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ORDINANCE NO.5
. (SERIES OF 2003)
.r~'~;
AN ORDINANCE OF THE qn: COUNCIL .OF THE CITY OFAs~tN APPRG
AMENDMENTS TO THE FOLLOwiNG CIlAP'TERS AND SECTI~S,'pF THE CITY
OF ASPEN LAN]) USE CODE OF mE CITY OF AS:PEN M'U~~Il?At CODE:
26;104.100~DEFINI1JONS; 26.208.0l0~CITYCOUNCIL.PO. . 111) D'I\ES;
26.210(B) ~ COMMUNITY DEVELOPMENT DXR.E.CTOj{ OI~l'ION,
AU1'HORITY, AND DUTIES; 26.212.010 - PLANNING..AND Z:()M. ....~. . SIGN
POWERS AND DUTIES; 26.226 - GROWTH MANAGEMENT S Q~26.412 -
COMMERCIAL DESIGN STANDARDS; 26.425 - CONDIT! L US;'!l430-
SPECIAL REVIEW; 26.435.050- MOUNTAIN VIEW PL ,,,'r1" JEW; 26.470 -
GROWTH MANAGEMENT QUOTA SYSTEM; 26.480 - SUBl)1fI . 26.515-0FF-
STREET"PARKING; 26.520 - ACCESSO~'Y DWELLIN9 U .. . ." '. ..~MffiIAGE
HODSES; 26.530 ~ RESIDENTMUiJ'!-FAMILY!lOU ..............~. ,.PJ.,A.:CEM:ENT"
PROGRAM; 26.535 - TRANSFERA.. ~k!n.... EV. E.. L. OPM.. ...E... . .... ...... G....m.............S S..:; 2. 6. .5. 75.. .020(A) -
CALCULATIONS AND MEAS '. M:E:N'rS; 26.575.0 ) -\1ETHODS OF
MEASUREMENT FQR V AR . G TYPES. OF RO . ....,.f6~75.020(E).:..
MEASUREMENT FQRDEMQL . ; 26.575.030-rEbE_f\N AMENITY;
" "',~,::-;,,.'>,~):~,
26.575.040 - YARDS; 26.575.060 - . ...... . IT. RA.. SH SER~.'.'.. €E. i'~. '.'....... ~;26.575.070 ~
USE SQUARE FOOTAGELAT_;.26.710.04Q!2f<MJEm\JM-DENSITY
RESID:ENTIAL (R-6) ZONE D . ....c;r; 2l:m.050 ..: MaP~r4.~-DENSITY' .
RESIDENTIAL (R-15) ZONE DI~~;.26.710.060 -~.ERf'fE':DENSITY
RESIDENTIAL (R~15A)Z:ON:E D.Ip~Z6.710.070 -1\1 ""E~TE:'DENSITY'
. RESIDENTIAL (R-15~..f....,..E..ll:.li.llS~T:r..Rm </':[';26..,7. ............... W-.'.D... E..N.....S..I...Ty..... . .
RESIDENTIAL (R-30) ZONE'~IRft!t;tl!k710~..-R:E:S '.' "'IAL.MULTI-
FAMILY (RMF)ZONE DISTRICTf~~.,:t.!0.100-ItrSIDENTIA..~' LTI-FAMILY ..
(RMFA) ZONE DIST~~T.."".,i... .26.710:14tr~ ..~O~g.AlAL........~.-9... ....~...... . (CC)ZON:E '" .
DISTRICT; 26.710.150 ..:1"J;l - (C-l)Z~STR!!;'; 2'6~710.160-
SERVICE/COMMERCIAL'.:~"..PSTRlAL (S/ell) ZO~ ~T;26.7fO.170'~
NEIGHBORHOOD COMMERC.~~C) ZON~,>>lSJU~T; '26:~!f.l~(r-Jv.(IXE])-tJSE
(MU) ZONE ]jISTRICT;26.710.f9~~~o"'OD. '.n,,-...... . i~])I~!tI~T;26~110:200'~ .
COMMERCtAL LODGE (CL) ZONE D~C; .~/~:fO -1~JJJ)GE()VERLAY (LO)
ZONE DISTRICT; 26.710.320 - LODGE PREsElt~f!ON OYERLAY(LP) ZONE
DISTRICT .~.
WHEREAS, the City Council and the Planning and ZoningColIlrnission of the City ot
Aspen directed the Planning Director of the Community Development Department to propose
amendments to the Land Use Code related to the Intill Report, a report developed by a city-
commissioned advis9ry group, the Infill Advisory Group, pursuant to sections 26.208 and
26.212; and, .
WHEREAS, the purpose of the Infill Progra is to implement many of the action items
identified in the 2000 Aspen Area Community PI , Barriers to Infilll Development (a report
Ordinance No.5
Series of 2003.
Page 1
commissioned by the City of Aspen in 2000), recommendations of the Infill Report (a report
produced by the Infill Advisory Group in January, 2002), and the Recommendations of the
Economic Sustainability Committee (a joint project between the City of Aspen, the Aspen
Chamber Resort Association, and the Aspen Institute Community Forum concluded in
September, 2002) that call for:
. intensification of land uses within the traditional townsite,
· focusing of growth towards already developed areas and away from undeveloped areas
surrounding the city,
. retention of existing commercial and lodging uses,
. increased vitality of the downtown retail environment.
. rejuvenation of aging commercial properties,
. redevelopment of existing, and development of new, lodging faGilities
· development of mixed-use buildings with housing opportunities for locals.
· development of mixed affordable and free-market residential projects,
· development of affordable housing in locations supported by the "Interim Aspen Area
Housing Plan Guidelines" (incorporated as part of the 2000 AACP).
· incentives for the preservation of historic landmarks.
· revisions to, or elimination of, identified barriers to successful illlfill development such as
the costs of development exactions, growth management penalties for redeveloping
buildings, and the length an uncertainty of approval processes.
· revisions to the strategy implementing growth management to emphasize quality of
development as opposed to just the quantity of development.
· elimination of development incentives for single-family and duplex development within
commercial, mixed-use, and lodging zone districts,
· balance between the community and the resort aspects of Aspen,
· balance of land being used for lodging, commercial, and residential purposes,
· sustainability ofthe local social and economic conditions,
· The creation of a development environment in which private sector motivation IS
leveraged to address community goals,
; and,
Ordinance No, 5
Series of 2003.
Page 2
WHEREAS, the amendments requested relate to multiple Chapters and Sections of the
Land Use Code, Title 26 of the Aspen Municipal Code, including Chapters and Sections:
26,104,100 - Definitions page 4
26,208,010 - City Council Powers and Duties page 8
26,2l0(B) - Community Deyelopment Director Jurisdiction, Authority,. and Duties. page 9
26.212,010 - Planning and Zoning Commission Powers and Duties page 10
26.226 - Growth Manaf?emerit Commission page 12
26,412 - Commercial Design Standards page 12
26.425 - Conditional Uses page 20
26.430 - SlJecial Reyiew page 23
26.435,050 - Mountain View Plane Reyiew page 27
26.470 - Growth Management Quota System page 28
26.480 - Subdiyision page 53
26,515 - Off-Street Parking page 66
26,520 - Accessorv Dwelling Units and Carriage Houses page 73
26,530 - Resident Multi-family Housing Replacement Program page 80
26,535 - Transferable Deyelopment Rights page 85
Ninety-day delay on TDR effectiye date page 92
26.575,020(A) - Calculations and Measurements page 92
26.575,020(B) - Methods of Measurement for Varying Types of Roofs page 93
26,575.020(E) - Measurement for Demolition page 94
26,575.030 - Pedestrian Amenity page 95
26.575,040 - Yards page 98
26,575,060 - Utility/Trash Service Areas page 99
26.575,070 - Use Square footage Limitations page 99
26,710,040 - Medium-Density Residential (R-6) Zone District page 100
26,710,050 - Moderate-Density Residential (R-15) Zone District page 104
26,7) 0,060 - Moderate-Density Residential (R-15A) Zone District page 107
26,7) 0,070 - Moderate-Density Residential (R-15B) Zone District page 11 0
26,710,080 - Low-Density Residential (R-30) Zone District page 112
26,7)0.090 - Residential Multi-Family (RMF) Zone District page 115
26,710.100 - Residential Multi-Family (RMF A) Zone District page 117
26,710,140 - Commercial Core (CC) Zone District page 119
Amortization of Office Uses on ground floor in CC Zone District page 121
26,710,150 - Commercial (C-l) Zone District page 123
26,710,160 - Service/CommerciallIndustrial (S/C/I) Zone District page 125
26.710,170 - Neighborhood Commercial (NC) Zone District page 128
26,710.180 - Mixed-Use eMU) [was OfficeT Zone District page 130
26,710.190 - Lodge (L) [was L/TRl Zone District page 132
26,710.200 - Commercial Lodge (CL) Zone District page 134
26,710,310 - Lodge Oyerlay (LO) zone district page 136
26,710,320 - Lodge Preservation Oyerlay (LP) zone district page 137
; and,
Ordinance No, 5
Series of 2003.
Page 3
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and recommended for approval, approval with conditions, or
denial by the Community Development Director and then by the Planning and Zoning
Commission at a public hearing, Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on September 3,
2002, continued to September 17, 2002, continued to September 24, 2002, continued to October
1,2002, continued to October 8, 2002, continued to October 15, 2002, continued to October 22,
2002, continued to October 29, 2002, continued to November 5, 2002, continued to November
12, 2002, continued to November 19, 2002, continued to November 26, 2002, continued to
December 10, 2002, and continued to December 17, 2002, took and considered public testimony
at each of the aforementioned hearing dates and the recommendation of the Community
Development Director and recommended, by a five to one (5-1) vote, City Council adopt the
proposed amendments to the land use code by amending the text of the above note Chapters and
Sections of the Land Use Code, as described herein; and,
WHEREAS, the Aspen City Council has reviewed and considered the recommended
changes to the Land Use Code under the applicable provisions of the Municipal Code as identified
herein, has reviewed and considered the recommendation of the Community Development Director,
the Planning and Zoning Commission, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land Use
Code or exceed all applicable standards and that the approval of the proposal is consistent with the
goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
Section 26,104,100, Definitions, which section describes the meaning of terms used in
the Land Use Code, shall include the additional following terms and definitions:
Retail Uses: Commercial establishments engaged in the selling or renting of consumer
goods and merchandise to the general public including the sale or rental of products
manufactured or enhanced on-premises and the rendering of services incidental to the sale
or rental of such products, Retail shall include restaurant, nightclub and bar, Food
Market, Neighborhood Cafe, movie theater, and the sale or rmtal of vehicles, clothing,
sporting equipment, jewelry, books, videos, prescriptions drugs, liquor, hardware,
Ordinance No, 5
Series of 2003,
Page 4
furniture, and art, and similar activities, Retail shall not include Office Uses or Service
Uses,
Neighborhood Commercial Uses: Commercial establishments engaged in the selling or
renting of consumer goods and merchandise to the general public and the rendering of
services incidental to the sale or rental of such products, Neighborhood Commercial shall
include Retail Uses (with the exception of restaurants, nightclubs, and bars), post office
branch, Artist Studio, Commercial Kitchen, Bakery, Food Market, Neighborhood Cafe,
broadcasting facility, movie theaters, and the sale or rental of vehicles, clothing, sporting
goods, jewelry, books, videos, prescription drugs, liquor, hardware, furniture, and art, and
similar activities,
Service Uses. Commercial establishments engaged in providing personal or financial
services to the general public including banking, dry cleaning, laundromat, tailoring,
mortuary, post office branch, shipping and receiving services, personal storage lockers,
barber and beauty shop, tattoo parlor, instructional or perfOlming arts studio with no
public performances, health and fitness facility, spa, and similar activities,
Office Uses. A building, or portion thereof, used for the transaction of business,
professional, or medical services and activities including, without limitation, realtors,
timeshare sales, government administration, non-profit organizations, travel agents,
advertising or insurance agents, lawyers, physicians, dentists, architects, engineers,
accountants, other licensed professionals and property management companies or agents,
Arts, Cultural, and Civic Uses: The use of land or buildings by non-profit, arts,
cultural, religious, or public organizations such as a church, fraternal club, performing
arts theater, library, museum, hospital, and other similar purposes,
Public Uses: The use of land or buildings by public or quasi-public organizations or for
public use such as government administration and service, visitors center, transportation
buildings and facilities, public parking, post office, fire station, and other similar
purposes,
Academic Uses: The use of land or buildings for educational activities with attendant
research, housing, administration, and public venues, Academic Uses shall include public
or private school, university, teaching hospital, research facility, testing laboratory,
library, auditorium, administrative offices, faculty housing, student housing, and similar
uses,
Agricultural Uses: The use of land and buildings for the production of crops, animals,
animal products, and the keeping of livestock including riding stables, arenas, orchards,
nurseries, flower production, dairy operations, fisheries, animal husbandry services, and
similar uses, Agricultural uses shall not receive the general public or support a
membership or academic club.
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Series of2003,
Page 5
Recreational Uses: The use of land or buildings for recreational uses such as park,
playground, play field, golf course, skate board park, and similar uses.
Service Commercial Industrial Uses: The use of buildings or land for the manufacture,
repair and servicing of consumer goods, the provision of common domestic services, and
with limited retail, showroom, or customer reception areas. (See
Service/Commercial/Industrial Zone District, Section 26, 710,160)
Bakery: Same as Commercial Kitchen.
Commercial Kitchen: A commercial establishment producing or wholesaling prepared
food items which may have retail dispensing with no seating or wait service,
Commercial Parking Facility: The use of a parcel or structure for the parking of
automobiles as a commercial venture, including both the rental and sale of parking
spaces, Public parking facilities owned by a public agency shall be considered "public
uses."
Restaurant: A commercial eating and drinking establishment where food is prepared and
served for consumption on or off premises, not subject to size or seating capacity
limitation.
Neighborhood Cafe: A commercial eating and drinking establishment where food is
prepared and served for consumption on or off premises, limited to no more than 1,500
interior square feet and no limitation on outdoor seating.
Basement Floor. See Sub grade Area, For split-level buildings, the lowest level shall be
the Basement Floor.
Ground Floor. The Floor of a structure approximately the same elevation as the natural
grade of the surrounding area, For split-level buildings, the floor above the lowest level
shall be the Ground Floor.
Upper Floors. The Floors of a structure located entirely above the Ground Floor of the
same structure,
Carriage House. A deed restricted dwelling unit attached to or detached from a principal
residence situated on the same lot or parcel, and which meets the occupancy, dimensional
and other requirements set forth in Section 26,520 of this Title, and requirements set forth
in the Aspen/Pitkin County Housing Guidelines.
Accessory Dwelling Unit (ADU). A deed restricted dwelling unit attached to or
detached from a principal residence situated on the same lot or parcel, and which meets
the occupancy, dimensional and other requirements set forth in Section 26,520 of this
Title, and requirements set forth in the Aspen/Pitkin County Housing Guidelines,
Ordinance No.5
Series of2003,
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Hotel (a.k.a. Lodge). A building or parcel containing three (3) or more individual
rooms, without kitchens, used for overnight lodging by the general public on a short-term
basis for a fee, with or without meals, and which has common reservation and cleaning
services, combined utilities, and on-site management and reception services, Unless
otherwise approved, pursuant to Chapter 26.590 Timeshare Development, occupancy
periods of a hotel or lodge unit by anyone person or owner shall not exceed 30
consecutive days and shall not exceed 90 days within any calendar year, regardless of the
form of ownership,
Demolition. To raze, disassemble, tear down, or destroy forty percent (40%) or more of
an existing structure as measured by above-grade exterior wall assembly and the
components necessary for structural integrity, including wall and roof area and associated
structure and including doors and windows (see section 26,575,020(E), measurement of
demolition); also, the removal of a dwelling unit in a multi-family or mixed-use building,
or its conversion to non-residential use. (See, Chapter 26.530, Residential Multi-Family
Replacement Program,)
Yard. The grounds surrounding a building on the same lot or parcel which are
unoccupied and unobstructed above and below ground, except for trees and vegetation, or
as otherwise permitted in this Title, (See, Supplementary Regulations - Section
26.575,040, Yards, See also, "Setbacks".)
Subdivision. The process, act, or result of dividing land into two or more lots, parcels, or
other units of land or separate legal interests, for the purpose of transfer of ownership,
creating a condominium interest, creating a common interest community, creating a
leasehold interest of a portion of a parcel, or for the purpose of creating or altering streets
or rights-of-way,
Subdivision shall also include the realignment, alteration or elimination of any lot line,
property boundary, or other boundary defining legal interest, established by and/or
reflected on a plat or deed recorded in the office of the Clerk and County Recorder for
Pitkin County.
Subdivision shall also include the creation of apartments, any other multiple dwelling
units, and the creation of timeshare dwelling units, timeshare lodge units, exempt
timeshare units, fractional fee units, or time-span estates,
Unless the division of land as specified below is undertaken D:>r the purpose of evading
this Title, "subdivision" does not apply to any division of land:
(a) Which is created by judicial proceeding or order of a court of competent
jurisdiction in this state, or by operation of law, provided that the city is given
notice of and an opportunity to participate in the judicial proceeding prior to the
entry of any such court order;
Ordinance No, 5
Series of 2003,e
Page 7
(b) Which is reflected or created by a lien, mortgage, deed of trust or any other
security instrument;
(c) Which is created or reflected in a security or unit of interest in any investment
trust regulated under the laws of Colorado, or any other interest in an investment
entity;
(d) Which creates cemetery lots;
(e) Which creates an interest in oil, gas, minerals or water which is severed from the
surface ownership or real property; or
(f) Which is created by the acquisition of an interest in land by reason of marriage or
blood relationship, joint-tenancy, or tenants-in-common. Any such interest is for
the purposes of this Title a single interest
(g) Which creates an undivided leasehold interest of an entire parcel of land.
(h) Which creates a leasehold interest in a portion of a parcel for a period of twenty
(20) years or less,
(i) Which creates a transferable development right, pursuant to Section 26,535
Section 2:
Section 26,208.010, Powers and Duties, which Chapter describes the powers and duties of the
City Council, shall read as follows:
26.208.010 Powers and duties.
In addition to any authority granted by state law or the Municipal Code of the City of Aspen,
Colorado, the City Council shall have the following powers and duties:
A, To initiate amendments to the text ofthis Title, pursuant to Chapter 26.310;
B. To hear, review, and adopt amendments to the text of this Title after recommendation
by the commission, pursuant to Chapter 26,310;
C, To initiate amendments to the official zone district map, pursuant to Chapter 26.310;
D, To hear, review, and adopt amendments to the official zone district map after
recommendation by the Planning and Zoning Commission, pursuant to Chapter
26.310;
E, To hear, review, and adopt a conceptual development plan and a final development
plan for specially planned areas (SPA), after recommendations of the Planning and
Zoning Commission, pursuant to Chapter 26.440;
F, To hear, review, and adopt a conceptual development plan and a final development
plan for a planned unit development (PUD), pursuant to Cha.pter 26.445;
G, To hear, review, and designate H, Historic Overlay Distrids and historic landmarks,
after recommendation from the Planning and Zoning Commission and the Historic
reservation Commission, pursuant to Chapter 26.420;
Ordinance No, 5
Series of2003,
Page 8
H, To review appeals from decisions of the Historic Preservation Commission
approving, conditionally approving or disapproving a development application for
development or demolition of a historic landmark or a development application for
development or demolition in a H, Historic Overlay District pursuant to Chapter
26.415;
L To adopt historic district and historic landmark development guidelines and to ratify
the Historic Preservation Commission evaluation of the inventory of historic
structures pursuant to Chapter 26.415;
J, To hear appeals from decisions of decision-making bodies as enabled in each Chapter
of this Title.
K, To grant approve development applications as required by Chapter 26.470, Growth
Management Quota System;
L. To hear appeals from interpretations made by the planning director regarding the text
of this Title and the boundaries of the official zone district map, pursuant to Chapter
26.306;
M, To hear, review, and approve, approve with conditions, or disapprove a plat for
subdivision, after recommendation from the Planning and Zoning 'Commission
pursuant to Chapter 26,480;
N. To determine if a development proposal is reasonably necessary for the convenience
and welfare of the public, pursuant to Section 26,500,040, and thereafter review such
proposal in accordance with Section 26,500,050(B),
0, To create a Transferable Development Right in accordance with Chapter 26.535,
p, To take such other actions not delegated to the Planning and Zoning Commission, the
Historic Preservation Commission, the Board of Adjustment, or the Director of the
Community Development Department, as the City Council may deem desirable and
necessary to implement the provisions of this Title,
Section 3:
Section 26.2l0(B), Jurisdiction, Authority, and Duties, which Chapter describes the jurisdiction,
authority, and duties of the Community Development Director, shall read as follows:
B, Jurisdiction, Authority and Duties, In addition to the jurisdiction, authority and duties
which may be conferred upon the Community Development Department Director by other
provisions of the Municipal Code of the City of Aspen, Colorado, the Community Development
Department Director shall have the following jurisdiction, authority and duties:
1, To serve as staff to the City Council, to provide such body with planning and technical
assistance and to inform such body of all facts and information available with respect to
development applications or any other matters brought before it;
2, To serve as staff to the Planning and Zoning Commission, to provide such body with
planning and technical assistance and to inform such body of all facts and information
available with respect to development applications or any other matters brought before it;
Ordinance No, 5
Series of2003,
Page 9
3. To serve as staff to the Historic Preservation Commission, to provide such body with
planning and technical assistance, to inform such body of all facts and information
available with respect to development applications or any other matters brought before it
and to inform such body regarding historic preservation items being heard by other city
boards in advance of those hearings;
4. To serve as staff to the Board of Adjustment and other decision making bodies
established by this Title and to inform such bodies of all facts and information available
with respect to development applications or any other matters brought before it;
5. To render interpretations of this Title or the boundaries of the official zone district map
pursuant to Chapter 26.306;
6, To enforce any provision of this Title or any other provision of the Municipal Code of the
City of Aspen;
7, To establish such rules of procedure necessary for the administration of the Community
Development Department Director's responsibilities;
8, To exempt development within a H, Historic Overlay District in accordance with Chapter
26.415;
9. To approve minor modifications to a development order for development or demolition
within a H, Historic Overlay District in accordance with Chapter 26.415;
10. To exempt development in an environmentally sensitive area (ESA) in accordance with
Chapter 26.435;
1 L To exempt development which is subject to special review in accordance with Chapter
26.430;
12. To approve, approve with conditions, or deny development subject to GMQS
administrative approval in accordance with Chapter 26.470; and
13, To approve development subject to Subdivision administrative approval in accordance
with Chapter 26.480; and
13. To undertake all other general comprehensive planning responsibilities.
14, To initiate amendments to the text of this Title or to the Official Zone District Map,
pursuant to Section 26.310.
15, To administer the land use application fee policy, bill applicants accordingly to said
policy, to take such actions deemed necessary in withholding development orders or
issuing stop work orders upon nonpayment of review fees, and to waive any fees, or
portions thereof, upon request according to said policy,
16, To extinguish a Transferable Development Right in accordance with Chapter 26,535,
Section 4:
Section 26,212,010, Powers and Duties, which Chapter describes the powers and duties of the
Planning and Zoning Commission, shall read as follows:
Ordinance No, 5
Series of 2003,
Page 10
26.212.010 Powers and dnties.
In addition to any authority granted the Planning and Zoning Commission (hereinafter
"commission") by state law or the Municipal Code of the City of Aspen, Colorado, the
commission shall have the following powers and duties:
A. To initiate amendments to the text ofthis title, pursuant to Chapter 26.310;
B, To review and make recommendations of approval or disapproval of amendments to the
text of this title, pursuant to Chapter 26,310;
C, To initiate amendments to the official zone district map, pursuant to Chapter 26.310;
D, To review and make recommendations of approval, approval with conditions, or
disapproval to the City Council in regard to amendments of the official zone district map,
pursuant to Chapter 26.310;
E. To review and make recommendations of approval, approval with conditions, or
disapproval to the City Council on a conceptual development plan and final development
plan for planned unit development (PUD), pursuant to Chapter 26.445;
F, To review and make recommendations of approval, approval with conditions, or
disapproval to the City Council on adoption of a conceptual development plan and final
development plan or specially planned areas (SPA), pursuant to Chapter 26.440;
G, To approve, approve with conditions, or deny development subject to GMQS Planning
and Zoning Commission Review in accordance with Chapter 26.470; and
H, To approve, approve with conditions, or deny development subject to Commercial Design
Review in accordance with Chapter 26.412; and
L To hear, review and recommend approval, approval with conditions, or disapproval of a
plat for subdivision, pursuant to Chapter 26.480;
J, To hear and approve, approve with conditions, or disapprove conditional uses pursuant to
Chapter 26.425;
K. To hear and approve, approve with conditions, or disapprovl~ development subject to
special review, pursuant to Chapter 26.430;
L. To hear and approve, approve with conditions, or disapprove development in
environmentally sensitive areas (ESA), pursuant to Chapter 26.435;
M, To make its special knowledge and expertise available upon reasonable written request
and authorization of the City Council to any official, department, board commission or
agency of the City of Aspen, Pitkin County, State of Colorado, or the federal government;
and
N, To adopt such rules of procedure necessary for the administration of its responsibilities
not inconsistent with this title,
O. To grant variances from the provisions of this Title when a consolidated application is
presented to the commission for review and approval pursuant to Chapter 26.314;
Ordinance No.5
Series of 2003,
Page 11
P. To hear, review and approve variances to the Residential Design Guidelines, pursuant to
Chapter 26.410;
Q, To hear and decide appeals from, and review any order, requirement, decision, or
determination made by, any administrative official charged with the enforcement of
Chapter 26.410, Residential Design Standards, including appeals of interpretation of the
text of said section, The Commission may grant relief from the Residential Design
Standards, but such relief shall not constitute relief from other requirements of this Title.
