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HomeMy WebLinkAboutordinance.council.065-87 ORDINANCB NO. 65 (Series of 1987) AN ORDINANCE OF THE ASPBN CITY COUNCIL REPEALING AND RE-ENACTING ARTICLB XIII OF THE MUNICIPAL CODB PBRTAINING TO RON-CONFORMITIBS WBEREASr as a result of the scale of residential development being experienced within the R-6 Zone District in recent years, the Aspen City Council directed the Planning Office and Planning and Zoning Commission (hereinafter the "Commission") to evaluate the current requirements for residential development and to recommend necessary changes thereto; and WHBRBASr in response to this directive, the Commission adopted Resol ution 87 -9, addressing setbacks, site coverage and floor area ratio in the R-6 zone district, the methodology for calculating floor area ratio and regulatory provisions pertaining to nonconformities; and WBBREASr at a public hearing on December 7, the Aspen City Council directed the Planning Office to remove from Ordinance 54, Series of 1987, those sections pertaining to nonconformities and to place those provisions in a separate ordinance to allow for public debate to focus on the issues involved; and WHBRBASr having considered the recommendations of the Commission pertaining to nonconformities, the City Council wishes to amend the Municipal Code as specified herein. NOW r THBREFORE r BB IT ORDAINED BY THB CITY COUNCIL OF THE CITY OF ASPENr COLORADO: Section 1 That Article XIII of Chapter 24 of the Municipal code be repealed and re-enacted to read as follows: ARTICLB XIII - NON-CONFORMITIBS Sec. 24-13.1. Purpose. Within the Zone Districts established by this chapter, there exist uses of land, buildings and structures that were lawfully established before this chapter was adopted or amended which would be in violation of the terms and requirements of this chapter. The purpose of this article is to regulate and 1 imi t the continued existence of those uses, buildings, and structures that do not conform to the provisions of this chapter or any amendments thereto. It is the intent of this article to permit these nonconfor- mities to continue, but not to allow nonconformities to be enlarged or expanded. The provisions of this article are designed to curtail substantial investment in nonconformities in order to preserve the integrity of the Zone Districts and the other provisions of this chapter but should not be construed as an abatement provision. Sec. 24-13.2. NonconforminQ uses. A. Authoritv to continue. Nonconforming uses of land or structures may continue in accordance with the provi- sions of this article and this section. B. Nor.al aaintenance. Normal maintenance to permi t continuation of nonconforming uses may be performed in any period of twelve (12) consecutive months, to an extent not exceeding ten (10%) percent of the current replacement cost of the structure. C. Extensions. Nonconforming uses shall not be extended. This prohibition shall be construed so as to prevent: 1. Enlargement of nonconforming uses by additions to the area of the structure in which such noncon- forming uses are located; or 2. Occupancy of additional lands. D. Relocation. A structure housing a nonconforming use may not be moved to another location on or off the parcel of land on which it is located, unless the use thereafter shall conform to the limitations of the Zone District into which it is moved. E. ChanQe in use. A nonconforming use shall not be changed to any other use unless the new use conforms to the provisions of the Zone District in which it is located. 2 F. Abandonment or discontinuance. The intent of the owner notwithstanding, where a nonconforming use of land or nonconforming use of structure is discontinued or abandoned for twelve (12) consecutive months, then such use may not be re-established or resumed, and any subsequent use must conform to the provisions of this chapter. G. Demolition or destruction. 1. Ability to restore. Any nonconforming use which is demolished or destroyed to the extent of less than seventy-five (75%) percent of the floor area or exterior wall area of the entire structure may be restored as of right if a building permit for reconstruction shall be issued within twelve (12) months of the date of demolition. Any nonconform- ing use which is demolished or destroyed to the extent of seventy-five (75%) percent or more of the floor area or exterior wall area of the entire structure shall only be restored in conformance with the provisions of this chapter. 2. Non-willful destruction. Any nonconforming use which is demolished or destroyed by an act of God or through any manner not willfully accomplished by the owner may be restored as of right, regardless of the extent of demolition or destruction, if a building permit for reconstruc- tion shall be issued within twelve (12) months of the date of demolition or destruction. Sec. 24-13.3. NonconforainQ structures. A. Authoritv to continue. A nonconforming structure devoted to a use permitted in the Zone District in which it is located may be continued in accordance with the provisions of this article. B Normal maintenance. Normal maintenance to permi t continuation of nonconforming structures may be performed in any period of twelve (12) consecutive months without limit on the cost of the maintenance. c. Bxtensions. 