finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050;
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: Code Amendment Objective
The goals and objectives of the code amendment are to:
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• Minimize further loss of Aspen's lodging inventory.
• Increase the number and diversity of lodging options in Aspen.
• Encourage and allow investment that bolsters the bed base.
• Create incentives for existing lodges and condominiums that are on the short-term rental
market to upgrade, expand, and redevelop.
• Create incentives for new lodge and short-term condominium product.
• Ensure investment in the bed base results in development that is compatible with City goals
and community character.
• Create development and non-development incentives that address the varying needs of
Aspen's diverse lodge product.
• Strengthen the Transferable Development Rights (TDR) Program by creating additional
landing sites for TDRs.
Section 2: A new Land Use Code Chapter, 26.595, Lodging and Vacation Residence Incentive
Program, is adopted as follows:
CHAPTER 26.595
LODGING & VACATION RESIDENCE INCENTIVE PROGRAM
Sections:
26.595.010 Purpose and intent
26.595.020 Applicability and Prohibitions
26.595.030 Requirements
26.595.040 Vacation Residence Incentive Program
26.595.050 Lodging Incentive Program Options
26.595.060 Lodge Grant and Low Interest Loan program
26.595.070 Fee Waivers and Rebates
26.595.010 Purpose and intent.
The purpose of this Chapter is to encourage upgrades and renovations to Aspen's existing
lodges, enable upgrades and reinvestment in condominium units while ensuring they are
available for short-term rentals, and encourage new lodging products. This purpose is achieved
by providing enhanced development allowances and operational flexibility for the effective term
of this program.
It is the City's intent to establish a Lodging & Vacation Residence Incentive Program that
protects Aspen's character as a vibrant resort community by replenishing Aspen's diverse bed-
base through both traditional lodge units and short-term rental of condominium units while
promoting a mix of lodging options that support the City of Aspen's tourism base and local
economy.
26.595.020 Applicability and Prohibitions
A. This Chapter applies to all existing or new properties that choose to participate in the City of
Aspen's Lodging & Vacation Residence Incentive Program (Incentive Program). The terms of
this Chapter shall remain in effect until December 31, 2019. After such time, this Chapter shall
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be considered null and void. City Council, at its sole discretion, may choose to extend the
program for an amount of time it deems appropriate. City Council may conduct periodic check-
ins on the Incentive Program and may take any action necessary to improve or update the
program.
B. Nothing in this Chapter shall be construed to require free-market residential units to
participate in short-term rentals. Free-market residential units are not subject to the requirements
of this Chapter.
C. The Incentive Program is limited to properties located within the Lodge (L), Commercial
Lodge (CL), Commercial Core (CC), Commercial (C-1), Neighborhood Commercial (NC),
Mixed-Use (MU), Residential Multi-Family (RMF), and Ski Base Area (SKI) zone districts, and
properties with a Lodge (LO) or Lodge Preservation(LP) Overlay.
D. All participating lodge and vacation residence properties and units shall be available for
periodic nightly rentals by the general public.
E. The uses and dimensions of all units and properties participating in the Incentive Program
shall be those of the underlying zone district, unless otherwise established herein.
F. Participation in the Incentive Program does not exempt a project from other requirements in
this Title.
G. A property participating in one of the Incentive Programs may take advantage of any of the
benefits outlined, including all, some, or none, but shall be required to meet all conditions
outlined.
26.595.030 Requirements
A. General Requirements. Any lodge, hotel, vacation residence, or free-market multi-family
unit or complex participating in the Incentive Program shall meet the following requirements.
1. Documents. All units and complexes shall enter into a Development Agreement with the
City of Aspen, pursuant to Chapter 26.490, Approval Documents, which shall outline the
benefits received and the conditions imposed upon the unit or complex, including defining
the terms and limitations of any annual fee rebate.
2. Rentals. Units shall be made available for nightly rentals to the general public when it is
not occupied by an owner or owner guest.
3. Occupancy. Units shall comply with the occupancy limitations outlined in Section
26.104.100, Definitions.
4. Audits. The City may conduct periodic audits, pursuant to Section 26.575.210, Lodging
and Vacation Residences audits.
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5. Conversion to Vacation Residences. Any free-market residential unit or complex
choosing to participate in the Standard or Standard-Plus Incentive Programs outlined in
Sections 26.595.040(B) and 26.595.040(C), shall be converted to Vacation Residences and
shall not require a growth management allotment pursuant to Chapter 26.470. This
conversion shall be acknowledged in their Development Agreement with the City of Aspen.
6. Business License. Any individual unit or building participating in short-term rentals,
whether as a lodge or vacation residence, shall be required to have a valid City of Aspen
business license.
7. Tax collection and remittance. Occupancy of any unit by anyone who pays a rental fee
for the use of the unit(other than the owner thereof) shall be subject to the City's sales tax the
same as if such occupancy were of a hotel or lodge unit. All participating lodges, vacation
residence units, and vacation residence complexes shall be required to obtain an Aspen sales
tax/lodging tax license, which shall establish how this tax shall be collected and paid to the
City.
B. Vacation Residence Requirements. Any vacation residence unit or complex participating in
the Incentive Program shall meet the following requirements, unless otherwise specific in this
Chapter.
1. Mandatory physical features.
a. Front Desk Services. All vacation residence developments shall provide front-desk
services, either in the form of an on-site front desk or an off-site Aspen-based
management company. The front desk or management company or companies shall be
open at least during regular business hours and shall be managed to provide full time
registration and reservation services, including provision for late check-in and for other
off-hours guest needs.
b. Accessibility. The common areas of the building shall be updated to meet all
Accessibility requirements of the Building Code, including the addition of elevator access
where possible.
2. Mandatory operational practices.
a. Short-term rentals allowed. The complex covenants, declarations and other legal
instruments of the homeowner's association shall expressly allow short-term rental of
units by the general public.
b. Lodging and sales taxes. All short-term rental units shall be subject to all taxpayer
responsibilities set forth at Chapter 23.08, Taxpayer's Responsibilities, particularly the
responsibility to collect and to remit all applicable sales and lodging taxes.
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c. Vehicle Storage. The covenants and other legal instruments of the homeowners
association shall prohibit owners from storing any vehicles on-site when not occupying
the unit.
26.595.040 Vacation Residence Incentive Program
In an effort to encourage the short-term rental of condominium style multi-family residential
units, the City has established a new land use category, Vacation Residences, to enable multi-
family residential units and complexes to participate in the Incentive Program. A sliding scale of
benefits and requirements is established as outlined below. The Basic Incentive Program is
available only on a complex-wide basis, while the Standard and Standard-Plus Incentive
Programs are available on an individual unit and complex-wide basis.
A. Basic Incentive Program
The intent of the Basic Incentive Program is to encourage Vacation Residence complexes and
free-market multi-family complexes to upgrade basic infrastructure to meet current building and
energy codes, and to allow exterior upgrades. This program in only available on a complex-wide
basis.
1. Benefits. Complexes choosing to participate in the Basic Incentive Program shall be
eligible for the following benefits:
a. Free Building Code Evaluation. The complex is entitled to a free building evaluation
paid for by the City to identify upgrades that would bring the complex up to current
building code requirements, including energy and accessibility codes. The City may
contract with outside sources to conduct the analysis. The complex will be provided a
written report outlining the suggested improvements.
b. Energy and Accessibility Expansions. A complex may upgrade and/or add ADA
and Energy Code improvements that meet minimum energy and accessibility code
requirements. Expansions beyond existing zone district dimensional requirements shall
be permitted by the Community Development Director only if the expansion is the
minimum necessary to meet building and energy codes. A determination shall be made
by the Community Development Director as part of a building permit application, and no
land use review shall be required.
c. Exterior Renovations. A complex may undergo exterior renovations to upgrade the
building, including structural improvements, updating of exterior materials, as well as
minor design changes (creating new or relocating entrances, windows, etc).
d. Parking in the Right-of-Way. Any existing parking spaces located in the right of
way are allowed to be maintained and shall be granted a revocable encroachment license
valid for 5 years. This benefit shall not be construed to prohibit the City Engineer from
implementing right-of-way improvements necessary for public health, safety, and
welfare. The configuration and orientation will be reviewed when expansions and major
work is proposed or when the City needs the configuration and orientation to be modified
to address public health and safety.
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e. Administrative Land Use Review. Certain land use reviews that are required for work
associated with a-d shall be completed administratively. This benefit shall apply to the
following reviews: 26.410, Residential Design Standards, 26.412, Commercial Design
Standards, 26.415, Historic Preservation, and 26.435, Development in Environmentally
Sensitive Areas. In situations where the review process outlined in said sections conflicts
with this chapter, this chapter shall supersede. However, if the Community Development
Director determines that the proposal does not meet the applicable review criteria, the
application shall be processed under the regulations outlined in said sections.
f. Streamlined Review. If the property implements the building code improvements
identified in subsection b, above, any required land use review or building permit review
shall be expedited to the greatest extent practical.
g. Fee Reductions. The complex shall receive a fee waiver for any fees associated with
a-f, as outlined in section 26.595.070, Fee Waivers and Rebates. Work not associated
with the benefits described above shall not be eligible for a fee waiver.
2. Conditions. The following conditions shall be imposed.
a. Vacation Residence Requirements. The complex shall only be required to comply
with Subsections (2)(a-b) of Section 26.595.030(B), Vacation Residence Requirements.
b. Agreement. The complex shall enter into an agreement with the City of Aspen
agreeing that short-term rentals shall be permitted for a period of at least five (5) years.
B. Standard Incentive Program
The intent of the Standard Incentive Program is to encourage individual Vacation Residences as
well as entire complexes to maintain and increase the number of short-term rentals. This
program is available on an individual unit basis for internal changes or a complex-wide basis for
external changes and common upgrades.
1. Benefits. Complexes and units choosing to participate in the Standard Incentive Program
shall be eligible for the following benefits:
a. Basic Program Benefits. The Basic Program benefits outlined in Section
26.590.040.A.1.a-c shall be available on a complex-wide basis.
b. Interior Renovations. An individual unit may undergo internal improvements to
accommodate basic upgrade, such as adding or improving bathroom fixtures, kitchen
areas, etc.
c. Coordinated Unit Expansions. A complex may undergo expansions to individual
units, including adding decks, balconies, or interior space, but any approval shall allow
all units to expand or renovate with a cohesive design. Any expansions that cannot be
accommodated within zone district dimensional limitations shall be permitted only upon
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Special Review approval, pursuant to Section 26.430.040.J. Height may not be varied
beyond the allowances in the underlying zone district. If a design review, pursuant to
26.410, Residential Design Standards, 26.412, Commercial Design Standards, or 26.415,
Historic Preservation is required, it may be consolidated to one-step process.
d. Multi-Family Replacement Requirements. If work on units related to their
participation in the Standard Incentive Program triggers Multi-Family Replacement
requirements, pursuant to Chapter 26.470, Growth Management Quota System, the units
shall be exempted from said requirements if they have not housed a local working
resident for the previous five (5) years. Documentation, as prescribed in Chapter 26.470,
may be required.
e. Signs. A complex with more than 50% of units participating in the Standard Incentive
Program may use the signage allotments for a Lodge, pursuant to the allowances in
Chapter 26.510, Signs.
E Parking in the Right-of-Way. Any existing parking spaces located in the right of way
are allowed to be maintained and shall be granted a revocable encroachment license valid
for 5 years. The configuration and orientation will need to be done in a way that is safe
for the traveling public and will need to be consistent with the City's Complete Street
policies. This configuration and orientation will need to be approved by the City Engineer
along with the Parking Dept. The configuration and orientation will be reviewed when
expansions and major work is proposed or when the City needs the configuration and
orientation to be modified to address public health and safety. This incentive is only
available on a complex-wide basis.
g. Parking Passes. Each unit in the complex that participates in the Incentive Program is
entitled to on-street parking passes to be used when the unit is rented to a non-owner.
These passes shall cost $1 per week.
f. Streamlined Review. Any required land use review or building permit review
associated with participation in the Standard Incentive Program shall be expedited to the
greatest extent practical.
g. Fee Reductions. The complex shall be eligible for a fee rebate for any fees associated
with a-f, as outlined in Section 26.595.070, Fee Waivers and Rebates. Work not
associated with the benefits described above shall not be eligible for a fee rebate.
2. Conditions. In addition to the conditions outlined in Section 26.595.030, General
Requirements, the following conditions shall be imposed.
a. Agreement. The complex shall enter into an agreement with the City of Aspen
agreeing that short-term rentals to the general public shall be permitted for a period of at
least ten (10) years, and that at least 50% of the units will be available as short-term
rentals to the general public for at least 6 months of the year. Any individual units
participating in the program shall enter into an agreement that their unit will be available
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as short-term rentals to the general public for at least 6 months of the year for a period of
at least ten (10) years.
b. Change in Use. The complex or unit, as applicable, may not change from Vacation
Residences to another use, including multi-family residential during the ten (10)
agreement year period. In addition, the complex or unit shall reimburse the City for all
benefits received, plus inflation, including any reductions in affordable housing
mitigation, any right-of-way improvements, and any fee rebates if the use changes within
ten(10) years after the initial agreement period has ended.
c. Reservation System. Units shall be listed at competitive rates in a publically
accessible reservation system. Listing of the unit with a recognized central reservation
system in Aspen or through the central reservation system of the company or companies
that manage the development is preferred.
d. Documentation. The complex shall submit a yearly report to the City of Aspen
Community Development Department outlining the number of rentals, cost of rentals,
and parking pass usage.
C. Standard Plus Incentive Program
The intent of the Standard Plus Incentive Program is to encourage individual vacation residences
as well as complexes to maintain and increase the amount of short-term rentals. This program is
available on an individual unit or complex-wide basis.
1. Benefits. Complexes and units choosing to participate in the Standard Incentive Program
shall be eligible for the following benefits:
a. Basic Program Benefits. The Basic Program benefits outlined in Section
26.590.040.A.La-c shall be available on a complex-wide basis.
b. Standard Program Benefits. The Basic Program benefits outlined in Section
26.590.040.A.1.a-g shall be available on a complex-wide basis or individual unit basis, as
applicable.
c. Expansions for Common Amenities. A complex may expand the building to
accommodate common amenities, such as check-in, administrative services, gym,
breakfast area, etc, and shall be exempt from any Growth Management requirements.
Expansions that cannot be accommodated within zone district dimensional limitations
shall be permitted only upon Special Review, pursuant to Section 26.430.040(J).
d. Building Expansion. A complex may expand up or out to create new units or expand
existing units, and shall be exempt from any multi-family replacement mitigation
requirements. Any expansions that cannot be accommodated within zone district floor
area limitations shall be permitted only upon Special Review approval, pursuant to
Section 26.430.040(J). Height may not be varied beyond the allowances in the
underlying zone district. If a design review, pursuant to 26.410, Residential Design
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Standards, 26.412, Commercial Design Standards, or 26.415, Historic Preservation is
required, it may be consolidated to one-step process.
e. Improvements in the Right-of-way. The cost (as approved by the City) of any
required public improvements located in the public right-of-way, such as curb & gutter,
sidewalks, and street trees that are related to any project improvements resulting from
participation in the incentive program shall be split 50150 with the property and the
City. The Vacation Residence complex shall be responsible for completion of the
improvements, and the City shall reimburse the Vacation Residence complex for the City
share of the cost following final Certificate of Occupancy, or as otherwise specified in a
Development Agreement.This incentive is only available on a complex-wide basis. - - -
L Multi-Family Replacement Requirements. If work on units related to their
participation in the Standard-Plus Incentive Program triggers Multi-Family Replacement
requirements, pursuant to Chapter 26.470, Growth Management Quota System, the units
shall be exempted from said requirements if they have not housed a local working
resident for the previous five (5) years. Documentation, as prescribed in Chapter 26.470,
may be required.
g. Affordable Housing Mitigation Requirements. The Affordable Housing mitigation
requirements for new Vacation Residences outlined in Section 26.470.080.D.4, shall be
reduced to 10% if the project is a stand-alone Vacation Residence development and to
5% if it is part of a Lodge project.
h. Streamlined Review. Any required land use review or building permit review
associated with participation in the Standard-Plus Incentive Program shall be expedited to
the greatest extent practical.
i. Fee Reductions. The complex shall be eligible for a fee rebate for any fees associated
with a-h, as outlined in section 26.595.070, Fee Waivers and Rebates. Work not
associated with the benefits described above shall not be eligible for a fee rebate.
2. Conditions. In addition to the conditions outlined in Section 26.595.030, General
Requirements, the following conditions shall be imposed.
a. Agreement. The complex shall enter into an agreement with the City of Aspen
agreeing that short-term rentals shall be permitted for a period of at least fifteen (15)
years, and that at least 75% of the units will be available to the general public as short-
term rentals for at least 6 months of each year. Any individual units participating in the
program shall enter into an agreement that their unit will be available to the general
public as a short-term rental for at least 6 months of each year for a period of at least
fifteen(15) years.
b. Change in Use. The complex or unit, as applicable, may not change from Vacation
Residences to another use, including multi-family residential during the fifteen (15)
agreement year period. In addition, the complex or unit shall reimburse the City for all
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benefits received, plus inflation, including any reductions in affordable housing
mitigation, any right-of-way improvements, and any fee rebates if the use changes within
ten(10) years after the initial agreement period has ended.
c. Reservation System. Units shall be listed at competitive rates in a publically
accessible reservation system. Listing of the unit with a recognized central reservation
system in Aspen or through the central reservation system of company or companies that
manage the development is preferred.
d. Trash and Recycle Area. The complex shall upgrade trash and recycle areas to meet
current codes for Multi-Family Residential Units.
e. Documentation. The complex shall submit a yearly report to the City of Aspen
Community Development Department outlining the number of rentals, cost of rentals,
and parking pass usage.
26.595.050 Lodging Incentive Program
In an effort to encourage upgrades, renovations, remodels, and new development that will
maintain and increase the number of traditional lodging options in Aspen, the City has
established a sliding scale of benefits and requirements for lodges wishing to participate in the
Incentive Program. The Incentive Programs are only available on a property-wide basis, and are
available to 100% lodge projects as well as mixed-use projects with a lodge component. In
addition to the incentives below, lodges are eligible for the City's Lodge Matching Grant and
Low Interest Loan program, outlined in Section 26.595.060.
A. Basic Incentive Program
The intent of the Basic Incentive Program is to encourage existing lodges to upgrade basic
infrastructure to meet current building and energy codes, and to allow exterior upgrades.