Section 5:
Chapter 26.226, Growth Management Commission, which Chapter enables a joint City and
County land use decision making body, shall be eliminated,
Section 6:
Chapter 26.412, Commercial Design Review, which Chapter describes process and criteria for
reviewing the design of commercial, lodging, and mixed-use buildings, shall read as follows:
26.412.010
26.412.020
26.412.030
26.412.040
26.412.050
26.412.060
26.412.070
26.412.080
26.412.090
26.412
COMMERCIAL DESIGN REVIEW
Purpose,
Authority.
Applicability.
Procedure
Review Criteria.
Commercial Design Standards.
Suggested Design Elements.
Amendment of Commercial Design Review Approval.
Appeals
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 Aspen's commercial areas and streetscapes are public
places conducive to walking, The review standards do not prescribe architectural style, but do
require certain building elements contribute to the streetscape,
The character of Aspen's commercial district is largely established by the relationship between
front facades of buildings and the streets they face, By requiring certain building elements,
storefronts are more appealing and new, or remodeled, commercial buildings can contribute to a
well-designed 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,
Ordinance No, 5
Series of2003,
Page 12
Acknowledgement of the context that has been established by the existing built environment is
important to protecting the uniqueness of the town. 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,
26.412.020 Authority.
The Plauning and Zoning Commission, in accordance' with the procedures, standards, and
limitations of this Chapter and of Common Development Review Procedures, Section 26.304,
shall approve, approve with conditions, or disapprove a land use application for Commercial
Design Review, pursuant to Section 26.412.050, Review Criteria, The review shall be conducted
by the Planning and Zoning Commission and not combined with reviews by other boards
pursuant to Section 26.304,060(B),
26.412.030 Applicability, This section applies to all commercial, lodging, and mixed-used
development with a commercial component, within the City of Aspen requiring a building
permit
Applications for commercial development may be exempted from the provisions of this section
by the Community Development Director ifthe development is:
I, An addition or remodel of an existing structure that does not change the exterior of the
building.
2, A remodel of a structure where proposed alterations affect aspects of the exterior of the
building not addressed by any of the Commercial Design Standards,
26.412.040 Procedure
A. Pre-Application.
Pursuant to Section 26.304,020, Pre-Application Conference, Applicants are encouraged to
meet with a City Planner of the Community Development Department to clarify the
requirements of this section and to determine if a project may be exempted from the
provisions ofthis section. This step is not mandatory,
B. Application
A development application for Commercial Design Review shall include the requisite
information and materials, pursuant to Section 26.304,030. In addition, the application shall
include scaled floor plans and elevations for the proposed development The Community
Ordinance No, 5
Series of 2003.
Page 13
Development Director, at hislher own discretion, may require additional submission materials
according to the complexity of the development proposal. The application shall be submitted
to the Community Development Department along with any requisite review fees,
C. Community Development Director Review.
The Community Development Director shall review the proposed development in accordance
with Section 26.304, Common Development Review Procedures, and in relation to Section
26.412,050, Review Criteria, and Section 26.412.060, Commercial Design Standards,
D. Planning and Zoning Commission Review.
Applications for Commercial Design Review shall be forwarded to the Planning and Zoning
Commission along with a recommendation by the Community Development Director,
The Planning and Zoning Commission shall review the proposed development, at a public
hearing in accordance with Section 26.304, Common Development Review Procedures, and
approve, approve with conditions, or deny the application based on the criteria of Section
26.412,050, Review Criteria, and Section 26.412,060, Commercial Design Standards,
Public notice for the public hearing shall be provided by publication, posting, and mailing,
(See Section 26.304.060(E)(3)(a), (b), and (c),)
26.412.050 Review Criteria.
An application for Commercial Design Review may be approved, approved with conditions,
or denied based on conformance with the following criteria:
L The proposed development meets the requirements of Section 26.412,060, Commercial
Design Standards or any deviation from the Standards provides a more-appropriate
pattern of development considering the context in which the development is proposed and
the purpose of the particular standard. Compliance with Section 26.412,070, Suggested
Design Elements, is not required but may be used to justify a more-appropriate pattern of
development and a deviation from the Standards,
2, For proposed development converting an existing structure to commercial use, the
proposed development meets the requirements of Section 26.412,060, Commercial
Design Standards, to the greatest extent practical. Amendilli~nts to the fai(ade of the
building may be required to comply with this section.
3. For properties listed on the Inventory of Historic Sites and Structures, the proposed
development has received conceptual approval from the Historic Preservation
Commission, pursuant to Chapter 26.415,
26.412.060 Commercial Design Standards. The following design standards shall apply to
commercial, lodging, and mixed-use development:
A. Building Relationship to Primary Street.
A street wall is comprised of buildings facing principal streets and public pedestrian spaces,
Consistent street walls provide a sense of a coherent district and frame an outdoor room,
Ordinance NO.5
Series of 2003,
Page 14
Interruptions in this en(;losure can lessen the quality of a commercial street. Comer buildings are
especially important, in that they are more visible and their scale and proportion affects the street
walls of two streets, Well-designed and located pedestrian open spaces can positively affect the
quality of the district, while remnant or leftover spaces can detract from the downtown, A
building's relationship to the street is entirely important to the quality of the downtown
pedestrian environment. Split-level retail and large vertical separations from the sidewalk can
disrupt the coherence of a retail distIjct." The following standards shall apply:
1. Building facades shall be parallel to the adjoining primary streets, Minor elements of the
building fa<;:ade may be developed at irregular angles,
2, Building facades along primary streets shall be setback no more than the average setback
of the adjoining buildings and no less than the minimum requirement of the particular
zone district. Exempt from this provision are building setbacks accommodating On-Site
Pedestrian Amenity, pursuant to Section 26.575,030,
3, Building facades along primary streets shall maintain a consist<:nt setback on the first and
second story,
4, Commercial buildings shall be developed with the first floor at, or within two (2) feet
above, the level of the adjoining sidewalk, or right-of-way if no sidewalk exists. "Split-
level" retail frontage is prohibited,
5, Commercial buildings incorporating a setback from a primary street shall not incorporate
a substantial grade change between the building fa<;:ade and the public right-of-way,
"Moats" surrounding buildings are prohibited,
B. Pedestrian Amenity Space.
Creative, well-designed public places and settings contribute to an attractive, exciting, and vital
downtown retail district and a pleasant pedestrian shopping and entertainment atmosphere.
Pedestrian amenity can take the form of physical or operational improvements to public rights-
of-way or private property within commercial areas, On parcels required to provide pedestrian
amenity, pursuant to Section 26,575.030, the following standards shall apply to the on-site
provision of such amenity, The applicant shall retain the option of providing on-site pedestrian
amenity or other off-site options. The following standards shall apply to on-site proposals:
1. The dimensions of the proposed space sufficiently allow for a variety of uses and
activities to occur considering any expected tenant and future potential tenants and uses.
2, The pedestrian space contributes to an active street vitality, To accomplish this
characteristic, public seating, outdoor restaurant seating or similar active uses, shade
trees, solar access, view orientation, and simple at-grade relationships with adjacent
rights-of-way are encouraged.
3, The pedestrian space, and the design of on-site structures, contributes to an inviting retail
environment.
4, The proposed space does not duplicate existing pedestrian space created by malls,
sidewalks, or adjacent property, or such duplication does not detract from the pedestrian
environment.
Ordinance No, 5
Series of 2003.
Page 15
5, Any variation to the Design and Operational Standards for Pedestrian Space, Section
26,575,030(F) promote the purpose ofthe pedestrian space requirements,
6, The Planning and Zoning Commission may reduce the pedestri~m amenity requirement by
any amount, such that no more than half the requirement is waived, as an incentive for
well-designed projects having a positive contribution to the pedestrian environment. On-
site provision shall not be required for a reduction in the requirement.
C. Street-Level Building Elements.
The "storefront," or street-level portion of a commercial building is perhaps the single most
important element of a commercial district building. Effective storefront design can make an
entire district inviting and pedestrian friendly. Inappropriate storefront design can become a
detriment to the vitality of a commercial district. In order to be an effective facility for the sale
of goods and services, the storefront has traditionally been used as a tool to present those goods
and services to the passing pedestrian (potential customer), Because of this function, the
storefront has traditionally been as transparent as possible to allow maximum visibility to the
interior. The following standards shall apply:
L Boring, blank walls are prohibited, Fenestration, or an alternate means of fa9ade
articulation, is required on all exterior walls,
2. Retail buildings shall incorporate, at a minimum, a 60% fem:stration to solid ratio on
exterior street-level walls facing primary streets. This provision may be reduced or
waived for lodging properties with no, or limited, street-level retail, office buildings, and
for Service/Commercial/Industrial buildings.
3. Building entrances shall be well-defined and apparent.
4. Building entrances shall be designed to accommodate an internal airlock such that
temporary seasonal airlocks on the exterior ofthe building are unnecessary,
5, Non-traditional storefronts, such as along an alleyway, are encouraged,
D. Parking.
Parking is a necessary component of a successful commercial district. The manner in which
parking is physically accommodated has a larger impact upon the quality of the district that the
amount of parking. Surface parking separating storefronts from the street creates a cluttered,
inhospitable pedestrian environment. A downtown retail district shaped by buildings, well-
designed storefronts, and a continuous street wall is highly preferred over a district shaped by
parking lots, Well-placed and well-designed access points to paJrking garages can allow
convenient parking without disrupting the retail district. The following standards shall apply:
1, Parking shall only be accessed from alleyways, unless such access is unavailable or an
unreasonable design solution in which case access from a primary street shall be designed
in a manner that minimizes disruption of the pedestrian environrnent.
2, Surface parking shall not be located between the primary street right-of-way and the
building fa9ade,
Ordinance No.5
Series of2003.
Page 16
3, Above grade parking garages in commercial districts shall incorporate ground-floor
commercial uses and be designed in a manner compatible with surrounding buildings and
uses.
4, Above grade parking garages shall not reveal internal ramping on the exterior fayade of
the building,
E. Utility, Delivery, and Trash Service Provision.
The proper design of necessary logistical elements of buildings within a commercial district
contributes to the overall success of the" district. Poor logistics of one building can detract from
the ~quality of surrounding properties, Efficient delivery and trash areas can significantly improve
the function of alleyways, The following standards shall apply:
1. A utility and trash service area shall be accommodated along the alley meeting the
minimum standards established by Section 26.575.060 Utility/Trash Service Areas,
unless otherwise established according to said section,
2. All utility service pedestals shall be located on private property and along the alley,
Proper easements shall allow for service provider access. Encroachments into the
alleyway shall be minimized to the extent practical and should only be necessary when
existing site conditions, such as a historic resource, dictate such encroachment. All
encroachments shall be properly licensed,
3, Delivery service areas shall be incorporated along the alley. Any truck loading facility
shall be an integral component of the building, Shared facilities are highly encouraged,
4, Mechanical exhaust, including parking garage ventilation, shall be vented through the
roof. The exhaust equipment shall be located as far away tirom the primary street as
practicaL
5, Mechanical ventilation equipment and ducting shall be accommodated internally within
the building and/or located on the roof, minimized to the extent practical and recessed
behind a parapet wall or other screening device such that it shall not be visible from a
public right-of-way at a pedestrian leveL New buildings shall reserve adequate space for
future ventilation and ducting needs,
26.412.070 Suggested Design Elements. The following guidelines are building practices
suggested by the City, but are not mandatory, In many circumstances, compliance with these
practices may not produce the most-desired development and project designers should use their
best judgment.
A, Siznaze:
Signage should be integrated with the building to the extent possible, Integrated signage areas
already meeting the City's requirements for size, etc, may minimize new tenant signage
compliance issues. Common tenant listing areas also serves a public wayfinding function,
especially for office uses, Signs should not block design details of the building on which they are
placed, Compliance with the City's sign code is mandatory,
B. Disvlav windows:
Ordinance No, 5
Series of2003,
Page 17
Display windows provide pedestrian interest and can contribute to the success of the retail space,
Providing windows that reveal inside activity of the store can provide this pedestrian interest.
C. Lizhtinz:
Well-lit (meaning quality, not quantity) display windows along the first floor create pedestrian
interest after business hours, Dynamic lighting methods designed to catch attention can cheapen
the quality of the downtown retail environment. Illuminating certain important building elements
can provide an interesting effect. Significant light trespass should be avoided, Illuminating the
entire building should be avoided, (Compliance with the City's Outdoor Lighting code, Section
26,575,050, is mandatory.)
D, Orizinal Townsite Articulation:
Buildings spanning more than one Original Townsite Lot should incorporate fayade expressions
coincidental with these original parcel boundaries to reinforce historic scale, This may be
inappropriate in some circumstances, such as on large comer lots,
E, Architectural Features:
Parapet walls should be used to shield mechanical equipment from p,:destrian views. Aligning
cornices and other architectural features with adjacent buildings can rellate new buildings to their
historical surroundings, Awnings and canopies can be used to provide architectural interest and
shield windows and entryways from the elements,
26.412.080 Amendment of Commercial Design Review Approval.
A. Insubstantial Amendment.
An insubstantial amendment to a Commercial Design Review approval may be authorized by
the Community Development Director if:
L The change is in conformance with the Design Standards, Section 26.412,060, the change
represents a minimal effect on the aesthetics of the proposed development, or the change
is consistent with representations made during the original review concerning potential
changes of the development proposal considered appropriate by the decision-making
body; and,
2, The change requires no other land use action requiring review by either the Planning and
Zoning Commission or the Historic Preservation Commission,
B. Other Amendments.
All other amendments to a Commercial Design Review approval shall be reviewed pursuant
to the standards and procedures ofthis Section,
26.412.090 Appeals.
An applicant aggrieved by a determination made by the Planning and Zoning Commission,
pursuant to this Section, may appeal the decision to the City Council, pursuant to the procedures
and standards of Section 26.316, Appeals,
Ordinance No, 5
Series of 2003.
Page 18
Section 7:
Chapter 26.425, Conditional Uses, which Chapter describes the procedures and limitations of
uses authorized as conditional uses in each zone district, shall read as follows:
Chapter 26.425
CONDITIONAL USES
Sections:
26.425.010 Purpose.
26.425.020 Authority.
26.425.030 Authorized conditional uses.
26.425.040 Application.
26.425.050 Procedure for review.
26.425.060 Review Standards.
26.426.070 Conditional of Approval.
26.4:25.080 Amendments.
26.425.010 Purpose.
Conditional uses are those land uses which are generally compatible with the other permitted
uses in a zone district, but which require individual review of their location, design,
configuration, intensity, and density in order to ensure the appropriateness of the land use in the
zone district.
26.425.020 Authority.
The Planning and Zoning Commission, in accordance with the procedures, standards and
limitations of this Chapter and of Common Development Review Procedures, Section 26.304,
shall by resolution approve, approve with conditions, or disapprove a development application
for a conditional use, after a recommendation by the Community Development Director.
26.425.030 Authorized conditional uses.
Only those uses authorized as a conditional use for each zone district in Chapter 26,710, may be
approved as a conditional use. The designation of a land use as a conditional use in a zone
district does not constitute an authorization of such land use or act as arl assurance that such land
use will be approved as a conditional use; rather, each proposed conditional use shall be
evaluated by the Plauning and Zoning Commission for compliance with the standards and
conditions set forth in this Chapter.
26.425.040 Application.
Ordinance No.5
Series of 2003,
Page 19
A development application for conditional use shall include the following:
A. The general application information required under Section 26.304.030,
B. A sketch plan showing the configuration of the development on the lot and those features
of the site which are relevant to the application,
C, A written description of the operational characteristics of the proposed conditional use,
D. If the application involves development of a new structure or expansion or exterior
remodeling of an existing structure, proposed elevations of the structure.
26.425.050 Procedure for Review.
A. General. A development application for Conditional Use shall be reviewed pursuant to
the following procedures and standards and the Common Development Review Procedures set
forth at Chapter 26.3 04.
B, Ste s Re uired: .One - Public hearin before Plannin and Zonin Commission
Purpose: To review a recommendation by the Community
Development Director and to determine if application for
Conditional Use meets the standards for a roval.
Notice requirements: Publication, posting, and mailing. (See
26.304,060 3 (a , , and c .)
Standards of review: 26.430,060 Review Standards for Conditional Use,
Planning and Zoning Resolution approving, approving with conditions, or
Commission action: disa rovin a Conditional Use.
26.425.060 Review Standards for Conditional Uses.
Development subject to conditional use review shall be approved, approved with conditions, or
denied by the Planning and Zoning Commission, pursuant to Section 26.425.050 Procedures for
Review, and the following criteria:
A) The conditional use is consistent with the purposes, goals, objectives and standards of the
Aspen Area Community Plan, with the purpose of the zone district in which it is
proposed to be located, and complies with all other applicable requirements of this Title.
B) The conditional use is consistent and compatible with the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or enhances
the mixture of complimentary uses and activities in the immediate vicinity of the parcel
proposed for development.
C) The location, size, design and operating characteristics of the proposed conditional use
minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular
Ordinance No, 5
Series of 2003.
Page 20
I
I
I
circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding
properties,
D) There are adequate public facilities and services to serve the conditional use including but
not limited to roads, potable water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services, drainage systems, and
schools,
E) The applicant shall gain growth management approval, pursuant to Chapter 26.470,
26.425.070 Conditions of Approval.
The Community Development Director may recommend, and the Planning and Zoning
Commission may impose such conditions on a conditional use that are: necessary to maintain the
integrity of the city's zone districts and to ensure the conditionalllse complies with the purposes
of the Aspen Area Community Plan, this Chapter, and this Title; is compatible with surrounding
land uses; and is served by adequate public facilities, This includes, but is not limited to
imposing conditions on size, bulk, location, open space, landscaping, buffering, lighting, signage,
off-street parking and other similar design features, the construction of public facilities to serve
the conditional use, and limitations on the operating characteristics, hours of operation, and
duration ofthe conditional use,
26.425.080 Amendments.
A. Insubstantial Amendment.
An insubstantial amendment to an approved development order for a Conditional Use may be
authorized by the Community Development Director if:
1, The change conforms to all other provisions of the Land Use Code,
2. The change does not include a physical or operational expansion of the conditional
use, the elimination of an element necessary for proper operation of the conditional
use, or any other significant change to the site, building, or operation.
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 effect on the project.
B. Other Amendments.
All other amendments to an approved development order for a Conditional Use shall be
reviewed pursuant to the terms and procedures ofthis Section,
Ordinance No, 5
Series of2003,
Page 21
Section 8:
Chapter 26.430, Special Review, which Chapter describes the procedures and limitations
of uses requiring special review pursuant to Title 26, shall read as follows:
Chapter 26.430
SPECIAL REVIEW
Sections:
26.430.010 Purpose.
26.430.020 Authority.
26.430.030 Applicability.
26.430.040 Application.
26.430.050 Procedure for special review.
26.430.060 Review standards for special review.
26.430.070 Conditions of Approval.
26.430.080 Amendments.
26.430.010 Purpose.
The purpose of special review is to ensure site specific revIew of certain dimensional
requirements, ,design standards, mitigation requirements, encroachments, or subdivision
standards, which are specifically authorized to be altered or amended by provisions of this Title
in order to maintain the integrity of the city's zone districts and the compatibility of the proposed
development with surrounding land uses,
26.430.020 Authority.
The Plarming and Zoning Commission, in accordance with the procedures, standards, and
limitations of this Chapter and of Common Development Review Procedures, Section 26.304,
shall by resolution approve, approve with conditions, or disapprove a development application
for special review, after recommendation by the Community Development Director,
26.430.030 Applicability.
Special review shall apply to all development in the City of Aspen designated for special review
by the following Chapters or Sections of this Title:
. Dimensional requirements (Chapter 26,710 - Zone Districts)
. Replacement ofnon-confonning structures (Chapter 26.312)
. Parking requirements (Chapter 26,515)
. Reductions in the dimensions of utility/trash service areas (Section 26.575,060)
. Subdivision Design Standards (Section 26.580,020)
. Accessory Dwelling Unit and Carriage House Design Standards (Section 26,520)
26.430.040 Application.
Ordinance No.5
Series of 2003,
Page 22
A development application for special review shall include the following:
A. The general application information required under Section 26.304,030,
B. A sketch plan showing the configuration of the development on the lot and those
features of the site which are relevant to the special review application,
C, An analysis of the characteristics of similarly situated properties in the same zone
district and of neighboring parcels with respect to whethe:r these properties comply
with the dimensional, off-street parking, or trash/utility service area requirement
which is subject to special review,
26.430.050 Procedure for Special Review.
A. General. A development application for special review shall be reviewed pursuant to the
following procedures and standards and the COmmon Development Review Procedures set forth
at Chapter 26.304,
Standards of review:
Planning and Zoning
Commission action:
before Plannin and Zoniin Commission
To review a recommendation by the Community
Development Director and to determine if application for
s ecial review meets the standards for a roval.
Publication, posting, and maIling. (See
26.304,060 E 3 a, , and c .
26.430,060 Review Standards for S ecial Review,
Resolution approving, approving with conditions, or
disa rovin as ecial review,
B.
Notice requirements:
26.430.060 Review Standards for Special Review.
Development subject to special review shall be approved, approved with conditions, or denied by
the Planning and Zoning Commission, pursuant to Section 26.430,050 Procedures for Special
Review, and the standards and limitations of each type of special review described below:
A. Dimensional Requirements. Whenever the dimensional requirements of a proposed
development are subject to special review, the development application shall be approved,
approved with conditions, or denied based on the following criteria:
I, The mass, height, density, configuration, amount of open space, landscaping and setbacks
of the proposed development are designed in a manner compatible with or enhancing the
character of surrounding land uses and is consistent with the purposes of the underlying
zone district
2. The applicant demonstrates that the proposed development will not have adverse impacts
on surrounding uses or will mitigate those impacts including, but not limited to, the
effects of shading, excess traffic, availability of parking in the neighborhood, or blocking
of a designated view plane,
Ordinance No, 5
Series of 2003,
Page 23
B. Replacement of non-conforming structures. ,Whenever a stmcture, or portion thereof,
which does not conform to the diIIl(:nsiQllf11, requirements of the zone district in which the
property is located is proposed to be replaced after demolition, the development application shall
be approved, approved with conditions, or denied based on the following criteria:
1. The proposed development shall comply with the conditions of Section 26.430.040(A)
above,
2, There exist special characteristics unique to the property differentiating the property from
other properties located in the same zone district.
3, No dimensional variations are increased and the replacement structure represents the
minimUlll variance that will make possible the reasonable use of the property.
4, Literal enforcement of the djmensiQnal, provisions of the zone district would cause
urmecessary hardship upon the owner by prohibiting reasonable use of the property,
C. Increase of free-market residential FAR without requirelrl increase of affordable
housing FAR located on same parcel for Historic Landmark buildings. Whenever an increase
in Free-market FAR is required to also include a certain increase in affordable housing FAR,
pursuant to Chapter 26,710 Zone Districts, the Planning and Zoning Commission shall approve,
approve with conditions, or deny a reduction of the on-site affordable housing requirement for
Historic Landmark buildings based on the following criteria:
1, A development application demonstrating compliance with thie on-site requirement shall
first be denied by the Historic Preservation Commission. D(mial of a conceptual HPC
application shall meet this requirement.
2, The Special Review shall be considered by the Planning and Zoning Commission and
shall not be combined with any other reviews, pursuant to Section 26.304,060(B),
3. The amount of floor area that would otherwise b(: deyeloped as affordable housing may
not developed as free-market housing,
4, The Planning and Zoning Commission shall accept either off-site affordable housing or a
cash-in-lieu payment commensUrate with the affordable housing that would otherwise be
required to be developed on-site.
5. The project shall remain subject to the requirements of Chapter 26.415, Development
involving the Inventory of Historic Site and Structures,
D. Off-Street Parking Requirements. Whenever a special review is conducted to establish,
vary, or waive the off-street parking requirements, it shall be considered in accordance with the
standards set forth at Chapter 26,515,
E. Commercial Parking Facility or Remote Parking Facility, Whenever a special review
is conducted to permit a commercial parking facility or remote parking facility it shall be
considered in accordance with the standards set forth at Chapter 26,515,
Ordinance No.5
Series of 2003,
Page 24
F. Utilitynrash Service Area. Whenever a special review is conducted to determin.e a
change in any utility/trash service area requirements, it shall be considered in accordance with the
standards set forth at Section 26.575,060.
G. Subdivision Design Standards, Whenever a special review is conducted to modify the
subdivision design standards of Section 26.580,020, the development shall be approved only if
the conditions set forth at Section 26.480,040(C) have been met.
H. Accessory Dwelling Unit or Carriage House Design Standards. Whenever a special
review is conducted to determine a change in the design standards' for a Accessory Dwelling Unit
or Carriage House, it shall be considered in accordance with the standards set forth at Section
26,520,080(D),
26.430.070 Conditions of Approval.
The Community Development Department Director may recommend, and the Planning and
Zoning Commission may impose, such conditions that are necessary to ensure a proposed
development subject to special review complies with the purposes of the Aspen Area Community
Plan, this Title, including conditions to ensure the integrity of the City's zone districts are
maintained, and the proposed use is compatible with surrounding land uses, This includes but is
not limited to imposing conditions on size, bulk, location, open space, landscaping, lighting,
signage, hours or operation, off-street parking, and other design or operational features.
26.430.080 Amendments.
A, Insubstantial Amendment. An insubstantial amendment to an approved special review
development order may be authorized by the Community Devellopment Director if:
1. The change conforms to all other provisions of the Land Use Code and does not
exceed approved dimensional variations, as applicable,
2, The change does not eliminate a necessary site feature, such as a trash compactor,
approved by special review,
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 effect on the project.
B, Other Amendment. Any other amendment shall be approved pursuant to the terms and
procedures of this Chapter.