1. General. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformi ty. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. 3 2. Historic Landmark. The only exception to this requirement shall be for a structure designated as an Historic Landmark which is located in the R-6 or R-15 zone districts. Such structures may be extended into front yard, side yard and rear yard setbacks, may be extended into the minimum distance between buildings on a lot and may be enlarged, provided, however, such enlargement does not exceed the allowable floor area of the existing structure by more than five hundred (500 I) square feet, complies with all other requirements of this chapter, and receives development review approval as required by Section 24-9 of this Code. D. Relocation. A nonconforming structure shall not be moved unless it thereafter conforms to the standards and requirements of the Zone District in which it is located. E. Unsafe structure. Any portion of a nonconforming structure which becomes physically unsafe or unlawful due to lack of repairs and maintenance, and which is declared unsafe or unlawful by a duly author ized City official, but which an owner wishes to restore, repair or rebuild shall only be restored, repaired or rebuilt in conformity with the provisions of this chapter. F. Ability to restore. A nonconforming structure which is willfully demolished or destroyed to any extent may be restored as of right if a building permit for recon- struction shall be issued within twelve (12) months of the date of demolition or destruction. A nonconforming structure which is demolished or destroyed to any extent by an act of God or through any manner not willfully accomplished by the owner may be restored as of right if a building permit for reconstruction shall be issued within twenty-four (24) months of the date of demolition or destruction. Sec. 24-13.4. NonconforminQ accessory uses and accessory structures. No nonconforming accessory use or accessory structure shall continue after the principal structure or use shall have ter- minated unless such structure or use thereafter shall conform to the provisions of the Zone District in which it is located. Sec. 24-13.5. LodQe and hotel preservation. All lodge and hotel uses and structures that are lawfully established at the time of adoption of this chapter or an 4 amendment which would be considered to make the lodge or hotel a nonconforming use or structure under this chapter are hereby declared to be conforming and not subject to the provisions of this article as long as the following standards and requirements are met. A. Demolition or destruction. 1. Ability to restore. Any nonconforming lodge or hotel which is demolished or destroyed to the extent of less than seventy-five (75%) percent of the floor area or exterior wall area of the entire structure may be restored as of right if a building permit for reconstruction shall be issued within twelve (12) months of the date of demoli- tion. Any nonconforming lodge or hotel which is demolished or destroyed to the extent of seventy- five (75%) percent or more of the floor area or exterior wall area of the entire structure shall meet the dimensional requirements of the underly- ing Zone District. 2. Non-willful destruction. Any nonconforming lodge or hotel which is demolished or destroyed by an act of God or through any manner not willfully accomplished by the owner may be restored as of right, regardless of the extent of demolition or destruction, if a building permit for reconstruc- tion shall be issued within twenty-four (24) months of the date of demolition or destruction. B. Increase in units or size. There shall be no increase in the number of units in the lodge or hotel, or the total square footage in the lodge or hotel, unless the enlargement is for the purpose of constructing deed restricted employee housing units accessory to the principal use. C. Construction of employee housinQ. The enlargement of the lodge or hotel for the purpose of constructing employee housing shall be reviewed and considered as a Development Application for a conditional use pursuant to Section 24-3.3. In determining whether to approve, approve with conditions, or disapprove the application, the Commission shall ensure all the following standards and requirements are met. 1. There is no increase in lodge or hotel units. 2. The proposed employee housing units are in compliance with the adopted housing plan, and specifically the need for seasonal employee rooms. 5 3. The construction quality and unit size of the proposed employee housing units meets the stand- ards of the City's housing designee. 