1. Benefits. Lodges choosing to participate in the Basic Incentive Program shall be eligible
for the following benefits:
a. Free Building Code Evaluation. The lodge is entitled to a free building evaluation
paid for by the City to identify upgrades that would bring the lodge up to current building
code requirements, including energy and accessibility codes. The City may contract with
outside sources to conduct the analysis. The lodge will be provided a written report
outlining the suggested improvements.
b. Free Lodge Analysis. The lodge is entitled to a free evaluation by a lodging expert,
paid for by the City, to identify upgrades or additional amenities that would likely assist
the lodge in increasing over-night guests to the lodge. Topics of the analysis may include
physical conditions such as common area and room d6cor; accessibility, comfort, and
convenience issues; energy efficiency measures; and, the overall condition of the
property. The analysis may also include operational practices such as staffing,
reservation systems, rate structures, and marketing strategies. The City may contract
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with outside sources to conduct the analysis. The property owner will be provided a
written report outlining the suggested physical and operational enhancements.
c. Energy and Accessibility Expansions. A lodge may upgrade and/or add ADA and
Energy Code improvements that meet minimum energy and accessibility code
requirements. Expansions beyond existing zone district dimensional requirements shall
be permitted by the Community Development Director only if the expansion is the
minimum necessary to meet building and energy codes. A determination shall be made
by the Community Development Director as part of a building permit application, and no
land use review shall be required.
d. Exterior Renovations. A lodge may undergo exterior renovations to upgrade the
building, including structural improvements, updating of exterior materials, as well as
minor design changes (creating new entrances, windows, etc).
e. Parking in the Right-of-Way. The lodge is entitled to dedicated parking spaces in the
right-of-way for lodge guests through a revocable encroachment license valid for 5 years.
The following schedule shall apply:
Number of Units in Lodge Number of Parking Spaces
Up to 50 units 3 Parking spaces, at least 1 for
30 minute check-in
51+Units 5 parking spaces, at least 1 for
30 minute check-in
The configuration and orientation will need to be done in a way that is safe for the
traveling public and will need to be consistent with the City's Complete Street policies.
This configuration and orientation will need to be approved by the City Engineer along
with the Parking Dept. The configuration and orientation will be reviewed when
expansions and major work is proposed or when the City needs the configuration and
orientation to be modified to address public health and safety.
f. Parking Passes. The lodge is entitled to one-hundred (100) free parking passes per
calendar year. Each pass thereafter shall cost $1 per week.
g. Improvements in the Right-of-way. The cost (as approved by the City) of any
required public improvements located in the public right-of-way, such as curb & gutter,
sidewalks, and street trees that are related to any project improvements resulting from
participation in the incentive program shall be split 50150 with the property and the
City. The Lodge shall be responsible for completion of the improvements, and the City
shall reimburse the Lodge for the City share of the cost following final Certificate of
Occupancy, or as otherwise specified in a Development Agreement.
It. Administrative Land Use Review. Certain land use reviews that are required for
work associated with a-g shall be completed administratively. This benefit shall apply to
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the following reviews: 26.410, Residential Design Standards, 26.412, Commercial
Design Standards, 26.415, Historic Preservation, and 26.435, Development in
Environmentally Sensitive Areas. In situations where the review process outlined said
sections conflicts with this chapter, this chapter shall supersede. However, if the
Community Development Director determines that the proposal does not meet the
applicable review criteria, the application shall be processed under the regulations
outlined in said sections.
i. Streamlined Review. Any required land use review or building permit review shall be
expedited to the greatest extent practical.
j. Fee Reductions. The lodge shall receive a fee waiver for any fees associated with a-f,
as outlined in section 26.595.070, Fee Waivers and Rebates. Work not associated with
the benefits described above shall not be eligible for a fee waiver.
2. Conditions. In addition to the conditions outlined in Section 26.595.030, General
Requirements, the following conditions shall be imposed.
a. Agreement. The lodge shall enter into an agreement with the City of Aspen agreeing
to remain a lodge for a period of at least five (5) years. The lodge may not intentionally
change to another use during the five (5) year agreement period.
b. Change in Use. The lodge shall reimburse the City for all benefits received, plus
inflation, including any right-of-way improvements, and any fee rebates, if the use
changes within ten (10) years after the initial agreement period has ended. The
Development Agreement shall outline all benefits received.
B. Standard Incentive Program
The intent of the Standard Incentive Program is to encourage lodges to upgrade and expand to
meet Aspen's short-term lodging needs.
1. Benefits. Lodges choosing to participate in the Basic Incentive Program shall be eligible
for the following benefits:
a. Basic Program Benefits. The Basic Program benefits outlined in Section
26.590.050.A.1.a-g shall be available to the lodge.
b. Interior Reconfiguration. Internal lodge unit reconfiguration that increase the
number of lodge rooms on a property, but which does not change the building's mass or
scale are permitted if they allow unit flexibility (i.e. a unit could be rented as a three-
bedroom or as three individual one-bedroom units). These changes shall be exempt from
affordable housing mitigation requirements outlined in Chapter 26.470. Updating of
exterior materials, as well as minor design changes (changes to entrances, windows, etc),
shall be permitted. If a design review pursuant to Sections 26.410, Residential Design
Standards, 26.412, Commercial Design Standards, and 26.415, Historic Preservation, is
required it shall be completed administratively. In situations where the review process
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outlined in said sections conflicts with this chapter, this chapter shall supersede.
However, if the Community Development Director determines that the proposal does not
meet the applicable review criteria, the application shall be processed under the
regulations outlined in said sections.
c. Lodge Expansions. A lodge may add up to three (3) new lodge units and up to 500 sq
ft of commercial net leasable space that increases the lodge's mass and scale and shall be
exempt from affordable housing mitigation requirements outlined in Chapter 26.470.
Any new units beyond these thresholds shall comply with requirements in Chapter
26.470, Growth Management Quota System., unless the project meets the density
requirements of 26.595.050(B)(1)(d). If a design review, pursuant to 26.410, Residential
Design Standards, 26.412, Commercial Design Standards, or 26.415, Historic
Preservation is required, it may be consolidated to a one-step process.
d. Affordable Housing Mitigation Requirements — High Density Lodge. The
Affordable Housing mitigation requirements for additional lodge units outlined in
Chapter 26.470 shall be waived if the project contains a minimum of one (1) lodge unit
per two hundred and fifty (250) square feet of net lot area and there is no free-market
residential component.
e. Streamlined Land Use and Building Permit Review. Any required land use review
or building permit review associated with participation in the Standard Program shall be
expedited to the greatest extent practical.
f. Fee Reductions. The lodge shall eligible for a fee rebate for any fees associated with
a-e, as outlined in section 26.595.070, Fee Waivers and Rebates. Work not associated
with the benefits described above shall not be eligible for a fee rebate.
2. Conditions. In addition the conditions outlined in Section 26.595.030, General
Requirements, the following conditions shall be imposed.
a. Agreement. The lodge shall enter into a ten (10) year agreement with the City
agreeing to remain a lodge. The lodge may not intentionally change to another use,
during the ten (10) agreement year period.
b. Change in Use. The lodge shall reimburse the City for all benefits received, plus
inflation, including any reductions in affordable housing mitigation, any right-of-way
improvements, and any fee rebates if the use changes from a lodge. Any affordable
housing mitigation shall be required to be built on-site. The Development Agreement
shall outline all benefits received.
C. Standard-Plus Incentive Program
The intent of the Standard-Plus Incentive Program is to encourage existing lodges to expand and
redevelop to meet Aspen's short-term lodging needs. New lodges may also participate in this
incentive program level.
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1. Benefits. Lodges choosing to participate in the Standard-Plus Incentive Program shall be
eligible for the following benefits:
a. Basic Program Benefits. The Basic Program benefits outlined in Section
26.590.050.A.1.a-g shall be available.
b. Standard Program Benefits. The Standard Program benefits outlined in Section
26.590.050.B.1.a-d shall be available.
c. Fourth Floor. A lodge project that is located south of Durant Street and is in the
Lodge (L) zone district may request a fourth floor that exceeds the allowed height limit in
the zone district. All requests for a fourth floor shall require Planned Development
Review, pursuant to Section 26.445. The following review criteria shall be used when
evaluating the fourth floor request. If no other dimensional changes are requested, the
project shall not be subject to the review criteria in Section 26.445.050, Project Review
Standards.
Fourth Floor Review Criteria:
1. The amount, location, proposed uses, and design of enclosed space on the
fourth floor is compatible with the overall design of the building, and with the
neighborhood context. Certain reductions in fourth floor footprint, setback,
orientation, and design may be required to meet this standard. Unenclosed
amenity space and deck space is permitted for the entire footprint.
2. The proposed building, including its overall height, is compatible with the
general development pattern in the neighborhood.
3. The proposed lodge meets the review criteria established in Section
26.430.040(J)(2), Special Review—Lodge Units and Vacation Residences.
d. Lodge Expansions. An existing lodge may add up to five (5) new lodge units and up
to 1,000 sq ft of commercial net leasable space and shall be exempt from affordable
housing mitigation requirements outlined in Chapter 26.470. Any new units beyond
these thresholds shall comply with requirements in Chapter 26.470, Growth Management
Quota System. If a design review, pursuant to 26.410, Residential Design Standards,
26.412, Commercial Design Standards, or 26.415, Historic Preservation is required, it
may be consolidated to a one-step process.
e. Affordable Housing Mitigation Requirements — Lodge. The Affordable Housing
mitigation requirements for additional lodge units outlined in Chapter 26.470 shall be
reduced to the following, if the project contains a minimum of one (1) lodge and vacation
residence unit per seven hundred and fifty (750) square feet of net lot area:
Number of Additional Affordable Housing Unit
Lodge Units Requirement
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1—5 Units No Requirement
6—10 Units 1 FTE
11—25 Units 1.75 FTEs
26-50 Units 3.5 FTEs
51+ Units 5.25 FTEs
f. Affordable Housing Mitigation Requirements — High Density Lodge. The
Affordable Housing mitigation requirements for additional lodge units outlined in
Chapter 26.470 shall be waived if the project contains a minimum of one (1) lodge unit
per two hundred and fifty (250) square feet of net lot area and there is no free-market
residential component.
g. Affordable Housing Mitigation Requirements - Commercial. The Affordable
Housing mitigation requirements for additional commercial space outlined in Chapter
26.470, shall be reduced for space that is part of a lodge project. If the project also
contains free-market residential uses, the mitigation shall be 30%. If no free-market
residential uses are included in the project, the mitigation shall be 15%.
h. Affordable Housing Mitigation Requirements — Vacation Residences. The
Affordable Housing mitigation requirements for additional Vacation Residences outlined
in Chapter 26.470, shall be reduced for units that are part of a lodge project. If the
project also contains free-market residential uses, the mitigation shall be 10%. If no free-
market residential uses are included in the project, the mitigation shall be 5%.
i. Affordable Housing Mitigation Requirements — Free-Market Residential. The
Affordable Housing mitigation requirements for additional free-market residential units
outlined in Chapter 26.470, shall be reduced to 15%when it is part of a lodge project.
j. Transportation Mitigation. Up to five (5) additional lodge units, three (3) additional
vacation residences, three (3) additional affordable housing units, and 1,000 sq ft of new
net leasable space shall be exempt from the requirements of Chapter 26.630,
Transportation Impact Analysis Guidelines. Expansions beyond these thresholds shall
comply with Chapter 26.630.
k. Density Adjustments. For parcels one (1) acre or larger, all dimensional requirements
may be amended up to one (1) lodge unit and vacation residence per 1,500 square feet of
net lot area. Special Review approval pursuant to Section 26.430.040(J) shall be
required.
1. Streamlined Review. Any required land use review or building permit review
associated with participation in the Standard-Plus Incentive Program shall be expedited to
the greatest extent practical.
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m. Fee Reductions. The lodge shall be eligible for a fee rebate for any fees associated
with a-1, as outlined in section 26.595.070, Fee Waivers and Rebates. Work not
associated with the benefits described above shall not be eligible for a fee rebate.
2. Conditions. In addition the conditions outlined in Section 26.595.030, General
Requirements, the following conditions shall be imposed.
a. Agreement. The lodge shall enter into a twenty (20) year agreement with the City
agreeing to remain a lodge. The lodge may not intentionally change to another use,
during the twenty (20) agreement year period.
b. Change in Use. The lodge shall reimburse the City for all benefits received, plus
inflation, including any reductions in affordable housing mitigation, any right-of-way
improvements, and any fee rebates if the use intentionally changes from a lodge. Any
affordable housing mitigation or transportation mitigation shall be required to be built on-
site. The Development Agreement shall outline all benefits received.
b. Trash and Recycle Area. The lodge shall upgrade trash and recycle areas to meet
current codes.
26.595.060 Lodge Matching Grant and Low Interest Loan Program
In an effort to encourage upgrades, renovations, and remodels that will maintain and increase the
number of traditional lodging options in Aspen, the City has established a grant and low interest
loan program for lodge properties. Participation in other portions of the Incentive Program is not
required.
A. Matching Grants.
1. Eligibility. Any lodge in the City of Aspen may apply for a 50% matching grant from the
City for general maintenance, upkeep, and improvement of the property. The lodge must
demonstrate reasonable financial need, and must have participated in the Free City
Evaluations outlined in Section 26.595.050(A)(1)a-b. A lodge participating in the free
evaluations shall not be required to participate in the rest of the Incentive Program. Eligible
projects include capital improvements, such as new siding, mechanical systems, new carpet,
or lodge amenities such as fitness facilities or a pool.
2. Grant Review. Projects shall be reviewed by the City Finance Director, or designee. The
City may establish a citizen review committee to provide recommendations.
3. Termination. The City shall have the right to terminate a Grant upon thirty (30) days
notice if Grantee fails to comply with the terms of the Grant. In the event the Grant is
terminated, Grantee shall reimburse the City for any portion of a cash contribution received
in advance.
4. Administration. The administration of the grant program is hereby vested in the Finance
Director. The Finance Director shall prescribe forms and administrative procedures for the
review and awarding of Grants, as the Director deems necessary.
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B. Zero Interest Loan.
1. Eligibility. Any lodge in the City of Aspen may apply for a zero interest loan from the
City. The lodge must demonstrate reasonable financial need, and must have participated in
the Free City Evaluations outlined in Section 26.595.050(A)(1)a-b. A lodge participating in
the free evaluations shall not be required to participate in the rest of the Incentive Program.
Eligible projects include capital improvements, such as new siding, mechanical systems, new
carpet, or lodge amenities such as fitness facilities or a pool. A lodge may only have one
active loan at any one time.
2. Approval. City Council, at its sole discretion, may award a zero interest loan.
3. Reporting. The loan recipient shall provide a report to the City documenting the
project(s) completed
4. Repayment. Loans shall be repaid at one-tenth(1/10)per year. In the event the loan is not
repaid, a lein shall be placed on the property.
5. Administration. The administration of the loan program is hereby vested in the Finance
Director. The Finance Director shall prescribe forms and administrative procedures for the
loan program, as the Director deems necessary.
26.595.070 Fee Waivers and Rebates
In an effort to encourage upgrades, renovations, and remodels that will maintain and increase the
number and quality of lodging options in Aspen, the City has established a sliding scale of
development fee rebates for properties and units participating in the Incentive Program.
A. Schedule.
All projects are entitled to waivers or rebates of applicable development fees according to the
following schedule:
1. Basic Program. Lodging and vacation residence projects which do not contain a free-
market residential component and which conform to the Basic Program outlined above shall
be eligible for a fee waiver of 100% of the building plan check, building permit, zoning
review, energy code, construction mitigation, and GIS fees.
Lodging and vacation residence projects containing a free-market residential component and
which conform to the Basic Program outlined above shall be eligible for a fee waiver of 75%
of the building plan check, building permit, zoning review, energy code, construction
mitigation, and GIS fees.
2. Standard Program. Lodging and vacation residence projects which do not contain a free-
market residential component and which conform to the Standard Program outlined above
shall be eligible for a fee rebate of 75% of the building plan check, building permit, zoning
review, energy code, construction mitigation, and GIS fees.
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Lodging and vacation residence projects containing a free-market residential component and
which conform to the Standard Program outlined above shall be eligible for a fee rebate of
50% of the building plan check, building permit, zoning review, energy code, construction
mitigation, and GIS fees.
3. Standard Plus Programs. Lodging and vacation residence projects which do not contain
a free-market residential component and which conform to the Standard Plus Program
outlined above shall be eligible for a fee rebate of 50% of the building plan check, building
permit, zoning review, energy code, construction mitigation, and GIS fees.
Lodging and vacation residence projects containing a free-market residential component and
which conform to the Standard Plus Program outlined above shall be eligible for a fee rebate
of 25% of the building plan check, building permit, zoning review, energy code, construction
mitigation, and GIS fees.
5. Mechanical, Electrical, Plumbing Fee Waiver. Mechanical, Electrical, and Plumbing
permit fees for any project participating in an Incentive Program shall be waived 100% if
there is no free-market residential component, and by 50% if there is a free-market
residential component.
4. Right-of-Way and Construction Parking Fee Waiver. The right-of-way
encroachment/construction parking fees for all lodging and vacation residence projects
complying with any one of the programs outlined herein shall be waived by 75% for the
initial agreed length of the project, or two on-seasons, whichever is less. The City Engineer
shall first determine that the physical area and timeframe of the impact has been minimized
to the extent practical. Right-of-way encroachment and construction parking fees beyond the
original agreed area and timeframe shall accrue at the full (100%)rate.
5. Timing. All fee waivers shall be effective at the time of building permit submission. All
projects eligible for a fee rebate shall be required to pay all applicable fees when due as part
of a land use or building permit review. Rebates shall be paid back to the applicant by the
City of Aspen over a five (5) year period as defined in a Development Agreement.
6. Reductions for Non-Compliance. All projects are required to comply with all applicable
building and construction management codes. All fee benefits herein are subject to reduction
or revocation upon non-compliance, as may be further defined in a Development Agreement.
B. Reporting Requirements for Fee Rebates.
Projects shall only receive a fee rebate if they submit a yearly report detailing continued
compliance with the Incentive Program and their Development Agreement. A project that fails
to submit a compliance report shall forfeit that year's rebate, but shall remain eligible for future
year's rebates. The report shall be submitted every October 1 to the City of Aspen Finance
Department. A complex with multiple vacation rental units shall provide a combined report.
The annual rental report shall address:
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1. Occupancy information, including number of units rented, number of nights rented,
duration of stays, and other relevant occupancy statistics commonly used in the lodging
industry.
2. Evidence that units participating in the Incentive Program are available for use and rental
by the general public, pursuant to their Development Agreement with the City, when
units are not occupied by an owner.
3. A statement verifying the covenants, rules, declarations, and other legal instruments of
the complex continue to allow short-term rentals to the general public.
C. Rebate Amortization.
Fee rebates shall be paid to the property owner in equal installments over a period of five (5)
years. The terms and repayment schedule shall be defined in a Development Agreement. The
payments shall be made on January 15th of each year and shall commence after the first annual
report is submitted and accepted by the City. Projects receiving a Certificate of Occupancy on or
after May 1St may not submit an annual report or receive an annual rebate until the following
year.