Ordinance No, 5
Series of2003,
Page 25
Section 9:
Section 26.435,050(A), Applicability, which section regulates development within designated
mountain view planes, shall read as follows:
26.435.050 Mountain view plane review.
A. Applicability. The provisions of mountain view plane review shall apply to all
development located within the following established mountain view planes, unless exempted
pursuant to Section 26.435,050(B),
1, Wheeler Overa House View Plane, There is hereby established a view plane
originating from the southern fal(ade of the Wheeler Opera House southward to Aspen
Mountain within which corridor no land use or building shall project. The baseline
from which the view plane originates shall be the entire southern lot line of the parcel
on which the Wheeler exists - Lots P, Q, R and S, Block 81. The view corridor shall
consist of all space that exists between two radial planes, described as follows: The
easterly plane shall be a vertical plane passing through the southeast comer of Lot S,
Block 81, and the northeast comer of LotI, Block 82, The westerly plane shall be a
vertical plane passing through the southwest comer of Lot P, Block 81, and the
northwest comer of Lot A, Block 82,
Not included within the view corridor shall be all space that exists below a plane
originating from a height five (5) feet above the mean sidewalk level immediately
south of Lots P, Q, R, and S, Block 81 southward at an inclination rate of five (5)
degrees above horizontal; all space that exists north of a vertical plane established by
the southern boundary of Block 81; all space that exists west of a vertical plane
established by the western boundary of Block 82; all space that exists east of a
vertical plane established by the eastern boundary of Block 82; and, all space that
exists south of a vertical plane established by the northern boundary of Block 84, All
Blocks referenced are within the City and Townsite of Aspen.
2, Wa2'ner Park View Plane. There is hereby established :a view plane originating in
the north central part of Wagner Park above which plane no land use or building shall
project. The reference point bears N, 580 03' 11" E. 198,65 feet from the northwe~terly
comer of Block 83, Original Aspen Townsite; elevation ofthe reference point is 7,919,73
feet above mean sea leveL The view plane consists of a sector component more
particularly described as follows: All that space which is within the projection of a sector
of 90 46' 18" described by two (2) radial lines which bear S. 360 05' 49" E. and S, 450 52'
07" E. respectively from the reference point and above a plane which passes through the
reference point at an inclination of30 39' 10" above the hQrizontaL
Ordinance No, 5
Series of 2003,
Page 26
Section 10:
Chapter 26.470, Growth Management Quota System, which section regulates the quality,
quantity, rate, and impacts of all development within the City of Aspen, shall read as
follows:
Chapter 26.470
GROWTH MANAGEMENT QUOTA SYSTEM (GMQS)
Sections:
26.470.010 Purpose.
26.470.020 Applicability.
26.470.030 Aspen Metro Area Development Ceilings and Annual Allotments
26.470.040 Types of Developmellt and Associated Process
26.470.050 Calculations
26.470.060 Development Allotment and Application Review Procedures.
26.470.070 Reconstruction Limitations
26.470.080 Amendment of a Growth Management Development Order.
26.470.090 Appeals
26.470.010 Purpose.
The purposes of this Chapter are as follows,: (I) to implement the Aspen Area Community Plan's
goals and policies, in conjunction with the background research and stlldies conducted in support
of the Plan; (2) to ensure that new growth occurs in an orderly and efficient manner in the City of
Aspen; (3) to ensure sufficient public facilities to accommodate new growth and development;
(4) to ensure that new growth and development is designed and constructed to maintain the
character and ambiance of the City of Aspen; (5) to ensure an adequate supply of affordable
housing, businesses and events that serve the local, permanent community and the area's tourist
base; and (6) to ensure that growth does not over-extend the community's ability to provide
support services, including employee housing, traffic control and parking,
26.470.020 Applicability.
This Chapter shall apply to all development in the City of Aspen - Residential, Lodging,
Commercial, and Community Facilities, The "Growth Management Year," as the term is used in
this section, shall be from January 1 st to December 31 st, Specific land uses and development
activities are exempt from growth management For the purposes of this Chapter, the following
development categories have been established,
A. Residential- Free Market
Dwelling units intended exclusively for residential. purposes, not subj ect to any residency
requirements and not including hotels, lodging, or timeshare units. Units may be in the form of
single-family, duplex, multi-family, or part of a mixed-use structure, (See definition of
Residential Use, Dwelling,)
Ordinance No.5
Series of 2003,
Page 27
B. Residential- Affordable Housing
Dwelling units intended to house only local working residents and 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 stmcture, (See definition of
Affordable Housing.)
C. Commercial.
Buildings, or portions thereof, supporting office, retail, warehousing, manufacturing, commercial
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,) Commercial
uses shaH be aHocated on a net leasable square foot basis.
D. Lodging.
Buildings, or portions thereof, used to house a transient tourist population on a short-term basis,
including lodges, hotels, motels, bed and breakfasts, boarding houses, timeshare lodging, and
exempt timesharing, (See definition of Hotel.) Lodging units shaH be allocated on a unit basis,
For lodging projects with flexible unit configurations, also known as "lock-off units", each
separate "key", or potential rentable division, shaH constitute a unit far the purpases of this
Chapter.
E. Essential Public Facilities.
Facilities serving essential public purposes used by ar far the benefit of the general public and
serving the needs of the cammunity, (See definitian afEssential Public Facility,)
26.470.030 Aspen Metro Area Development Ceilings and Annual Allotmen,ts
A. General. As the primary implementatian tool far the Aspen Area Cammunity Plan
(AACP), the Growth Management Quata System (GMQS) is designed to' pramate many
abjectives, Despite its complexity, twO' averriding goals form its care: (1) to prahibit
develapment in excess af the AACP objective of a thirty thausand (30,000) peak population
(permanent and visitar); and (2) to ensure that the rate at which growth accurs daes nat exceed
the cammunity's ability to' cape with assaciated public facility and service demands and
accampanying changes to' cammunity character.
Aspen area residents have determined that the maximum average grawth rate that can be
accammadated withaut lang-term negative cansequences is twO' (2) percent per year, with the
exceptian af permanently affardable hausing and ladging facilities, The AACP supparts a
"critical mass" af permanent residents to' be haused and a grawth rate af mare than twO' (2)
percent far affardable hausing to' ensure a balance af resart andcommunity. The Ecanamic
Sustainability Cammittee, a jaint effart undertaken in 2002 between the City af Aspen, the
Aspen Institute Cammunity Forum, and the Aspen Chamber Resart Association, supparted, as
their number ane recammendatian, the redevelapment af existing ladging facilities and the
develapment af new ladging facilities to' caunteract the deteriarating and greatly decreased
ladging base, Therefare, the GMQS daes nat limit the annual grawth rate af affardable hausing
Ordinance NO', 5
Series af2003,
Page 28
and lodging facilities, while all other types of development shall be limited to a two (2) percent
annual growth rate,
For a variety of reasons, it is possible that the community's actual population growth might
exceed two (2) percent per year in some years, Previous GMQS approvals and in-lout-migration,
for example, can result in periods of construction activity and population growth that exceed the
planned average annual growth rate. Regardless of the rate at which growth actually occurs, it is
the intent ofthe GMQS that new approvals not exceed two (2) percent per year,
B. Existing Development.
The following tables describe the existing (as of January, 2003) amount of development in each
sector used as a "baseline" in establishing annual allotments and development ceilings,
1 Lodge unit square footage removed from total. Commercial space within lodge developments estimated through
City records,
2 Single ownership duplex and triplex units, 2 units per property ownership estimated,
3 Single ownership apartment buildings, Residence count reflects actual number of units recorded with Assessor.
Ordinance No, 5
Series of 2003,
Page 29
C. D~v~lopm~nt C~iling L~v~ls.
Based on the 2000 Aspen Area Community Plan goal of limiting the ultimate population in order
to preserve a quality of life for both residents and visitors, growth ceilings are hereby established
for each type of land use.
As part of the 2000 AACP, average monthly population was estimatled based on daily influent
flows of the Aspen Consolidated Sanitation District. .This <lata Was \Ise<lto(lstirga.te thea,cl1la.l
number of people in town including residents, tourists, and the workforce, A total population of
23,050 was estimated for the busiest month in 1998 - July, Based on this month as the peak
monthly population baseline, a total development ceiling to accommodate a total population of
30,000 represents a thirty (30) percent increase in development. Applied to each development
sector, development ceilings are established as follows:
4 A total of 1,608 residences within the City of Aspen are deed restricted affordable housing, Ofthese units, several
are considered tax-exempt and are not inCluded in the Assessor's counts, These \lIlit' are rental aff()rdable housing
owned by the City, APCHA, or tax exempt non-profit organizations, Therefore, only the non-exempt Units have
been subtracted from the Assessor's total residences,
5 The development ceiling for affordable housing is based on the 2000 AACP goal of providing an additional 800 to
1,300 affordable housing units, Five-hundred (500) affordable housing units have been completed and another sixty-
six (66) have been approved since adoption of the plan (as of January 2003), Although most of these units were
either approved, under construction, or occupied at the time of the plan adoption, they were recognized in the plan as
part of the overall housing need and represent progress towards the goaL Considering the completed units, the
affordable housing development ceiling has been established at 2,342 units, an incre"se of734 units,
6 The development ceiling for lodging is based on the "pillow count" of Stay Aspen Snowmass, This number peaked
in 1995, with 9,959 pillows in the Aspen inventory, The 1998 pillow count of8,583 was used to establish the
baseline, The pillow count, because it is more accurate than unit counts at the time of this ordinance, shall be used to
determine progress towards the development ceiling, Allocations, impact fees, mitigation requirements, etc, shall be
based on a per unit basis,
Ordinance No, 5
Series of 2003.
Page 30
The Community Development Director shall calculate the number of a llotments remaining under
established development ceilings as part of the year-end growt 1 summary, Under no
circumstances shall development be allowed in excess of the develo ment ceilings unless City
Council, pursuant to Section 26.470,090 Appeals, permits developmen in excess of the ceilings,
D. Annual Development Allotments.
The growth management quota system establishes annual developme It allotments available for
use by projects during each growth management year - January IS: to December 31st, The
number of development allotments available within a single groWt management year varies
based on the following factors:
(1) The type ofland use,
(2) The annual allotment and reserve allotment ayailablefor each land use.
(3) The number of allotments granted the previous ye ' and whether or not the
Planning and Zoning Commission permits an accumllla:ion from year to year,
(4) The number of multi-year allotments granted by City C )Uncil from future years,
(5) The number of allotments already granted in the curren growth year,
The Community Development Director shall calculate the developmen: allotments available for
each type ofland use as follows:
Where, the above terms are defined and established as follows:
Annual Standard Allotment. The annual standard allotm nt reflects approximately
eighty (80) percent of each year's potential growth within the City of Aspen, applied to
each type of land use, The Annual Standard Allotment ma ' be reduced if multi-year
allotments are granted by City Council. The following ann al standard allotments are
hereby established:
Develo ment T e
Residential - Free Market
Commercial
Residential- Affordable Housing
Lodging
Annual St mdard Allotment
60 units
22,500 net leasable square feet
No annual limit
No annual limit
Ordinance No, 5
Series of 2003,
Page 31
Annual Reserve Allotment. Approximately twenty (20) percent of each year's potential
growth is reserved for projects that are considered "exceptional" by the Planning and
Zoning Commission, pursuant to Section 26.470.040(C)(3), The Annual Reserve
Allotment may be reduced if multi-year allotments are granted by City CounciL The
following annual reserve allotments are hereby established:
Development Type
Residential- Free Market
Commercial
Annual Reserve Allotment
15 units
5,500 net leasable square feet
Allotment Roll-Over. At the conclusion of each growth management year, the Planning
and Zoning Commission shall determine the amount of unused allotments, for each type
of development, to remain available in the next year and assigl1 the unused allotment to
become part of the annual allotment or additional reserve allotment available for
"exceptional" projects, (See accounting procedure,) There is no limit, other than that
implemented by the Planning and Zoning Commission, on the amount of potential growth
that may remain available,
Unused Allotments. Allotments awarded to a project which does not proceed and which
are considered vacated by the property owner shall constitute unused allotments and shall
be considered for allotment roll-over by the Planning and Zoning Commission, pursuant
to the above section, 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 26.470,060(B)(4), Expiration of Growth Management Allotments,
E. Accounting Procedure
The Community Development Director shall maintain an ongoing account of available and used
growth management allocations and progress towards each development ceiling, Allotments
shall be considered allocated upon issuance of a development order for the proj ect. After the
conclusion of each growth management year, the Community Development Director shall
prepare a summary of growth allocations for the Planning and Zoning Commission,
The Planning and Zoning Commission, at their first regular meeting of the growth management
year, shall review, during a public hearing, the prior year's growth summary, consider a
recommendation from the Community Development Director, consider comments from the
geheral public, and shall, via adoption of a resolution, establish the number of unused allotments
to be carried fOrward and added to the Annual Standard Allotment and the Annual Reserve
Allotment. The Planning and Zoning Commission may carry forward any portion of the previous
year's allotment and assign any portion to the next year's Standard or Reserve Allotment. The
Planning and Zoning Commission shall also consider the remaining development allotments
within the Development Ceilings, established pursuant to Section 26.470,030(C), and shall
reduce the Annual Allotment by any amount that exceeds the Development Ceiling, The public
hearing shall be noticed by publication, pursuant to Section 26.304,060(E)(3)(a), The Planning
and Zoning Commission shall consider the following criteria in determining the allotments to be
carried forward:
Ordinance No. 5
Series of 2003,
Page 32
1. The goals and objectives of the Aspen Area Community Plan.
2, The community's growth rate over the preceding five-year period,
3. 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 and community character.
4, The expected impact from approved developments that have obtained allotments, but that
have not yet been built.
26.470.040 Types of Development and Associated Process
A. Exempt Development.
The following types of development shall be exempt from the growth management provisions of
this Chapter. Development exempt from growth management shall not be considered exempt
from other chapters of the Land Use Code and property owners should consult with the
Community Development Department.
1, Remodeling, restoration or expansion of existing single-family or duplex dwellings.
The remodeling, restoration, or expansion of existing single-family or duplex dwellings
shall be exempt from growth management.
2, Single-Family and Duplex Development on Historic Lamlmark Properties. The
development of one, or multiple, single~family residences or duplex residences on a
parcel of land designated as a Historic Landmark shall be exempt from growth
management. This exemption applies to the rehabilitation of <:xisting structures and the
development of new structures on Historic Landmark properties, provided all necessary
approvals are obtained, pursuant to Section 26.415, Development Involving the Inventory
of Historic Sites and Structures.
3, Relocation of Historic Structu.res. The relocation of a structure listed on the Aspen
Inventory of Historic Landmark Sites and StruCtures, permanently or temporarily, shall be
exempt from growth management, provided all necessary approvals are obtained,
pursuant to Section 26.415, Development Involving the Inventory of Historic Sites and
Structures.
4, Change-In-Use of Historic Structures. The change of use, between the use categories
identified in Section 26.470,020, of a property, structure, or portion of a structure
designated as a Historic Landmark that does not increase the building's existing net
leasable square footage shall be exempt from growth management, provided no more than
two free-market residences are created, provided the development conforms with the
requirements of the zone district, and provided all necessary approvals are obtained,
pursuant to Section 26.415, Development Involving the Inventory of Historic Sites and
Structures. Expansion of net leasable space may be approved pursuant to Section
Ordinance No, 5
Series of2003,
Page 33
26.470,040(B)(3), Enlargement of a Historic Landmark for commercial, lodge, or mixed-
use development.
5. Transferable Development Rights. The establishment and extinguishment of
Transferable Development Right Certificates shall be exempt fTom growth management
provided such certificates comply with Section 26.535, Transferable Development
Rights, Aspects of a proposed development plan requiring extinguishment of
Transferable Development Right Certificates shall be identified on the proposed
development plans and shall remain a development option exercisable at the time of
building permit issuance.
6, Remodeling, restoration, or reconstruction of existing commercial development.
Remodeling, restoration, and reconstruction after demolition of existing commercial
buildings shall be exempt from the provisions of growth management, such that no
additional net leasable square footage is created and there is no change-in-use, If
redevelopment of a commercial building involves an expansion of net leasable square
footage, only the replacement of existing net leasable square footage shall be exempt and
the expansion shall be subject to Section 26.470.040(B)(4), Expansion/New Commercial,
Lodge, or Mixed Use Development. Existing, prior to demolition, net leasable square
, footage shall be documented by the City of Aspen Zoning Officer prior to demolition,
Also see Reconstruction Limitations, Section 26.470,070. '
7, Remodeling, restoration, or reconstruction of existing lodge development. Remodeling,
restoration, and reconstruction after demolition of existing hotel and lodge buildings shall
be exempt from the provisions of this section, such that no additional lodge units are
created and there is no change-in-use, If redevelopment of a hotel or lodge involves an
expansion of lodge units, only the replacement of existing units shall be exempt and the
expansion shall be subject to Section 26.470,040(B)(4), Expansion/New Commercial,
Lodge, or Mixed Use Development. Existing, prior to demoliition, lodge units shall be
documented by the City of Aspen Zoning Officer prior to demolition, Also see
Reconstruction Limitations, Section 26.470,070,
8, Temporary Uses and Structures. The development of a temporary use or structure shall
be exempt from growth management, subject to the provisions of Section 26.450,
Temporary Uses,
9, Accessory Dwelling Units and Carriage Houses. The de:velopment of Accessory
Dwelling Units (ADUs) and Carriage Houses shall be exempt from growth management,
subject to the provisions of Section 26,520, Accessory Dwelling Units and Carriage
Houses,
10, Trellis Structures. The addition of a trellis structure to a commercial or lodging structure
shall be exempt from growth management provided: a) there is no expansion of floor
area; b) the trellis structure is not enclosed by walls, screens, windows or other
enclosures; and c) at least fifty (50) percent of the overhead structure is open to the sky.
Ordinance No, 5
Series of 2003.
Page 34
I
,
,
/!
11, Public Infrastructure. The development of public infrastructure such as roads, bridges,
waterways, utilities, and associated poles, wires, conduits, drains, hydrants, and items
considered Essential Services (see definition) shall be exempt from growth management.
Essential Public Facilities shall not be exempt and shall be reviewed pursuant to Section
26.470,040(C)(1), Essential Public Facilities.
B. Administrative Growth Management Review:
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 for each type of development described below, Except as noted, all
administrative growth management approvals shall be deducted from the respective Annual
Development Allotments and Development Ceiling Levels.
1. Replacement of demolished multi-family, residential units. Replacement after
demolition of multi-family residential units, subject to the requirements of the Multi-Family
Housing Replacement Program (See Chapter 2<5.530). Also see Reconstruction Limitations,
Section 26.470,070
2. Detached single-family or duplex dwelling units. The construction or replacement after
demolition of one or multiple detached residential units or a duplex dwelling or the conversion of
a single-family dwelling into multiple detached residential units or a duplex dwelling on a lot
that was subdivided or was a legally described parcel prior to November 14, 1977, that complies
with the provisions of Section 26.480,020(F), Aspen Townsite Lots, or on a lot created by a lot
split, pursuant to Section 26.480,060(C), shall be approved if all the following standards are met.
These units shall not be deducted from the respective Annual Development Allotments or
Development Ceiling Levels established pursuant to Section 26.470.030,
Sinflle-familv. In order to qualify for a single-family appro vall, the applicant shall have
five (5) options:
a, providing an above grade, detached Accessory Dwelling Unit (ADD) or a
Carriage House pursuant to Section 26.520, Accessory Dwelling Units and
Carriage Houses; or
b. Providing an Accessory Dwelling Unit, or a Carriage House, authorized through
Special Review to be attached andlor partially or fully subgrade, pursuant to
Section 26.520; or,
c, Providing and 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,
d, paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
Ordinance No, 5
Series of 2003,
Page 35
e, recording a resident-occupancy (RO) deed restriction on the single-family
dwelling unit being constructed,
Duvlex. In order to qualify for a duplex approval, the applicant shal1 have six (6) options:
a. Providing one free market dwelling unit and one deed restricted Resident-
Occupied (RO) dwelling unit with a minimum floor area of one thousand five
hundred (1,500) square feet; or,
b, providing either two above grade, detached Accessory Dwel1ing Units or Carriage
Houses (or one of each), or one above grade, detached ADU or Carriage House
with a minimum floor area of six hundred (600) net livable square feet, pursuant
to Section 26.520; or,
c. Providing either two Accessory Dwelling Units or Carriage Houses (or one of
each) or one ADU or Carnage House with a minimum of 600 net livable square
feet authorized through Special Review to be attached and/or partial1y or ful1y
subgrade, pursuant to Section 26.520; or,
d. Providing an off-site Affordable Housing Unit within the Aspen Infil1 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,
e, Providing two deed restricted Resident-Occupied (RO) dwelling units; or
f. Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended,
3. Enlargement of a Historic Landmark for commercial; lodge, or mixed-use
development. The enlargement of a historic landmark building for commercial, lodge, or mixed-
use development shal1 be approved, approved with conditions, or denied by the Community
Development Director based on the fol1owing criteria:
a) Sufficient growth management al10tments are available to accommodate the
expansion or conversion, pursuant to Section 26.470,030(D), Annual Development
Al1otments,
b) Employees generated by the additional net leasable square footage shal1 not require
the provision of affordable housing, Any affordable housing units provided shal1 be
approved pursuant to Section 26.470.040(B)(6), Affordable Housing,
c) Free-Market residential floor area on the parcel is less than or equal to the affordable
housing floor area located on the same parcel, unless otherwise permitted or restricted
in the zone district or as set forth in an approved site-specific development plan, The
free-market unite s) may be developed in any configuration.
d) The project complies with al1 other provisions of the Land Use Code and has obtained
al1 necessary approvals from the Historic Preservation Commission, the Planning and
Zoning Commission, and the City CounciL'
Ordinance No, 5
Series of2003,
Page 36
e) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services,
4. Expansion/New Commercial, Lodge, or Mixed Use Development, The expansion of an
existing commercial, lodge, or mixed-use building or the development of a new commercial,
lodge, or mixed-use building shall be approved, approved with conditions, or denied by the
Community Development Director based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion, pursuant to Section 26.470.030(D), Annual Development Allotments.
b) Sixty (60) percent of the employees generated by the additional net leasable square
footage, according Section 26.470.050(A) Employee Generation Rates, are mitigated
through the provision of affordable housing or cash-in-lieu thereof in a manner
acceptable to the Aspen/Pitkin County Housing Authority. Any affordable housing
units provided shall be approved pursuant to Section 26.470,040(B)(6), Affordable
Housing, Provision of affordable housing mitigation units outside of the City of
Aspen shall be approved pursuant to Section 26.470,040(C)(4), Provision of
affordable housing via a cash-in-lieu payment shall be approved pursuant to Section
26.470,040(C)(5),
c) Free-Market residential floor area on the parcel is less than or equal to the affordable
housing floor area located on the same parcel, unless otherwise permitted or restricted
in the zone district or as set forth in an approved site-specific development plan. The
free-market unites) may be developed in any configuration,
d) 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.
'e) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is !lot limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services,
5. Alley Store. The expansion or conversion of an existing commercial or mixed-use
building 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:
a) Sufficient growth management allotments are available to accommodate the
expansion, pursuant to Section 26.470.030(D), Annual Development Allotments,
b) The building shall be located in a commercial zone district. The alley commercial
space, or spaces, shall be no greater than five-hundred (500) square feet per space
Ordinance No, 5
Series of 2003,
Page 37
including storage and non-leasable space, shall have no internal connection to any
other space, and shall front entirely on an alleyway with no access or fenestration
along a primary street. Proposals not meeting this requirement shall be reviewed
pursuant to 26.470,040(B)(4), Expansion/New Commercial, Lodge, or Mixed Use
Development. Multiple spaces may be created,
c) A space no greater than five-lmn.dred (500) square feet shall not require the provision
of affordable housing, Any affordable housing units provided shall be approved
pursuant to Section 26.470,040(B)(6), Affordable Housing,
d) 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.
e) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services,
6. Change in use. A change in use, of an existing structure, or portions of an existing
structure, between the use categories identified in Section 26.4}0.020, (irrespective of direction)
for which a Certificate of Oqcupancy has been issued for at least two (2) years and which is
intended to be reused, shall be approved, approved with conditions, or denied by the Community
Development Director based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the change-
in-use, pursuant to Section 26.470.030(D), Annual Development Allotments,
b) Sixty (60) percent of the employees generated by the additional net leasable square
footage, according Section 26.470,050(A) Employee Generation Rates, are mitigated
through the provision of affordable housing or cash-in-lieu thereof in a manner
acceptable to the Aspen/Pitkin County Housing Authority, Any affordable housing
units provided shall be approved pursuant to Section 26.470,040(B)(6), Affordable
Housing.
c) No more than one (I) free-market residential unit is created through the change-in-
use,
d) Free-Market residential floor area on the parcel is less than or equal to the affordable
housing floor area located on the same parcel, unless otherwise permitted or restricted
in the zone district or as set forth in an approved site-specific development plan, The
free-market unites) may be developed in any configuration.
e) 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.