4. There are adequate public facilities to serve the proposed development, and off-street parking is provided pursuant to Section 24-4.5. 5. The proposed employee housing is compatible with surrounding land uses and the dimensional require- ments of the underlying Zone District. 6. The proposed employee housing is deed restricted to the employee rental guidelines, and against commercial rental or sale. In the event the lodge is condominiumized, the deed restricted units must be retained as a portion of the common elements of the lodge or hotel. 7. The proposed employee housing receives health, safety and fire inspection and commitments are made to comply with the results of said inspec- tion. 8. The deed restricted employee housing units are limited in their rental solely to employees of the lodge or hotel, and shall not be rented to other employees of the City nor rented on the open market. 9. The expansion may be in rental rooms, provided an equal amount of existing square footage of space is converted from rental rooms to deed restricted employee housing units. D. Abandonment. The intent of the owner notwithstanding, when a lodge or hotel subject to this section is discontinued or abandoned for twelve (12) consecutive months, then the use may not be re-established or the structure occupied, without conforming to the standards and requirements of the underlying Zone District. E. DaaaQe or destruction. If a lodge or hotel subject to this section is damaged or destroyed by any means and is not repaired or replaced within two (2) years from the date of damage or destruction, it shall only be reconstructed pursuant to the standards and require- ments of this chapter. Sec. 24-13.6. NonconforminQ lots of record. A. General. A detached single family dwelling and 6 Customary accessory buildings may be developed on a lot of record if: 1. The lot of record is in separate ownership and not contiguous to lots in the same ownership; and 2. The proposed single family dwelling can be located on the lot so that the yard, height, open space and floor area dimensional requirements of the Zone District can be met, or a variance is obtained from said dimensional requirements. B. Undivided lot. If two (2) or more lots or combinations of lots with continuous frontage in single ownership (including husband and wife as in all cases a single owner) are of record at the effective date of the adoption or amendment of this chapter, regardless of time of acquisition, and if all or parts of the lots do not meet the requirements established for lot width and area, the lots shall be considered an undivided parcel, and no portion shall be used or occupied which does meet the width and area requirements of this chapter. Sec. 24-13.7. Lot reduction. A. No lot or interest therein shall be transferred, conveyed, sold or subdivided so as to create a new nonconforming lot, to avoid, circumvent or subvert any provision of this chapter, or to leave remaining any lot in violation of the dimensional requirements of this chapter. B. No lot or portion of a lot required as a building site under this chapter shall be used as a portion of a lot required as a site for another structure. c. No building permit shall be issued for any lot or parcel of land which has been conveyed, sold, or subdivided in violation of this section. Any trans- feree who acquires a lot in violation of this paragraph without knowledge of such violation, and any subsequent transferee, shall have the right to rescind and/or receive damages from any transferer who violates the provisions of this paragraph. Section 2 That the following definitions be added to Section 24-3.1 of the Municipal Code: (ii) NONCONFORMING STRUCTURE means any structure which was estab- lished pursuant to the zoning and building laws in effect at the 7 time of its development, but which does not conform to the dimensional requirements imposed by this Code for the Zone District in which it is located. (jj) NONCONFORMIRG USB means any use of land, building or structure, which was established pursuant to the zoning and building laws in effect at the time of its development, but which use is not a permitted or conditional use under the regulations imposed by this Code for the Zone District in which it is located. (kk) NORMAL MAINTENANCE OF A NOR-CONFORMITY means any work done in a period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing. Section 3 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 4 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 5 ~ A public hearing on the Ordinance shall be held on the Q1/ day of ~d/'r...r ' 1988, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. 8 IRTRODUCEDr READ AND ORDBRED PUBLISHED as provided by law by the City Council of the City of Aspen on the ,~/ ~ day of I~la~v , 198'. ATTBST: ATTBST: ~~~ ~~ /~c?/' . wi11iaa L. Sti'"r1ing r Ma r Wil1iaa L. 9 /4~ day of FINALLY adopted, passed and approved this 7J1/l'L(!-~ , 19 ~.