D. Limitations.
1. Fee rebates are only available on a property-wide basis. Individual units are not eligible.
Section 3: Chapter 26.590, Timeshare Development, shall be amended as follows:
Chapter 26.590
TIMESHARE DEVELOPMENT
Sections:
26.590.010 Purpose.
26.590.020 Applicability.
26.590.030 Prohibitions
26.590.040 Procedure for review.
26.590.050 Timeshare Standards.
26.590.060 Application contents.
26.590.070 Documents.
26.590.080 Amendments.
26.590.090 Appeals.
26.590.010 Purpose.
The purpose of this Chapter is to establish the procedures and standards by which timeshare
development may be permitted within the City. It is the City's intent to establish timeshare
regulations that provide for the protection of the character of Aspen as a resort community and
that help to promote increased tourism and vitality within the City.
26.590.020 Applicability.
This Chapter shall apply to the division of a development, building, lodge unit, vacation
residence, or dwelling unit into time-span estates.
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26.590.030 Prohibitions.
The owner of a timeshare estate shall not be permitted to occupy that estate for any period in
excess of the occupancy limitations applicable to the land use (residential, vacation residence, or
lodge) Exchanges are not considered ownership interest occupancy.
26.590.040 Procedures for Review.
A development application to establish or amend a Timeshare development 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 Timeshare requested, the
following steps are necessary:
A. Timeshare development. The Community Development Director shall approve, approve
with conditions or deny the application, based on the standards of review in Section
26.590.050.A.
B. Variances. 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 an application for a variance from Timeshare requirements,
based on the standards of review in Section 26.590.050.B, Variances. This requires a one-step
process as follows.
Step One—Public Hearing before Planning and Zoning Commission.
1. Purpose: To determine if the application meets the standards for Timeshare variance
approval.
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 and comments and testimony from the public at a
duly noticed public hearing.
3. Standards of review: The proposed variance shall comply with the review standards
of Section 26.590.050.B.
4. Form of decision: The Planning and Zoning Commission decision shall be by
resolution.
5. Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3.
C. Associated Reviews. Unless waived by the Community Development Director, after
consultation with the applicant an application for a variance from the timeshare standards shall
be combined with development applications for all other associated land use reviews necessary
for the project. All associated reviews shall be combined with the requested variance and made
part of one decision for the project as a whole, pursuant to Section 26.304.050.B.1, Combined
Reviews.
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The Community Development Director shall inform the applicant during the pre-application
stage of a project whether combining associated reviews shall be required and if any redundant
submission requirements may be waived.
26.590.050 Timeshare Standards.
All timeshare developments shall comply with the following review standards:
A. Timeshare Review Standards.
1. Onsite reception. Onsite reception area is required. Applicable only to a multi-family
building, a mixed use building, or a lodge building.
2. Management plan. A property management plan shall be submitted for a multi-
family building, a mixed use building, or a lodge building. Detached and duplex
dwelling units shall comply with Section 26.575.220.D.3, Vacation Rental Standards,
and provide a local owner representative.
3. Rental by the public. Timeshare estates shall be made available for short term rental
to the general public when not in use by the owner or owner's guests. The covenants
of the homeowners association shall permit rental of units to the general public.
Single-family and duplex timeshares shall be exempt from this requirement.
4. Business license. A business license is required. It shall be unlawful for any
timeshare development to operate in the City without first obtaining a business
license in accordance with the standard procedures of the City
5. Tax collection and remittance. Occupancy of any timeshare unit by anyone who pays
a rental fee for the use of the unit(other than the owner thereof) shall be subject to the
City's sales tax the same as if such occupancy were of a hotel or lodge unit. Any
timeshare development, as a condition of its approval, shall be required to obtain an
Aspen sales tax/lodging tax license, which shall establish how this tax shall be
collected and paid to the City
6. Minimum number of estates per unit. A minimum of 4 estates per unit are created per
dwelling, vacation residence or lodge unit.
7. Complex-wide requirement. All residential units within a multi-family building,
mixed use building, or a duplex building are required to develop time-span estates. A
minimum of 50% of lodge units within a lodge building are required to develop time-
span estates.
8. Physical upgrades. Any existing project that is proposed to be converted to a
timeshare development shall be upgraded and improved to meet current Building
Code requirements, which includes at a minimum the physical upgrades necessary to
comply with current Americans with Disabilities Act(ADA) requirements.
B. Variances. The Planning and Zoning Commission may approve variances from Section
26.590.050.A, Timeshare Review Standards, upon a finding that the review criteria in
Section 26.430.040.J, Special Review are met. Only variances from the physical
characteristics, Parts 1, 7 and 8 of the Timeshare development review standards are
permitted.
26.590.060 Application Contents
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The contents of a development application for a Timeshare Development shall include the
following:
1. The general application information required in Common Development Review
Procedures set forth at Section 26.304.030, as applicable.
2. A written response to each of the review criteria contain in Section 26.590.050, as
applicable.
3. Proof of good standing with the State is required if the applicant is not an individual.
4. Floor plans depicting the onsite reception area, as applicable.
5. A copy of the management plan which describes who will manage the development
and how it will be operated. Single family and duplex buildings are required to
submit documentation of a local owner's representative in compliance with Section
26.575.220.D.3 Vacation Rental Standards.
6. A copy of the homeowner's association covenants and other legal instruments
requiring that timeshare estates be made available for short term rental to the general
public when not in use by the owner or owner's guests. Single-family and duplex
timeshares shall be exempt from this requirement.
7. An application for a City of Aspen business license.
8. A description of the number of estates per unit proposed to be created.
9. For lodge buildings, a description of the number of lodge units participating in the
timeshare development.
10. Floor plans and elevations of existing conditions.
11. Floor plans and elevations proposing any required physical upgrades to meet current
ADA codes, as applicable.
26.590.070 Documents.
A timeshare development agreement shall be reviewed and recorded in the office of the Pitkin
County Clerk and Recorder, pursuant to Chapter 26.490,Approval Documents. In addition to the
requirements of Chapter 26.490, as applicable, the development agreement shall include the
following:
I. A statement that the proposed development will comply with all applicable
requirements of Title 12, Article 61, C.R.S.
2. Requirement that a homeowners association be established. Responsibility for
maintenance of the development shall reside with the association.
3. A statement ensuring the timeshare estates shall be made available for short term
rental to the general public when not in use by the owner or owner's guests, including
a description of the protocol for member reservations. The statement shall
acknowledge that the public rental requirement is subject to occasional compliance
audits by the City of Aspen. Single-family and duplex timeshares shall be exempt from
this requirement.
4. A stipulation by the owner of the timeshare interest irrevocably designating the
homeowners association as an agent for the service of legal notices for any legal
action, proceed or hearing pertaining to the timeshare interest or for the service of
process.
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26.590.080 Amendments.
Amendments shall be processed pursuant to Section 26.590.040,Procedures for review.
26.590.090 Appeals.
An applicant aggrieved by a decision made by the Community Development Director or
Planning and Zoning Commission regarding administration of this Chapter may appeal the
decision to the City Council, pursuant to Chapter 26.316, Appeals.
Section 4: Section 26.430.040, Review standards for special review, shall be amended to add
Subsection 26.430.040(J), which shall read as follows:
J. Lodge Units & Vacation Residences. Whenever a special review is required for Timeshare
Lodge Development, for projects or units participating in the Lodge and Vacation Rental
Incentive Program, or for a reduction of lodge units in an existing lodge, the development
application shall only be approved if the following conditions are met.
1. Any dimensional changes shall meet the requirements of Section 26.430.040(A),
Dimensional requirements.
2. The development contains a sufficient level of recreational facilities (such as exercise
equipment, a pool or spa or similar facilities) and other amenities (such as a lobby,
meeting spaces and similar facilities) to serve the occupants, or provides such amenities
through off-site method such as gym privileges at local work-out facilities. The extent of
the facilities provided should be proportional to the size of the development. The types
of facilities should be consistent with the planned method and style of operating the
development.
3. The proposed variation will likely result in a successful short-term rental product. The
following characteristics shall be considered in meeting this standard:
a. Vacation Residences are limited to a standard palate of decor that has been established
for the property.
b. The project maximizes the potential for short-term occupancies through design and
operational characteristics, for instance by isolating larger residential units from high
activity uses.
c. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of guests.
d. For Vacation Residences, owner occupancy is limited to less than six (6) months in
any calendar year, with the unit available for nightly rental to the general public for the
remainder of the year. Voluntary seasonal limits may also be considered in meeting
this standard.
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e. Nightly rental rates are standardized and established by a Management Company rather
than individual owners.
f. A management and marketing plan provides for a standard management and marketing
strategy for the units participating in the Incentive Program.
g. The project includes hospitality amenities, commercial operations, or services
available to the general community.
3. The application shall demonstrate how the operation provides short-term occupancies to
the general public. The City may require an annual audit to ensure operation provides
accommodations to the general public and is not operating as a private residence.
4. The lodge or vacation residence shall enter into a development agreement with the City of
Aspen, pursuant to Chapter 26.490, Development Documents, outlining the commitments
made.
Section 5: Chapter 26.470, Growth Management Quota System, shall be amended 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. Minor Administrative applications.
Sec. 26.470.100. Major Administrative 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 is to: (a) implement the goals and policies of the City and the
Aspen Area Community Plan; (b) ensure that new growth occurs in an orderly and efficient
manner; (c) ensure sufficient public facilities to accommodate new growth and development; (d)
ensure that new growth and development is designed and constructed to maintain the character
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and ambiance of the City; (e) ensure 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 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 are mitigated.
26.470.020. Terminology.
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.
Development categories. All development falls into one of six (6) 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.
TABLE 1,Develo ment Categories
Category Description Allocation units
1. Free-Market Dwelling units intended exclusively for residential Dwelling units
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.)
2. Vacation Dwelling units intended for residential purposes Dwelling units
Residences and to house a transient tourist population on a
short-term basis, and subject to residency
requirements where an owner can occupy the unit
for no more than six (6) months in any calendar
year. Units may be in the form of multi-family
units or part of a mixed-use structure. (See
definition of Vacation Residences.)
3.Affordable Housing Dwelling units, intended to house only local Dwelling units
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.)
4. Commercial Buildings, or portions thereof, supporting office, Net leasable
retail, warehousing, manufacturing, commercial square feet
recreation, restaurant/bar or service oriented
businesses, including retail and office uses but not
including hotel, lodging or timeshare uses. (See
definition of Commercial use.)
S. Lodging Buildings, or portions thereof, used to house a Lodging
transient tourist population on a short-term basis, bedrooms
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including lodges, hotels, motels, bed and
breakfasts, and timeshare development. (See
definition of Hotel.)
6. Essential Public Facilities serving essential public purposes used by Square feet
Facilities or for the benefit of the general public and serving
the needs of the community. (See definition of
Essential public facility.)
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
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.
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.
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 shall 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 year in which
they are submitted and shall not automatically become eligible for allotments in future
years. Applications must be resubmitted in order to be eligible for allotments in the next
session or next year, as applicable. Resubmission shall constitute a new submission date
for the purposes of this chapter.
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D. Nonassignability 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.
E. No partial approvals. In order for a project to gain approval, sufficient allotments for
every element of the project must be obtained. 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 denied. No partial
approvals shall be granted. In the above example, the project shall be denied in total and
not granted allotments for the affordable housing units or the commercial space. 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 Section
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.
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. No combination of multiple affordable housing requirements. Unless otherwise
stated in this Title, 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.
H. Approvals Cumulative. Unless otherwise stated herein, all approvals, exemptions, and
allowances shall be considered cumulative. An applicant shall not receive approval for
serial actions or requests unless such actions or requests comply in combination.
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26.470.040. Allotment Procedures
A. General. Aspen area residents have determined that the maximum average growth rate
that can be accommodated without long-term negative consequences is two percent (2%) per
year, with the exception of permanently affordable housing. The AACP supports a "critical
mass" of permanent residents to be housed and a growth rate of more than two percent (2%) for
affordable housing ensures a balance of resort and community. The AACP also identifies
bolstering the lodging base as critical to Aspen's long-term success as a resort. Therefore, the
Growth Management Quota System does not limit the annual growth rate of affordable housing
and does not limit the growth rate of lodging facilities for 2014 and 2015, 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. Because Vacation Residences are
considered a form of both short-term accommodations and residential dwellings, a one percent
(I%) growth limit has been implemented.
B. 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:
annual Carry-forward
Available development allotments — allotment + allotment from
prior year
The following annual allotments are hereby established:
Table 2, Development Allotments
Development Type Annual Allotment
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19 units
An additional 19 units are
Free-Market Residential available for lodge projects for
growth management years 2014
and 2015
3 8 units
An additional 38 units are
Vacation Residences available for lodge projects for
growth management years 2014
and 2015
Affordable Housing No annual limit
Commercial 3 4,2 10 net leasable square feet
101 bedrooms, no annual limit
Lodging in growth management 2014 and
2015
Essential public facility No annual limit
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's 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. Allotment allocation procedure. Following approval or approval with conditions of a
growth management application, the Community Development Director shall issue a
development order pursuant to Section 26.304.070, 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. A project shall be assigned allotments when it
is submitted, but a development order shall not be issued until all requisite reviews are complete.
Should the project be denied, the reserved allotments shall be returned to the allotment pool
pursuant to the terms of this Chapter.
D. Expiration of growth management allotments. Growth management allotments granted
pursuant to this Chapter shall expire pursuant to the terms and limitations of Section 26.304.070.
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.B. Unused
allotments from previous years that were not rolled over by City Council pursuant to Section
26.470.120.13 shall be considered expired and may not be used by an applicant.
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E. Single-Family and Duplex allotments. In zone districts permitting the development of a
single-family, a duplex or two (2) single-family residences, one (1) development allotment may
be expressed as a single-family, a duplex or two (2) single-family residences. The parcel shall
have only one (1) development right regardless of the way in which it has been or is proposed to
be developed. The parcel may be condominiumized into separate ownership. In order to
subdivide the parcel, additional development rights shall be obtained.
26.470.050. Calculations.
A. General. Whenever affordable housing or cash-in-lieu is required to mitigate for employees
generated by a development, there shall be an analysis and credit for the employees generated by
the existing project, prior to redevelopment, and an employee generation analysis of the
proposed development. The employee mitigation requirement shall be based upon the
incremental employee generation difference between the existing development and the proposed
development. Except for the conversion between residential and lodge uses outlined in Section
26.470.140, Reconstruction limitations, 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. Table 3 establishes the employee generation rates for the City
of Aspen and shall be used to determine the employee generation of projects in the City. They
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.
Table 3, Employee Generation Rates
Employees Generated per,
1,000 Square Feet of Net
Zone District 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) commercial space
Mixed-Use (MU) 3.6
Service Commercial Industrial (S/C/I) 3.9
Public' 5.1
Lodge Preservation(LP) lodge units .3 per lodging bedroom
Lodge (L), Commercial Lodge (CL), Ski .6 per lodging bedroom
Base (SKI) and other zone district lodge
units
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Employees Generated per
1,000 Square Feet of Net
Zone District Leasable Space
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 generation.
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.
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.
Timeshare units are considered lodging projects for the purposes of determining employee
generation.
C. Employee generation review. All essential public facilities shall be reviewed by the
Planning and Zoning Commission to determine employee generation, pursuant to Section
26.470.110.D. 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,
according to the following criteria. 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.
D. Employees housed. Whenever a project provides on or off site affordable housing units, the
schedule in Table 4 shall be used to determine the number of employees housed by such units.
Table 4, FTEs Housed
Unit T e FTEs Housed
Studio 1.25
One-bedroom 1.75
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Unit Type FTEs Housed
Two-bedroom 2.25
Three-bedroom or 3.00, plus .5 per each additional bedroom
larger
Dormitory 1.00 employee per 400 square feet of net
livable space
E. Employee housing cash-in-lieu payment. Whenever a project provides employee housing
via a cash-in-lieu payment, in part or in total, the amount of the payment shall be in accordance
with the applicable provisions of the Aspen/Pitkin County Housing Authority Guidelines, as
amended.
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 FTE =400 square feet of net livable area.
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. Minor Administrative Applications. The Community Development Director shall approve,
approve with conditions or deny the application, based on the standards of review in Section
26.470.090, Minor Administrative applications.
B. Major Administrative Applications. The Community Development Director shall approve,
approve with conditions or deny the application, based on the standards of review in Section
26.470.100, Major Administrative applications, and Section 26.470.080, General Review
Standards.
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. Purpose: To determine if the application meets the standards for approval.
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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 review
standards of Section 26.470.110, City Council applications and Section 26.470.080,
General Review Standards.
4. Form of decision: The Commission's recommendation 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.
Step Two—Public Hearing before City Council.
1. Purpose: 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 review
standards of Section 26.470.110, City Council applications and Section 26.470.080,
General Review Standards.
4. Form of decision: City Council decision shall be by ordinance.
5. Notice requirements: 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.
C. Combined Reviews. An application for growth management review may be combined with
development applications for other associated land use reviews, pursuant to Section
26.3 04.060.13.1, Combined Reviews.
Sec. 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.
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A. Remodeling or expansion of existing single-family and duplex residential
development. The remodeling or expansion of existing single-family and duplex residential
dwellings shall be exempt from growth management. When demolition occurs, see Paragraph
26.470.090.B. (Also see definition of demolition, Section 26.104.100.)
B. Conversion of an existing single-family residence to a duplex residence or two (2)
detached dwelling units or vise-versa. The conversion of an existing single-family residence
into two (2) detached dwelling units or into a duplex residence, or vise-versa, shall be exempt
from growth management. When demolition occurs, see Paragraph 26.470.090.B. (Also see
definition of demolition, Section 26.104.100, and Zone Districts, Chapter 26.710.)
C. Remodeling or expansion of existing multi-family residential development. The
remodeling or expansion of existing multi-family residential dwellings shall be exempt from
growth management as long as no demolition occurs. When demolition occurs, see Sections
26.470.100.17-G. (Also see definition of demolition, Section 26.104.100.)
D. Remodeling or expansion of existing vacation residence development. The
remodeling or expansion of existing vacation residences shall be exempt from growth
management.
E. Relocation of historic structures. The 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, Historic Preservation.
F. Remodeling or replacement of existing commercial or lodge development.
Remodeling or replacement after demolition of existing commercial or hotel/lodge buildings and
portions thereof shall be exempt from the provisions of growth management, provided that no
additional net leasable square footage is created, there is no change in use, and there is no change
in the number of lodge units. Reduction of lodging units shall require approval pursuant to
Section 26.470.110(F). If redevelopment involves an expansion of net leasable square footage or
lodge units, only the replacement of existing development shall be exempt. Prior to demolition,
existing net leasable square footage and lodge units shall be documented by the applicant and
verified by the City Zoning Officer. (Also see definition of net leasable commercial and office
space, Section 26.104.100.)
G. 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 approved pursuant to Chapter 26.450.
H. Temporary Food Vending. The development of temporary food vending shall be
exempt from growth management, subject to the provisions of Chapter 26.575.040, Outdoor
Food and Beverage Vending.
I. Special events. Special events permitted by the City shall be exempt from this Chapter.
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J. 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.