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Ordinance No, 5
Series of 2003,
Page 38
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services,
7. 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
following criteria:
a) Sufficient growth management allotments are available to accommodate the new
units, pursuant to Section 26.470,030(C), Development Ceiling Levels,
b) Subdivision approval has been granted, pursuant to Chapter 26.480 - Subdivision, A
subdivision application, when necessary, shall be reviewed concurrently,
c) The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority,
d) The proposed units shall be deed restricted as "for sale" units, In the, alternative,
rental units may be provided if a legal instrument, in a form acceptable to the City
Attorney, ensures permanent affordability of the units,
8. Residential Development - 60 Percent Affordable. The development of a residential
project in which sixty (60) percent of the units and forty-five (45) percent of the project 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:
a) Sufficient growth management allotments are available to accommodate the uses,
pursuant to Section 26.470,030(D), Annual Development Allotments,
b) Subdivision approval has been granted, pursuant to Chapter 26.480 - Subdivision. A
subdivision application, when necessary, shall be reviewed concurrently,
c) Sixty (60) percent of the total units and forty-five (45) percent of the project's Floor
Area shall be affordable housing provided in a manner acceptable to the Aspen/Pitkin
County Housing Authority. Any affordable housing units provided shall be approved
pursuant to Section 26.470,040(B)(6), Affordable Housing.
d) 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
e) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
Ordinance No, 5
Series of 2003,
Page 39
9. Residential Development - 70 Percent Affordable. The development of a residential
project in which seventy (70) percent of the project's units and seventy (70) percent of the
project's 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:
a) Sufficient growth management allotments are available to accommodate the uses,
pursuant to Section 26.470,030(D), Annual Development Allotments,
b) Subdivision approval has been granted, pursuant to Chapter 26.480 - Subdivision, A
subdivision application, when necessary, shall be reviewed concurrently.
c) Seventy (70) percent of the total units and total bedrooms shall be affordable housing
provided in a manner acceptable to the Aspen/Pitkin County Housing Authority, Any
affordable housing units provided shall be approv~:d pursuant to Section
26.470,040(B)(6), Affordable Housing,
d) 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
e) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services,
C. Planning and Zoning Commission Review
The following types of development shall be approved, approved with conditions, or denied by
the Planning and Zoning Commission, pursuant to Section 26.470,060, Procedures for Review,
and the criteria for each type of development described below, Except as noted, all Planning and
Zoning Commission growth management approvals shall be deducted from the respective
Annual Development Allotments and Development Ceiling Levels,
1. Essential Public Facilities, The development of an Essential Public Facility shall be
approved, approved with conditions, or denied by the Planning and Zoning Commission based on
the following criteria:
a) The Community Development Director has determined the use and/or structure to be
an Essential Public Facility, (See definition.)
b) Sufficient growth management allotments are available to accommodate the uses,
pursuant to Section 26.470.030(D), Annual Development Allotments,
c) The proposed development is consistent with the Aspen Area Community Plan,
d) Sixty (60) percent of the employees expected to be generated by the project are
mitigated through the provision of affordable housing or cash-in-lieu thereof in a
manner acceptable to the Planning and Zoning Commission, A recommendation from
Ordinance No, 5
Series of2003,
Page 40
the AspenlPitkin County Housing Authority shall be considered. The Employee
Generation Rates may be used as a guideline but each operation shall be analyzed for
'its unique employee needs, The Plarining and Zoning Commission may waive, or
partially waive, affordable housing mitigation requirements as is deemed appropriate
and warranted.
e) Free-Market residential floor area on the parcel is less than or equal to the affordable
housing floor area located on the same parcel, unless otherwise permitted or restricted
in the zone district or as set forth in an approved site-specific development plan, The
Planning and Zoning Commission may waive, or partially waive, this requirement as
is deemed appropriate and warranted,
f) The project complies with all other provisions of the Land Use Code and has obtained
all necessary approvals from the Historic Preservation Conunission, the Planning and
Zoning Commission, and the City Council.
g) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvements proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy an.d communication utilities, drainage control, fire ,md police protection, solid
waste disposal, parking, and road and transit services,
2. Single-Family or Duple;,: Development. The construction of one or multiple detached
residential units ora duplex dwelling or the conversion of a single-family dwelling into multiple
detached residential units or a duplex dwelling on a single lot that does not qualify for an
Administrative Approval, pursuant to Section 26.470.040(B), or when the applicant chooses not
to seek such Administrative Approval, shall be approved, approved with conditions, or denied by
the Planning and Zoning Commission based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the uses,
pursuant to Section 26.470.030(D), Annual Development Allotments,
b) The proposed development is consistent with the Aspen Area Community Plan,
c) Sufficient, as determined by the Planning and Zoning Commission, employee housing
or cash-in-lieu thereof shall be provided to ensure a healthy balance of affordable and
free-market housing in the community. The affordable housing or cash-in-lieu thereof
shall be provided in a manner acceptable to the Planning and Zoning Commission,
upon a recommendation from the AspenlPitkin County Housing Authority. Any
affordable housing units provided shall be approved pursuant to Section
26.470.040(B)(6), Affordable Housing, Provision of affordable housing mitigation
units outside of the City of Aspen shall be approved pursuant to Section
26.470.040(C)(4), Provision of affordable housing via a cash-in-lieu payment shall
be approved pursuant to Section 26.470,040(C)(5),
d) The proposed development is compatible with the charact,er of the existing land uses
in the surrounding area and the purpose of the underlying zone district;
Ordinance No, 5
Series 01'2003,
Page 41
e) 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.
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvements proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services,
3. Conversion of Residentiallleconstruction Credits to Lodging Units. The conversion of
redevelopment credits derived from the demolition of residential dwelling units, pursuant to
Section 26.470,040(B)(I) and (2) to lodge units shall be approved, approved with conditions, or
denied by the Planning and Zoning Commission based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the uses,
pursuant to Section 26.470,030(D), Annual Development Allotments.
b) The proposed development is consistent with the Aspen Area Community Plan,
c) Residential dwelling unit construction credits shall be converted to lodge units at a
rate of three (3) lodge units per each one residential unit;
d) Development shall comply with Section 26.470,070, Reconstruction Limitations,
e) Sixty (60) percent of the employees generated by the lodging units, according Section
26.470,050(A) Employee Generation Rates, are mitigated through the provision of
affordable housing or cash-in-lieu thereof in a manner acceptable to the AspenlPitkin
County Housing Authority, Any affordable housing units provided shall be approved
pursuant to Section 26.470.040(B)(6), Affordable Housing.
f) The proposed development is compatible with the character of the existing land uses
in the surrounding area and the purpose of the underlying zone district.
g) 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.
h) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvements proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
4. "Exceptional" Projects. The growth management quota system, pursuant to Section
26.470.030(0), reserves approximately twenty (20) percent of each year's potential growth as
Reserve allotments. The Planning and Zoning Commission may grant these Annual Reserve
Allotments to projects considered "exceptional." Exceptional projects shall be approved,
approved with conditions, or denied by the Planning and Zoning Commission based on the
following criteria:
Ordinance No, 5
Series of 2003,
Page 42
a) Sufficient reserve growth management allotments are available to accommodate the
,expansion or conversion, pursuant to Section 26.470,030(D), Annual Development
Allotments,
b) The proposed project advances the visions, goals or specific action items of the Aspen
Area Community Plan.
c) The proposal exceeds the minimum affordable housing required for a standard
project.
d) The proposed proj ect represents an excellent historic preservation accomplishment.
A recommendation from the Historic Preservation Officer shall be considered for this
standard,
e) The proposal furthers affordable housing goals by providing units established as
priority through the current Guidelines of the Aspen/Pitkin County Housing
Authority, and provides a desirable mix of affordable unit types, economic levels, and
lifestyles (e,g., singles, seniors and families), A recommendation from the
AspenlPiktin County Housing Authority shall be considered for this standard,
f) The proposal minimizes impacts on public infrastructure by incorporating innovative,
energy-saving techniques.
g) The proposal minimizes construction impacts to the extent practicable both during
and after construction,
h) The proposal maximizes potential public transit usage and minimizes reliance on the
automobile.
i) The proposal exceeds minimum requirements of the Effieient Building Code or for
LEEDS certification, as applicable, A recommendation from the Building Department
shall be considered for this standard,
j) The proposal promotes sustainability of the local economy,
k) The proposal represents a desirable site plan and architectural design solution,
i) The proposed development is compatible with the character of the existing land uses
in the surrounding area and the purpose of the underlying zone district.
j) The project complies with all other provisions of the Land Use Coqe,and has obtained
all necessary approvals from the Historic Preservation Commission, the Planning and
Zoning Commission, and the City Council.
5. Provision of Required Affordable Housing Units Outside City Limits. The provision of
affordable housing, as required by Section 26.470, Growth Management, with units to be located
outside the City of Aspen boundary shall be approved, approved with conditions, or denied by
the Planning and Zoning Commission based on the following criteria:
a) The proposal promotes the Goals and Objectives of the Aspen Area Community Plan,
Ordinance No, 5
Series of2003,
Page 43
b) The off-site housing is within the Aspen Urban Growth Boundary or within an
acceptable proximity of the City of Aspen considering existing transportation
infrastructure,
c) The proposal furthers affordable housing goals by providing units established as
priority through the current Guidelines of the Aspen/Pitkin County Housing
Authority, and provides a desirable mix of affordable unit types, economic levels, and
lifestyles (e.g" singles, seniors and families). A recommendation from the
Aspen/Piktin County Housing Authority shall be considered for this standard,
d) The applicant has received all necessary approvals from the governing body with
jurisdiction of the off-site parcel.
6. Provision of Required Affordable Housing via a Cash-In-Lieu Payment. The provision
of affordable housing, as required by Section 26.470, Growth Management, via a cash-in-lieu
payment shall be approved, approved with conditions, or denied by the Planning and Zoning
Commission based on the following criteria:
a) The proposal promotes the Goals and Objectives of the Aspen Area Community Plan,
b) The proposal furthers affordable housing goals and the cash-in-lieu payment will
result in the near-term production of affordable units, A recommendation from the
Aspen/Piktin County Housing Authority shall be considered for this standard.
D. City Council Review
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 City Council growth
management approvals shall be deducted from the respective Annual Development Allotments
and DevelopmentCeiling Levels,
1. 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:
a) The proposed development is considered "exceptional" according to the standards
of Section 26.470,040(C)(3),
b) The Community Development Director shall be directed to reduce the applicable
Annual Development Allotments, as provided in Section 26.470.030(D), in
subsequent year( s) as determined appropriate by the City Council.
26.470.050 Calculations
A. Employee Generation and Mitigation
Whenever employee housing or cash-in-lieu is required to mitigat,: for additional employees
generated by a commercial or lodging development, there shall be an analysis and credit for
Ordinance No, 5
Series of 2003,
Page 44
employee generation of the existing project, prior to redevelopment, and an employee generation
analysis of the proposed development. The employee housing requirement shall be based upon
the incremental employee generation difference between the existing development and the
proposed development.
1. Employee Generation Rate Schedule:
The following employee generation rates are the result of the Employee Generation
Study, an analysis sponsored by the City of Aspen during the Summer and Fall of 2002
considering the actual employment requirements of over one-hundred (100) Aspen
businesses, This study is available at the Community Development Department.
Employee generation is quantified as full time equivalents (FTEs) per one-thousand
(1,000) square feet of net leasable space,
This Employee Generation Rate Schedule shall be used to determine employee generation
of projects within the City of Aspen. Each use within a mixed-use building shall require
a separate calculation to be added to the total for the project. 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,
Applicants may request an Employee Generation Review with the Planning and Zoning
Commission, pursuant to Section 26.470.060, Procedures for Review, and according to
the following criteria, All essential public facilities shall be reviewed by the Planning and
Zoning Commission to determine employee generation, In establishing employee
generation, the Planning and Zoning Commission shall conside:r the following:
a) The expected employee generation of the use considering the employment
generation pattern of the use, or of a similar use within Aspen,
b) Any unique employment characteristics of the operation.
Ordinance NO.5
Series of 2003,
Page 45
c) The extent to which employees of various uses within a mixed-use building, or of
a related off-site operation, will overlap or serve multipk functions,
d) A proposed restriction on the type of business, requiring full employee generation
mitigation upon vacation of the type of business, is acceptable to the Planning and
Zoning Commission,
2. Employees Housed.
Whenever a project provides residential units on- or off-site to satisfy affordable housing
requirements of this section, the following schedule shall be used to determine the
number of employees housed by such units:
3. Employee Housing Cash-In-Lieu Payment.
Whenever a project provides employee housing via a cash-in-1ieu payment, in part or in
total, the amount of the payment shall be in accordance with the applicable provisions of
the AspenJPitkin County Housing Authority Guidelines, as amended,
4. On-Site Housing Serves Multiple Affordable Housing Requirements.
Whenever affordable housing is provided on-site (with actual units) in order to satisfy one
requirement, the same on-site affordable housing may also be used to satisfy any other
affordable housing requirement concurrently, so long as each individual requirement is
met. For example: A mixed-use project may require affordable housing to mitigate an
increase in employee generation, to mitigate the replacement of multi-family units, and
have a zoning requirement for on-site affordable housing commensurate with on-site free-
market housing. In this case, providing on-site affordable housing shall satisfY all three
requirements concurrently,
Whenever required affordable housing is provided by means other than on-site provision,
such housing, or payment-in-lieu thereof, shall accrue consecutively to individual
requirements and shall not serve requirements concurrently.
26.470.060 Development Allotment and Application Review Procedures.
Ordinance No, 5
Series of2003,
Page 46
A. GeneraL
1. Number of Develovment Avvlications, No more than one development application for
growth management allotments on anyone parcel shall bfO considered concurrently.
To submit a new application, any active growth management application for the same
property must be vacated.
2, Number of Growth ManalZement Allocations, No more than one project shall be
entitled to growth management allotments ori anyone parcel concurrently. In order to
entitle a different proj ect on the same parcel, growth allotments must be vacated and
re-obtained, (Also see, amendment of a growth management approval, Section
26.470,080,)
3, No "roll-over" of Growth ManalZemeht Avvlications, Applications shall only be
eligible for growth allotments within the growth management year in which they are
submitted and shall not automatically become eligible fi)r future year allotments.
Applications must be resubmitted in order to be eligible for the next year's allotments.
4. HPC Final Avvroval, Whenever Historic Preservation Commission approval is
needed for a proposed project, the Historic Preservation Commission's final approval
must be secured prior to submitting an application for a growth management
allotment.
5. PUD Final Avvroval, Projects requiring approval of a Planned Unit Development
Plan, pursuant to section 26.445, Planned Unit Development, must first obtain Final
PUD approval prior to submitting an application for a growth management allotment.
Final PUD applications requiring subdivision may be authorized for combined review
pursuant to Section 26.304,060(B)(1).
6, DesilZn Review prior to Growth ManalZement, Commercial and Lodging projects
shall obtain Commercial Design Review approval, pursuant to Section 26.412., prior
to submitting an application for growth management allotment. Residential projects
shall obtain Residential Design Standards approval, pursuant to Section 26.410, prior
to submitting an application for growth management allotment.
7, Subdivision Review Concurrent with Growth ManalZement, Subdivision review, as
necessary, shall be reviewed concurrently with an appliCa.tion for groWth management
review, The application shall automatically be combined pursuant to Section
26.304.060(B)(1 ).
8. Other Reauired Land Use Reviews, Growth management applications shall only be
accepted upon completion of all other required land use reviews,
9, Consolidated Avvlications, Unless otherwise provided hl~rein, growth management
applications shall not be combined with other revi(~ws, pursuant to section
26.304,060.
10, Non-AssilZnabilitv 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,
Ordinance No.5
Series of2003.
Page 47
B. Application and Allocation Procedures
1, Application Submission, An application for growth management may be
submitted to the Community Development Director at any time of the year, Applications
shall only be submitted within the growth management year in which allocations are
requested, unless the application requests future development allotments pursuant to
Section 26.470,040(D)(1). All applications submitted on the same day shall be construed
to have been submitted at the same tillleap<:ta rapgolll<lp,,:iIlg shall be held to determine
the order in which allocations shall be granted. Applications shall maintain their cue
position regardless of required processes to complete the growth management review,
2, Procedures for Review, The following procedures shall apply to all growth
management applications:
a. Community Development Director Review, Applications for Administrative
Review shall be submitted to the Community Development Director who shall
review the application for completeness, refer the application to all appropriate
City staff and referral agencies, ,and thereafter determine, based on the appropriate
standards, if the application shall be approved, approved with conditions, or
disapproved. The Community Development Director may, at his/her own
discretion, refer the application to the Planning and Zoning Commission for their
input. Various referral agencies may hold their own public hearings,
b. Planning and Zoning Commission Review. Applications for Planning and
Zoning Commission Review shall be submitted to the Community Development
Director who shall follow the same procedures noted above and forward a
recommendation, based on the applicable standards, that the application be
approved, approved with conditions, or disapproved, The Planning and Zoning
Commission shall review the application and the recommendation of the
Community Development Director during a public hearing according to the
applicable standards and, by resolution, approve, approve with conditions, or
disapprove the application, Notice of the hearing shall be by publication, posting,
and mailing, pursuant to Section 26.304,060(E),
c, City Council Review, Applications for City Council Review shall be submitted to
the Community Development Director who shall fo!llow the same procedures
noted above and forward a recommendation, based on 1he applicable standards, to
the Planning and Zoning Commission that the application be approved, approved
with conditions, or disapproved, The Planning and Zoning Commission shall
review the application during a public hearing according to the applicable
standards and, by resolution, recommend to City Council that the application be
approved, approved with conditions, or disapproved. Notice of the hearing shall
be by publication, posting, and mailing, pursuant to Section 26.304.060(E).
City Council shall review the application, the recommendation of the Planning
and Zoning Commission, and the recommendation of the Community
Ordinance No, 5
Series of 2003,
Page 48
Development Director during a public hearing according to the applicable
standards and, by resolution, approve, approve with conditions, or disapprove the
application. Notice of the hearing shall be by publication, posting, and mailing,
pursuant to Section 26.304,060(E),
3. Allocation, Development allotments shall be allocated on a first-come-first-served
basis, not to exceed the available development allotments for standard and reserve
development, respectively, Proj ects requiring allotments in excess of the available
development allotment shall be denied and the allotments, shall becOlne available to the
next eligible application,
Following approval or approval with conditions, pursuant to the above procedures for
r~view, the Community Development Director shall issue a development order pursuant
to Section 26.304.070, Development Orders, provided that any change required by the
approving body shall be reflected, 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,
4. Exoiration of Growth Manazement Allotments: Growth allotments granted
pursuant to this section shall expire on the day after the third anniversary of the effective
date of the development order, 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 apply for new allotments,
C. Applicat;(Jn Contents.
Applications for growth management shall include the following:
I, The general application information required in Common Procedures, Section 26.304,
2, A Site Improvement Survey depicting:
a) Existing natural and man-made site features,
b) All legal easements and restrictions,
c) All requirements for Improvement Surveys outlined ill the current City Engineering
Department regulations.
3, A description of the project and the number and type of requested growth management
allotments,
4, A detailed description and site plan of the proposed development including proposed land
uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open
space areas, infrastructure improvements, site drainage arld any associated off-site
improvements,
5, A description of the proposed affordable housing and how it provides adequate mitigation
for the project and conforms to the Guidelines of the AspenlPitkin County Housing
Authority,
6, A statement as to how the application should be considered "exceptional" if reserve
allotments are being requested.
Ordinance No, 5Series of2003,
Page 49
7, A statement specifying the public facilities that will be needed to accommodate the
proposed development, proposed infrastructllre improvements, and the specific
assuranCes will be made to ensure the public facilities will be available to accommodate
the proposed development.
8. A written response to each of the Review Criteria contained in Section 26.470,040
according to the specific type of review,
9. Copies of required approvals from the Planning and Zoning Commission, Historic
Preservation Commission, and the City Council, as necessary.
26.470.070 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 anniversary of the issuance date of the demolition
permit. City Council may extend this deadline by 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 of Aspen
Zoning Officer in order to document reconstruction rights, An appli,;ant's failure to accurately
document existing conditions prior to demolition and verify reconstruction rights with the City of
Aspen 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 Section 26.312, Nonconformities, and Section 26,710, Zone
Districts,
D, Any building that is demolished shall be limited to reconstruction on the same parcel, on
a contiguous parcel owned by the applicant, or on a non-contiguous parcel within the same POD
when authorized pursuant to Section 26.445, Planned Unit Development.
26.470.080 Amendment of a Growth Management Development Order.
A. Insubstantial Amendm,ent., An insubstaJ"ltialameI141'11ent!() .,aJ"l, approved growth
management development order may be authorized by the Community Development Director if:
L The change conforms to all other provisions of the Land Use Code and does not exceed
approved variations to the Residential Design Standards or Commercial Design Review,
as applicable.
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.
Ordinance No, 5
Series of 2003,
Page 50
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 effect on the conditions and representations made during the original project review,
B. Substantial Amendmeflt. 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 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,
26.470.090
Appeals.
A. Appeal of adverse determination by the Community Development Director. An
applicant aggrieved by a determination made by the Community Development Director on an
application for administrative review shall be to the Plarming 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. The
decision of the Plarming and Zoning Commission shall constitute the final administrative action
on the matter.
B. Appeal of adverse determination by the Planning and Zoning Commission. An
applicant aggrieved by a determination made by the Plarming and Zoning Commission on an
application for Plarming and Zoning Commission Review shall be to the City Council. The
appeal procedures set forth at Chapter 26,316 shall apply, The City Council may reverse, affirm,
or modify the decision or determination of the Planning and Zoning Commission based upon the
application submitted to the Plarming and Zoning Commission and the record established by the
Commission's review, The decision of the City Council shall constitute the final administrative
action on the matter.
C. Insufficient Development Allotments, Any property owner within the City of Aspen
who is prevented from developing a property because that year's development allotments, both
standard and reserve, have been entirely allocated may appeal to the City Council for
development approval. The appeal procedures set forth at Chapter 26.316 shall apply. City
Council may take any such action determined necessary including, but not limited to, making a
one-time increase of the Standard or Reserve allotment sufficient to accommodate the
application.
Ordinance No, 5
Series of2003,
Page 51
Section 11:
Chapter 26.480, Subdivision, which section authorizes and regulates the division ofland
within the City of Aspen, shall read as follows:
Chapter 26.480
SUBDIVISION
Sections:
26.480.010 Purpose.
26.480.020 Applicability and prohibitions.
26.480.030 Procednres for review.
26.480.040 General Subdivision Review Standards
26.480.050 Administrative Subdivision Review standards.
26.480.060 Minor Subdivision Review standards.
26.480.070 Major Subdivision Review standards.
26.480.080 Recording a Subdivision Plat and Agreement.
26.480.090 Application Materials.
26.480.100 Amendment to subdivision development order.
26.480.110 Appeals
26.480.010 Purpose.
The purpose of this Chapter is to:, (a) assist in the orderly and efficient development of the City;
(b) ensure the proper distribution of development; (c) encourage the well-planned subdivision of
land by establishing standards for the design of a subdivision; (d) improve land records and
survey monuments by establishing standards for surveys and plats; (e) coordinate the
construction of public facilities with the need for public facilities; (f) safeguard the interests of
the public and the subdivider and provide consumer protection for the purchaser; (g) acquire and
ensure the maintenance of public open spaces and parks; (h) provide procedures so that
development encourages the preservation of important and unique natural or scenic features,
including but not limited to mature trees or indigenous vegetation, bluffs, hillsides or similar
geologic features, or edges of rivers and other bodies of water; and (i) promote the health, safety
and general welfare of the residents of the City of Aspen,
26.480.020 Applicability and Prohibitions.
This Chapter shall apply to the subdivision of all land in the City of Aspen, (See definition of
Subdivision.)
A. General prohibitions.
1, It shall be unlawful for any person to develop, lease, or sell arty parcel of land, including
any separate interest in a parcel of land (including leasehold interest or condominium
interest) in the City of Aspen until it has been subdivided and a plat recorded in the office
ofthe Pitkin County Clerk and Recorder pursuant to the terms of this Chapter.
Ordinance No.5
Series of 2003,
Page 52
2, A written agreement to sell or lease an interest in a parcel of land which is expressly
conditioned upon full compliance by the seller with this Chapter within a specified period
of time, and which expressly recites that seller's failure to satisfy such condition within
said period of time shall terminate the agreement and entitle the buyer to the prompt
return of all consideration paid by the buyer, shall not constitute a violation of this
Chapter.
B. Development allotment. No development order for a subdivision shall be approved
pursuant to the provisions of this Chapter unless the applicant has be(m awarded a development
allotment pursuant to, or is exempt from the provisions of, Chapter 26.470, Growth Management
Quota System, Subdivisions ofland zoned Affordable Housing Planned Unit Development (AH-
POO) are exempt from this prohibition,
C. Prohibited conveyances. No interest in a parcel of land shall be transferred, conveyed,
sold, subdivided, acquired, or separated from or combined with another parcel without
subdivision approval, pursuant to this Chapter. The lot lines established in a subdivision shall not
be altered by conveyance of a part of a lot, nor shall any part of a lot be joined with a part of any
other lot without subdivision approval, pursuant to this Chapter. A conveyance shall not create
or extend a nonconformity. Conveyances intended to avoid or circumvent any provision of this
Chapter shall be prohibited.
D. Structures shall not span subdivision lots. All structures shall be located on a
subdivision lot. Structures may not span two or more lots unless saidllots have been merged or
otherwise combined pursuant to this Chapter.
E. Merging lots shall require subdivision approval. Lots shall not be considered merged, or
otherwise legally combined, by a structure spanning the boundary line and shall continue to be
separate ownership interests unless combined pursuant to this Chapter. Merging lots shall
require subdivision approvaL
F. Aspen Townsite lots. If two (2) or more lots within the Oliginal Aspen Townsite or
additions thereto had continuous frontage and were in single ownership (including husband and
wife) on October 27, 1975, the lots shall be considered an undivided lot for the purposes of this
Title, and conveyance of any portion shall constitute subdivision. An Aspen Townsite lot or
addition thereto includes all lands depicted on the Aspen incorporation plat of record, dated
1880, plus any lot or parcel annexed to the city since that time which constitutes a
nonconforming lot of record, plus any lot or parcel which has not received subdivision approval
by the City of Aspen or Pitkin County, but excludes any subdivided lot in the City of Aspen
which conforms to the requirements of this Title,
26.480.030, Procedures for Review.
A development application for a subdivision approval shall be reviewed pursuant to the
following procedures and standards and the Common Development Review Procedures set forth
Ordinance No, 5
Series of2003,
Page 53
at Chapter 26.304. According to the type of subdivision requested, the following steps are
necessary,
A. Administrative Subdivisions. The ColTIIIlunity Development Director shall approve,
approve with conditions, or deny the application, based on the standards of review
identified in Section 26.480,050, Administrative Subdivisions,
B, Minor Subdivisions. The City Council, during a duly noticed public hearing, shall review
a recommendation from the Community Development Difl~ctor and shall approve,
approve with conditions, or deny an application for minor subdivision, based on the
standards of review, identified in Section 26.480,060, Minor Subdivision, This requires a
one step process, as follows:
Ste One - Final Review b the Ci Council-- Public Hearin ,
Purpose: To review a recommendation by _ the COlI1munity
Development Director and to determine if application for
subdivision meets the standards for a rovaL
Notice requirements: Requisite notice requirements for adoption of an
ordinance by City Council and publication, posting, and
mailin , See 26.304,060 E 3 a, b, and c ,
Section 26.480,060 Minor Subdivisions
Ordinance approving, approving with conditions, or
disa rovin a minor subdivision Ian.
Standards ofreview:
City Council action:
C. Major Subdivisions. The 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, and shall approve, approve with conditions, or
deny an application for major subdivision, based on the standards of review identified in
Section 26.480.070 Major Subdivisions, This requires a two-step process, as follows:
Step One - Recommendation by the Planning and Zoning Commission - Public
Hearin ,
Purpose:
Standards ofreview:
P&Z action:
To review a recommendation by the Community
Development Director and to recommend to City Council
whether an application for major subdivision meets the
standards for a rovaL
Publication, posting, arid
26.304,060 E 3 a, ,and c ,
Section 26.480,070 Ma.or Subdivisions
Resolution recommending City Council approve, approve
with conditions, or disa rove a ma' or subdivision Ian.
mailing,
(See
Notice requirements:
Ste Two - Final Review b the Ci Council -- Public Hearin .
Purpose: To review recommendations by the
Develo ment Director and the Plannin
Community
and Zonin
Ordinance No, 5
Series of 2003,
Page 54
Standards of review:
City Council action:
Commission and to determine if application for major
subdivision meets the standards for a rovaL
Requisite notice requirements for adoption of an
ordinance by City Council and publication, posting, and
mailin . (See 26.304,060 E 3 a, , and c).
Section 26.480.070 M.a'or subdivisions
Ordinance approving, approving with conditions, or
disa rovin the ma'or subdivision lan,
Notice requirements:
26.480.040 General Subdivision Review Standards.
All subdivisions shall be required to conform to the following general standards and limitations
in addition to the specific standards applicable to each type of subdivision:
A, Growth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been granted
pursuant to, or are exempt from the provisions of, Section 26.470, Growth Management
Quota System. Subdivision approval may be granted to create a parcel(s) zoned
Affordable Housing Planned Unit Development (AH-PUD) without first obtaining
growth management approvals if the newly created parcel(s) is required to obtain such
growth management approvals prior to development through a legal instrument
acceptable to the City Attorney,
B, Affordable housing. A subdivision comprised of new dwelling units, commercial, or
mixed-uses shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.470, Growth Management Quota System. A subdivision
comprised of replacement dwelling units shall be found in compliance with the
requirements of Chapter 26,530, Resident Multi-Family Replacement Program,
C. Improvements. A subdivision accommodating new development shall include the
necessary improvements set forth at Chapter 26,580, Engineering Standards. These
standards may be modified by the Planning and Zoning Commission, pursuant to Section
26.430, Special Review, based on the following criteria:
1, A unique situation exists for the development where strict adherence to the
subdivision design standards would result in incompatibility with the Aspen Area
Community Plan, the existing, neighboring development areas, and/or the goals of the
community.
2, The applicant shall specify each design standard variation requested and provide
justification for each variation request, providing design recommendations by
professional engineers as necessary,
D, School Land Dedication. Any subdivision accommodating new dwelling units requires
compliance with the School Land Dedication Standards setf()rth at Chapter 26.630, A
subdivision comprised of replacement dwelling units shall only be assessed the
incremental increase in impact.
Ordinance No.5
Series of2003,
Page 55
26.480.050 Administrative Subdivisions
The following subdivisions shall be approved, approved with conditions, or denied by the
Community Development Director, pursuant to Section 26.480.030, Procedures for Review, and
the standards and limitations of each type of subdivision, described below:
A. Multi-Unit Development. A subdivision, necessary for the development of a multi-
dwelling unit building in which no new lot lines are being created, shall be approved, approved
with conditions, or denied by the Community Development Director, pursuant to Section
26.480,030, Procedures for Review, according to the following standards:
1. The project has obtained its necessary growth management approvals, pursuant to
Chapter 26.470, Growth Management Quota System, A subdivision comprised of
replacement dwelling units shall be found in compliance with the requirements of Section
26,530, Resident Multi-Family Replacement Program, A subdivision comprised of new
dwelling units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.470, Growth Management Quota System.
2. Conformance with Section 26.480,040, General Subdivision Review Standards, is
achieved and the Subdivision includes the necessary School Land Dedication or the
applicant shall be assessed the applicable payment-in-lieu based upon the standards set
forth at Chapter 26,630, School Lands Dedication,
3. Prior to the conveyance of individual units, each property interest shall be described on a
condominium plat, approved pursuant to Section 26.480,060(A) Condominiumization,
4, No subdivision plat or agreement need be prepared or entered into between the applicant
and the City unless the Community Development Director determines such a plat or
agreement is necessary,
B. Exempt Timesharing. A subdivision necessary to create time-span estates that comply
with the requirements of Section 26,590.030, Exempt Timesharing, shall be approved, approved
with conditions, or denied by the Community Development Director if the requirements of
Section 26,590.030, Exempt Timesharing, are met. This form of subdivision shall not be used to
create any new lots or dwelling units.
26.480.060 Minor Subdivisions
The following subdivisions may be approved by the City Council, pursuant to the provisions of
Section 26.480,030, Procedures for Review, and the standards and limitations of each type of
subdivision, described below:
A. Condominiumization.
A subdivision necessary to define separate interests in a single property in a Condominium or
Common Ownership Interest Community form, of ownership shall b<~ approved, approved with
conditions, or denied by the City Council, pursuant to Section 26.480,030, Procedures for
Review, according to the following standards:
Ordinance No, 5
Series of 2003,
Page 56
1, There is submitted a Condominium Plat describing all condominiumized units, or that
portion of the development to be condominiumized, meeting the plat requirements of the
current City Engineering Department Standards,
2. The act of dividing ownership interests shall not affect a change in use of the property,
3, The approved Condominium Plat shall be recorded inthe office of the Pitkill County
Clerk and Recorder, pursuant to Section 26,480,080, Recording a Subdivision Plat and
Agreement.
4, No subdivision agreement need be prepared or entered into between the applicant and the
City unless the City Council determines such an agreement is necessary,
B. Lot line adjustment. An adjustment of a lot line between contiguous lots shall be
approved, approved with conditions, or denied by the City Council, pursuant to Section
26.480,030, Procedures for Review, according to the following standards:
1. The subdivision conforms with Section 26.480,040, General Subdivision Review
Standards,
2, It is demonstrated that the request is to correct an engineering or surveying error in a
recorded plat or is to permit an insignificant boundary adjustment between adjacent
parcels,
3. The action results in the same number of parcels, Creating or eliminating parcels shall be
reviewed as a Major Subdivision,
4, The proposed lot lines approximate, to the extent practical, the platting of the Original
Aspen Townsite, and additions thereto, as applicable to the subject land. A deviation
from the original platting lines, which does not create an odd development pattern, may
be approved to accommodate site-specific circumstances,
5. For adjustments between parcels located in different zone districts, a request to amend the
Official Zone District Map shall be submitted, pursuant to Section 26.310, and any
Subdivision approval shall be contingent upon proper rezoning,
6, It is demonstrated that the lot line adjustment will have a minimal effect on development
rights, Insignificant changes in floor area and location of development shall be
considered a minimal effect. Changes in allowable density shall not be considered
minimal. Significant changes in development rights may be approved, pursuant to Major
Subdivision,
7, It is demonstrated that the adjustment will not create a nonconformity, In cases where
nonconformity already exists, the adjustment shall not increase the specific
nonconformity.
8, A subdivision plat, meeting the plat requirements of the current City Engineering
Department Standards, is submitted and recorded, pursuant to Section 26.480,080,
Recording a Subdivision Plat and Agreement.
9, No subdivision agreement need be prepared or entered into between the applicant and the
city unless the City Council determines such an agreement is necessary,
Ordinance No.5
Series of 2003.
Page 57
C. Standard Lot Split. The split of a lot for the purpose of additional development shall be
approved, approved with conditions, or denied by the City Council, pursuant to Section
26.480,030, Procedures for Review, according to the following standards:
1. The subdivision conforms with Section 26.480.040, General Subdivision Review
Standards,
2, The proposed lot lines approximate, to the extent practical, the platting of the Original
Aspen Townsite, and additions thereto, as applicable to the subject land, A deviation
from the original platting lines, which does not create an odd development pattern, may
be approved to accommodate site-specific circumstances.
3. All new lots conform to the requirements of the underlying zone district.
4. No more than two lots are created by the Lot Split. No more than one lot split shall occur
on anyone fathering parcel.
5, All new lots shall be required to gain growth management approval pursuant to Section
26.470, Growth Management Quota System, A plat note shall be required,
6. A subdivision plat, meeting the plat requirements of the current City Engineering
Department Standards, is submitted and recorded, pursuant to Section 26.480,080,
Recording a Subdivision Plat and Agreement.
7. No subdivision agreement need be prepared or entered into between the applicant and the
city unless the City Council determines such an agreement is necessary.
8, In the case where an existing structure occupies a site eligible for a lot split, the structure
need not be demolished prior to application for a lot split. If the lot split creates a
nonconforming structure, such structure shall be subject to the limitations of Section
26,312, Nonconformities, If the lot split creates a structure spanning a parcel boundary,
the City Council may grant temporary relief such that in no circumstance may the
structure continue its existence beyond commencement of development on either parcel.
Plat notes shall be used to stipulate these requirements,
D. Historic Landmark Lot Split. The split of a lot that is a designated Historic Landmark for
the purpose of additional development shall be approved, approved with conditions, or denied by
the City Council, pursuant to Section 26.480.030 Procedures for Review, after a recommendation
by the Historic Preservation Commission, pursuant to Section 26.415.11 O(A) Historic Landmark
Lot Split, ac,cording to the following standards:
1. The subdivision conforms with Section 26.480,040, General Subdivision Review
Standards, Development on the new parcels shall be exempt from the provisions of
Chapter 26.470, Growth Management Quota System,
2, The original parcel shall be a minimum of six thousand (6,000) square feet in size and be
located in the R-6, R-15, R-15A, RMF, or 0 zone district.
3. The proposed lot lines approximate, to the extent practical, tae platting of the Original
Aspen Townsite, and additions thereto, as applicable to the subject land. A deviation
Ordinance No.5
Series of2003,
Page 58
from the original platting lines, which does not create an odd development pattern, may
be approved to accommodate site-specific circumstances,
4, All new lots conform to the requirements of the underlying zone district. Variances may
be granted, pursuant to Section 26.415.l20(B)(1)(a), (b), and (c).
5. A subdivision plat, meeting the plat requirements of the current City Engineering
Department Standards, is submitted and recorded, pursuant to Section 26.480,080,
Recording a Subdivision Plat and Agreement.
6, No subdivision agreement need be prepared or entered into between the applicant and the
city unless the City Council determines such an agreement is necessary,
7. In the case where an existing structure occupies a site eligible for a lot split, the structure
need not be demolished prior to application for a lot split. If the lot split creates a
nonconforming structure, such structure shall be subject to the limitations of Section
26.312, Nonconformities, The Historic Preservation Commission may approve variances,
pursuant to Section 26.4l5,120(B)(1)(a), (b), and (c). If the lot split creates a structure
spanning a parcel boundary, the City Council may grant temporary relief such that in no
circumstance may the structure continue its existence beyond commencement of
development on either parcel. Plat notes shall be used to stipulate these requirements,
8, In residential zone districts, the allowable Floor Area for each new residential lot shall be
e,stablished by allocating the total allowable Floor Area of the fathering parcel to each of
the new lots such that.no overall illcrease in Floor i\J:e:i i~ acgitlyed ill1dn() in(/ividll:illot
allows a Floor Area in excess of that allowed a similar lot in the ;a'Jnezone district. An
equal distribution is not required. The allowable Floor Area for each new lot shall be
noted on the Lot Split Plat. Any Floor Area bonus granted by the Historic Preservation
Commission may be allocated to each individual parcel and shall also be noted on the
plat.
In the Mixed Use (MU) Zone district, the Floor Area shall be I~alculated according to the
limitations of the MS Zone District applied to each new lot as permitted for the use, The
total FAR shall not be stated on the Plat becallse the flpor area ""ill be affected by the use
established on each parcel.
26.480.070 Major Subdivisions
All subdivisions not defined as administrative or minor subdivisions shall be considered major
subdivisions, Major subdivisions shall be approved, approved with conditions, or denied by the
City Council, pursuant to Section 26.480,030 Procedures for Review, after receiving a
recommendation from the Planning and Zoning Commission, according to the following
standards:
a) The proposed subdivision shall be consistent with the Aspen Area Community Plan,
b) The proposed subdivision shall be compatible with the character of existing land uses in
the area,
c) The proposed subdivision shall not adversely affect thtl future development of
surrounding areas.
Ordinance No, 5
Series of 2003,
Page 59
d) The proposed subdivision shall be in compliance with all applicable requirements of this
Title.
e) The proposed subdivision avoids development on land unsuitable for development
because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or
snowslide, steep topography or any other natural hazard or other condition that will be
harmful to the health, safety, or welfare of the residents in the proposed subdivision.
f) The proposed subdivision shall not be designed to create spatial patterns that cause
inefficiencies, duplication or premature extension of public facilities or unnecessary
public costs,
g) All new lots con.form to the requirements of the underlying zone district.
h) A subdivision plat, meeting the plat requirements of the current City Engineering
Department Standards, is submitted and recorded, pursuant to Section 26.480,080,
Recording a Subdivision Plat and Agreement.
i) A subdivision agreement meeting the terms of this Chapter shall be submitted and
recorded, pursuant to Section 26.480,080, Recording a Subdivision Plat and Agreement.
j) In the case where an existing structure occupies the site, the structure need not be
demolished prior to application for a subdivision. If the subdivision creates a
nonconforming structure, the City Council may allow such stmcture to continue, subject
to the limitations of Section 26,312, Nonconformities. If the subdivision creates a
structure spanning a parcel boundary, the City Council may be grant temporary relief such
that the structure may continue until development of one of the affected parcels, Plat
notes shall be used to stipulate these requirements.
26.480.080 Recording a Subdivision Plat and Agreement.
A. General.
Unless otherwise specified by the authority granting final approval of a Subdivision development
plan, all necessary documents, as applicable, shall be recorded within one-hundred-and-eighty
(180) days of the final approval date unless an extension or waiver is granted by the Community
Development Director for a showing of good cause, Failure to file these documents within this
time period shall render null and void the approval of a subdivision and shall require
reconsideration of the subdivision plan and agreement, pursuant to th'l procedures for approving
such a subdivision, before its acceptance and recording. The one hundred eighty (180) day
recordation requirement shall not apply to the recording of condominium maps, or declarations
or any other documents required to accomplish a condominiumization in the City of Aspen,
The final development plan, which shall consist of applicable final plats, drawings, infrastructure
improvement specifications, and agreements as described below, shaH be recorded in the office
of the Pitkin County Clerk and Recorder, and shall be binding upon the property, Development
of the property shall be limited to the uses, density, configuration, :md all other elements and
conditions set forth on the final subdivision plat and subdivision agreement.
Ordinance No, 5
Series of 2003,
Page 60
B. Subdivision Plat.
Unless otherwise specified by the approval authority, the Subdivision plat for recording shall
include the following:
1. Improvement Survey plat meeting the requirements of the current City Engineering
Department standards,
2, Final Plat, meeting the plat requirements of the current City Engineering Department
standards, The plat shall reference the supporting subdivision agreement documents,
including recordation reception numbers,
3, Utility and Public Facilities Plan with complete civil engin,eering plans, details, and
specifications for all public infrastructure improvements to be installed in the proposed
subdivision, including but not limited to water and sewer utilities, streets and related
improvements, trails, bridges and storm drainage improvements,
4, Landscape Plan,
5, Grading, Erosion Control, and Drainage Plan,
C. Subdivision Agreement.
Unless otherwise specified by the authority granting final approval of a Subdivision development
plan, the applicant and City shall enter into an agreement binding the subdivision to any
conditions placed on the development order and shall, at a minimum, outline obligations related
to the following:
1. Common park and recreation areas. The subdivision agreement shall outline any
agreement on the part of the applicant, to deed to each lot or dwelling unit owner within
the subdivision, an undivided interest in all common park and recreation areas, together
with a deed restriction against future residential, commercial, or industrial development.
2, Financial Security for Public Improvements. In order to secure the performance of the
construction and installation of public improvements the Own,er shall provide a letter of
credit, cash or other guarantees in a form satisfactory, to the City Attorney prior to the
initiation of project construction or the issuance of any building permits for the project.
As part of the Subdivision Agreement (or POO Agreement), the Owner shall provide the
City with a detailed cost estimate of the improvements being guaranteed, The amount of
the required financial security shall be one-hundred-twenty-five percent (125%) of the
estimated cost of the improvements, The guarantee documents shall give the City the
Url.conditional right, upon clear and unequivocal default by the Owners in its obligations
to complete the public improvements, to withdraw funds against such security sufficient
to complete and pay for installation for such public improvements, or to withdraw funds
against such security sufficient to complete and pay for installation for such public
improvements. If the improvements have not been completed to the satisfaction of the
City within one year, the City may require the Owner to adjust the amount of the financial
security for inflation.
As portions of the improvements are completed, the City shall inspect them, and upon
approval and acceptance, shall authorize the release of the agreed estimated costs for that
portion of the improvements, except that ten (10) percent of the estimated costs of the
Ordinance No, 5
Series of 2003,
Page 61
'improvements shall be withheld for the benefit of the City until (i) all of the
improvements have been inspected and accepted by the City, (ii) a two (2)-year
maintenance bond has been provided by the Contractor, and (iii) construction detail
drawings ("as-builts") are delivered to the City (if required),
3, Financial Security for Landscape Improvements. In order to secure the performance of
landscape improvements the Owner shall provide a letter of credit, cash or other
guarantees in a form satisfactory to the City Attorney prior to the initiation of project
construction or the issuance of any building permits for the project. As part of the
Subdivision Agreement (or PUD Agreement), the Owner shall provide the City with a
detailed cost estimate of the landscape improvements being guaranteed, The amount of
the required financial security shall be one-hundred-twenty-five percent (125%) of the
estimated cost of the landscape improvements. The guarantee documents shall give the
City the unconditional right, upon clear and unequivocal default by the Owners in its
obligations to complete the landscaping improvements, to withdraw funds against such
security sufficient to complete and pay for installation for such improvements, or to
withdraw funds against such security sufficient to complete and pay for installation for
such improvements. If the landscaping improvements have not been completed to the
satisfaction of the City within one year, the City may require the Owner to adjust the
amount of the financial security for inflation.
As portions of the landscaping improvements are completed, the City shall inspect them,
and upon approval and acceptance, shall authorize the release of the agreed estimated
costs for that portion of the improvements, except for thirty-five percent (35%) of the
estimated costs of the improvements, Of this thirty-five percent(35%), ten percent (10%)
shall be released by the City after (i) all of the landscaping improvements have been
inspected and accepted by the City, and (ii) construction detail drawings ("as-builts") are
delivered to the City (if required), The remaining twenty-five percent (25%) of the
financial security shall be retained by the City until the landscaping improvements have
been maintained in a satisfactory condition for two (2) years,
D. Recordation.
The subdivision plat and agreement shall be recorded in the office of the Pitkin County Clerk and
Recorder. The subdivision plat shall also be submitted in a digital format acceptable to the
Community Development Department, for incorporation into the City/County GIS system,
26.480.090 Application Materials.
Thecdntents of a development application for a subdivision plan shall include the following:
I. The general application information required in Common Procl~dures, Section 26,304,
2, An Improvement Survey depicting:
a, Existing natural and man-made site features,
b, Existing topography and categorization of site slopes f~tlling within the following
thresholds: 'Zero to ten percent (0 - 10%), eleven to twenty percent (11 - 20%),
Ordinance No.5
Series of2003,
Page 62
twenty-one to thirty percent (21 - 30%), and greater than thirty percent (> 30%),
Topography shall be shown at two-foot contours with five-foot contours on lands
greater than thirty percent (30%) slope,
c, All legal easements and restrictions.
d, All requirements for Improvement Surveys outlined in the current City
Engineering Department regulations,
3, Site data tabulation listing acreage of land in the proposed subdivision; area of land
within each slope classification; the number, type and typical size of lots, structures
and/or dwelling units; number of bedrooms per dwelling lmit; ground coverage of
proposed structures; and, extent of improvements including parking areas, streets,
sidewalks, open space and similar improvement intended for common use,
4. A detailed description of the proposed subdivision plan including a statement of the
objectives to be achieved and a description of the proposed land uses, densities, natural
features, traffic and pedestrian circulation, off-street parking, open space areas, areas of
common interest, infrastructure improvements, and site drainage,
5, Where the proposed subdivision covers only a part of the applicant's adjacent holdings, a
sketch plan for such other lands shall be submitted, and the proposed streets, utilities,
easem()nts, and other improvements of the tract under review shall be considered with
reference to the proposed development of the adjacent holdings,
6, A landscape plan depicting:
a) The type, location, and size of all existing plant materials and other landscape
features,
b) The proposed method of protecting vegetation through construction,
c) The type and location of all proposed plant materials, other landscape features,
proposed treatment of ground surfaces and erosion control, and a plant material
schedule with common and botanical names, sizes, and quantities.
7. A statement specifying the public facilities that will be needed to accommodate the
proposed development, and what specific assurances will be made to ensure the public
facilities will be available to accommodate the proposed development.
8, A statement specifying the method of maintaining any proposed common areas on the
site, including but not limited to common parking areas, walkways, landscaped areas, and
recreational facilities, and what specific assurances will be made to ensure the continual
maintenance of said areas,
9, A description of any proposed proj ect phasing detailing the specific improvements
proposed for each phase,
10. Such other information as may be required by the planning agency or other reviewing
agency in order to adequately describe proposed utility systems, drainage plans, surface
improvements, or other construction projects contemplated within the proposed
subdivision in order to assure that the proposed subdivision is capable of being
constructed without an adverse effect upon the surrounding area.
1 L A written response to each of the review criteria, as applicable to the specific subdivision,
Ordinance No.5
Series of2003,
Page 63
12, A proposed subdivision plat.
13, A proposed subdivision agreement.
26.480.100 Amendment to Subdivision Development Order.
A. Insubstantial amendment. An insubstantial amendment to an approved subdivision
development order may be authorized by the Community Development Director, An
insubstantial amendment shall be limited to technical or engineering considerations, or
any other minor change to a plat, discovered prior to or during actual development which
could not reasonably be anticipated during the approval process and which the
Community Development Director finds has no effect on the approved subdivision, The
Community Development Director shall determine the. appropriate process to record the
amendment.
B. Plat Vacation. Vacation of an approved plat or any other document recorded in
conjunction with a plat shall be considered a plat amendment, subject to the standards and
processes of this Chapter, and shall only be approved by the City if good cause is
demonstrated,
C, Minimum Lease Deed Restriction. Minimum lease deed restrictions imposed by the City
Council as a condition of condominiurnization approval prior to July 1, 1992, shall only
be modified or removed with the approval of City Council, through adoption of an
Ordinance.
D, Other Amendment. All other amendments shall besllbject to review as a new application
for subdivision, pursuant to the procedures of this Chapter,
26.480.110 Appeals.
An applicant aggrieved by a determination made by the Community Development Director
regarding an administrative subdivision application may appeal the decision to the City Council,
pursuant to the procedures and standards of Section 26,316, Appeals,
Ordinance No, 5
Series of 2003,
Page 64
Section 12:
Chapter 26.515, Off-Street Parking, which Chapter describes requirements for the
provision of off-street parking associated with development, shall read as follows:
Chapter 26.515
OFF-STREET PARKING
Sections:
26.515.010 General provisions.
26.515.020 Characteristics of off-stx-eet parking spaces and access to street or alley.
26.515.030 Required number of off-street parking spaces.
26.515.040 Special review standards.
26.515.050 Remote residential parking and cash-in-lieu provisions
26.515.010 General provisions.
A General I'equirements. All development shall be provided with off-street parking as
provided in this Chapter.
B. Requirements for expansion/redevelopment of existing development. No development
shall reduce the number of existing off-street parking spaces below the minimum number of
existing spaces required herein for that development, unless expressly exempted by this Chapter,
If existing development is expanded or redeveloped, additional off-street parking space shall be
provided for that increment of the expansion as if it is a separate development. An existing
deficit of parking may be maintained when a property is redeveloped,
C. Off-street parking calculation. All requirements for off-street parking for residential
dwellings and lodges shall be calculated based on the number of units. Requirements for off-
street parking for commercial uses shall be calculated based on the net leasable area of the
structure or use, Requirements for all other land uses not considered residential, lodging, or
commercial shall be established by Special Review,
D. Required number of spaces when fractional spaces computed. When any calculation of
off-street parking results in a required fractional space, said fractional space may be paid cash-in-
lieu or an entire space may be provided on the site,
Ordinance No.5
Series of 2003.