K. 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 there is no expansion of floor area. Awnings shall be exempt from this Chapter.
L. 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)
M. 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
exempt from growth management if it meets 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 plus 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. Compliance with all zoning, building, and fire
codes is mandatory.
N. Religious Institutions. Development, expansion, remodeling or replacement after
demolition of religious institutions and portions thereof shall be exempt from the provisions of
growth management.
O. Changes in ownership style. Changes to ownership style (i.e. condominiumization,
timesharing, etc) shall be exempt from the provisions of this chapter,
26.470.080. General Review Standards.
All Major Administrative applications 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 Section 26.470.040.B. Applications for
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multi-year development allotments, pursuant to Section 26.470.11 O.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 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, streets, and transit services.
D. Affordable Housing Mitigation.
1. For commercial development, sixty percent(60%) of the employees generated by the
additional commercial development, according to Section 26.470.050.13, Employee
generation rates, shall be mitigated through the provision of affordable housing.
2. For lodge development, mitigation shall be assessed at the rates outlined in Section 26.470.
100.J, Expansion or New Lodge Development.
3. For free-market residential development, affordable housing net livable area shall be
provided in an amount equal to at least thirty percent (30%) of the additional free-market
residential net livable area.
4. For vacation residence development, affordable housing net livable area shall be provided
in an amount equal to at least fifteen percent(15%) of the additional vacation residence net
livable area.
5. For all affordable housing provided as mitigation pursuant to this chapter or for the
creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540:
a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority, as amended. A recommendation from the Aspen/Pitkin County Housing
Authority shall be required for this standard.
b. 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.
c. 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
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proposed, all requisite approvals shall be obtained prior to approval of the growth
management application.
d. If the total mitigation requirement for a project is less than one (1) full unit, a cash-in-
lieu payment may be made by right. If the total mitigation requirement for a project is
one (1) or more units, a cash-in-lieu payment shall require City Council approval,
pursuant to Section 26.470.110.C.
e. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation,
pursuant to Chapter 26.540, such Certificate 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.
f. Affordable housing units shall be approved pursuant to Paragraph 26.470.100.E,
Affordable housing, and shall be restricted to a Category 4 rate 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.
g. 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.
h. The proposed units shall be deed-restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. The owner may be entitled to select the first purchasers, subject to the
aforementioned qualifications, with approval from the Aspen/Pitkin County Housing
Authority. 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
Affordable Housing Guidelines established by the Aspen/Pitkin County Housing
Authority, as amended.
Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin
County or other similar governmental or quasi-municipal agency shall not be subject to
this mandatory "for sale" provision.
City Council may authorize the proposed units to be rental units, including but not
limited to rental units owned by an employer or nonprofit organization, only if a legal
instrument in a form acceptable to the City Attorney ensures permanent affordability of
the units. The City encourages affordable housing units required for lodge development
to be rental units associated with the lodge operation and contributing to the long-term
viability of the lodge. Lodge associated renta units may be deed restricted at any
category, subject to review by the Aspen/Pitkin County Housing Authority and approval
by City Council. Review of rental units shall be subject to the procedures outlined in
Section 26.470.060(C) Step Two.
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6. Affordable housing units that are being provided absent a requirement("voluntary units")
may be deed-restricted at any level of affordability, including resident occupied (RO).
Sec. 26.470.090. Minor 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. Minor administrative growth management approvals shall not
be deducted from the annual development allotments. All approvals apply cumulatively.
A. Single-family and duplex development on historic landmark properties. The
development of one (1) or multiple single-family residences or a duplex on a parcel of land
designated as an historic landmark and which contains an historic resource shall be approved by
the Community Development Director. This review applies to the rehabilitation of existing
structures, reconstruction after demolition of existing structures and the development of new
structures on historic landmark properties. No affordable housing mitigation shall be required,
provided that all necessary approvals are obtained, pursuant to Chapter 26.415, Historic
Preservation, and provided that the parcel contains an historic resource.
Development of single-family or duplex structures on an historic landmark property that does not
contain an historic resource (for example, a new house on a vacant lot which was subdivided
from an historic landmark property) shall be subject to the provisions of Paragraph
26.470.090.13, Single-family and duplex dwelling units.
B. Single-family and duplex dwelling units. The following types of development of
single-family or duplex structures shall require the provision of affordable housing in one (1) of
the methods described in Subparagraph 3:
1. The development of a new single-family, two detached residential units, or a duplex
dwelling on a vacant lot in one (1) of the following conditions:
a) A vacant lot created by a lot split, pursuant to Subsection 26.480.060.A.
b) A vacant lot created by an historic lot split, pursuant to Paragraph 26.480.060.13 ,
when the subject lot does not itself contain an historic resource.
c) A vacant 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.C.
2. The replacement after demolition of an existing single-family, two detached residential
units, or a duplex dwelling, regardless of when the lot was subdivided or legally
described.
3. Affordable housing mitigation requirements for the types of single-family, two detached
residential, and duplex development described above shall be as follows:
A. Single-family. In order to qualify for a single-family approval, the applicant shall
have six (6) mitigation options:
1) Providing an above-grade, detached accessory dwelling unit (ADU) or a carriage
house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage
Houses; or
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2) Providing a Certificate of Affordable Housing Credit as mitigation,pursuant to
Section 26.540.090 Authority of the Certificate, commensurate with the net
increase of square footage, according to Aspen/Pitkin County Housing Authority
Guidelines, as amended; or
3) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
4) Providing an accessory dwelling unit, or a carriage house, authorized through
special review to be attached and/or partially or fully subgrade, pursuant to
Chapter 26.520; or
5) Providing an off-site affordable housing unit within the Aspen Infill Area
accepted by the Aspen/Pitkin County Housing Authority and deed-restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended; or
6) Recording a deed restriction on the single-family dwelling unit at any category,
including resident occupied (RO).
B. Duplex or two detached residential units. In order to qualify for a duplex or two (2)
detached residential units approval, the applicant shall have seven (7) mitigation
options:
1) Providing one (1) free-market dwelling unit and one (1) deed-restricted dwelling
unit with a minimum floor area of one thousand five hundred (1,500) square feet
at any category, including resident occupied (RO); or
2) Providing two (2) above-grade, detached accessory dwelling units or carriage
houses (or one [1] of each), pursuant to Chapter 26.520; or
3) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to
Section 26.540.090 Authority of the Certificate, commensurate with the net
increase of square footage, according to Aspen/Pitkin County Housing Authority
Guidelines, as amended; or
4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
5) Providing two (2) accessory dwelling units or carriage houses (or one [1] of each)
authorized through special review to be attached and/or partially or fully
subgrade, pursuant to Chapter 26.520; or
6) Providing an off-site affordable housing unit within the Aspen Infill Area
accepted by the Aspen/Pitkin County Housing Authority and deed-restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended; or
7) Providing two (2) deed-restricted dwelling units at any category, including
resident occupied (RO).
C. Change in use of historic landmark sites and structures. The change of use between
the development categories identified in Table 1 of Section 26.470.020, of a property, structure
or portion of a structure designated as an historic landmark shall be approved, approved with
conditions or denied by the Community Development Director if no more than one (1) free-
market residence and no more than two (2) vacation residences are created. No affordable
housing mitigation shall be required. If more than one (1) free-market residence is created, the
additional units shall be reviewed pursuant to Section 26.470.100.I. If more than two (2)
vacation residences are created, the additional units shall be reviewed pursuant to Section
26.470.100(K)
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D. Minor enlargement of an historic landmark for commercial, lodge or mixed-use
development. The enlargement of a property, structure or portion of a structure designated as an
historic landmark for commercial, lodge or mixed-use development shall be approved, approved
with conditions or denied by the Community Development Director based on the following
criteria.
1. If the development increases either floor area or net leasable space/lodge units, but not
both, then no employee mitigation shall be required.
2. If the development increases both floor area and net leasable space/lodge units, up to four
(4) employees generated by the additional commercial/lodge shall not require the
provision of affordable housing mitigation. This shall be cumulative. An expansion
generating more than four (4) employees shall not qualify for this administrative review
and shall be reviewed pursuant to Section 26.470.100.13.
3. No more than one (1) free-market residence is created. This shall be cumulative and shall
include administrative GMQS approvals granted prior to the adoption of Ordinance No.
19, Series of 2014.
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 shall be approved, approved with conditions or denied by the Community
Development Director based on the following criteria.
1. 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
two (2) additional hotel/lodge units. No employee mitigation shall be required.
2. The expansion involves no residential units.
3. This shall be cumulative and shall include administrative GMQS approvals granted prior
to the adoption of Ordinance No. 19, Series of 2014.
26.470.100. Major 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.
Except as noted, all growth management applications shall comply with the general requirements
of Section 26.470.080. Except as noted, all Major Administrative growth management approvals
shall be deducted from the respective annual development allotments. Approvals apply
cumulatively.
A. Alley stores. The expansion or conversion of an existing commercial or mixed-use
building, or portion thereof, or the development of a new commercial or mixed-use building to
accommodate a storefront along an alleyway shall be approved, approved with conditions or
denied by the Community Development Director based on the following criteria:
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1. The commercial space or spaces shall be no greater than six hundred (600) gross square
feet per space, including storage and other non-leasable space, and shall have no internal
connection to any other space. Multiple spaces may be created.
2. The commercial space shall not reduce the property's utility/trash/recycle service area
requirement unless such reduction is approved pursuant to Chapter 12.10 of the
Municipal Code.
3. Alley stores that front entirely on an alleyway with no fenestration or direct access along
a primary street shall not require the provision of affordable housing, and shall not be
deducted from the annual development allotments.
B. Enlargement of an historic landmark for commercial, lodge or mixed-use
development. The enlargement of an historic landmark building for commercial, lodge or
mixed-use development shall be approved, approved with conditions or denied by the
Community Development Director based on the following criteria:
1. Up to four (4) employees generated by the additional commercial/lodge development
shall not require the provision of affordable housing. Thirty percent (30%) of the
employee generation above four (4) and up to eight (8) employees shall be mitigated
through the provision of affordable housing, affordable housing certificates, or cash in
lieu thereof. Sixty percent (60%) of the employee generation above eight (8) employees
shall be mitigated through the provision of affordable housing, affordable housing
certificates, or cash in lieu thereof.
For example: A project generating 15 employees shall require employee mitigation for a
total of 5.4 employees, as follows:
First 4 employees = 0 employee
mitigation
Second 4 employees mitigated at = 1.2 employees
30%
Remaining 7 employees mitigated = 4.2 employees
at 60%
Affordable housing shall be approved pursuant to Section 26.470.080.D, Affordable
Housing Mitigation.
2. Up to one (1) free-market residence may be created pursuant to Section 26.470.090.E,
Minor enlargement of an historic landmark for commercial, lodge or mixed-use
development. This shall be cumulative and shall include GMQS approvals granted prior
to the adoption of Ordinance No. 19, Series of 2014. Additional free-market units
(beyond one [1]) shall be reviewed pursuant to Section 26.470.100.1, New free-market
residential units within a multi-family or mixed-use project.
C. Change in use. A change in use of an existing property, structure or portions of an
existing structure between the development categories identified in Table 1 of Section
26.470.020 (irrespective of direction) and shall be approved by the Community Development
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Director based on the general requirements outlined in Section 26.470.080. No more than one
(1) free-market residential unit and no more than two (2) vacation residences may be created
through the change in use.
D. Expansion of free-market residential units or vacation residences within a multi-
family or mixed-use project. The net livable area expansion after demolition of existing free-
market residential units or vacation residences within a multi-family or mixed-use project, shall
be approved, approved with conditions or denied by the Community Development Director
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 or vacation residences shall not require a development allotment.
E. Affordable housing. The development of affordable housing deed-restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved,
approved with conditions or denied by the Community Development Director based on the
general requirements outlined in Section 26.470.080.
F. Demolition of affordable housing units: In the event a project proposes to demolish,
remove a deed-restriction, displace, or redevelop existing deed-restricted affordable housing
units, the applicant shall provide replacement housing consisting of no less than one hundred
percent (100%) of the number of employees (FTEs) housed, pursuant to the schedule in Section
26.470.050.D, Employees Housed. The applicant may increase or decrease the number of units,
bedrooms or net livable area such that there is no decrease in the total number of FTEs housed by
the existing units.
The affordable housing may be provided through the construction of new affordable housing
units on the same parcel, on a different parcel, or through the deed restriction of off-site
residences from free-market to affordable housing. The new affordable housing units shall be
constructed within City Limits, unless otherwise approved through Section 26.470.110.B. The
provision of Affordable Housing Credits may only be accepted to mitigate a fraction of a unit
and shall be approved pursuant to Section 26.470.080.D.5, Affordable housing. Provision of
cash-in-lieu to meet this requirement is prohibited.
The replacement unit types shall be acceptable to the Aspen/Pitkin County Housing Authority.
Changes in the Category designation of the units may be approved by the City Council upon a
recommendation by the Aspen/Pitkin County Housing Authority. The replacement housing shall
not be used to meet any other mitigation requirement of this Title.
G. Demolition of free-market multi-family housing. To ensure the continued vitality of
the community and a critical mass of local working residents, the combining, demolition,
conversion or redevelopment of free-market multi-family housing shall be approved, approved
with conditions or denied by the Community Development Director based on compliance with
the following requirements (Also see definition of demolition.):
1. Replacement Options. The application must comply with one of the following replacement
options:
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a. One-hundred-percent replacement on-site as Category 4 Affordable Housing. 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 employees (FTEs) housed, pursuant to the schedule in Section
26.470.050.D, Employees Housed.
The replacement unit types shall be acceptable to the Aspen/Pitkin County Housing
Authority and shall be developed on the same parcel. The replacement units shall be
deed-restricted as Category 4 affordable housing, pursuant to the Guidelines of the
Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation
units at a lower category designation. Each replacement unit shall be approved pursuant
to Section 26.470.080.D.5.
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. Free-market units in excess of the total number originally
on the parcel shall be reviewed pursuant to Section 26.470.100.I, New free-market
residential units within a multi-family or mixed-use development.
b. Fifty percent replacement on- or off-site as Category 2 affordable housing. 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 fifty percent (50%) of the
number of employees (FTEs) housed, pursuant to the schedule in Section 26.470.050.D,
Employees Housed.
The required housing shall be deed-restricted as Category 2 affordable housing, pursuant
to the Guidelines of the Aspen/Pitkin County Housing Authority. An applicant may
choose to provide mitigation units at a lower category designation.
The affordable housing may be provided through the construction of new affordable
housing units on the same parcel, on a different parcel, through the deed restriction of
off-site residences from free-market to affordable housing, or through the provision of
Affordable Housing Credits. Provision of replacement units shall be approved pursuant to
Section 26.470.100.E, Affordable housing. Provision of Affordable Housing Credits
shall be reviewed pursuant to Chapter 26.540 Certificate of Affordable Housing Credit.
The affordable housing units shall be constructed within City Limits, unless otherwise
approved through Section 26.470.110.B.
When this fifty-percent standard is accomplished, the parcel may be redeveloped
according to the allowances and limitations of this Title, including this Chapter. A credit
for the previous Floor Area, net livable area, and number of free-market residences shall
be applied to the new development's growth management and mitigation requirements.
New free-market units in excess of the number originally on the parcel shall be reviewed
pursuant to Section 26.470.100.I, New free-market residential units within a multi-family
or mixed-use project.
2. Developing excess affordable housing for Credit. Affordable housing developed in excess of
the requirements of this Section shall be eligible for a Certificate of Affordable Housing
Credit, pursuant to Chapter 26.540 Certificate of Affordable Housing Credit.
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3. Cash-in-lieu Prohibited. The requirements of this Section may not be met through a cash-in-
lieu payment.
4. 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. A Certificate of
Affordable Housing Credit shall be extinguished prior to issuance of a building permit.
5. Development agreement. The applicant and the City shall enter into a development
agreement, pursuant to Section 26.490.050 Approval Documents — Development
Agreements, 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.
6. Growth management 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. Any free market residential development rights
remaining after redevelopment shall be considered void.
7. 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 land owner. The Community Development Director may
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.
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c. 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 for the past ten (10) years. 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 within the timeframes above. 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" or "Pirate
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. An applicant may choose to deed restrict at a lower level.
e. Any development action involving demising walls or floors/ceilings necessary for the
normal upkeep, maintenance, or remodeling of adjacent Multi-Family Housing Units.
£ 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.
H. 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 commercial
building or commercial portion of a mixed-use building shall be approved, approved with
conditions or denied by the Community Development Director based on general requirements
outlined in Section 26.470.080.
I. 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 Community Development Director
based on the general requirements outlined in Section 26.470.080.
J. Expansion or new lodge development. The expansion of an existing lodge or the
development of a new lodge shall be approved, approved with conditions or denied by the
Community Development Director based on the general requirements outlined in Section
26.470.080 and the following criteria:
1. If the project contains less than one (1) lodge and vacation residence unit per seven
hundred and fifty (750) square feet of net lot area, the following affordable housing
mitigation standards shall apply:
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a) Affordable housing net livable area equaling thirty percent (30%) of the additional
free-market residential net livable area.
b) Sixty percent (60%) of the employees generated by the additional lodge, timeshare
lodge, exempt timeshare units and associated commercial development, according to
Section 26.470.050.13, Employee generation rates, shall be mitigated through the
provision of affordable housing.
2. If the project contains a minimum of one (1) lodge and vacation residence unit per seven
hundred and fifty (750) square feet of net lot area, the following affordable housing
mitigation standards shall apply. Expansions shall be cumulative.
Number of New Affordable Housing Unit
Lodge Units Requirement
Up to 2 Units No Requirement
3—10 Units 1.8 FTEs
11—25 Units 3.96 FTEs
26-50 Units 9.36 FTEs
51+ Units 18.36 FTEs
K. New vacation residences within a multi-family or mixed-use project. The
development of new vacation residences within a multi-family or mixed-use project shall be
approved, approved with conditions or denied by the Community Development Director based
on the general requirements outlined in Section 26.470.080.
L. 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 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 Community
Development Director based on the following criteria:
1. A minimum of sixty percent (60%) of the total additional units and thirty percent (30%)
of the project's additional floor area shall be affordable housing. Multi-site projects are
permitted. Affordable housing units provided shall be approved pursuant to Section
26.470.100.E, Affordable Housing, and shall average Category 4 rates as defined in the
Aspen/Pitkin County Housing Authority Guidelines.
2. 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
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.
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M. 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
Community Development Director based on the following criteria:
1. 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 (30%) affordable housing unit requirement may be provided at
any category, including 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 Section 26.470.100.E, Affordable
Housing.
2. 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.
Sec. 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 four(4) of the following criteria.
a) The proposal exceeds the minimum affordable housing required for a standard
project.
b) The 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 Guidelines and
provides a desirable mix of affordable unit types, economic levels and lifestyles (e.g.,
singles, seniors, families, etc.). A recommendation from the Aspen/Pitkin County
Housing Authority shall be considered for this standard.