Page 65
26.515.020 Characteristics of off-street parking spaces and access to street or alley.
A General. Each off-street parking space shall consist of an open area measuring eight and one-
half (8 1/2) feet wide by eighteen (18) feet long and seven (7) feet high with a maximum slope of
twelve (12) percent in anyone direction, Each parking space, except those provided for detached
residential dwellings and duplex dwellings, shall hav~ an unobstructed access to a street or alley, Off-
street parking provided for multi-family dwellings which do not share a common parking area may be
exempted from the unobstructed access requirement subject to special review pursuant to Chapter
26.430 and the standards set forth at Section 26.515,040, below, No driveway shall exceed a
maximum slope of twelve (12) percent within twenty (20) feet of a property line bordering a public or
private right-of-way. Off-street parking must be paved with all weather surfacing or be covered with
gravel. For single family and duplex development, a grass-ring type sUTface may be used. All parking
shall be maintained in a usable condition at all times,
B, Location of off-street parking. Off-street parking shall be located on the same lot, an adjacent
lot under the same ownership as the lot occupied by the principal use, or at a remote parking facility
authorized by the City to satisfy off-street parking requirements, For all uses, parking shall be
accessed from an alley or secondary road, where one exists,
C, Detached and duplex residential dwelling parking. Off-street parking provided for detached
residential dwellings and duplex dwellings are not required to have unobstructed access to a street or
alley, but shall not block access of emergency apparatus to the property or to structures located on the
property.
D. State Highway 82 off-street parking. All parking required for IIses fronting State Highway 82
shall, if an alley exists, be provided access off the alley and shall not (mter or exit from or onto State
Highway 82.
E, Restrictions on use of off-street parking areas. No off-street parking area shall be used for
the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies, nor shall
any such activity adjacent to off-street parking spaces obstruct required access to off-street parking
areas. Parking spaces shall be used for the parking of vehicles and shall not be used for non-auto
related uses such as storage units or trash containers,
F. Surface Parking and Commercial Parking Facilities. Surface parking is prohibited as a
principal use of a lot or parcel unless permitted as a Commercial Parking Facility. Commercial
Parking Facilities shall only be operated in Zone Districts where such use is permitted. For surface
parking of eight (8) or more spaces, parking areas shall include one (1) tree with a planter area of
twenty (20) square feet for each four (4) parking spaces, Planter areas may be combined, but shall be
proximate to the parking spaces, The Planning and Zoning Commission may waive or modifY this
requirement on a per case basis, Parking within structures is exempt from this landscape provision,
Ordinance No, 5
Series of2003,
Page 66
G, Restrictions on drainage, grading and traffic impact. Off-street parking spaces shall be
graded to insure drainage does not create any flooding or water quality problems and shall be
provided with entrances and exits so as to minil11i;,;etl"affiE ~ongestion and traffic hazards.
H. Restrictions on lighting. Lighting facilities for off-street parking spaces, if provided, shall be
arranged and shielded so that lights neither unreasonably disturb occupants of adjacent residential
dwellings or interfere with driver vision, All outdoor lighting shall comply with the Outdoor Lighting
Regulations, Section 26,575.150,
26.515.030 Required number of off-street parking spaces.
Off-street parking spaces shall be provided for each use according to the schedule, below, Whenever
the off-street parking is subject to establishment by adoption of a Planned Unit Development Final
Development Plan, that review shall be pursuant to Section 26.445, Planned Unit Development.
Whenever the parking requirement shall be established through a Spedal Review, the standards and
procedures set forth at Section 26.515,040, below, shall apply. Whenever the parking requirement
may be provided via remote parking or a payment in lieu the standards and procedures set forth at
Section 26.515,050, below, shall apply, An existing deficit of parking may be maintained when a
property is redeveloped.
Ordinance No, 5
Series of 2003.
Page 67
'Use: Aspen Infill Area: All Other Areas:
Commercial: 1.5 spaces per 1,000 net leasable 3 spaces per 1,000 net
square feet of commercial space, leasable square feet of
100% may be provided through a commercial space.
payment-in-lieu. No requirement for
development within the Commercial
Core (CC) Zone District.
Single-Family and Lesser of one space per bedroom or Lesser of one space per
Duplex Residential two spaces per unit. Fewer spaces bedroom or two spaces
(includes both free- may be approved, pursuant to p()runit.
market and Section 26.430, Special Review and
affordable): according to the review criteria of
Section 26,515,040.
AccessQry Dwelling One space per unit. Fewer spaces One space per unit.
Units and Alley may be approved, pursuant to F'ewer spaces may be
Houses Section 26,520, Accessory Dwelling approved, pursuant to
Units and Alley Houses. Section 26.520,
Accessory Dwelling
Units and Alley Houses.
Multi-Family One space per unit. 100% may be Lesser of one space per
Residential provided through remote parking bedroom or two spaces
(includes both free- program, No requirement for per unit,
market and development within the Commercial
affordable): Core (CC) Zone District.
Hotel/Lodge: ,5 spaces per unit. Fewer spaces may .7 spaces per unit.
be approved, pursuant to Section
26.430, Special Review and
according to the review criteria of
Section 26.515.040, No requirement
for development within the
Commercial Core (CC) Zone
District.
All Other Uses: Established by Special Review Established by Special
(civic, cultural, according to the review criteria of Review according to the
public uses, child Section 26.515,040. No requirement review criteria of Section
care centers, etc,) for development within the 26,515,040,
Commercial Core (CC) Zone
District.
Ordinance No, 5
Series of 2003.
Page 68
For properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, fewer spaces
may be provided and/or a waiver of cash-in-lieu fees may be approved, pursuant to Section 26.430,
Special Review and according to the review criteria set forth below,
26.515.040 Special Review Standards,
Whenever the off-street parking requirements of a proposed development are subject to Special
Review, an application shall be processed as a Special Review in accordance with the Common
Development Review Procedure set forth in Section 26.304, and be evaluated according to the
following standards, Review is by the Planning and Zoning Commission, If the property is a
Historic Landmark, the Historic Preservation Commission may consider the Special Review,
A. A Special Review for establishing, varying, or waiving off-street parking requirements may be
approved, approved with conditions, or denied based on conformance with the following criteria:
1. The parking needs of the residents, customers, guests and employees of the project have been
met, taking into account potential uses of the parcel, the projected traffic generation of the
project, any shared parking opportunities, expected schedule of parking demands, the
proj ected impacts onto the on-street parking of the neighborhood, its proximity to mass transit
routes and the downtown area, and any special services, such as vans, provided for residents,
guests and employees,
2, An on-site parking solution meeting the requirement is practically difficult or results in an
undesirable development scenario,
3. Existing or planned on-site or off-site parking facilities adequately serve the needs of the
development, including the availability of street parking,
B. A Special Review to permit a Commercial Parking Facility or Remote Parking Facility may be
approved, approved with conditions, or denied based on ,conformance with the following criteria:
1. The location, design, and operating characteristics of the facility are consistent with the Aspen
Area Community Plan,
2. The project has obtained growth management approvals or is concurrently being considered
for growth management approvals,
3, The location, capacity, and operating characteristics, including affects of operating hours,
lighting, ventilation noises, etc" of the facility are compatible with the existing land uses in
the surrounding area.
4, Access to the facility is from an acceptable location that minimizes staging problems, conflicts
with pedestrian flow, conflicts with service delivery, and elimination of on-street parking.
Access from an alley is preferred.
5, The proposed style of operation is appropriate (manned booth, key cards, etc,).
6. The massing, scale, and exterior aesthetics of the building is appropriate considering the
context in which it is proposed.
7. Where appropriate, commercial uses are incorporated into the exterior of the facility's ground
floor to mimic conventional development in that zone district.
Ordinance No, 5
Series of 2003,
Page 69
8. For Remote Residential Parking Facilities, a legal instrument, in a form acceptable to the City
Attorney, ensures the spaces will be condominiumized and transferred with affordable
residential dwellings consistent with the City's remote parking program, pursuant to Section
26,515.050, or the spaces will be transferred to the City for USI~ in the City's remote parking
program.
26.515.050 'Remote Residential Parking and Cash-In-Lien
A. General. The City of Aspen conducted a remote parking facility analysis in the Fall of 2001
and determined the costs associated with developing new parking facilities to serve the demands of
development. While not all potential facilities represented the same potential expenditure, facilities
most likely to be developed by the City of Aspen required an expected $25,000 to $40,000 per space
to develop.
It is expected that off-site parking serving commercial development is a public amenity and shall
serve a general population while off-site parking serving a residential development is a private
amenity and shall serve the residents of the specific developments as remote parking,
Remote residential parking shall be a property interest inseparable from the residential unit to which
it is associated, Remote residential parking shall be prohibited, through a legal instrument, in a form
acceptable to the City Attorney, from being used in a non-parking manner (such as storage) or leased
to a third party.
B. Remote Residential Parking.
Any residential development may be permitted by the Community Development Director to satisfy
the off-street parking requirement through provision of remote parking as long as the following
standards are met:
I, The remote parking is in a facility approved by the City of Aspen as remote residential
parking,
2, A fee simple deeded interest in the required number of parking spaces shall be appurtenant to
the associated residential units through a legal instrument, in a form acceptable to the City
Attorney, prohibiting severance of the parking interest from the dwelling interest.
3, If a remote residential parking facility is not available, a cash-in-lieu payment shall be
accepted by the City, according to Section 26,515,050(C), Cash-in-lieu, only if a facility is
expected to be constructed by the City, or in coordination with the City, within a reasonable
time period,
C. Cash-in-lieu:
A cash-in-lieu payment, for those types of development authorized to provide parking via cash-in-
lieu, may be accepted by the Community Development Director to satisfy the off-street parking
requirement as long as the following standards are met:
I, Amount. In developments, where the off-street parking requirement may be provided
via a payment in lieu, the applicant shall make a one-time only payment to the city, in the
amount of thirty thousand dollars ($30,000.00) per space.
Ordinance No, 5
Series of 2003,
Page 70
2, Time ofoavrnent. The payment-in-lieu of parking shall be due and payable at the
time of issuance of a building permit. All funds shall be collected by the Community
Development Director and transferred to the Finance Director for deposit in a separate interest
bearing account. Monies in the account, shall be use4 solely for the construction of a parking
structure, or similar new parking facility, transportation improvements, transportation demand
management programs, shared automobiles or programs, and similar transportation related
facilities and programs,
3. Refunds, Fees collected pursuant to this section may be returned to the then present
owner of the property for which a fee was paid, including any interest earned, if the fees have
not been spent within seven (7) years from the date fees wete paid, unless the council shall
have eannarked the funds for expenditure on a specific project, in which case the council may
extend the time period by up to three (3) more years, To obtain a refund, the present owner
must submit a petition to the finance director within one year following the end of the seventh
(7th) year from the date payment was received,
For the purpose of this section, payments collected shall be deemed spent on the basis of the
first payment in shall be the first payment out. Any payment made for a project for which a
building permit is cancelled, due to no commencement of construction, may be refunded if a
petition for refund is submitted to the finance director within three (3) months of the date of
the cancellation of the, building permit. All petitions shall b(l accompanied by a notarized,
sworn statement that the petitioner is the current owner of the property and by a copy of the
dated receipt issued for payment ofthe fee,
4. Bi-annual review of rate" In order to insure ,that the payment-in-lieu rate is fair and
represents current cost levels, it shall be reviewed within two (2) years of its effective date,
and every two (2) years thereafter. Any necessary amendments to this section shall be initiated
pursuant to section 26,310,020, Procedure for Text Amendment.
Ordinance No, 5
Series of 2003,
Page 71
Section 13:
Chapter 26.520, Accessory Dwelling Units and Carriage Houses, which section authorizes and
regulates the development and operation of Accessory Dwelling Units and Carriage Houses, shall
read as follows:
26.520.010
26.520.020
26.520.030
26.520.040
26.520.050
26.520.060
26.520.070
26.520.080
26.520.090
26.520
Accessory I>welling Units and Carriage Houses
Purpose
Definition
Authority
Applicability
Design Standards
Cah:ulati()ns and Measuremen~s
Deed Restrictions, Recordation, Enforcement
Procedure
Amendments
26.520.010 Purpose
The purpose of the Accessory Dwelling Unit (ADD) and Carriage House Program is to promote
the long-standing community goal of socially, economically, and environmentally responsible
development patterns which balance Aspen the resort and Aspen the community, Aspen values
balanced neighborhoods and a sense of commonality between working residents and part-time
residents. ADUs and Carriage Houses represent viable housing opportunities for working
residents and allow employees to live within the fabric of the community without their housing
being easily identifiable as "employee housing." ADUs and Carriage Houses also help to address
the affects of existing homes, which have provided workforce housing, being significantly
redeveloped, often as second homes,
ADUs and Carriage Houses support local Aspen businesses by providing an employee base within
the town and providing a critical mass of local residents important to preserving Aspen's
character. ADUs and Carriage Houses allow second homeowners the opportunity to hire an on-
site caretaker to maintain their property in their absence, Increased employee housing
opportunities in close proximity to employment and recreation c,enters is also an environmentally
preferred land use pattern, which reduces automobile reliance,
Detached ADUs and Carriage Houses emulate a historic development pattern and maximize the
privacy and livability of both the ADU or Carriage Houses and the primary unit Detached ADUs
and Carriage Houses are more likely to be occupied by a local working resident, furthering a
community goal of housing the workforce,
To the extent Aspen desires detached ADUs and Carriage Houses which provide viable and
livable housing opportunities to local working residents, detached ADUs and Carriage Houses
qualify existing vacant lots of record and significant redevelopment of existing homes for an
exemption from the Growth Management Quota System, In addition, detached ADUs and
Ordinance No.5
Series of 2003.
Page 72
Carriage Houses deed restricted as "For Sale" units, according to the Aspen/Pitkin County
Housing Authority Guidelines, as amended, and sold according to the procedures established in
the Guidelines provide for certain Floor Area incentives.
26. 520.020 General
Accessory Dwelling Units and Carriage Houses are separate dwelling units incidental and
subordinate in size and character to the primary residence and located on the same parcel or on a
contiguous lot under the same ownership. A primary residence may have no more than one ADU
or Carriage House. An ADU or Carriage House may not be accessory to another ADU or
Carriage House, A detached ADU or Carriage House may only be conveyed separate from the
primary residence as a "For Sale" Affordable Housing unit to a qualified purchaser pursuant the
Aspen/Pitkin County Housing Authority Guidelines, as amended, ADUs and Carriage Houses
shall not be considered units of density with regard to zoning requirements, Accessory dwelling
units and Carriage Houses shall not be used to satisfY employee housing requirements of the
Growth Management Quota System (GMQS), Accessory dwelling lmits and Carriage Houses also
may not be used to meet the requirements of Chapter 26.530 "Residential Multi-Family Housing
Replacement Program," All ADUs and Carriage Houses shall be developed in conformance with
this Section,
26. 520.030 Authority.
The Community l5evelopment Director, in accordance with the procedures, standards, and
limitations of this Chapter and of Common Development Review Procedures, Section 26.304,
shall approve, approve with conditions, or disapprove a land use application for an Accessory
Dwelling Unit or Carriage House,
An appeal of the Community Development Director's determination shall be considered by the
Planning and Zoning Commission and approved, approved with conditions, or disapproved,
pursuant to Section 26.520,080, Special Review,
A land use application requesting a variation of the ADU or Clmiage House design standards
shall be approved, approved with conditions, or disapproved by the Planning and Zoning
Commission, pursuant to Section 26,520.080, Special Review,
If the land use application requesting a variation of the ADU or Carriage House design standards
is part of a consolidated application process, authorized by the Community Development
Director, requiring consideration by the Historic Preservation Commission, the Historic
Preservation COlI1I!1ission shall approve, approve with conditions, or disapprove the variation,
pursuant to Section 26.520.080, Special Review,
26. 520.040 Applicability
This Section applies to all zone districts within the City of Aspen in which an Accessory Dwelling
Unit or Carriage House is a permitted use, as designated in Section 26.710, and to all Accessory
Dwelling Units approved prior to the adoption of Ordinance No, 46, Series of2001.
26. 520.050 Design Standards
Ordinance No, 5
Series of 2003,
Page 73
All ADUs and Carriage Houses shall conform to the following design standards unless otherwise
approved, pursuant to Section 26.520,080, Special Review:
1. An ADU must contain between 300 and 800 net livable square feet, 10% of which must be
a closet or storage area, An Carriage House must contain between 800 and 1,200 net
livable square feet, 10% of which must be closet or storage area,
2. An ADU or Carriage House must be able to function as a separate dwelling unit. This
includes the following:
a) An ADU or Carriage House must be separately accessible from the exterior. An
interior entrance to the primary residence may be approved, pursuant to Special
Review;
b) An ADU or Carriage House must have separately accessible utilities, This does'
not preclude shared services;
c) An ADU or Carriage House shall contain a kitchen containing, at a minimum, an
oven, a stove with two burners, a sink, and a refrigerator with a minimum of 6
cubic feet of capacity and a freezer; and,
d) An ADU or Carriage House shall contain a bathroom containing, at a minimum, a
sink, a toilet, and a shower.
3, One parking space for the ADU or Carriage House shall be provided on-site and shall
remain available for the benefit of the ADU or Carriage House resident. The parking
space shall not be stacked with a space for the primary resid,~nce,
4, The finished floor height( s) of the ADU or Carriage House shall be entirely above the
natural or finished grade, whichever is higher, on all sides of the structure,
5. The ADU or Carriage House shall be detached from the primary residence, An ADU or
Carriage House located above a detached garage or storage area shall qualify as a detached
ADU or Carriage House, No other connections to the primary residence, or portions
thereof, shall qualify the ADU or Carriage House as detached,
6, An ADU or Carriage House shall be located within the dimensional requirements of the
zone district in which the property is located,
7, The roof design shall prevent snow and ice from shedding upon an entrance to an ADU or
Carriage House, If the entrance is accessed via stairs, sufficient means of preventing snow
and ice from accumulating on the stairs shall be provided.
8. ADUs and Carriage Houses shall be developed in accordance with the requirements ofthis
title which apply to residential development in general. These include, but are not limited
to, the Uniform Building Code requirements related to adequate natural light, ventilation,
fire egress, fire suppression, and sound attenuation between living units, This standard
may not be varied.
9, All ADUs and Carriage Houses shall be registered with the Housing Authority and the
property shall be deed restricted in accordance with Section 26.520,070 Deed Restrictions,
This standard may not be varied,
Ordinance No, 5
Series of 2003.
Page 74
26. 520.060 Calculations and Measurements
A. Floor Area.
ADUs and Carriage Houses are attributed to the maximum allowable floor area for the given
property on which they are developed, pursuant to Section 26.575,020 Calculations and
Measurements.
B. Net Livable Square Footage.
ADUs and Carriage Houses must contain certain net livable floor area, unless varied through a
land use review. The calculation of net livable area differs slightly from the calculation of Floor
Area inasmuch as it measures the interior dimensions of the unit.
26. 520.070 Deed Restrictions and Enforcement.
A. Deed Restrictions.
At a minimum, all properties containing an ADU or an Carriage House shall be deed restricted in
the following manner:
. The ADU or Carriage House shall be registered with the Aspen/Pitkin County Housing
Authority,
. Any occupant of an ADU or Carriage House shall be qualified as a local working resident
according to the current Aspen/Pitkin County Housing Authority Guidelines, as amended,
. The ADU or Carriage House shall be restricted to lease periods of no less then six months in
duration, or as otherwise required by the current Aspen/Pitkin County Housing Authority
Guidelines, Leases must be recorded with the Housing Authority,
A detached and pennanently affordable Accessory Dwelling Unit or Carriage House qualifying a
property for a Floor Area Exemption, pursuant to Section 26.575,020(A)(6), shall be deed
restricted as a "For Sale" Affordable Housing Unit and conveyed to a qualified purchaser,
according to the Aspen/Pitkin County Housing Authority Guidelines, as amended.
Accessory Dwelling Units deed restricted to Mandatory Occupancy ill exchange for a Floor Area
Bonus, prior to the adoption of Ordinance 46, Series of200l, shall be continuously occupied by a
local working resident, as defined by the Aspen/Pitkin County Housing Authority, for lease
periods of six months or greater, unless the owner is granted approval to remove that restriction
pursuant to Section 26.520,090 (A), Insubstantial Amendments,
The Aspen/Pitkin County Housing Authority shall provide a standard fonn for recording
Accessory Dwelling Unit or Carriage House deed restrictions. The deed restriction shall be
recorded with the Pitkin County Clerk and Recorder prior to an application for a building pennit
may be accepted. The book and page associated with the recordation shall be noted in the building
pennit plans for an ADU or Carriage House.
B. Enforcement.
The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the recorded deed
restriction between the property own,er and Aspen/Pitkin County Housing Authority.
26. 520.080 Procedure
Ordinance No, 5
Series of 2003.
Page 75
A. General.
Pursuant to Section 26.304,020, Pre-Application Conference, Applicants are encouraged to meet
with a City Planner of the Community Development Department to clarify the requirements of the
ADU and Carriage House Program,
A development application for an ADU.or Carriage House shall inelude the requisite information
and materials, pursuant to Section 26,304.030, In addition, the application shall include scaled
floor plans and elevations for the proposed ADU or Carriage House, The application shall be
submitted to the Community Development Department.
Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to the
adoption of Ordinance No, 44, Series of 1999, and which complies with the requirements of this
section may be legalized as an accessory dwelling unit, if it shall meet the health and safety
requirements of the Uniform Building Code, as determined by the Chief Building Official. No
retro-active penalties or assessments shall be levied against any bandit unit upon legalization,
ADUs and Carriage Houses require a separate building permit. After a Development Order has
been issued for an ADU or Carriage House, a building permit application may be submitted in
conformance with Section 26.304,075,
B. Administrative Review.
In order to obtain a Development Order for an ADU or Carriage House, the Community
Development Director shall find the ADU ,or Carriage House in conformance with the criteria for
administrative approval. If an application is found to be inconsistent with these criteria, in whole
or in part, the applicant may either amend the application, apply for a Special Review to vary the
design standards, or apply for an appeal of the Director's finding pursuant to Subsection C, below,
An application for an ADU or Carriage House may be approved" approved with conditions, or
denied by the Community Development Director based on the following criteria:
1. The proposed Accessory Dwelling Unit or Carriage House meets the requirements of Section
26,520,050, Design Standards,
2, The applicable deed restriction for the Accessory Dwelling Unit or Carriage House has been
accepted by the Aspen/Pitkin County Housing Authority and the deed restriction is recorded
prior to an application for a building permit.
C. Appeal of Director's Determination.
An appeal of a determination made by the Community Development Director, shall be reviewed
as a Special Review pursuant to subsection D, below, In this case, the Community Development
Director's finding shall be forwarded as a recommendation and a new application need not be
filed,
D. Special Review.
An application requesting a variance from the ADU and Carriage House design standards, or an
appeal of a determination made by the Community Development Director, shall be processed as a
Special Review in accordance with the Common Development Review Procedure set forth in
Ordinance No, 5
Series of 2003,
Page 76
Section 26.304, The Special Review shall be considered at a public hearing for which notice has
been posted and mailed, pursuant to Section 26.304,060(E)(3)(b and c),
Review is by the Planning and Zoning Commission, If the property is a Historic Landmark, on
the Inventory of Historic Sites and Structures, or within a Historic Overlay District, and the
application has been authorized for consolidation pursuant to Section 26.304, the Historic
Preservation Commission shall consider the Special Review,
A Special Review for an ADU or Carriage House may be approved, approved with conditions, or
denied based on conformance with the following criteria:
I, The proposed ADU or Carriage House is designed in a manner which promotes the purpose of
the ADU and Carriage House program, promotes the purpose of the zone district in which it is
proposed, and promotes the unit's general livability.
2. The proposed ADU or Carriage House is designed to be compatible with, and subordinate in
character to, the primary residence considering all dimensions, site configuration, landscaping,
privacy, and historical significance of the property.
3, The proposed ADU or Carriage House is designed in a manner which is compatible with or
enhances the character of the neighborhood considering all dimensions, density, designated
view planes, operating characteristics, traffic, availability of on-street parking, availability of
transit services, and walking proximity to employment and recre:ational opportunities.
E. Inspection and Acceptance.
Prior to issuance of a Certificate of Occupancy for an ADU or Carriage House, the AspenlPitkin
County Housing Authority, or the Chief Building Official, shall inspect the ADU or Carriage
House for compliance with the Design Standards, Any un-approved variations from these
standards shall be remedied or approved pursuant to this chapter prior to issuance of a Certificate
of Occupancy or Certificate of Compliance.
26. 520.090 Amendment of an ADD or Carriage House Development Order
A. Insubstantial Amendment.
An insubstantial amendment to an approved development order for an Accessory Dwelling Unit
or Carriage House may be authorized by the Community Development Director if:
L The change is in conformance with the design standards, Section 26.520,050, or does not
exceed approved variations to the design standards; and,
2. The change does not alter the deed restriction for the ADU or Carriage House or the alteration
to the deed restriction has been approved by the AspenlPitkin County Housing Authority,
3. An amendment application that proposes to remove a Mandatory Occupancy ADU deed
restriction placed on the property prior to adoption of Ordinance No, 46, Series of 2001, may
be approved if all of the following criteria are met:
Ordinance No, 5
Series of 2003,
Page 77
a. The mandatory occupancy deed restriction shall have been recorded on the property for a
minimum of three (3) years prior to the date of application for its removal. The applicant
shall demonstrate a change in circumstances supporting the request to remove the
restriction.
b. The Mandatory Occupancy deed restriction on the ADU is replaced with the minimum
ADU deed restriction allowing voluntary occupancy; and,
c, The applicant has obtained approval either:
L From the City of Aspen to develop a deed restricted affordable housing unit on a
site that is not otherwise required to contain such a unit or from the Aspen/Pitkin
County Housing Authority to convert an existing fre,e-market unit and deed restrict
the unit to affordable housing status. The replacement affordable housing unit
shall be within the Aspen Infill Area, shall be of a comparable size and type as the
ADU, shall be accepted by the Aspen/Pitkin County Housing Authority, and shall
be deed restricted as a Category 3, or lower, sales unit according to the
Aspen/Pitkin County Housing Guidelines, as amended; or,
2, From the Aspen/Pitkin County Housing Authority to pay an affordable housing,
conversibn fee, calculated according to the following formula:
( ~ (assessed value of parcel)
square footage plus improvements
$ payment = of bonus floor X
area floor area of residence
(excluding bonus FAR)
Notes:
. The assessed value of the lot plus improvements shall be that value assigned to the
lot and improvements in the most current assessment made by the Pitkin County
Assessor.