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d) The proposal minimizes impacts on or improves public infrastructure by
incorporating innovative design techniques. Recommendations from relevant
departments shall be considered for this standard. For example, if an applicant
proposed an innovative design related to the stormsewer system, a recommendation
from the Engineering Department shall be considered.
e) The proposal minimizes construction impacts beyond the 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 26.630, Transportation Impact
Analysis Guidelines. A recommendation from the Transportation and Engineering
Departments shall be considered for this standard.
g) The proposal exceeds minimum requirements of the Efficient Building Code or for
LEED certification, as applicable. A recommendation from the Building Department
shall be considered for this standard.
h) The proposal represents a desirable site plan and an architectural design solution.
i) If the project includes a lodge component it shall provide lodging rooms and
amenities that sustain the long-term resort interest of the community, and provide a
diversity of lodging options, including size and type of units.
3. 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.
4. 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 either required as mitigation by this Chapter or for the creation of Certificates
of Affordable Housing Credit, 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). A recommendation from the Aspen/Pitkin County Housing
Authority shall be considered for this standard.
3. The applicant has received all necessary approvals from the governing body with
jurisdiction of the off-site parcel.
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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, some, or none.
C. Provision of required affordable housing via a cash-in-lieu payment. The provision
of affordable housing equal to or in excess of one (1) residential unit, as required by Chapter
26.470, Growth Management, via a cash-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 reasonable good-faith effort in pursuit of providing the required
affordable housing off site through construction of new dwelling units or the deed
restriction of existing dwelling units to affordable housing status.
3. The proposal furthers affordable housing goals, and the cash-in-lieu payment will result
in the near-term production of affordable housing units. A recommendation from the
Aspen/Pitkin County Housing Authority shall be considered for this standard.
The City Council may accept any percentage of a project's total affordable housing mitigation to
be provided through a cash-in-lieu payment, including all, some or none. Unless otherwise
required by this Title, the provision of affordable housing via a cash-in-lieu payment for a
fraction of a dwelling unit shall not require City Council approval.
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
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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 requirements of Section 26.470.100.E. 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.
3. Proximity and/or visibility of the preservation parcel to the City.
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 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 Imitations.
a. The project shall comply with the review standards outlined in Section 26.430.040(J),
Special Review—Lodge Units & Vacation Residences.
b. 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.
c. 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 home.
26.470.120. Yearly Growth management accounting procedures.
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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 session and 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 may 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 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:
A. The general application information required in Common development review
procedures, Chapter 26.304.
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B. A site-improvement survey meeting the requirements of Title 29, Engineering Design
Standards.
C. A description of the project and the number and type of the requested growth
management allotments.
D. 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.
E. 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.
F. 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.
G. A written response to each of the review criteria for the particular review requested.
H. Copies of relevant previous approvals from the Planning and Zoning Commission,
Historic Preservation Commission and the City Council.
26.470.140. Reconstruction 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 credit, 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. This time limitation shall not apply to the reconstruction of single-family and duplex
development.
B. Applicants shall verify existing conditions prior to demolition with the City Zoning
Officer in order to document reconstruction rights. An applicant's failure to accurately document
existing conditions prior to demolition and verify reconstruction rights with the City Zoning
Officer may result in a loss of some or all of the reconstruction rights.
C. 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.
D. Reconstruction rights shall be limited to reconstruction on the same parcel or on an
adjacent parcel under the same ownership.
E. Residential redevelopment credits may be converted to lodge redevelopment credits by
the Community Development Director. The conversion rate shall be one (1) residential unit per
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five (5) lodge units. 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 i£
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, or those changes have been accepted by the Aspen/Pitkin
County Housing Authority.
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 established by the Director's review. The decision of the
Planning and Zoning Commission shall constitute the final administrative action on the matter.
B. 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.
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Section 6: The following definitions in Section 26.104.100, Definitions, shall be deleted:
Dwelling, Residential multi family housing, Rooming house, and Timeshare lodge.
Section 7: The following definitions in Section 26.104.100, Definitions, shall be amended and
added as follows:
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.
Aspen community growth boundary. Same as Aspen metropolitan (metro) boundary and the
Urban Growth Boundary.
Aspen metropolitan (metro) boundary. That geographic area described and illustrated in the
Aspen Area Community Plan, as amended from time to time, encompassing both the City and its
environs. (Also known as the Urban Growth Boundary and Aspen community growth
boundary).
Bed and breakfast. A single-family dwelling used as a lodging establishment for temporary
overnight guests, other than a hotel or lodge, and which contains no more than twelve (12) guest
rooms and is operated by an on-site resident manager or owner. This shall include all uses
formerly known as boardinghouses and rooming houses. The dimensions for a bed and
breakfast shall meet those for a single-family home in the zone district, unless otherwise
established in the zone district. Occupancy periods by any one (1) person or entity with an
ownership interest in the bed and breakfast or units thereof, shall not exceed thirty (30)
consecutive days or exceed ninety (90) days within any calendar year, regardless of the form of
ownership. Occupancy periods for person or entities with no ownership interested (e.g.
vacationers) shall be limited only by the (90) ninety-days per calendar year requirement. These
occupancy limitations shall not apply to an on-site manager or operator.
Density. The number of dwelling units, bedrooms, vacation residence units, or lodge units per
unit of land.
Dwelling, attached residential. A residential Dwelling Unit which is physically connected to
one or more other dwellings or uses in either an over-and-under or side-by-side configuration
with common unpierced demising walls or floors/ceilings as applicable.
Dwelling, detached residential. A residential structure consisting of a single Dwelling Unit
with open yards on all sides, excluding mobile homes. Also known as a Single-Family Home or
a Single-Family Residence.
Dwelling, duplex. A residential building on a single lot or parcel comprised of two (2) attached
Dwelling Units in either an over-and-under or side-by-side configuration having a common
unpierced above-grade wall of at least one (1) story in height and ten (10) feet in length, or a
common unpierced wall or floor/ceiling as applicable. Historic properties may provide the
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common unpierced connection below-grade, provided it is at least one (1) story in height and ten
(10) feet in length. Each unit in the duplex shall contain no less than twenty-five percent (25%)
of the total floor area of the duplex structure.
Dwelling, multi-family. A residential structure containing three (3) or more attached Dwelling
Units in either an over-and-under or side-by-side configuration with common unpierced
demising walls or floors/ceilings as applicable, 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 Detached Residential Units.
Dwelling unit. A structure or portion thereof, intended and used as a shelter in which a person,
people, or a family reside and sleep which contains one kitchen, sleeping area(s), bathroom(s),
which is designed for or used as an individual residence, and which has no internal connection to
any other residential or non-residential unit or use. Also known as a Dwelling or a Residence.
Hotel (a.k.a. Lodge). A building or parcel containing individual units used for overnight
lodging by the general public on a short-term basis for a fee, with or without kitchens within
individual units, with or without meals provided and which has common reservation and
cleaning services, combined utilities, and on-site management and reception services. Lodge
units that have been timeshared (a.k.a. fractional) are considered hotels for the purposes of this
Title. For hotels with flexible unit configurations, also known as "lock-off units," each rentable
division or "key" shall constitute a lodge unit for the purposes of this Title. A minimum of five
(5) units is required to be considered a hotel/lodge.
Occupancy periods of a hotel or unit thereof, by any one (1) person or entity with an ownership
interest in the hotel or units thereof, shall not exceed thirty (30) consecutive days or exceed
ninety (90) days within any calendar year, regardless of the form of ownership. Occupancy
periods for person or entities with no ownership interested (e.g. vacationers) shall be limited only
by the (90) ninety-days per calendar year requirement.
Lock-off unit — A lodge unit or vacation residence that may be divided into two (2) or more
rentable units. Lock-offs are not permitted in Residential Dwelling Units.
Lodge. Same as hotel.
Lodging and Vacation Residence Incentive Program — The City of Aspen's voluntary
program designed to encourage lodging and short-term rental products catering to overnight
stays by tourists. See Chapter 26.595, Lodging and Vacation Residence Incentive Program.
Long term. The occupancy of a dwelling unit or vacation residence for residential purposes for
a consecutive time period greater than thirty (30) days.
Mixed-use. The use of land or a structure for more than one (1) of the following land uses:
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Commercial, which shall include retail and restaurant uses, neighborhood commercial uses,
office uses, service uses, service commercial industrial uses, food market and commercial
parking facilities, but which shall exclude agricultural uses and artist studios.
Residential, which shall include detached dwelling, attached dwelling, single-family
dwelling, duplex dwelling, multi-family dwelling, manufactured home, free-market
residence, affordable housing, employee housing, group home, dormitory, accessory
dwelling unit and carriage house.
Lodging, which shall include hotel, timeshare lodge, timesharing of residences, and vacation
residences, but shall exclude bed and breakfast.
Civic, which shall include arts, cultural and civic uses; child care center; essential public
facilities; recreational use and public uses; but shall exclude open space, open use recreation
site.
Accessory uses, temporary uses and the ownership of property by a nonprofit organization
that is not used as set forth above shall not qualify a property or structure as mixed-use.
Residential use. Used or intended for use exclusively for dwelling purposes, but not including
hotels, lodges, or vacation residences.
Short-term. The occupancy of a hotel, lodge unit, vacation residence, or vacation rental for a
consecutive time period equal to or less than thirty (30) days in duration.
Timeshare lodge, development or unit. A development, building, lodge, lodge unit, vacation
residence, or dwelling unit the title to which has been, divided either into interval estates or time-
span estates as defined at Section 38-33-110, C.R.S., as may be amended from time to time, and
that has been approved pursuant to Chapter 26.590, Timeshare Development.
Timeshare use. A contractual or membership right of occupancy (which cannot be terminated
at the will of the owner) for life or for a term of years, to the recurrent and exclusive use or
occupancy of a dwelling unit, lodge unit, or vacation residence on some periodic basis for a set
period of time that has been allotted from use or occupancy periods into which the unit has been
divided.
Urban Growth Boundary. Same as Aspen metropolitan (metro) boundary and the Aspen
community growth boundary.
Vacation rental. The short term occupancy of a residential dwelling unit by the general public
for a fee. A vacation rental shall not include the rental of individual rooms within a residential
dwelling unit. See Section 26.575.220
Vacation Residence — An individual dwelling unit within a multi-family, mixed-use, or lodge
project that allows periodic overnight short-term rental to the general public for a fee. A
Vacation Residence may be occupied by an owner or owner's guest for no more than six (6)
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months in any calendar year. The unit shall be available for short-term rentals to the general
public for at least six (6) months in any calendar year.
Section 8: Section 26.710.090, Residential Multi-Family (RMF), shall be amended as follows:
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, vacation residences, short term
vacation 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. Lock-off unit accessory to a residence is prohibited.
5. Vacation Residences; lock-off unit accessory to a vacation residence
6. Home occupations.
7. Accessory buildings and uses.
8. Dormitory.
9. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520.
10. Vacation Rentals. Pursuant to Section 26.575.220
11. Timesharing of residences and vacation residences pursuant to Chapter 26.590.
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. For historic landmark properties: bed and breakfast.
2. Arts, cultural and civic uses.
3. Academic uses.
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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 Residential Multi-Family (RMF) Zone District:
1. Minimum Gross Lot Area(square feet): 6,000. 3,000 for historic landmark properties.
2. Minimum Net Lot Area per dwelling square feet):
a. Detached residential dwelling: 4,500. 3,000 for historic landmark properties.
b. Duplex dwelling unit: 4,500. 3,000 for historic landmark properties.
c. All other uses: No requirement.
3. Minimum lot width(feet): sixty (60). For historic landmark properties: thirty (30).
4. Minimum front yard setback(feet):
a. Detached residential, duplex dwellings, Bed and Breakfast: Same as R-6 Zone
District.
b. Multi family and Vacation Residence projects: five (5).
c. Arts, cultural and civic uses, Academic uses, Recreational uses, Group home, Child
care center: Same as R-6 Zone District allowance for a detached residence.
5. Minimum side yard setback(feet):
a. Detached residential, duplex dwellings, Bed and Breakfast: same as R-6 Zone
District.
b. Multi family and Vacation Residence projects: five (5).
c. Arts, cultural and civic uses, Academic uses, Recreational uses, Group home, Child
care center: Same as R-6 Zone District allowance for a detached residence.
6. Minimum rear yard setback(feet):
a. Detached residential, duplex dwellings, Bed and Breakfast: same as R-6 Zone
District.
b. Multi family and Vacation Residence projects: five (5).
c. Arts, cultural and civic uses, Academic uses, Recreational uses, Group home, Child
care center: Same as R-6 Zone District allowance for a detached residence.
7. Minimum utility/trash/recycling area: Pursuant to Chapter 12.10 — Space Allocation for
Trash and Recycling Storage.
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8. Maximum height (according to density) (feet): Achieving the maximum height is subject
to compliance with applicable design standards, view plane requirements, public amenity
requirements and other dimensional standards. Accordingly, the following maximum
heights may not be achievable in all situations and are not an entitlement. For density
incentives, vacation residence "lock-offs" shall not be counted as individual units.
Height may not be otherwise established through a Planned Development Review.
a. Detached residential, duplex dwellings, Bed and Breakfast: same as R-6 Zone
District.
b. Arts, cultural and civic uses, Academic uses, Recreational uses, Group home, Child
care center: Same as R-6 Zone District allowance for a detached residence.
c. Multi family and Vacation Residence projects with less than one (1) residential or
vacation unit per ],250 square feet of Net Lot Area: twenty-five (25).
d. Multi family and Vacation Residence projects with one (1) or more residential or
vacation units per ],250 square feet of Net Lot Area: thirty-two (32).
e. Multi family and Vacation Residence projects within the Aspen Infill Area with one
(1) or more residential or vacation units per 750 square feet of Net Lot Area: 36 feet.
9. Minimum distance between buildings on the lot (feet):
a. Detached residential, duplex dwellings, Bed and Breakfast: same as R-6 Zone
District.
b. Multi family: No requirement. (Building and Fire Codes may apply.)
c. Arts, cultural and civic uses, Academic uses, Recreational uses, Group home, Child
care center: Same as R-6 Zone District allowance for a detached residence.
10. Public amenity pace: Pursuant to Section 26.575.030.
11. Floor area ratio (FAR). 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 following maximum floor area ratios
may not be achievable in all situations and are not an entitlement. For density incentives,
vacation residence "lock-offs" shall not be counted as individual units.
a. Detached residential, duplex dwellings, Bed and Breakfast: Seventy-five percent
(75%) 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. Arts, cultural and civic uses, Academic uses, Recreational uses, Group home, Child
care center: Same as R-6 Zone District for a detached residence.
c. Multi family and Vacation Residence projects with less than one (1) residential or
vacation residence per ],250 square feet of Net Lot Area: 0.75:1.
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d. Multi family and Vacation Residence projects with one (1) or more residential or
vacation residence per ],250 square feet of Net Lot Area: 1.25:1.
e. Multi family and Vacation Residence projects within the Aspen Infill Area with one
(1) or more residential or vacation residence per 750 square feet of Net Lot Area:
1.75:1.
12. Maximum multi-family dwelling and vacation unit size (square feet): For properties in
the Aspen infill area: 1,500 square feet of net livable area. For properties outside the
Aspen infill area: 2,000 square feet of net livable area. This limitation applies to each
individual unit (not an average size of the units). When units are comprised of lock-off
units, this maximum shall apply to the largest possible combination of units.
a. The property owner may increase individual unit size by extinguishing historic
transferable development right certificates ("certificate" or "certificates"), subject to
the following:
1) The transfer ratio is 1,000 square feet of net livable area for each certificate that is
extinguished. See Chapter 26.535 for the procedures for extinguishing certificates.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable for any one unit is 2,500
square feet of net livable area in the Aspen infill area and 3,000 square feet of net
livable area outside the Aspen infill area.
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 and does
not exempt the development from other requirements of this Title.
4) Increasing unit size of vacation residences beyond 1,500 sq ft is also subject to
Special Review, pursuant to Chapter 26.430.
5) Maximum unit size for free-market residential dwelling units and vacation units
may not be otherwise established for a project through a Planned Development
review.
Section 9: Section 26.710.100, Residential Multi-Family-A (RMFA), shall be amended as
follows:
Subsection 26.710.100(B)(9), "For historic properties: bed and breakfast" shall be deleted and
moved to become Subsection 26.710.100(C)(1). All other subsections in 26.710.100(B) and
26.710.100(C) shall be renumbered.
"Bed and breakfast" shall be added to the following Subsections: 26.710.100(D)(4)(a), (5)(a),
(6)(a), (7)(a), and (8)(a). These subsections shall read "Detached residential and duplex
dwellings, and Bed and Breakfast: Same as R-6 Zone District limitations for a single-family
dwelling."
Section 26.710.100(D)(10)(a) shall be deleted and all subsequent sections shall be renumbered.
Section 26.7 10.1 00(D)(1 0)(b) shall be renumbered as 26.710.100(13)(10)(a)and amended to state: "New
or replacement after demolition detached residential and duplex dwellings, and Bed and
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Breakfast: Seventy-five percent (75%) 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."
A new subsection, 26.710.100(D)(11) shall be amended to state:
11. Maximum multi-family unit size (square feet): For properties in the Aspen infill area: 1,500
square feet of net livable area. For properties outside the Aspen infill area: 2,000 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 1,000 square feet of net livable area for each certificate that is
extinguished. See Chapter 26.535 for the procedures for extinguishing certificates.
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.
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.
4. Maximum unit size may not be otherwise established for a project through a Planned
Development review.
Section 10: Section 26.710.140, Commercial Core (CC), shall be amended as follows:
26.710.140 Commercial Core (CC).
A. Purpose. The purpose of the Commercial Core (CC) Zone District is to allow the use of
land for retail, service commercial, recreation and institutional purposes within mixed-use
buildings to support and enhance the business and service character in the historic central
business core of the City. The district permits a mix of retail, office, hotel/lodging, affordable
housing, and short term vacation rental uses oriented to both local and tourist populations to
encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of
buildings while residential and office uses are not permitted on ground floors. New free-market
residential uses and expansions of existing free-market residential uses are not permitted.
B. Permitted uses. The following uses are permitted as of right in the Commercial Core
(CC) Zone District:
1. Uses allowed on the ground floor: Retail and restaurant uses; neighborhood commercial
uses; service uses; arts, cultural and civic uses; public uses, recreational uses; academic
uses; child care center; uses and building elements necessary and incidental to uses
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permitted on other floors. Hotel, Lodge uses, and lock-offs, only when the entire
building is dedicated to hotel/lodge use and its accessory uses. Office uses are prohibited
on the ground floor except within demised units that are independent of and not
connected to retail/restaurant units, and that are set back a minimum of fifty (50) feet
from a street. 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.
2. Uses allowed on all other floors: Retail and restaurant uses; neighborhood commercial
uses; offices uses; service uses; hotel, lodge, and lock-offs; arts, cultural and civic uses;
public uses, recreational uses; academic uses; child care center; affordable multi-family
housing; accessory uses and structures; storage accessory to a permitted use; uses and
building elements necessary and incidental to uses on other floors, including parking
accessory to a permitted use; home occupations and vacation rentals in existing
residential units and new affordable housing 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.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Commercial Core (CC) Zone District:
1. Minimum Gross Lot Area(square feet): No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width(feet): No requirement.
4. Minimum front yard setback(feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement
7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.10— Space Allotment for
Trash and Recycling Storage.
8. Maximum height(feet): Achieving the maximum height is subject to compliance with
applicable design standards, view plane requirements, public amenity requirements and
other dimensional standards. Accordingly, the following maximum heights may not be
achievable in all situations and are not an entitlement. Height may not otherwise be
established through a Planned Development Review.
a) For properties located on the south side of a Street: Twenty-Eight (28) feet for two
story elements of a building.
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b) For properties located on the north side of a Street: Twenty-Eight (28) feet for two
story elements of a building and Thirty-eight (38) feet for three-story elements of a
building, which may be increased to forty (40) feet through commercial design
review. The footprint of all third story conditioned space shall not exceed 50% of the
gross parcel square footage. Unconditioned deck space is permitted at 100% of the
building footprint. The location of the third story is subject to commercial design
review. See Chapter 26.412 and the Commercial, Lodging and Historic District
Design Objectives and Guidelines.
9. Minimum floor heights:
a) Minimum First Floor to Second Floor_floor-to floor: Thirteen(13) feet.
b) Minimum Upper Floor-to-ceiling height: Nine (9) feet.
c) Floor-to-Ceiling heights in upper floors shall be less than the floor-to-ceiling height
of the first floor.
10. Minimum distance between buildings on the lot(feet): No requirement.
11. Public amenity space: Pursuant to Section 26.575.030.
12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a
total maximum FAR of 2.75:1. 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 following maximum
floor area ratios may not be achievable in all situations and are not an entitlement.
a. Commercial uses: 2.5:1.
b. Arts, cultural and civic uses,public uses, recreational uses, academic uses, child care
center and similar uses: 2.5:1.
c. Affordable multi family housing: No limitation other than the cumulative FAR limit
stated above.
d. Hotel, Lodge: 2.5:1
13. Maximum Hotel and Lodge Unit Size: 1,000 sq. ft. of net livable area for Hotel and
Lodge units. This limitation applies to each individual unit(not an average size of the
units). When units are comprised of lock-off units, this maximum shall apply to the
largest possible combination of units.
a. The property owner may increase individual unit size by up to 1,000 square feet of
net livable space through Special Review pursuant to Section 26.430.040(J).
1) The maximum individual unit size attainable by Special Review is 2,000 square
feet of net livable area for any one Hotel or Lodge unit.
2) This incentive applies only to individual unit size. Special Review approval does
not allow an increase in the floor area ratio (FAR) of the lot and does not exempt
the development from other requirements of this Title.
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3) Maximum unit size may not be otherwise established for a project through a
Planned Development review
14. Commercial/residential ratio: The total residential net livable area shall be no greater
than the total above-grade floor area associated with the uses described in Subparagraphs
26.710.140.D.12.a. and b. combined on the same parcel.
Section 11: Section 26.710.150, Commercial (C-1), shall be amended as follows:
26.710.150 Commercial (C-1).
A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the
establishment of mixed-use buildings with commercial uses on the ground floor, and
opportunities for affordable residential density, and vacation rentals on upper floors. The district
permits a mix of retail, office, hotel/lodging, affordable housing, and short term vacation rental
uses oriented to both local and tourist populations to encourage a high level of vitality. A
transition between the commercial core and surrounding residential neighborhoods has been
implemented through a slight reduction in allowable floor area as compared to the Commercial
Core, the ability to occupy the ground floor with offices, and a separate chapter in the
commercial design guidelines. New free-market residential uses and expansions of existing free-
market residential uses are not permitted.
B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1)
Zone District:
1. Uses allowed on basement, ground and second floors: Retail and restaurant uses,
neighborhood commercial uses, service uses, lodging uses and lock-offs accessory to a
lodge, office uses, arts, cultural and civic uses, public uses, recreational uses, academic
uses, child care center, 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. 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: Lodging, affordable multi-family housing, retail and
restaurant uses, and home occupations and vacation rentals in existing residential units
and new affordable housing units. Lock-offs accessory to a Hotel or Lodge.
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. On the ground floor: Affordable multi-family housing, and home occupations.
2. Gasoline service station.
3. Commercial parking facility, pursuant to Section 26.515.
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D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Commercial (C-1) Zone District:
1. Minimum Gross Lot Area(square feet): No requirement.
2. Minimum Net Lot Area per dwelling unit(square feet): No requirement.
3. Minimum lot width(feet): No requirement.
4. Minimum front yard setback(feet): No requirement.
5. Minimum side yard setback(feet): No requirement.
6. Minimum rear yard setback (feet): No requirement.
7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.10— Space Allotment for
Trash and Recycling Storage.
8. Maximum height:lt: Achieving the maximum height is subject to compliance with
applicable design standards, view plane requirements, public amenity requirements and
other dimensional standards. Accordingly, the maximum height is not an entitlement and
is not achievable in all situations. Height may not otherwise be established through a
Planned Development Review.
a. For properties located on the south side of a Street: Twenty-Eight (28) feet for
two story elements of a building.
b. For properties located on the north side of a Street: Twenty-Eight (28) feet for
two-story elements of a building. Thirty-six (36)feet for three-story elements of a
building, which may be increased to thirty-eight (38) feet through commercial
design review. See Chapter 26.412 and the Commercial, Lodging and Historic
District Design Objectives and Guidelines.
The footprint of all third story conditioned space shall not exceed 50% of the
gross parcel square footage. Unconditioned deck space is permitted at 100% of
the building footprint. The location of the third story is subject to review and
compliance with Chapter 26.412 and the Commercial, Lodging and Historic
District Design Objectives and Guidelines.
9. Minimum floor heights:
a. Minimum First Floor to Second Floor floor-to floor height: Eleven(11) feet.
b. Minimum Upper Floor floor-to-ceiling height: Nine (9) feet.
c. Floor-to-Ceiling heights in upper floors shall be less than the floor-to-ceiling height of
the first floor.
10. Minimum distance between buildings on the lot(feet): No requirement.
11. Public amenity pace: Pursuant to Section 26.575.030.
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12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a
total maximum FAR of 2.5:1. 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: 2.25:1.
b. Arts, cultural and civic uses,public uses, recreational uses, academic uses, child care
center and similar uses: 2:1.
c. Affordable multi family housing: No limitation other than the cumulative FAR limit
stated above.
d. Hotel, Lodge: 2.25;1
13. Maximum Hotel and Lodge Unit Size: 1,000 sq. ft. of net livable area for Hotel and
Lodge units. This limitation applies to each individual unit(not an average size of the
units). When units are comprised of lock-off units,this maximum shall apply to the
largest possible combination of units.
a. The property owner may increase individual unit size by up to 1,000 square feet of
net livable space through Special Review pursuant to Section 26.430.040(J).
1) The maximum individual unit size attainable by Special Review is 2,000 square
feet of net livable area for any one Hotel or Lodge unit.
2) This incentive applies only to individual unit size. Special Review approval does
not allow an increase in the floor area ratio (FAR) of the lot and does not exempt
the development from other requirements of this Title.
3) Maximum unit size may not be otherwise established for a project through a
Planned Development review
13. Commercial/residential ratio: The total residential net livable area shall be no greater
than the total above-grade floor area associated with the uses described in Subparagraphs
26.710.150.D.12.a. and b. combined on the same parcel.
Section 12: Section 26.710.170,Neighborhood Commercial (NC), shall be amended as follows:
26.710.170 Neighborhood Commercial(NC).
A. Purpose. The purpose of the Neighborhood Commercial (NC) Zone District is to
provide for the establishment of mixed-use buildings with commercial uses serving the daily or
frequent needs of the surrounding neighborhood,thereby reducing traffic circulation and parking
problems, to provide opportunities for affordable and free-market residential density, to support
short term vacation rentals of residential units, to provide opportunities for lodges and vacation
residence, and to provide a transition between the commercial core and surrounding residential
neighborhoods.
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B. Permitted uses. The following uses are permitted as of right in the Neighborhood
Commercial (NC) Zone District:
1. Uses allowed on upper floors: lodging, vacation residences, lock-offs accessory to a
hotel, lodge, or vacation residence, affordable multi-family housing, free-market multi-
family housing, home occupations and vacation rentals.
2. Uses allowed on all building levels:evels: retail and restaurant uses, neighborhood commercial
uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses,
academic uses, child care center, 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. Parking shall not be allowed as the
sole use of the ground floor. Automobile drive-through service is prohibited.
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. Lodging, vacation residences, affordable multi-family housing, free-market multi-family
housing or home occupations on the ground floor.
2. Commercial parking facility,pursuant to Chapter 26.515.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Neighborhood Commercial (NC) Zone District:
1. Minimum Gross Lot Area(square feet): No requirement.
2. Minimum Net Lot 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 yard setback(feet): five (5).
7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.10— Space Allocation for
Trash and Recycling Storage.
8. Maximum height: twenty-eight (28) feet, which may be increased to thirty-two (32) feet
through Commercial Design Review. See Chapter 26.412 and the Commercial, Lodging
and Historic District Design Objectives and Guidelines. Height may not be otherwise
established through a Planned Development Review.
9. Minimum distance between buildings on the lot(feet): No requirement.
10. Public amenity pace: Pursuant to Section 26.575.030.
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11. Floor area ratio (FAR): 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:L
b. Arts, cultural and civic uses,public uses, recreational uses, academic uses, child care
center and similar uses: 1:1.
c. Lodging: 1.5:1
d. Vacation Residences: 1:1
e. Affordable multi family housing: .5:1.
f. Free-market multi family housing: .25:1, only if a minimum of.75:1 FAR of
Commercial or Lodge uses exist on the same parcel.
12. Maximum Unit Size. Applies to Multi-Family Residential Dwellings, Hotel Units, Lodge
Units, and Vacation Residences: 1,000 sq. ft. of net livable area for Hotel and Lodge
units. 1,500 sq. ft. of net livable area for lodge/hotel timeshare units, Vacation
Residences and Multi-Family Residential Units. This limitation applies to each individual
unit (not an average size of the units). When units are comprised of lock-off units, this
maximum shall apply to the largest possible combination of units.
a. The property owner may increase individual unit size of lodge and hotel units by up
to 1,000 square feet of net livable area through Special Review approval, pursuant to
Section 26.430.040(J), and subject to the following:
1) The maximum individual unit size attainable through Special Review is 2,000
square feet of net livable area.
2) This incentive applies only to individual unit size. Special Review approval does
not allow an increase in the floor area ratio (FAR) of the lot and does not exempt
the development from other requirements of this Title.
3) Maximum unit size may not be otherwise established for a project through a
Planned Development review.
b. The property owner may increase individual unit size of vacation residences and free-
market residential units by extinguishing historic transferable development right
certificates ("certificate" or "certificates"), subject to the following:
1) The transfer ratio is 1,000 square feet of net livable area for each certificate that is
extinguished. The additional square footage accrued may be applied to multiple
units. See Chapter 26.535 for the procedures for extinguishing certificates.
2) The maximum individual unit size attainable by transferring development rights is
2,500 square feet of net livable area.
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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 and does
not exempt the development from other requirements of this Title.
4) Increasing unit size of vacation residences beyond 1,500 sq ft is also subject to
Special Review,pursuant to Chapter 26.430.040(J).
5) Maximum unit size may not be otherwise established for a project through a
Planned Development review..
13. Commercial/residential ratio: The total residential net livable area shall be no greater
than the total floor area associated with the uses described in Subparagraphs
26.710.170.D.1 La and b combined on the same parcel.
Section 13: Section 26.710.180,Mixed Use (MU), shall be amended as follows:
26.710.180 Mixed-Use (MU).
A. Purpose. The purpose of the Mixed-Use (MU) Zone District is to provide for a variety
of lodging, vacation residences, short term vacation rentals of residential units, multi-family,
single-family, and mixed-use buildings with commercial uses serving the daily or frequent needs
of the surrounding neighborhood, to provide a transition between the commercial core and
surrounding residential neighborhoods and to provide a variety of building sizes compatible with
the character of the Main Street Historic District.
B. Permitted uses. The following uses are permitted as of right in the Mixed-Use (MU)
Zone District:
1. Retail and restaurant uses; office uses; neighborhood commercial uses; service uses; arts,
cultural and civic uses; public uses; recreational uses; academic uses; and child care
center.
2. Hotel, Lodge, Vacation Residences; lock-offs accessory to a Hotel, Lodge, or Vacation
Residence.
3. Uses and facilities necessary and incidental to Hotel, Lodge, or Vacation Residence uses
such as a lobby or reception desk, concierge services, conference facilities, fitness
facilities, spa,restaurant or bar, accessory retail and commercial uses, and sales or rentals
offices.
4. Single-family residence; duplex residence; two (2) detached single-family residences.
5. Free-market multi-family housing; Affordable multi-family housing.
6. Timesharing of residences, vacation residences, or hotel/lodge units, pursuant to Chapter
26.590. Vacation rentals subject to Section 26.575.220.
7. Accessory uses and structures; Storage accessory to a permitted use; Home occupations.
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8. Parking shall not be allowed as the sole use of the ground floor. Automobile drive-
through service is prohibited.
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. Bed and Breakfast.
2. Commercial parking facility, pursuant to Chapter 26.515.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Mixed-Use (MU) Zone District:
1. Minimum Gross Lot Area(square feet): 3,000.
2. Minimum Net Lot Area per dwelling square 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): thirty (30).
4. Minimum front yard setback (feet): ten (10), which may be reduced to five (5), pursuant
to Special Review, Chapter 26.430.
5. Minimum side yard setback (feet): five (5).
6. Minimum rear,yard setback(feet): five (5).
7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.10— Space Allotment for
Trash and Recycling Storage
8. Maximum height: Achieving the maximum height is subject to compliance with
applicable design standards, view plane requirements, public amenity requirements and
other dimensional standards. Accordingly,the following maximum heights may not be
achievable in all situations and are not an entitlement. Height may not be otherwise
established through a Planned Development Review.
a. Commercial, Hotel, Lodge, Vacation Residence, Multi-Family, and Mixed-Use
Buildings located in the Main Street Historic District: twenty-eight (28) feet, which
may be increased to thirty-two (32) feet through Commercial Design Review. See
Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives
and Guidelines.
b. Commercial, Hotel, Lodge, Vacation Residence, Multi-Family, and Mixed-Use
Buildings located outside the Main Street Historic District: twenty-eight(28) feet,
which may be increased to thirty-six (36) feet through Commercial Design Review.
See Chapter 26.412 and the Commercial, Lodging and Historic District Design
Objectives and Guidelines.
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c. Detached residential and duplex dwellings, and Bed and Breakfast: twenty-five (25)
feet.
9. Minimum distance between buildings on the lot(feet): ten(10).
10. Public amenity space: Pursuant to Section 26.575.030.
11. Floor Area Ratio (FAR): 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 following maximum
floor area ratios may not be achievable in all situations and are not an entitlement.
a. The following FAR schedule applies to uses cumulatively up to a total maximum
FAR of 2:1. For properties within the Main Street Historic District, this maximum
cumulative FAR shall be 1:1, which may be increased to 1.25:1 by special review,
pursuant to Subsection 26.430.040.A.
1) Commercial; arts, cultural and civic uses;public uses; recreational uses;
academic uses: .75:1, which may be increased to 1:1 by Special Review, pursuant
to Subsection 26.430.040.A.
2) Hotel, Lodge, and Vacation Residence uses: 1:1, which may be increased to
1.25:1 by Special Review,pursuant to Subsection 26.430.040(J).
3) Affordable multi family housing: No limitation other than the cumulative FAR
limit stated above.
4) Free-market, multi family housing: The allowable net livable square footage shall
be equal to the total net livable/leasable area of commercial, hotel/lodge, Vacation
Residence, arts, cultural and civic uses,public uses, recreational uses, and
academic uses combined on the same parcel, up to a maximum of.75:1. The
allowable free-market residential development may not be otherwise established
for a project through a Planned Development review.
b. Detached residential and duplex dwellings, and bed and breakfast: seventy-five
percent (75%) 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.
12. Maximum Unit Size. Applies to Multi-Family Residential Dwellings, Hotel Units, Lodge
Units, and Vacation Residences: 1,000 sq. ft. of net livable area for Hotel and Lodge units.
1,500 sq. ft. of net livable area for lodge/hotel timeshare units, Vacation Residences and Multi-
Family Residential Units. This limitation applies to each individual unit(not an average size of
the units). When units are comprised of lock-off units,this maximum shall apply to the largest
possible combination of units.
a. The property owner may increase individual unit size of lodge and hotel units by up to
1,000 square feet of net livable space through Special Review approval, pursuant to
Section 26.430.040(J), and subject to the following:
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1) The maximum individual unit size attainable through Special Review is 2,000
square feet of net livable area.
2) This incentive applies only to individual unit size. Special Review approval does
not allow an increase in the floor area ratio (FAR) of the lot and does not exempt the
development from other requirements of this Title.
3) Maximum unit size may not be otherwise established for a project through a
Planned Development review.
b. The property owner may increase individual unit size of vacation residences and free-
market residential units by extinguishing historic transferable development right
certificates ("certificate" or "certificates"), subject to the following:
1) The transfer ratio is 1,000 square feet of net livable area for each certificate that is
extinguished. The additional square footage accrued may be applied to multiple units.
See Chapter 26.535 for the procedures for extinguishing certificates.
2) The maximum individual unit size attainable by transferring development rights is
2,500 square feet of net livable area.
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 and does not
exempt the development from other requirements of this Title.
4) Increasing unit size of vacation residences beyond 1,500 sq ft is also subject to
Special Review, pursuant to Chapter 26.430.040(J).
5) Maximum unit size may not be otherwise established for a project through a
Planned Development review..
Section 14: Section 26.710.190,Lodge (L), shall be amended as follows:
26.710.190 Lodge (L).
A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction,
renovation and operation of hotels, lodges, Vacation Residences, tourist-oriented multi-family
buildings through short term vacation 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) and Chapter 26.595, Lodging
and Vacation Residence Incentive Program.
B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone
District:
1. Hotel, Lodge, Vacation Residences; lock-offs accessory to a Hotel, Lodge, or Vacation
Residence.
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2. Uses and facilities necessary and incidental to Hotel, Lodge, or Vacation Residences uses
such as a lobby or reception desk, concierge services, conference facilities, fitness
facilities, spa,restaurant or bar, accessory retail and commercial uses, and sales or rentals
offices.