. The Floor Area of the residence shall be calculated pursuant to Section 26,575.020
(A), as amended,
. Payment shall be made in compliance with the applicable requirements for
payment-in-lieu contained in the Aspen/Pitkin County Housing Guidelines, as
amended,
d. The structure granted the bonus Floor Area shall be considered a legally created
Nonconforming Structure and subject to the provisions of Section 26.312,
B. Other Amendments.
All other amendments to an approved development order for an Accessory Dwelling Unit or
Carriage House shall be reviewed pursuant to the terms and procedures of this Section,
Ordinance No, 5
Series of 2003.
Page 78
Section 14:
Chapter 26,530, Resident Multi-Family Housing Replacement Program, which Chapter shall regulate
the redevelopment of multi-family buildings, shall read as follows:
Chapter 26.530
RESIDENT MULTI-FAMILY REPLACEMENT JPROGRAM
Sections:
26.530.010 Purpose a.nd intent.
26.530.020 Application of Title.
26.530.030 Certificateofcolllplian eel exemption.
26.530.040 Housing replacement requirements.
26.530.050 Resale restrictions.
26.530.060 Enforcement.
26.530.070 Appeals
26.530.010 Purpose a.n.d Intent.
The City of Aspen's neighborhoods have traditionally been comprised of a mix of housing types,
including those affordable by its working residents. However, because of Aspen's attractiveness as a
resort environment, and because of the physical constraints of the upper Roaring Fork Valley, there is
constant pressure for the redevelopment of dwellings currently providing resident housing for tourist
and second home use, Such redevelopment results in the displacement of individuals and families
who are an integral part of the Aspen work force, Given the extremely high cost of and demand for
market-rate housing, resident housing opportunities for displaced working residents, which are now
minimal, will continue to decrease,
Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen have
been long-standing planning goals of the community, Achievement of these goals will serve to
promote a socially and economically balanced community, limit the number of individuals who face a
long and sometimes dangerous commute on State Highway 82, reduce the air pollution effects of
commuting and prevent exclusion of working residents from the city's neighborhoods,
In the Aspen Area Community Plan the city has established a goal that affordable housing for
working residents be provided by both the public and private sectors:, The city, through its housing
designee, has provided affordable housing both within and adjacent to the city limits, The private
sector has also provided affordable housing through the GMQS process, Nevertheless, as a result of
the replacement of resident housing with second homes and tourist accommodations, and the steady
increase in the, size of the w()r){for(;(l required to assure the continued viability of Aspen area
businesses and Aspen's tourist based economy, the city has foundit necessary, in concert with other
regulations, to adopt limitations on the demolition of existing multi-family housing in order to
minimize the displacement of working residents, to insure that the private sector maintains its role in
the provision of resident housing, and to prevent a housing shortfall from occurring,
Ordinance No, 5
Series of2003,
Page 79
26.530.020 Application of Chapter.
This Chapter shall apply to the demolition of any resident multi-family housing ("RMF housing"), as
defined herein, in the City of Aspen, excluding any parcel consolidated as a Specially Planned Area
(SPA).
For the purposes of this Chapter, demolition of a RMF Housing Unit shall include any development
action which constitutes Demolition, as defined, and also any action which penetrates demising walls
or floors between RMF Housing Units or which converts a RMF Unit to a non-residential use,
independent of whether or not such action is undertaken to combine or rebuild the units or for any
other purpose,
No owner shall cause the demolition of any RMF housing unit without first obtaining a certificate of
compliance or a certificate of exemption in accordance with the provisions of this Chapter, The
Community Development Department shall not issue a permit for the demolition of any multi-family
dwelling unit unless the owner has obtained either a certificate of compliance or a certificate of
exemption issued in accordance with this Chapter. A certificate of compliance or a certificate of
exemption shall only be issued by the Community Development Director if the applicant has
complied with the provisions ofthis Chapter.
Any RMF housing unit which is ordered to be demolished 1:>Y any public agency, including the city, as
a result of damage caused by civil commotion or natural disaster shall not be subject to the terms of
this Chapter. The City Council, at their discretion, may exempt non-profit agencies or organizations
from the provisions ofthis Chapter,
26.530.030 Certificate of compliance/exemption.
Any applicant, prior to applying for a building permit from the Community Development Department
for the purpose of demolishing any multi-family dwelling unit, must first obtain a certificate of
compliance or a certificate of exemption from the requirements of this Chapter.
A. Certificate of Compliance. In order to obtain a certificate of compliance, the owner shall:
1. Submit to the Community Development Director a statement, certified by the City of
Aspen Zoning Officer, declaring the number of RMF housing units, bedrooms, and the net
residential area to be affected by demolition,
2. Where required, secure necessary land use approvals and development orders for the
project to be developed on the site of the demolished building or on such other location as
may be approved,
3. Execute a housing replacement agreement with the City of Aspen setting forth the
terms and conditions upon which any replacement housing to be deed restricted to affordable
housing shall be provided and sold, which agreement shall be in a form acceptable to the City
Attorney, The agreement shall burden the property and be recorded in the records of the Clerk
and Recorder of Pitkin County, The obligation to provide replacement housing as set forth in
Ordinance No, 5
Series of 2003,
Page 80
the agreement shall be secured by a bond, letter of credit, or other security acceptable to the
city.
B. Certificate of exemption. In order to obtain a certificate of exemption, the owner must submit
a statement certifYing that the dwelling unites) is exempt from the provisions of this Section,
the basis upon which exemption is claimed, and such additional documentation as may be
required by the Community Development Director in order to establish the exemption. If the
Community Development Director is satisfied that the dwelling unit is exempt from the
provisions of this Title, a certificate of exemption shall be issued.
C. Procedure, A Certificate of Compliance or Certificate of Exemption shall be obtained prior
to the submission of a building permit.
D. Form of Certificate, A Certificate of Compliance or Exemption shall be in a form approved
by the Community Development Director. The Certificate shall constitute a Development
Order issued pursuant to Section 26.304,070, Development Ord.ers,
26.530.040 Housing Replacement Requirements.
A. One-Hundred Percent Replacement. In the event of the demolition of free-market resident
multi-family housing, the owner shall have the option to construct replacement housing
consisting of no less than one-hundred (100) percent of the number of units and one-hundred
(100) percent of the number of bedrooms demolished. The units shall pe replaced with like-
type units (i,e. each one-bedroom unit is replaced with a one-bedroom unit, each two-bedroom
unit is replaced with a two-bedroom unit, etc,). Studio units may be replaced with either studio
or one-bedroom units, When this one-hundred (100) percent standard is accomplished, the
replacement housing shall not be required to be deed restricted as affordable housing.
In the event of the demolition of resident multi-family housing deed restricted as affordable
housing, the owner shall be required to construct replacement housing consisting of no less
than one-hundred (100) percent of the number of units and one-hundred (100) percent of the
number of bedrooms, and one-hundred (100) percent of the square footage of net residential
area demolished, The replacement housing shall be deed restricted as affordable housing in a
like manner as prior to demolition and in accordance with the requirements of the
AspenlPitkin County Housing Authority.
B. Fifty Percent Replacement. In the event of the demolition of free-market resident multi-
family housing and replacement of less than one-hundred (1100) percent of the number of
previous units and bedrooms as described above, the owner shall be required to construct
replacement housing consisting of no less than fifty (50) percent of the number of units, fifty
(50) percent of the number of bedrooms, and fifty (50) percent of the square footage of net
residential area demolished, The replacement housing meeting this requirement shall be deed
restricted as affordable housing in accordance with the requirements of section 26.530.050,
Resale Restrictions (below), The remaining units replaced on-site shall not be required to be
deed restricted as affordable housing.
Ordinance No, 5
Series of 2003,
Page 81
C. Location of Replacement Housing, Multi-family replacement units shall be developed on the
same site on which demolition has occurred, unless the owner shall demonstrate that
replacement of the units on-site would be incompatible with adopted neighborhood plans or
would be an inappropriate planning solution due to the site's physical constraints, When either
of the above circumstances res\llt, the owner shall replace the maximum number of units on-
site which the City Council determines that the site can accommodate and may replace the
remaining units off-site, within the Aspen Urban Growth Boundary. When replacement units
are proposed to be built off-site, the owner shall be required to obtain a development order
approving the off-site development prior to issuance of a Certificate of Compliance,
D. Cash-in-Lieu Payment. When the owner's affordable housing replacement requirement of
this section involves a fraction of a unit, cash in lieu may be provided to meet the fractional
requirement only, The amount of a cash-in-lieu shall be determined by the AspenlPitkin
County Housing Authority according to the applicable Affordable Housing Guidelines,
E. Timing and Quality of Replacement Units. Any replacem(mt units required to be deed
restricted as affordable housing shall be available for occupancy at the same time as any other
new development on the same parcel, regardless of whether the replacement units are built on-
site or off-site, and shall contain fixtures, finish and amenities required by the Affordable
Housing Guidelines of the AspenlPitkin County Housing Authority,
F. Growth Management Replacement Credits, The existing number of free-market residential
units, prior to demolition, may be replaced on the same parcel, exempt from growth
management Free-market residential units in excess of those originally on the parcel shall be
subject to growth management, Section 26.470, The affordable residential units required to be
replaced shall be exempt from growth management, provided the units conform to the
requirements ofthis Chapter.
The free-market replacement credits may only be used on the same parcel in which the
demolition occurs, or on a contiguous parcel in the same ownership, and may not be
developed on a remote parceL
26.530.050 Resale/Rental Restrictions.
Replacement units required to be deed restricted as affordable housing shall be "for-sale units" and
shall be deed restricted in a form and substance consistent with the Affordable Housing Guidelines
established by the AspenlPitkin County Housing Authority, Such deed restricted units may only be
sold in compliance with the current Affordable Housing Guidelines (:stab Ii shed by the Aspen/Pitkin
County Housing Authority, The owner may be entitled to select purchasers, subject to the
aforementioned qualifications, with approval from the AspenlPitkin County Housing Authority,
Replacement units required to be deed restricted as affordable housing shall be allowed to be rental
units if a legal instrument, in a form acceptable to the City Attorney, shall guarantee their permanent
affordability in accordance with the AspenlPitkin County Affordable Housing Guidelines, No resale
or rental restrictions shall apply to free-market replacement units,
Ordinance No.5
Series of 2003,
Page 82
26.530.060 Enforcement.
Any person who violates any provision of this Chapter including violation of any provision of a deed
restriction executed for the benefit of the City of Aspen or the Aspen/Pitkin County Housing
Authority in compliance with this Chapter shall be liable to the criminal and/or civil penalties and
remedies set forth at Section 26.104,040.
26.530.070 Appeals,
An applicant aggrieved by a decision of the Community Development Director in the administration
of this Section may appeal such decision to the Aspen City Council in accordance with the appeal
procedures set forth at Chapter 26.316,
Ordinance No, 5
Series of 2003.
Page 83
.j
Section 15:
Chapter 26,535, Transferable Development Rights, which Chapter shall authorize and regulate
the partition and transfer of development rights from their associated parcels and connection
to different parcels, shall read as follows:
Chapter 26.535
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
Sections:
26.535.010 Purpose
26.535.020 Terminology
26.535.030 Applicability and Prohibitions
26.535.040 Authority
26.535.050 Procedure for Establisl1ing a Historic TDR Certificate.
26.535.060 Procedure for Extinguishing a Historic TDR Certificate.
26.535.070 Review Criteria forEstablishlllelltof a Histo..icl'))l1(.
26.535.080 Review Criteria for Extinguishment of a Historic TlJiR.
26.535.090 Application Materials.
26.535.100 Appeals
26.535.010 Purpose.
The purpose of this Chapter is to encourage the preservation of Historic Landmarks, those properties
listed on the Aspen Inventory of Historic Landmark Sites and Structures, within the City of Aspen by
permitting those property owners to sever and convey, as a separate development right, undeveloped
Floor Area to be developed on a different and non-historic property within the City of Aspen. The
program enables standard market forces, and the demand for residential Floor Area, to accomplish a
community goal of preserving Aspen's heritage as reflected in its built environment.
26.535.020 Terminology.
Historic Transferable Development Right Certificate (Historic TlJR Certificate): An irrevocable
assignable property right which allows a certain amount of development, which may be
conveyed separate from the property in which it has historically been associated (the Sending
Site), and which may be used to increase development rights on another property (the
Receiver Site), TDR Certificates shall be considered bearer instruments upon execution by the
Mayor ofthe City of Aspen, pursuant to a validly adopted Ordinance,
"Sending Site:" The designated Historic Landmark property being preserved by reducing its
allowable Floor Area in exchange for the City establishing and issuing a Historic TDR
Certificate,
Ordinance No, 5
Series of 2003.
Page 84
"Receiver Site:" A property on which developments rights are incrleased in exchange for the, City
extinguishing a Historic TDR Certificate held by the developer of the property.
Establishment of a TDR: The process of creating a Historic TDR Certificate in exchange for a
property owner lessening the allowable development on a historic property (the Sending Site)
through a permanent deed restriction,
Extinguishment of a TDR: The process of increasing the allowable development on a property
(the Receiver Site), as permitted in the zone district, through the redemption of a Historic
TDR Certificate,
26.535.030 Applicability and Prohibitions.
This Chapter shall apply to properties eligible for issuance of a Historic TDR Certificate, known as
Sending Sites, and properties eligible for the extinguishment of a Historic TDR Certificate, known as
Receiving Sites. City of Aspen Historic TDR Certificates may only be used within the city limits of
the City of Aspen, as hereinafter indicated, or in unincorporated Pitkin County, if and as may be
pennitted by the Pitkin County Land Use Code, Pitkin County TDRs are not eligible for
extinguishment within, the City of Aspen.
Sending Sites shall include all properties within the City of Aspen designated as a Historic Landmark,
those properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, in which
the development of a single-family or duplex home is a permitted use, according to Chapter 26,710,
Zone Districts, Properties on which such development is a conditional use shall not be eligible,
Sending Sites may also be established through adoption of a Final PUD Development Plan, pursuant
to Chapter 26.445,
Sending sites shall remain eligible for all benefits, bonuses, etc. allowed properties designated a
Historic Landmark after establishment of transferable development rights, pursuant to Chapter
26.415,
Receiving Sites shall include all properties in the City of Aspen permitted additional development
rights for extinguishment of a Historic TDR in Chapter 26.710, Zone Districts, not including any
property designated as a Historic Landmark. A property may also be designated as a Receiving Site
through adoption of a Final PUD Development Plan, pursuant to Chapter 26.445,
The allowable development for extinguishment of a Historic TDR Certificate varies depending upon
the zone district of the Receiving Site and the use of the land, Chapter 26,710, Zone Districts,
describes the development allowance for each Historic TDR Certificate extinguished,
A Historic TDR Certificate may be sold, assigned, transferred, or conveyed, Transfer of Title shall be
evidenced by an assignment of ownership on the actual certificate document. Upon transfer, the new
owner may request the City re-issue the certificate acknowledging thf: new owner. Re-issuance shall
not require re-adoption of an ordinance,
Ordinance No, 5
Series of 2003,
Page 85
The market for Historic TDR Certificates is unrestricted and the City shall not prescribe or guarantee
the monetary value of a Historic TDR Certificate,
The Community Development Director shall establish policies and procedures not inconsistent with
this Chapter for the printing of certificates, their safe-keeping, distribution, recordation, control, and
extinguishments,
26.535.040 Authority.
The City Council, in accordance with the procedures, standards, and limitations of this Chapter and of
Common Development Review Procedures, Section 26.304, shall approve or disapprove, pursuant to
adoption of an ordinance, a land use application for the establishment of Historic Transferable
Development Rights. The Mayor of the City of Aspen, in accordance with the procedures, standards,
and limitations of this Chapter and of Common Development Review Procedures, Section 26.304,
shall validate and issue Historic TDR Certificatys, pursuant to a validly adopted ordinance,
The Community Development Director, in accordance with the procedures, standards, and limitations
of this Chapter and of Common Development Review Procedures, Section 26.304, shall approve or
disapprove a land use application for the extinguishment of Historic Transferable Development
Rights,
26.535.050 Procedure for Establishing a Historic Transferable Developmeut Right Certificate.
The following steps are necessary for the issuance of a City of Aspen Historic Transferable
Development Right Certificate
Pre-application Conference. Property owners interested in the City's Historic TDR program are
encouraged to meet with a member of, the "Community Development Department to clarify the
process, benefits, and limitations of the program,
Owner confirmation.
An application for the issuance of a Historic TDR Certificate, shall only be accepted by the City upon
submission of a notarized affidavit from tl1e Sending Site property owner signifying understanding of
the following concepts:
. A deed restriction will permanently encumber the Sending Site and restrict that property's
development rights to below that allowed by right by zoning according to the number of Historic
TDR Certificate established from that Sending Site.
. For each certificate of development right issued by the City for the particular Sending Site, that
property shall be allowed two-hundred and fifty (250) square feet less of Floor Area, as permitted
according to the property's zoning, as amended,
. The Sending Site property owner shall have no authority over the manner in which the certificate
of development right is used by subsequent owners ofthe Historic TDR Certificate,
Ordinance No, 5
Series of 2003.
Page 86
Application for Issnance of Historic TDR Certificate. "An applicant shall supply the necessary
application materials, identified in Section 26.535,080, Application Materials, along with applicable
review fees.
City Review and Approval of Application. The Community Development Department shall review
the application according the review standards identified in Section 26,535,060, Review Standards for
Establishment of a Historic TD~, Certificate, and shall forward a recommendation to the City
CounciL The City Council shall approve or disapprove the establisIuIlent' of a Historic TDR
Certificate by adoption of an Ordinance, according to the review standards identified in Section
26,535,060, Review Standards for Establishment of a Historic TDR Certificate,
Scheduling of Closing Date. Upon satisfaction of all relevant requirements, the City and the
applicant shall establish a date on which the respective Historic TDR Certificates shall be validated
and issued by the City and a deed restriction on the property shall be accepted by the City and filed
with the Pitkin County Clerk and Recorder.
Closing. On the mutually agreed upon closing date, the Mayor ofthe City of Aspen shall execute and
deliver the applicable number of Historic TDR Certificates to the property owner and the property
owner shall execute and deliver a deed restriction lessening the available development right of the
Sending Site together with the appropriate fee for recording the deed restriction with the Pitkin
County Clerk and Recorder's Office.
26.535.060 Procedure for Extinguishing a Historic Transferable Development Right
Certificate.
The following steps are necessary for the extinguishment of a City of Aspen Historic Transferable
Development Right Certificate
Pre-application Conference. Property owners interested in the City's Historic TDR program are
encouraged to meet with a member of, the Community Development Department to clarify the
process, benefits, and limitations of the program, Applicants are encouraged to meet with the City
Zoning Officer and review potential development plans to ensure the additional development right
can be properly incorporated on the Receiver Site.
Associated Planning Reviews. An applicant must gam all other necessary approvals for the
proposed development, as established by this Title.
Application for Bnilding Permit. An applicant shall submit the necessary materials for a building
permit, pursuant to Section 26.304,075, Building Permit.
Confirmation of Historic TDR Certificate. The applicant shall submit the requisite Historic TDR
Certificate(s) and the City shall confirm its, or their, authenticity,
Ordinance No.5
Series of2003,
Page 87
City Review of Application. The Community Development Department shall review the application
according the review standards identified in Section 26.535,070, Review Standards for
Extinguishment of a Historic TDR Certificate,
Extinguishment of Historic TDR Certificate. Prior to, and as a condition of, issuance of a building
permit for a development on a Receiver Site requiring the extinguishment of a Historic TDR
Certificate, the applicant shall assign the requisite Historic TDR Certificate(s) to the City of Aspen
whereupon the certificates shall be marked "extinguished." The property shall permanently maintain
the additional development benefit of the extinguished TDR according to the development allowance
for a TDR pursuant to Section 26,710 Zone Districts, The property owner may, at their discretion,
record a confirmation letter from the Community Development Director acknowledging the
extinguishment of the TDR(s) for the Receiver Site.
26.535.070 Review Criteria for Establishment of a Historic Tralllsferable Development Right.
A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City Council,
pursuant to adoption of an ordinance, finds all the following standards met:
1, The Sending Site is a Historic Landmark on which the development of a single-family or duplex
residence is permitted use, pursuant to Chapter 26.710. Properties on which such development is
a conditional use shall not be eligible,
2. It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a
single-family or duplex home, equaling or exceeding two-hundred and fifty (250) square feet of
, Floor Area multiplied by the number of Historic TDR Certificates requested,
3, It is demonstrated that the establishment of TDR Certificates will not create a nonconformity, In
cases where nonconformity already exists, the action shall not increase the specific
nonconformity,
4, The analysis of unbuilt development right shall only include the actual built development and any
approved development order and shall not include the potential of the Sending Site to gain Floor
Area bonuses, exemptions, or similar potential development incentives,
5, Any development order to develop Floor Area, beyond that remaining appurtenant to the property
after establishment ofTDR Certificates, shall be considered null and void,
6. The proposed deed restriction permanently restricts the development of the property to an
allowable Floor Area not exceeding the allowance for a single-family or duplex residence minus
two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR
Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall
stipulate a square footage reduction from the allowable Floor Area, as may be amended from time
to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or
exemptions as may be authorized and as may be amended from time to time, The form of the
deed restriction shall be acceptable to the City Attorney,
7, A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements,
the City shall execute and deliver the applicable number of Historic TDR Certificates to the
Sending Site property owner and that property owner shall execute and deliver a deed restriction
Ordinance No.5
Series of 2003,
Page 88
City Review of Application. The Community Development Department shall review the application
according the review standards identified in Section 26,535,070, Review Standards for
Extinguislunent of a Historic TDR Certificate,
Extingnishment of Historic TDR Certificate. Prior to, and as a condition of, issuance of a building
permit for a development on a Receiver Site requiring the extinguislunent of a Historic TDR
Certificate, the applicant shall assign the requisite Historic TDR Certificate(s) to the City of Aspen
whereupon the certificates shall be marked "extinguished." The property shall permanently maintain
the additional development benefit of the extinguished TDR according to the development allowance
for a TDR pursuant to Section 26,710 Zone Districts, The property owner may, at their discretion,
record a confirmation letter from the Community Development Director acknowledging the
extinguislunent of the TDR(s) for the Receiver Site.
26.535.070 Review Criteria for Establishment of a Historic Transferable Development Right.
A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City Council,
pursuant to adoption of an ordinance, finds all the following standards met:
L The Sending Site is a Historic Landmark on which the development of a single-family or duplex
residence is permitted use, pursuant to Chapter 26,710. Properties on which such development is
a conditional use shall not be eligible,
2, It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a
single-family or duplex home, equaling or exceeding two-hundred and fifty (250) square feet of
Floor Area multiplied by the number of Historic TDR Certificates requested,
3, It is demonstrated that the establislunent of TDR Certificates will not create a nonconformity, In
cases where nonconformity already exists, the action shall not increase the specific
nonconformity,
4, The analysis of un built development right shall only include the actual built development and any
approved development order and shall not include the potential of the Sending Site to gain Floor
Area bonuses, exemptions, or similar potential development incentives,
5, Any development order to develop Floor Area, beyond that remaining appurtenant to the property
after establislunent ofTDR Certificates, shall be considered null and void,
6, The proposed deed restriction permanently restricts the development of the property to an
allowable Floor Area not exceeding the allowance for a single-family or duplex residence minus
two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR
Certificates established, The deed restriction shall not stipulate an absolute Floor Area, but shall
stipulate a square footage reduction from the allowable Floor Area, as may be amended from time
to time, The Sending Site shall remain eligible for certain Floor Area incentives and/or
exemptions as may be authorized and as may be amended from time to time, The form of the
deed restriction shall be acceptable to the City Attorney.
7. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements,
the City shall execute and deliver the applicable number of Historic TDR Certificates to the
Sending Site property owner and that property owner shall execute and deliver a deed restriction
Ordinance No.5
Series of 2003,
Page 88
lessening the available development right of the subject property together with the appropriate fee
for recording the deed restriction with the Pitkin County Clerk and Recorder's Office.
8, It shall be the responsibility of the Sending Site property owner to provide building plans and a
zoning analysis of the Sending Site to the satisfaction of the Community Development Director.
Certain review fees may be required for the confirmation of built Floor Area,
26.535.080 Review Criteria for Extinguishment of a Historic Transferable Development Right.
Historic TDR Certificates may be extinguished to accommodate additional development of a non-
Historic Landmark property, a property not listed on the Aspen Inventory of Historic Landmark Sites
and Structures, if the Community Development Director finds the following standards have been met:
1. The Receiving Site is not restricted by a prescribed Floor Area limitation or the restricting
document permits the extinguishment of Historic Tt:>R, Certificates for additional development
rights.
2, The Receiving Site is not listed on the Aspen Inventory of Historic Landmark Sites and Structures
and is eligible to receive an increase in development rights as specified in Chapter 26,710,
according to the zone district and the land use, or as otherwise spt:cified in a Final PUD Plan for
the property.
3, All other necessary approvals for the proposed development on the Receiver Site, as established
by this Title, have been obtained,
4, The applicant has submitted the requisite original Historic TDR Certificate(s) for redemption.