3. If the property also contains Hotel, Lodge, or Vacation Residence uses, the following are
permitted:
a. Retail and restaurant uses, office uses, neighborhood commercial uses, service
uses, arts, cultural and civic uses, public uses, recreational uses, academic uses,
and child care center. Also see conditional uses.
b. Affordable multi-family housing. Free-market multi-family housing; Lock-offs
accessory to a residence is prohibited. Also see conditional uses.
4. Timesharing of residences, vacation residences, or hotel/lodge units, pursuant to Chapter
26.590. Vacation rentals subject to Section 26.575.220.
5. Accessory uses and structures; Home occupations; Storage accessory to a permitted use.
6. Parking shall not be allowed as the sole use of the ground floor. Automobile drive-
through service is prohibited.
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. Commercial parking facility, pursuant to Chapter 26.515.
2. If the property does not contain Hotel, Lodge, or Vacation Residence uses, the following
uses are conditional:
a. Retail and restaurant uses, office uses, neighborhood commercial uses, service uses,
arts, cultural and civic uses, public uses, recreational uses, academic uses, and child
care center.
b. Free-market multi-family housing; Affordable multi-family housing.
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 as the sole use of the property: 3,000.
b. Free-Market multi family residential when part of a Hotel, Lodge, or Vacation
Residence project: No requirement.
c. Affordable multi family residential: No requirement.
d. Hotel, Lodge, Vacation Residence: No requirement.
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3. Minimum lot width(feet): thirty (30).
4. Minimum front yard setback(feet): five (5).
5. Minimum side yard setback(feet): five (5).
6. Minimum rear yard setback (feet): five (5).
7. Minimum utility/trash/recycle area: Pursuant to Chapter 12.10— Space Allocation for
Trash and Recycling Storage.
8. Maximum height: Achieving the maximum height is subject to compliance with
applicable design standards, view plane requirements, public amenity requirements and
other dimensional standards. Accordingly, the following maximum heights may not be
achievable in all situations and are not an entitlement. For density incentives, "lock-offs"
shall not be counted as individual units. Also see Subsection 26.710.190€. Height may
not be otherwise established through a Planned Development Review, unless
participating in the Lodge Incentive Program pursuant to Section 26.595.
a. Multi-family projects (as the sole use of the property): twenty-five (25) feet.
b. Hotel, Lodge, Vacation Residences, commercial, and mixed-use projects, with less
than one hotel, lodge, or vacation unit per 750 square feet of Net Lot Area: twenty-
eight (28) feet.
c. Hotel, Lodge, Vacation Residences, and mixed-use projects, with one (1) or more
hotel, lodge, or vacation residences per 750 square feet of Net Lot Area: thirty-eight
(38) feet, which may be increased to forty (40) feet through Commercial Design
Review, see Chapter 26.412.
9. Minimum distance between buildings on the lot(feet): No requirement. (Building and
Fire Codes may apply.)
10. Public amenity space: Pursuant to Section 26.575.030.
11. Floor area ratio (FAR): 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 following maximum floor area ratios
may not be achievable in all situations and are not an entitlement. For density incentives,
"lock-offs" shall not be counted as individual units. Also see subsection 26.710.190(E).
a. Multi-family Housing (as the sole use of the property): .25:1
b. The following FAR schedule applies to commercial, hotel, lodge, vacation residence,
and mixed-use projects. This FAR schedule is cumulative, up to a total maximum
FAR of 2.75:1. Also see Subsection 26.710.190.E. 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. Retail and restaurant uses; neighborhood commercial uses; service uses; arts,
cultural and civic uses; public uses; academic uses; child care centers: 0.5:1
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2. Hotel units; Lodge units; Vacation Residences: 2.5:1.
3. Commercial parking facility: .5:1.
4. Affordable multi-family housing: .75:1.
5. Free-market multi-family housing: The allowable net livable square footage shall
be based on a percentage of the total net livable area of hotel, lodge, and vacation
residences on the parcel and according to the density of hotel, lodge, and vacation
residences on the parcel, as defined in Table 26.710.190.1, below:
Table 26.710.190.1
Allowable Free-Market Residential Net Livable
Density of Hotel,Lodge, and Maximum above grade free-market
Vacation Residences on the residential net livable area as a
Parcel percentage of the total
HotebEodge/Vacation Residence unit
net livable area
Total Hotel/Lodge/Vacation 40%
Residence units is less than one
unit per seven-hundred-and-fifty
(750) square feet of Net Lot Area.
Total Hotel/Lodge/Vacation 50%
Residence units is one or more
units per seven-hundred-and-fifty
(750) square feet of Net Lot Area.
The above percentages may be increased as follows:
a) By up to 5% pursuant to Planned Development, Chapter 26.445, and
Special Review, Chapter 26.430.040(J)(2). These reviews shall be
combined, pursuant to Section 26.304.060(B)(1), Combined reviews. The
percentage of free-market residential net livable areas may not be
otherwise established for a project through a Planned Development
review.
b) By up to 5% through the landing of Transferable Development Rights
(TDRs) at a transfer rate of 1,000 square feet per TDR.
c) In no case may the overall percentage by amended by more than 10%
total.
d) TDRs used to increase the overall free-market residential floor area may
not be used to also increase individual unit sizes.
12. Maximum Unit Size. Applies to Multi-Family Residential Dwellings, Hotel Units,
Lodge Units, and Vacation Residences: 1,000 sq. ft. of net livable area for Hotel and
Lodge units. 1,500 sq. ft. of net livable area for lodge/hotel timeshare units, Vacation
Residences and Multi-Family Residential Units. This limitation applies to each individual
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unit(not an average size of the units). When units are comprised of lock-off units,this
maximum shall apply to the largest possible combination of units.
a. The property owner may increase individual unit size of lodge and hotel units by up
to 1,000 square feet of net livable space through Special Review approval, pursuant to
Section 26.430.040(J), and subject to the following:
1) The maximum individual unit size attainable through Special Review is 2,000
square feet of net livable area.
2) This incentive applies only to individual unit size. Special Review approval
does not allow an increase in the floor area ratio (FAR) of the lot and does not
exempt the development from other requirements of this Title.
3) Maximum unit size may not be otherwise established for a project through a
Planned Development review.
b. The property owner may increase individual unit size of vacation residences and
free-market residential units by extinguishing historic transferable development right
certificates ("certificate" or "certificates"), subject to the following:
1) The transfer ratio is 1,000 square feet of net livable area for each certificate that
is extinguished. The additional square footage accrued may be applied to multiple
units. See Chapter 26.535 for the procedures for extinguishing certificates.
2) The maximum individual unit size attainable by transferring development
rights is 2,500 square feet of net livable area.
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 and does
not exempt the development from other requirements of this Title.
4) Increasing unit size of vacation residences beyond 1,500 sq ft is also subject to
Special Review, pursuant to Chapter 26.430.040(J).
5) Maximum unit size may not be otherwise established for a project through a
Planned Development review.
E. Adjustments to Density Standards, and Lock-Offs. The ability to count lock-offs in
density calculations for height and floor area dimensional requirements, as well as incentives
in Chapter 26.470 — Growth Management Quota System, may be approved through Special
Review — Section 26.430.040(J). For the project to remain eligible for incentives, no more
than 20% of the total unit count may come from lock-off units.
Section 15: Section 26.710.200, Commercial Lodge (CL), shall be amended as follows:
26.710.200 Commercial Lodge (CL).
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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, vacation residences, and short
term vacation 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: Hotel/Lodging uses, lock-offs accessory to
a Hotel or Lodge, timesharing of hotel and lodge units, conference facilities, retail and
restaurant uses, office uses, neighborhood commercial uses, service uses, arts, cultural
and civic uses, public 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: Hotel or lodge, Vacation Residences, lock-offs accessory
to a Hotel, Lodge or Vacation Residence, timesharing of residences, vacation residences,
or lodging/hotel units, offices and activities accessory to timeshare unit sales, conference
facilities, accessory uses, storage accessory to a permitted use, affordable multi-family
housing, free-market multi-family housing, vacation rentals pursuant to Section
26.575.220.
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. Retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts,
cultural and civic uses,public uses, academic uses or child care centers located on upper
floors.
2. Commercial parking facility, pursuant to Chapter 26.515.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Commercial Lodge (CL) Zone District:
1. Minimum Gross Lot Area(square uare feet): No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback(feet): No requirement.
6. Minimum rear yard setback (feet): No requirement.
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7. Minimum utility/trash/recycle area: pursuant to Chapter 12.10— Space Allotment for
Trash and Recycling Storage.
8. Maximum height: twenty-eight (28) feet for two-story elements of a building. Thirty-six
(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 one (1) or
more hotel, lodge, or vacation residences per 750 square feet of Net Lot Area, three-story
elements of a building may be thirty-eight (38) feet, which may be increased to forty (40)
feet through Commercial Design Review. Height may not be otherwise established
through a Planned Development Review.
9. Minimum distance between buildings on the lot(feet): No requirement.
10. Public amenity space: 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. 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, cultural and civic uses;public uses; academic uses; child
care centers; commercial parking facility: 1:1.
b. Hotel, Lodge, and Vacation Residences: 2.5:1.
c. Affordable multi family housing: .5:1
d. Free-market multi family housing: Same as the Lodge Zone District (See Section
26.710.190(D)(1 1)(b)(5).
12. Maximum Unit Size. Applies to Multi-Family Residential Dwellings, Hotel Units,
Lodge Units, and Vacation Residences: 1,000 sq. ft. of net livable area for Hotel and
Lodge units. 1,500 sq. ft. of net livable area for lodge/hotel timeshare units, Vacation
Residences and Multi-Family Residential Units. This limitation applies to each individual
unit(not an average size of the units). When units are comprised of lock-off units, this
maximum shall apply to the largest possible combination of units.
a. The property owner may increase individual unit size of lodge and hotel units by up
to 1,000 square feet of net livable space through Special Review approval, pursuant to
Section 26.430.040(J), and subject to the following:
1) The maximum individual unit size attainable through Special Review is 2,000
square feet of net livable area.
2) This incentive applies only to individual unit size. Special Review approval
does not allow an increase in the floor area ratio (FAR) of the lot and does not
exempt the development from other requirements of this Title.
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3) Maximum unit size may not be otherwise established for a project through a
Planned Development review.
b. The property owner may increase individual unit size of vacation residences and
free-market residential units by extinguishing historic transferable development right
certificates ("certificate" or "certificates"), subject to the following:
1) The transfer ratio is 1,000 square feet of net livable area for each certificate that
is extinguished. The additional square footage accrued may be applied to multiple
units. See Chapter 26.535 for the procedures for extinguishing certificates.
2) The maximum individual unit size attainable by transferring development
rights is 2,500 square feet of net livable area.
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 and does
not exempt the development from other requirements of this Title.
4) Increasing unit size of vacation residences beyond 1,500 sq ft is also subject to
Special Review, pursuant to Chapter 26.430.040(J).
5) Maximum unit size may not be otherwise established for a project through a
Planned Development review.
E. Adjustments to Density Standards, and Lock-Offs. The ability to count lock-offs in
density calculations for height and floor area dimensional requirements, as well as incentives
in Chapter 26.470 — Growth Management Quota System, may be approved through Special
Review — Section 26.430.040(J). For the project to remain eligible for incentives, no more
than 20% of the total unit count may come from lock-off units.
Section 16: Section 26.710.310, Lodge Overlay (LO) Zone District, shall be amended as
follows:
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 vacation 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. 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) and Chapter 26.595, Lodging and Vacation Residence Incentive Program.
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.
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2. Hotel, Lodge, Vacation Residences; lock-offs accessory to a Hotel, Lodge, or Vacation
Residence.
3. Uses and facilities necessary and incidental to Hotel, Lodge, or Vacation Residence uses
limited to a lobby or reception desk, concierge services, conference facilities, fitness
facilities, and sales or rental offices.
4. Conference facilities.
5. Accessory uses and structures. (Storage accessory to a permitted use. Parking shall not
be allowed as the sole use of the ground floor.
6. Affordable housing accessory to a Hotel, Lodge, or Vacation Residence operation and for
employees of the operation.
7. Timesharing of residences, vacation residences, or hotel/lodge units, pursuant to Chapter
26.590. Vacation rentals subject to Section 26.575.220.
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. Affordable housing intended for the general public.
3. Uses and facilities accessory to Hotel, Lodge, or Vacation Residence uses such as spa,
restaurant or bar, and accessory retail or commercial uses.
D. Dimensional requirements. Certain dimensional requirements are established for lodge,
hotel, vacation residences, and their associated uses. Dimensional requirements not listed
shall be those of the underlying zone district. For lodge, hotel, vacation residences, and their
associated uses, the dimensions shall be the greater of the permitted dimensions of a duplex
residence or multi-family residences (where such uses are permitted in the underlying zone
district), or those outlined below. All other uses shall be limited to the dimensional
requirements of the underlying zone district.
1. Maximum height: Achieving the maximum height is subject to compliance with applicable
design standards, view plane requirements, public amenity requirements and other
dimensional standards. Accordingly, the following maximum heights may not be achievable
in all situations and are not an entitlement.
a. Hotel, Lodge, Vacation Residence and associated uses: twenty-eight (2 8) feet,
which may be increased to thirty (32) feet through Commercial Design Review.
See Chapter 26.412.
2. Floor Area Ratio (FAR): 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 following maximum floor area ratios may
not be achievable in all situations and are not an entitlement.
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a. Hotel, Lodge, Vacation Residence and associated uses: 1:1 in residential zone
districts, and 1.25:1 in commercial, mixed-use, or lodge zone districts.
b. The amount of associated free-market residential floor area to be included in a hotel,
lodging, or vacation residence project shall be as defined in the Lodge (L) Zone
District- Section 26.710.190.D.I l.b.5.
3. Maximum Unit Size. Applies to Multi-Family Residential Dwellings Hotel Units Lodge
Units, and Vacation Residences: 1,000 sq. ft. of net livable area for Hotel and Lodge units.
1,500 sq. ft. of net livable area for lodge/hotel timeshare units, Vacation Residences and
Multi-Family Residential Units. This limitation applies to each individual unit(not an
average size of the units). When units are comprised of lock-off units, this maximum shall
apply to the largest possible combination of units.
a. The property owner may increase individual unit size of lodge and hotel units by up to
1,000 square feet of net livable space through Special Review approval, pursuant to
Section 26.430.040(J), and subject to the following:
1) The maximum individual unit size attainable through Special Review is 2,000
square feet of net livable area.
2) This incentive applies only to individual unit size. Special Review approval
does not allow an increase in the floor area ratio (FAR) of the lot and does not
exempt the development from other requirements of this Title.
3) Maximum unit size may not be otherwise established for a project through a
Planned Development review.
b. The property owner may increase individual unit size of vacation residences and free-
market residential units by extinguishing historic transferable development right
certificates ("certificate" or "certificates"), subject to the following:
1) The transfer ratio is 1,000 square feet of net livable area for each certificate that
is extinguished. The additional square footage accrued may be applied to multiple
units. See Chapter 26.535 for the procedures for extinguishing certificates.
2) The maximum individual unit size attainable by transferring development
rights is 2,500 square feet of net livable area.
3) Increasing unit size of vacation residences beyond 1,500 sq ft is also subject to
Special Review, pursuant to Chapter 26.430.040(J).
4) Maximum unit size may not be otherwise established for a project through a
Planned Development review.
5) Landing of TDRs for unit size shall also grant the property an FAR bonus of
250 square feet per TDR landed up to a total of 1,000 square feet.
E. Adjustments to Density Standards, and Lock-Offs. The ability to count lock-offs in
density calculations for height and floor area dimensional requirements, as well as incentives
in Chapter 26.470— Growth Management Quota System, may be approved through Special
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Review— Section 26.430.040(J). For the project to remain eligible for incentives, no more
than 20% of the total unit count may come from lock-off units.
Section 17: Section 26.710.320, Lodge Preservation Overlay (LP) Zone District, shall be
amended as follows:
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 hotel, lodge, and vacation residences,
to provide uses accessory and normally associated with hotel, lodge and vacation residence
projects, to permit short term vacation 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 hotel, lodge, and
vacation residences on site or onto adjacent properties. 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) and Chapter 26.595, Lodging and Vacation Residence
Incentive Program.
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, Lodge, Vacation Residences; lock-offs accessory to a Hotel, Lodge, or Vacation
Residence.
3. Uses and facilities necessary and incidental to Hotel, Lodge, or Vacation Residence uses
limited to a lobby or reception desk, concierge services, conference facilities, fitness
facilities, and sales or rental offices.
4. Accessory uses and structures. Storage accessory to a permitted use. Parking shall not be
allowed as the sole use of the ground floor.
5. Affordable housing accessory to a Hotel, Lodge, or Vacation Residence operation and for
employees of the operation.
6. Timesharing of residences, vacation residences, or hotel/lodge units, pursuant to Chapter
26.590. Vacation rentals subject to Section 26.575.220.
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.
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2. Uses and facilities accessory to Hotel, Lodge, or Vacation Residence uses such as spa,
restaurant or bar, and accessory retail or commercial uses.
D. Dimensional requirements. Certain dimensional requirements are established for lodge,
hotel, vacation residences, and their associated uses. Dimensional requirements not listed
shall be those of the underlying zone district. For lodge, hotel, vacation residences, and their
associated uses, the dimensions shall be the greater of the permitted dimensions of a duplex
residence or multi-family residences (where such uses are permitted in the underlying zone
district), or those outlined below. All other uses shall be limited to the dimensional
requirements of the underlying zone district.
1. Maximum height: Achieving the maximum height is subject to compliance with
applicable design standards, view plane requirements, public amenity requirements and
other dimensional standards. Accordingly, the following maximum heights may not be
achievable in all situations and are not an entitlement.
a. Hotel, Lodge, Vacation Residence and associated uses: twenty-eight (28)feet, which
may be increased to thirty-two (32) feet through Commercial Design Review. See
Chapter 26.412.
2. Floor Area Ratio (FAR): 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 following maximum
floor area ratios may not be achievable in all situations and are not an entitlement.
a. Hotel, Lodge, Vacation Residence and associated uses: 1:1 in residential zone
districts, and 1.25:1 in commercial, mixed-use, or lodge zone districts.
b. The amount of associated free-market residential floor area to be included in a hotel,
lodging, or vacation residence project shall be based on a percentage of the total net
livable area of hotel, lodge, and vacation units on the parcel and according to the
density of hotel, lodge, and vacation units on the parcel, as defined in Table
26.710.320.1, below:
Table 26.710.320.1
Allowable Free-Market Residential FAR
Density of Hotel,Lodge, and Maximum`above-grade free-market
Vacation Residences on the residential net livable area as a
Parcel percentage of the total
HoteULodge/Vacation Residence unit
net livable area
Total Hotel/Lodge/Vacation 45%
Residence units is less than one
unit per seven-hundred-and-fifty
(750) square feet of Net Lot Area.
Total Hotel/Lodge/Vacation 55%
Residence units is one or more
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units per seven-hundred-and-fifty
(750) square feet of Net Lot Area.
The above percentages may be increased by up to 5% pursuant to Planned
Development, Chapter 26.445, and Special Review, Chapter 26.430.040(J)(2).
These reviews shall be combined, pursuant to Section 26.304.060(B)(1),
Combined reviews. The percentage of free-market residential net livable areas
may not be otherwise established for a project through a Planned Development
review.
3. Maximum Unit Size. Applies to Multi-Family Residential Dwellings, Hotel Units, Lodge
Units, and Vacation Residences: 1,000 sq. ft. of net livable area for Hotel and Lodge units.
1,500 sq. ft. of net livable area for lodge/hotel timeshare units, Vacation Residences and
Multi-Family Residential Units. This limitation applies to each individual unit (not an
average size of the units). When units are comprised of lock-off units,this maximum shall
apply to the largest possible combination of units.
a. The property owner my increase individual unit size of lodge and hotel units by up to
1,000 square feet of net livable space through Special Review approval, pursuant to
Section 26.430.040(J), and subject to the following:
1) The maximum individual unit size attainable through Special Review is 2,000
square feet of net livable area.
2) This incentive applies only to individual unit size. Special Review approval
does not allow an increase in the floor area ratio (FAR) of the lot and does not
exempt the development from other requirements of this Title.
3) Maximum unit size may not be otherwise established for a project through a
Planned Development review.
b. The property owner may increase individual unit size of vacation residences and free-
market residential units by extinguishing historic transferable development right
certificates ("certificate" or "certificates"), subject to the following:
1) The transfer ratio is 1,000 square feet of net livable area for each certificate that
is extinguished. The additional square footage accrued may be applied to multiple
units. See Chapter 26.535 for the procedures for extinguishing certificates.
2) The maximum individual vacation residence unit size attainable by transferring
development rights is 2,500 square feet of net livable area.
3) Increasing unit size of vacation residences beyond 1,500 sq ft is also subject to
Special Review, pursuant to Chapter 26.430.040(J).
4) Maximum unit size for free-market residential dwelling units and vacation
residences may be established for a project through a Planned Development
review, however all net livable area above 1,500 sq ft shall require TDRs.
5) Landing of TDRs for unit size shall also grant the property an FAR bonus of
250 square feet per TDR landed up to a total of 1,000 square feet.
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E. Adjustments to Density Standards, and Lock-Offs. The ability to count lock-offs in
density calculations for height and floor area dimensional requirements, as well as incentives in
Chapter 26.470—Growth Management Quota System, may be approved through Special Review
—Section 26.430.040(J). For the project to remain eligible for incentives, no more than 20% of
the total unit count may come from lock-off units.
Section 18: Section 26.710.330, Ski Area Base (SKI), shall be amended as follows:
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, hotels, lodges,
vacation residences, retail, restaurant and bar uses, tourist-oriented service uses, residential uses,
and short term vacation 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)review 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. Hotel, Lodge, Vacation Residences; lock-offs accessory to a Hotel, Lodge, or Vacation
Residence.
3. Uses and facilities necessary and incidental to Hotel, Lodge, or Vacation Residence uses
such as a lobby or reception desk, concierge services, conference facilities, fitness
facilities, spa,restaurant or bar, accessory retail and commercial uses, and sales or rentals
offices.
4. If the property also contains Hotel, Lodge, or Vacation Residence, the following are
permitted: Retail and restaurant uses, office uses, neighborhood commercial uses, service
uses, arts, cultural and civic uses, academic uses, and child care center. Also see
conditional uses.
5. If the property also contains Hotel, Lodge, or Vacation Residence, the following are
permitted: Free-market multi-family housing; Affordable multi-family housing. Also
see conditional uses.
6. Special events associated with ski areas including such events as ski races, bicycle races
and concerts. (Special event permitting requirements may apply.)
7. Recreational uses and trails.
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8. Public uses. Accessory uses and structures; Home occupations; Storage accessory to a
permitted use; medical clinic accessory to the ski area. Parking shall not be allowed as
the sole use of the ground floor. Automobile drive-through service is prohibited.
9. Outdoor vendor carts or areas for food and beverages sales and preparation.
10. Timesharing of residences, vacation residences, or hotel/lodge units, pursuant to Chapter
26.590. Vacation rentals subject to Section 26.575.220.
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. Commercial parking facility, pursuant to Chapter 26.515.
2. If the property does not contain Hotel, Lodge, or Vacation Units,the following uses are
conditional: Retail and restaurant uses, office uses, neighborhood commercial uses,
service uses, affordable housing, arts, cultural and civic uses, academic uses, and child
care center.
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 those of the
Lodge (L) Zone District or as otherwise set pursuant to Chapter 26.445, Planned Development.
Section 19: Section 26.316.020,Appeals -Authority, shall be amended as follows:
Chapter 26.316
APPEALS
26.316.020. Authority.
A. Board of Adjustment. The Board of Adjustment shall have the authority to hear and
decide the following appeals:
1. The denial of a variance pursuant to Chapter 26.314 by the Planning and Zoning
Commission or Historic Preservation Commission.
B. City Council. The City Council shall have the authority to hear and decide the following
appeals:
1. An interpretation to the text of this Title or the boundaries of the zone district map by the
Community Development Director in accordance with Chapter 26.306. An appeal of this
nature shall be a public meeting.
2. Any action by the Historic Preservation Commission in approving, approving with
conditions or disapproving a development application for development in an "H,"
Historic Overlay District pursuant to Chapter 26.415. An appeal of this nature shall be a
public meeting.
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3. Any other appeal for which specific authority is not granted to another board or
commission as established by this Title. An appeal of this nature shall be a public
meeting.
C. Planning and Zoning Commission. The Planning and Zoning Commission shall have the
authority to hear and decide an appeal from an adverse determination by the Community
Development Director on an application for exemption pursuant to the Growth Management
Quota System or allocation of growth management allotments in accordance with Chapter
26.470 of this Title. An appeal of this nature shall be a public hearing.
D. Administrative Hearing Officer. The Administrative Hearing Officer shall have the
authority to hear an appeal from any decision or determination made by an administrative official
unless otherwise specifically stated in this Title. An appeal on the effect of the land use code
upon a particular property, development permit, or site-specific circumstance shall be heard by
the Administrative Hearing Officer.
Section 20: Section 26.412.010, Commercial Design Review - Purpose, shall be amended as
follows:
26.412.010. Purpose.
The purpose of commercial design review is to preserve and foster proper commercial district
scale and character and to ensure that the City's commercial areas and streetscapes are public
places conducive to walking. In addition, commercial design review is intended to foster proper
scale and character of lodging and vacation residence development located in lodging and
commercial zones, as well as within residential neighborhoods. The review standards do not
prescribe architectural style, but do require that certain building elements contribute to the
streetscape.
The character of the City's commercial district is largely established by the variety of uses and
the relationship between front facades of buildings and the streets they face. By requiring certain
building elements to be incorporated in the design of new and remodeled buildings, storefronts
are more appealing and can contribute to a well-designed, exciting commercial district.
Accommodation of the automobile within commercial districts is important to the consistency
and quality of pedestrian streetscapes. The standards prescribe certain methods of
accommodating on-site parking to achieve environments conducive to walking.
Acknowledgement of the context that has been established by the existing built environment is
important to protecting the uniqueness of the City. To achieve compatibility, certain standards
require building elements to be influenced by adjoining development, views, pedestrian malls or
sun angles.
Finally, along with creating architecturally interesting and lively primary streets, the pedestrian
nature of downtown can be further enhanced by making alleys an attractive place to walk. Store
entrances and display windows along alleyways are encouraged to augment, while not detracting
from, the pedestrian interest of primary streets.
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Section 21: Section 26.412.020, Commercial Design Review - Applicability, shall be amended
as follows:
26.412.020. Applicability.
A. This Chapter applies to all commercial, lodging, and vacation residence development, as well
as mixed-used development that includes a commercial, lodging, or vacation residence
component, located within the City requiring a building permit.
B. Vacation Residence development that does not include commercial or lodging development
shall be exempt from Subsection 26.412.060(A), Public Amenity Space.
C. Applications may be exempted from the provisions of this Chapter by the Community
Development Director if the development is:
1. An addition or remodel of an existing structure that either does not change the exterior of
the building or, as determined by the Community Development Director, changes the exterior
in such a minimal manner as to not justify this review; or
2. A remodel of a structure where proposed alterations affect aspects of the exterior of the
building not addressed by the Review Standards of Section 26.412.050 below
Section 22: Section 26.480.050(B),Administrative Subdivisions—Exempt Timesharing, shall be
amended as follows:
26.480.050. Administrative subdivisions.
B. Timesharing. A subdivision necessary to establish, amend, or vacate time-span estates
that comply with the requirements of Chapter 26.590, Timeshare Development, shall be
approved, approved with conditions, or denied by the Community Development Director if the
requirements of Chapter 26.590 are met. Any plat shall be in a style and format as prescribed in
Title 29 —Engineering Design Standards, Plats. Unless waived by the Community Development
Director, a Development Agreement shall be reviewed and recorded in the office of the Pitkin
County Clerk and Recorder, pursuant to Chapter 26.490 — Approval Documents. This form of
subdivision shall not be used to create any additional lots or dwelling units.
Section 23: Section 26.575.040,RESERVED, shall be amended as follows:
26.575.040 Outdoor food and beverage vending.
A. Review Criteria. Outdoor food/beverage vending shall be approved, approved with
conditions or denied by the Community Development Director based on the following criteria:
a. Location. All outdoor food/beverage vending must be on private property and is limited
to the Commercial Core (CC), Commercial (Cl), 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:
Lodge Incentive Program Code Amendment
Ordinance 19, Series 2014
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1) 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.
2) Normal operation, including line queues, shall not inhibit the movement of pedestrian
or vehicular traffic along the public right-of-way.
3) 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.
b. 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.
c. Signage. Signage for outdoor food/beverage vending carts shall be exempt from Chapter
26.510, Signs, with the exception of 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.
d. 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.
e. Building and Fire Code Compliance. All outdoor food/beverage vending operations must
comply with adopted building and fire codes.
f. Application Contents. An application for a food/beverage vending license shall include
the standard information required in 26.304.030.B, plus the following:
1) Copy of a lease or approval letter from the property owner.
2) 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.
3) The property survey requirement shall be waived if the applicant can demonstrate
how the operation will be contained on private property.
g. License Duration. Outdoor food/beverage vending licenses shall be valid for a one (1)
year period beginning on the same 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.
h. 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
Lodge Incentive Program Code Amendment
Ordinance 19, Series 2014
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from adjacent businesses. Unresolved complaints may result in denial of a renewal
request.
i. . Business License. The vending operator must obtain a business license.
j. 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.
k. 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.
1. Abandonment. The City of Aspen may remove an abandoned food/beverage vending
operation, or components thereof, in order to protect public health, safety, and welfare.
Costs of such remediation shall be the sole burden of the property owner.
m. 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.
B. 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.
Section 24: Section 26.575.140, Accessory uses and accessory structures, shall be amended as
follows:
26.575.140 Accessory uses and accessory structures
An accessory use shall not be construed to authorize a use not otherwise permitted in the zone
district in which the principal use or structure to which it is accessory. An accessory use or
structure may not be established prior to the establishment of the principal use or structure to
which it is accessory. Accessory buildings or structures shall not be provided with kitchen or
bath facilities sufficient to render them suitable for permanent residential occupation. For lodge
and vacation residence development, common amenities that are used exclusively by overnight
guests, including workout facilities, food and beverage service, check-in areas, etc, shall be
considered accessory uses. Amenities that are open to the general public are considered stand-
alone uses that must comply with the permitted uses in the zone district.
Section 25: Section 26.575.160, Dormitory, shall be amended as follows:
26.575.160 Dormitory
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Ordinance 19, Series 2014
Page 90 of 93
Occupancy of a dormitory unit shall be limited to no more than eight (8)persons. Each unit shall
provide a minimum of four hundred (400) square feet per person of net living area, including
sleeping, bathroom, cooking and lounge used in common. Standards for use and design of such
facilities shall be established by the City's housing designee.
Section 26: Section 26.575.180 Reserved, shall be amended as follows:
26.575.180 Required Access
A. Elevators. All commercial, mixed-use, and lodging buildings which contain an elevator shall
provide elevator access to all building levels, units and all commercial tenant spaces of the
building in a manner that meets the requirements of the International Building Code Chapters 10
and 11 as adopted and amended by the City of Aspen. Alleyways (vehicular rights-of-way) may
not be utilized as pathways (pedestrian rights-of-way) to meet the requirements of the
International Building Code. Additional elevators may be reserved for exclusive use or to serve
less than all floors or all units.
B. Delivery Areas. All commercial, mixed-use, and lodging buildings shall provide a delivery
area. The delivery area shall be located along the alley if an alley adjoins the property. The
delivery area shall be accessible to all building levels and all commercial tenant spaces of the
building in a manner that meets the requirements of the International Building Code Chapters 10
and 11 as adopted and amended by the City of Aspen. All non-ground floor commercial spaces
shall have access to an elevator or dumbwaiter for delivery access. Alleyways (vehicular rights-
of-way) may not be utilized as pathways (pedestrian rights-of-way) to meet the requirements of
the International Building Code. Any truck loading facility shall be an integral component of the
building. Shared facilities are highly encouraged.
C. Trash and Recycling Areas. All commercial, mixed-use, and lodging buildings shall
provide a trash and recycling area accessible to all building levels, units, and all commercial
tenant spaces of the building in a manner that meets the requirements of the International
Building Code Chapters 10 and 11 as adopted and amended by the City of Aspen. Alleyways
(vehicular rights-of-way) may not be utilized as pathways (pedestrian rights-of-way) to meet the
requirements of the International Building Code. Location and size requirements for trash and
recycling areas shall be pursuant to Chapter 12.10 — Space Allotment for Trash and Recycling
Storage.
Section 27: Section 26.575.210, Lodge audits, shall be amended as follows:
Sec. 26.575.210 Lodge and Vacation Residence audits
The Community Development Director shall be authorized to require periodic operational audits
of lodge and vacation residence developments to ensure compliance with the Land Use Code and
requirements for lodge and vacation residence operations. This audit may include, but is not
limited to, an occupancy report of the lodge or vacation residence development, and individual
units therein; rate schedules; the manner in which short-term occupancies are marketed and
managed; physical aspects of the operation, such as the number of units and pillows, the number
of affordable housing units provided on site, other units and amenities on site and the number of
Lodge Incentive Program Code Amendment
Ordinance 19, Series 2014
Page 91 of 93
parking spaces provided on site; the dimensional characteristics of the development; and any
additional conditions of approval. The Community Development Director may request that
information be provided in a specific time frame, and may request a site inspection as part of the
audit. Property owners may request that certain information, such as marketing strategies or rate
schedules, be held in confidence by the City.
Section 28: Section 26.425.045, Standards applicable to Bed and Breakfast, shall be adopted, as
follows:
26.425.045 Standards applicable to Bed and Breakfast
In addition to the Conditional Use standards in Section 26.425.040, proposals for Bed and
Breakfast operations shall be subject to the following standards:
a. Dimensional allowances for Bed and Breakfast operations shall be limited by the
dimensions allowed in the underlying zone district or as otherwise approved through the
Conditional Use Review to account for the dimensional conditions of an existing
structure to be used as a Bed and Breakfast.
b. No more than 25% of the structure shall be allocated to the on-site manager or owner of
the operation. The remainder shall be dedicated to supporting short-term occupancies.
c. The application shall demonstrate how the operation provides short-term occupancies to
the general public. The City may require an annual audit to ensure the operation provides
accommodations to the general public and is not operating as a private single-family
home.
Section 29: For the purposes of Chapter 26.630, Transportation Impact Analysis Guidelines, of
the Land Use Code, Vacation Residences shall be considered to have the same trip generation
numbers as Free-Market Residential uses. City Council hereby directs Chapter 26.630 and the
Transportation Impact Analysis Guidelines to be updated to reflect this change, as well as any
Growth Management Quota System changes herein (Section 5)that impact said chapter.
Section 30: For the purposes of Chapter 12.10, Space Allotment for Trash and Recycling
Storage, of the Solid Waste Code, Vacation Residences shall be required to meet trash area
requirements for Multi-Family uses. City Council hereby directs Chapter 12.10 be updated to
reflect this change, as well as any Growth Management Quota System changes herein (Section 5)
that impact said chapter. In addition, the following definition shall be added to the Section
12.10.010, Definitions.
Vacation Residence — An individual dwelling unit within a multi-family, mixed-use, or lodge
project that allows periodic overnight short-term rental to the general public for a fee. A
Vacation Residence may be occupied by an owner or owner's guest for no more than six (6)
months in any calendar year. The unit shall be available for short-term rentals to the general
public for at least six (6) months in any calendar year.
Lodge Incentive Program Code Amendment
Ordinance 19, Series 2014
Page 92 of 93
Section 31: 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 32: Effect Upon Existing Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided,and the same shall be conducted and concluded under such prior ordinances.
Section 33: Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 34: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty(30)days following final passage.
Section 35•
A public hearing on this ordinance shall be held on the 14th day of July, 2014, 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 shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 23rd day of June, 2014.
Att t:
inda Manning, City Cle k Steven Skadr n,Mayor
FINALLY,adopted,passed and approved this 11th day of August,2014.
A st:
inda Manning, City Cler Steven Sk ron,Mayor
Approved as to form:
;!Adles R.True,City Attorney
Lodge Incentive Program Code Amendment
Ordinance 19, Series 2014
Page 93 of 93
Fri, Jun 20, 2014 12:09:52
10301852 C� /
Ad Ticket#5
Acct: 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920-5064 Address: 130 S Galena St
'E-Mail: ANGELA.SCOREYQa CITY
-Client:
Caller: Linda Manning City: Aspen
_Receipt State: CO Zip: 81611
Ad Name: 10301852A Original Id: 10285316
Editions: 8ATl/8ATW/ Class: 0990
Start: 06/26/14 Stop: 06/26/14
Color: Issue 1
Copyline: atw.ORDINANCE 19, 2014 Rep: Lisa Parmelee
• LEGAL NOTICE
Lines: 19
1 ORDINANCE 19. 2014 PUBLIC HEARING
Depth: 1.6 Ordinance #19, Series of 2014 was adopted on first
Columns: 1 reading at the City Council meeting June 23, 2014.
This ordinance, if adopted, will amend title 26 re-
Discount: 0.00 garding the Land Use Code related to the adoption
of a lodging incentive program. The public hearing.
Commission: 0.00 on this ordinance is scheduled for July 14, 2014 at
Net: 0.00 5:00 p.m. City Hall. 130 South Galena.
To see the entire text, go to the city's legal notice
Tax: 0.00 website
http:/lwww.aspenpitkin.com..,Departm ents./Clerk/Le-
Tofal 9.61 gal-Notices/
IF you would like a copy FAXed or e-mailed to you.
Payment 0.00 call the city clerk's office. 429-2687
Published in the Aspen Times Weekly June 26th.
2014 (10301852)
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