5, The applicant has submitted the necessary materials for a building permit on the Receiver Site,
pursuant to Section 26.304.075, Building Permit, and the additional development can be
accommodated on the Receiver Site in conformance with all other relevant requirements,
6. Prior to, and as a condition of, issuance of a building permit for a development requiring the
extinguishment of a Historic TDR Certificate(s), the applicant shall assign and deliver the original
certificate(s) to the City of Aspen whereupon the certificate(s) shaH be marked "extinguished,"
7, The Community Development Director shall issue a letter confirming the extinguishment of the
TDR Certificate(s) and increasing the available development rights of the Receiver Site, The
applicant may wish to record this document with the Piktin County Clerk and Recorder. The
confirmation letter shall not stipulate an absolute total Floor Area, but shall stipulate a square
footage increase from the allowable Floor Area, according to the zone district and land use of the
Receiver Site at the time of building permit submission, The Receiver Site shall remain subject to
amendments to the allowable Floor Area and eligible for certain FloQr Area incentives and/or
exemptions as may be authorized and as may be amended from time to time, The form of the
confirmation letter shall be acceptable to the City Attorney,
8. The development allowed on the Receiver Site by extinguishment of Historic TDR Certificate(s)
shall be that allowed in Chapter 26,710, according to the zone district and the land use, or as
otherwise specified in a Final POD Plan for the receiver Site and shall not permit the creation of a
non-conforming use or structure,
Ordinance No,S
Series of2003,
Page 89
26.535.090 Application Materials.
A, The contents of a development application to establish a Historie TDR Certificate shall be as
follows:
1, The general application information required in Common Procedures, Section 26.304,
2, A notarized affidavit frOInthe Sending Site property owner signifying acknowledgment of the
following:
. A deed restriction will permanently encumber the Sending Site and restrict that property's
development rights to below that allowed by right by zoning according to the number of
Historic TDR Certificate established from that Sending Site,
. For each certificate of development right issued by the City for the particular Sending Site,
that property shall be allowed two-hundred and fifty (250) square feet less of Floor Area,
as permitted according to the property's zoning, as amended,
. The Sending Site property owner shall have no authority over the manner in which the
certificate of development right is used by subsequent owners of the Historic TDR
Certificate,
3, A Site Improvement Survey of the Sending Site depicting:
a) Existing natural and man-made site features,
b) All legal easements and restrictions,
4, Dimensioned, scaled drawings of the existing development on the Sending Site and a Floor
Area analysis of all structures thereon,
5. A proposed deed restriction for the Receiver Site,
6. Written response to each of the review criteria,
B. The contents of a development application to extinguish a Historic TDR Certificate shall be as
follows:
I. The necessary application materials for a complete building permit submission, pursuant to
Section 26.304,075, Building Permit.
2, Written response to each ofthe review criteria.
26.535.100 Appeals
An applicant aggrieved by a determination made by the Community Development Director, pursuant
to this Section, may appeal the decision to the City Council, pursuant to the procedures and standards
of Section 26.316, Appeals,
An applicant aggrieved by a determination made by the City Council, pursuant to this Section, may
appeal the decision to a court of competent jurisdiction,
Ordinance No, 5
Series of2003,
Page 90
Section 16:
The effective date af Chapter 26.535, Transferable Develapment Rights, shall became effective
ninety (90) days after the final adaptian af this ardinance sa as to' permit proper certificates to' be
produced by the Cammunity Develapment Directar.
Section 17:
Sectian 26,575.020(A), Calculatians and Measurements, which sectian describes the manner in which
Flaar Area is calculated, shall read as fallaws:
26.575.020 Calculations and Illeasurelllent~. , The purpase af this Sectian is to' set farth
supplemental regulatians which relate to' methads far calculating and measuring certain enumerated
terms as used in this Title, The definitians afthe t~rms m.:eset farth,at Sestian 26,104.100:
A. Floor Area. In measuring flaar areas far flaar area ratianand allawable flaararea, the fallawing
applies:
[nO' changes to' subsections 1-5]
6, Accessorv Dwellimz Units and CarriaiZe Hou~es, An Accessary Dwelling Unit ar Carriage House
shall be calculated and attributed to' the allowable floor area far a. parcel with the same inclusians
and exclusians for calculating Floar Area as defined in this Sectian, unless eligible far an
exemptian as described belaw:
Detached and vermanentlvaffordable ADU or, CarriaiZeHouse Floor Area, Exemption" One
Hundred (100) percent af the Flaar Area af an ADUar Carriage Hause which is detached fram
the primary residence and deed restricted as a "Far Sale" af{ar(iable hausing unit and transferred
to' a qualified purchaser in accardance with the Aspen/Pitkin Caunty Hausing Autharity
Guidelines, as amended, shall be excluded framthe calculatiallaJElparArea, up to' a maximum
exemptian af 1,200 square feet.
7. Affordable HousiniZ Bonus, The Flaar Area af a parcel cantaining a single-family ar duplex
residence and a permanently affardable "far sale" ADU ar Carriage Hause lacated an the same
parcel which has been transferred to' a qualified purchaser in accordance with the Aspen/Pitkin
Caunty Hausing Autharity Guidelines, as amended, shall be eligible for an Affardable Hausing
Flaar Area banus equal to' ar lesser than the Flaar Area afthe assaciated ADU ar Alley Hause up
to' a maximum banus af 1,200 square feet.
8, Linked Pavilion. Any element linking the principal structure to' an accessary structure shall nat be
included in the calculatian af flaar area provided that the linking structure is nO' mare than ane (I)
stary tall, six (6) feet wide and ten (10) feet lang. Areas aflinking structures in excess aften feet
in length shall be caunted in flaar area,
Ordinance NO'. 5
Series af2003,
Page 91
Section 18:
Section 26,575.020(B), Methods of Measurement for Varying Types of Roofs, which section
describes the manner in which building heights are calculated, shall read as follows:
B. Building Heights.
L Methods of Measurement for Varyinz Tvves of Roofs,
In the Commercial Core (CC), Comrnercial (CI), Neighborhood Commercial (Ne), and
Service/Commercial/Industrial (SCI) Zone Districts, the height of the building shall be the
maximum distance measured vertically from the natural or finished grade, whichever is lower,
to the top, ridge, or parapet of the structure. For structures in all other zone districts, the
height shall be measured as follows:
a, Flat Roofs or Roofs With a Slope of Less Than 3: 12. The height of the building shall
be the maximum distance measur<:)d vertically from the natural or finished grade,
whichever is lower, to the top or ridge of a flat, mansard, or other roof with a slope of less
than 3:12,
b. Roofs With a Slope From 3:12 to 7:12, For roofs with a slope from 3:12 to 7:12,
height shall be measured vertically from the natural or finished grade, whichever is lower,
to the mean height between the eave point and ridge of a gable, hip, gambrel or other
similar pitched roof. The ridge of a gable, hip, gambrel, or other pitched roof shall not
extend over five feet above the maximum height limit,
c. Roofs With a Slope of 8:12 or Greater, Forroofs with a slope of8:12 or greater, height
shall be measured vertically from the natural or finished grade, whichever is lower, to a
point one-third (1/3) of the distance up from the eave point to the ridge, There shall be no
limit on the height of the ridge. Chimneys and other appurtenances may extend up to a
maximum of two (2) feet above the ridge.
d, Chimneys, Antennas and Other Appurtenances, Antennas, chimneys, flues, vents or
similar structures shall not extend over ten (10) feet above the specified maximum height
limit, except for roofs with a pitch of8:12 or greater, these elements may not extend more
than two (2) feet above the ridge, Water towers and mechanical equipment shall not
extend over five (5) feet above the specified maximum height limit. Church spires, bell
towers and like architectural proj ections, as well as flag poles, may extend over the
specified maximum height limit.
2, Excevtions for Buildinzs on Sloves, The maximum height of a building's front (street facing)
facade may extend for the first thirty (30) feet of the building's depth,
3, Excevtions for Areawavs. Lizhtwells and Basement Stairwells. An area'Nay, li~htwell or basement
stairwell of less than one hundred (100) square feet, entirely recessed behind the vertical plane
established by the portion of the building facade which is closest to the street, and enclosed on all
four sides to within eighteen (18) inches of the first floor level shall not be counted towards
maximum permissible height.
Ordinance No, 5
Series of 2003,
Page 92
Section 19:
Section 26,575.020(E), Measurement for Demolition, which section describes the mannerinwhich
demolition of a building is calculated and detennined, shall read as follows:
E. Measurement of Demolition. The City Zoning Officer shall detennine if a building is
intended to be, or has been, demolished by applying the following proce:ss of calculation,
,
The applicant shall prepare and submit a diagram showing the following:
L The surface area of all existing exterior wall assemblies, including fenestration, above
finished grade and all existing roof assemblies.
2. The surface area of the portion of the exterior wall assembly above finished grade and all roof
assembly to be removed, including the removal of fenestration or the removal of wall area to
accoml1lodate new fenestration,
3. The diagram shall depict each wall and roof segment as a flat plane with an area tabulation,
Exterior wall assembly and roof assembly shall constitute the surface of that element in addition to
the necessary subsurface components for its structural integrity, inclusive of all fenestration, If a
portion of a wall or roof structural capacity is to be removed, including the removal of fenestration,
the surface area shall be diagrammed as being removed, Installation of new fenestration shall be
calculated as wall area to be removed.
According to the prepared diagram, the surface area of all portions of the exterior to be removed shall
be divided by the surface area of all portions of the exterior of the existing structure and expressed as
a percentage. This percentage shall be used to detennine if the building is to be demolished
according to the definition of Demolition, Section 26,104.100,
It shall be the responsibility of the applicant to accurately understand the structural capabilities of
remaining elements. Failure to properly understand the structural capacity of elements intended to
remain may result in an involuntary collapse of those portions and a requirement to recalculate the
extent of demolition.
Ordinance No, 5
Series of 2003.
Page 93
Section 20:
Section 16.575,030, Pedestrian Amenity, which section authorizes, describes, and regulated
requirements for development to provide pedestrian amenities, shall read as follows:
26.575.030 Pedestrian Amenity
A. Purpose. The City of Aspen seeks a vital, pleasant downtown pedestrian environment.
Pedestrian Amenity contributes to an attractive downtown retail district by creating public places and
settings conducive to an exciting pedestrian shopping and entertaimnent atmosphere, Pedestrian
amenity can take the form of physical or operational improvements to public rights-of-way or private
property within commercial areas. Pedestrian Amenity provided on private property is referred to as
On-Site Pedestrian Space in this section,
B. Applicability. The requirements of this Section shall apply to the development of all land
within the area bounded by Main Street, Original Street, Dean Street. and Aspen Street. This area
represents Aspen's primary pedestrian-oriented commercial district. The linear extension of these
streets shall be used to determine the boundary in instances where these streets are not developed,
Whenever a parcel straddles this boundary the requirement shall be lessened proportionately for that
parcel. Exempt from these provisions shall be development consisting emtirely of residential uses,
C. Provision of Pedestrian Amenity. Upon development, or redevelopment, twenty (20) percent
of each parcel within the applicable area shall be developed as Pedestrian Amenity, Any combination
of the following methods may be used such that the twenty (20) percent standard is reached:
L On-Site Provision of Pedestrian Amenitv Space, A portion of the parcel designed in a manner
meeting the Design and Operational Standards for On-Site Pedestrian Space, Section
26,575,030(C), The Planning and Zoning Commission shall review the site plan, pursuant to
section 26.412, Commercial Design Review.
2, Off-Site Provision of Pedestrian Amenity, Proposed pedestrian amenities and improvements
to the pedestrian environment within proximity of the development site may be approved at
the option of the Community Development Director. Off-Site improvements shall equal or
exceed the value of an otherwise required cash-in-lieu payment and be consistent with any
public infrastructure capital improvement plan for that area,
3, Cash-in-lieu Provision, The City shall accept a cash-in-lieu payment for any portion of
required pedestrian space not otherwise physically provided, according to the procedures and
limitations of Section 26,575.030, Cash-in-Lieu Payment.
4, Alternative Method, The Planning and Zoning Commission may accept any method of
providing Pedestrian Amenity not otherwise described herein if the Commission finds that
such method equals or exceeds the value of an otherwise required cash-in-lieu payment.
D. Reduction of Requirement. The Planning and Zoning Commission, pursuant to Section
26.412, Commercial Design Review, may reduce the pedestrian amenity requirement by any amount,
such that no more than half the requirement is waived, as an incentive for well-designed projects
having a positive contribution to the pedestrian environment.
Ordinance No, 5
Series of2003,
Page 94
The Historic Preservation Commission, pursuant to Chapter 26.415, may reduce by any amount the
requirements ofthis section for Historic Landmark properties upon one of the following scenarios:
1, When the Historic Preservation Commission approves the on-site relocation of a Historic
Landmark such that the amount of on-site pedestrian space is reduced below that required by
this Title,
2. When the manner in which a Historic Landmark building was originally developed reduces
the amount of on-site pedestrian amenity required by this Title.
3. When the redevelopment or expansion of a Historic Landmark constitutes and exemplary
preservation effort and deserving of a preservation incentive,
E. Payment in lieu. When the method of providing pedestrian amenity includes a cash-in-lieu
payment, the following provisions and limitations shall apply:
Formula for determining cash-in-lieu payment:
Payment = [Land Value] x [Pedestrian Amenity Percentage]
Where: Land Value = Value of the unimproved land,
Pedestrian Amenity Percentage = Percent of the parcel required to be provided
as a pedestrian amenity, pursuant to Section 26,575,030(B) lessened by other
methods of providing the amenity.
Land Value shall be the lesser of fifty (50) dollars per square foot multiplied by the number of
square feet constituting the parcel or the appraised value of the unimproved property,
determined by the submission of a current appraisal performed by a qualified professional real
estate appraiser and verified by the Community Development Director. An applicant may
waive the current appraisal requirement only by accepting the fifty (50) dollar per square foot
standard,
The payment-in-lieu of pedestrian amenity shall be due and payable at the time of issuance of
a building permit The City Manager, upon request, may allow the required payment-in-lieu to
be amortized in equal payments over a period of up to five years, with or without interest
All funds shall be collected by the Community Development Director and transferred to the
Finance Director for deposit in a separate interest bearing account Monies in the account shall
be used solely for the purchase, development, or capital improvement of land or public rights-
of-way for open space, pedestrian amenity, or recreational purposes within or adjacent to the
applicable area in which this requirement applies. Funds may be used to acquire public use
easements,
Fees collected pursuant to this section may be returned to the then present owner of property
for which a fee was paid, including any interest earned, if the fees have not been spent within
seven (7) years from the date fees were paid, unless the City Council shall have earmarked the
funds for expenditure on a specific project, in which case the City Council may extend the
time period by up to three (3) more years, To obtain a refund, the present owner must submit a
Ordinance No, 5
Series of 2003,
Page 95
petition to the Finance Director within one (1) year following the end of the seventh (7th) year
from the date payment was received.
For the purpose of this section, payments shall be spent in the order in which they are
received. Any payment made for a project for which a building permit is canceled, due to
non-commencement of construction, may be refunded if a petition for refund is submitted to
the finance director within, three (3) months of the date of the cancellation of the building
permit. All petitions shall be accompanied by a notarized, sworn statement that the petitioner
is the current owner of the property and by a copy of the dated receipt issued for payment of
the fee,
F. Design and Operational Standards for On-Site Pedestrian Space. Pedestrian space, on all
land in which pedestrian space is required, shall comply with the following provisions and
limitations:
1. Oven to View, Pedestrian space areas shall be open to view from the street at pedestrian level,
which view need not be measured at right angles.
2, Oven to Skv, Pedestrian space areas shall be open to the sky, Temporary coverings, such as
umbrellas and retractable canopies are permitted, Any permanent obstruction to the sky shall
require review and approval by the Planning and Zoning Commission, pursuant to Section
26.412 Commercial Design Review. Such approved structures shall not be considered as
floor area or a reduction in pedestrian space on the parceL
3, No WallslEnclosures,Pedestri~space areas shall not be enclosed. Temporary structures,
tents, air exchange entries, plastic canopy walls, and similar devices designed to enclose the
space are prohibited, unless approved as a temporary use, pursuant to Section 26.450, Low
fences or walls shall only be permitted within or around the perimeter of pedestrian space if
such structures shall permit views from the street into and throughout the pedestrian space,
Trellis structures shall only be proposed in conjunction with commercial restaurant uses on a
designated Historic Landmark or within (H) Historic overlay zones and must be approved by
the Historic Preservation Commission pursuant to review requirements contained in Chapter
26.415, Such approved structures shall not be considered as floor area or a reduction in
pedestrian space on the parceL
4, Prohibited Uses, , Pedestrian space areas shall not be used as storage areas, utility/trash service
areas, delivery area, parking areas or contain structures of any type, except as specifically
provided for herein, Vacated rights-of-way shall be excluded from pedestrian space
calculations,
5, Grade Limitations. Required pedestrian space shall not be more than four (4) feet above or
two (2) feet below the existing grade of the street which abuts the pedestrian space, unless the
pedestrian space shall follow undisturbed natural grade, in which case there shall be no limit
on the extent to which it is above or below the existing grade of the street.
6, Pedestrian Links, ,In the event that the City of Aspen shall have adopted a trail plan
incorporating mid-block pedestrian links, any required pedestrian space must, if the city shall
so elect, be applied and dedicated for such use,
Ordinance No, 5
Series of 2003.
Page 96
7, LandscavinlZ Plan, Prior to issuance of a building permit, the chief building official shall
require site plans and drawings of any required pedestrian space area, including a landscaping
plan, and a bond in a satisfactory form and amount to insure compliance with any pedestrian
space requirements under this title,
8, Maintenance of LandscaDinlZ., Whenever the landscaping required herein is not maintained"
the chief building official, afterthirty (30) days written notice to the owner or occupant of the
property, may revoke the certificate of occupancy until said party complies with the
landscaping requirements of this section.
9, Commercial Activitv, No area of a building site designated as required pedestrian space under
this section shall be used for any commercial activity, including, but not limited to, the
storage, display, and merchandising of goods and services; provided, however, that the
prohibition of this subsection shall not apply when such use is in conjunction with permitted
commercial activity on an abutting right-of-way or is otherwise permitted by the City,
10, Commercial Restaurant Use, The provisions above notwithstanding, required pedestrian space
may be used for commercial restaurant use if adequate pedestrian and emergency vehicle
access is maintained,
Section 21:
Section 26,575,040, Yards, which section regulates the type and amount of development within
required yards, shall read as follows:
26.575.040 Yards. The following supplemental regulations shall apply to all yards,
A. Projections Into Required Yards. Yards shall be unobstructed above and below ground
except for the following allowed projections:
1. BuildinlZ eaves--Eighteen (18) inches;
2. Architectural Droiections-- Eighteen (18) inches;
3, Individual balconies not utilized asa passageway (provided they do n~t project more
than one-third (1/3) the distance from the exterior wall to the properly line)--Four (4) feet;
4. Fire escaDes required by the Uniform Building Code--Four (4) feet;
5, Uncovered Dorches, slabs, Datios. walks. retaininlZ walls, steDs and similar structures,
which do not exceed thirty (30) inches above or below, natural grade, shall be permitted to
project into the yard without restriction. Projections may exceed thirty (30) inches below
grade if determined to be required by the chief building official for window egress.
6, Fences. hedlZes, berms and walls less than six (6) feet in height, as measured from
natural grade, are permitted in all required yard setbacks, (See, Supplementary Regulations -
Section 26,575,050, Fences,),
Ordinance No, 5
Series of 2003,
Page 97
7, Drivewavs Driveway access shall not exceed a depth or height greater than twenty-four
(24) inches above or below grade within the required front yard setback Within all other
required setbacks, driveway access shall not exceed a depth or height greater than thirty (30)
inches above or below grade, Parking is only permitted within required setbacks if it is in an
approved driveway or other area approved for parking.
8. Exterior merchandizinF!, Exterior merchandizing in non..residential zone districts shall
be prohibited in all required yard set backs.
Section 22:
Section 26.575,060, Utility/Trash Service Areas, which section describes requirements to
provide areas within a lot for the purpose of housing utility and trash facilities, shall read as
follows:
26.575.060 Utility/Trash Service Areas.
A, General. The following provisions shall apply to all utility/trash service areas:
I, Unless entirely located on an alleyway, all utility/trash service areas shall be fenced so
as not to be visible from the street, and such fences shall be six (6) feet high from grade. All
fences shall be of sound construction and shall be no less than 90% opaque,
2, Whenever this Title shall require that a utility/trash service area be provided abutting
an alley, buildings may extend to the rear property line if otherwise allowed by this title
provided that an open area be provided which shall be accessible to the alley, and which meets
the dimensional requirements of Chapter 26.480,
3, A minimum of twenty (20) linear feet of the utility/trash service area shall be reserved
for box storage, utility transformers or equipment, or building access, and trash facilities, The
area shall have a minimum vertical clearance of 10 feet and a minimum depth of I () feet at
ground leveL The Planning and Zoning Commission may reduce the required dimensions of
this area by special review (see Chapter 26.430) and in accordance with the standards set forth
below at Section 26.575,060(B),
Section 23:
Section 26,575.070, Use Square footage Limitations, which section regulates the size of businesses in
certain commercial zone districts, shall be eliminated,
Ordinance No.5
Series of 2003,
Page 98
Section 24:
Section 26.710.040, Medium-Density Residential (R-6) Zone District, which section regulates
development within the Medium-Density Residential District, shall read as follows:
26.710.040 Medium-Density Residential (R-6).
A. Purpose. The purpose of the Medium-Density Residential (R-6) zone district is to provide
areas for long term residential purposes with customary accessory uses. Recreational and institutional
uses customarily found in proximity to residential uses are included as conditional uses. Lands in the
Medium-Density Residential (R-6) zone district are generally limited to the original Aspen Townsite,
contain relatively dense settlements of predominantly detached and duplex residences, and are within
walking distance of the center ofthe City.
B. Permitted uses. The following uses are permitted as of right III the Medium-Density
Residential (R -6) zone district:
1. Detached residential dwelling.
2. Duplex.
3. Two detached residential dwellings.
4. Home occupations.
5. Accessory buildings and uses.
6. Accessory dwelling units and Carriage Houses meeting the provisions of Section 26.520.
C. Conditional uses. The following uses are permitted as conditional uses in the Medium-
Density Residential (R-6) zone district, subject to the standards and procedures established in Chapter
26.425:
1. Arts, Cultural, and Civic Uses.
2. Academic Uses.
3. Recreational Uses.
4. Group home.
5. Child care center.
6. For historic landmark properties: bed and breakfast and boardinghouse.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Medium-Density Residential (R-6) zone district:
1. Minimum lot size (sQuare feet): 6,000. For Historic Landmark Properties: 3,000.
2. Minimum lot area ver dwellinz- unit (sQuare feet):
a) Detached residential dwelling: 4,500. For Historic L~mdmark Properties; 3,000.
b) Duplex: 4,500. For Historic Landmark Properties: 3,000. For properties subdivided
as of April 28, 1975: 4,000. For properties annexed subsequent to January 1,
1989: 3,750.
c) Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet); 60. For Historic Landmark Properties: 30.
4. Minimum front vard (feet); Principal buildings: 10. Accessorybuildings: 15.
5. Minimum rear yard (feet): Principal buildings: 10. Accessory buildings: 5.
Ordinance No.5
Series of2003.
Page 99
6.
* Two detached residential dwelling on one lot shall not be subject to the combined side
yard setback requirements, provided that the minimum distance between the two buildings
shall be ten (10) feet.
For purposes of calculating the minimum side yard setback for lots within the Hallam Lake
Bluff Enviroumentally sensitive Area (ESA), the area below the top of slope shall be
subtracted from lot size.
7.
Ordinance No.5
Series of 2003.
Page 100
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8. Maximum height (feet): 25
9. Minimum distance between detached buildings on the lot (feet): 5.
10. Percent of open space required for building site: No requirement.
11. Floor Area Ratio a lies to confonning and nonconformin lots of record):
Ordinance No.5
Series of 2003.
Page 101
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*Total extemal floor area for multiple detached residential dwellings on one lot shall not
exceed the floor area allowed for one. duplex. Total external floor area for multiple detached
residential dwellings on a lot less than nine-thousand (9,000) square feet listed on the
Inventory of Historic Landmark Sites and Structures shall not exceed the floor area allowed
for one detached residential dwelling.
Each City of Aspen Historic Transferable Development Right certificate extinguished,
pursuant to Section 26.535, Transferable Development Rights, shall allow an additional 250
square feet of Floor Area. Each residence on the parcel, excluding Accessory Dwelling Units
and Carriage Houses, shall be eligible for one Floor Area increase in exchange for the
extinguishment of one Historic TDR. No more than one Floor .Area increase shall be allowed
per residence. Non-conforming uses and structures shall not be eligible for this Floor Area
increase.
Ordinance No.5
Series of 2003.
Page 102
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Section 25:
Section 26.710.050, Moderate-Density Residential (R-15) Zone District, which section regulates
development within the Moderate-Density Residential, shall read as follows:
26.710.050 :Moderate-Density Residential (R-15).
A. Purpose. The purpose of the Moderate-Density Residential (R-15) zone district is to provide
areas for long term residential purposes with customary accessory uses. Recreational and institutional
uses customarily found in proximity to resideIltial uses are included as conditional uses. Lands in the
Moderate-Density Residential (R-15) zone district typically consist of additions to the Aspen
Townsite and subdivisions on the periphery of the City. Lands within the Townsite bordering Aspen
Mountain are also included in the Moderate-Density Residential (R -15) zone district.
B. Permitted uses. The following uses are permitted as of right in the Moderate-Density
Residential (R -15) zone district:
1. Detached residential dwelling.
2. Duplex.
3. Two detached residential dwellings.
4. Home occupations.
5. Accessory buildings and uses.
6. Accessory dwelling units and Carriage Houses meeting the provisions of Section 26.520.
C. Conditional uses. The following uses are permitted as conditional uses in the Moderate-
Density Residential (R-15) zone district, subject to the standards lmd procedures established in
Chapter 26.425:
1. Arts, Cultural, and Civic Uses.
2. Academic Uses.
3. Agricultural Uses.
4. Recreational Uses.
5. Group home.
6. Child care center.
7. For historic landmark properties: bed and breakfast and boardinghouse.
D. ])imensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15) zone district.
1. Minimum lot size (sQuare feet): 15,000. For Historic Landmark Properties: 3,000.
2. Minimum lot area verdwellinz unit (sQuare feet!:
a. Detached residential dwelling: 15,000. For Historic Landmark Properties: 3,000.
b. Duplex; 7,500. For Historic Landmark Properties: 3,000.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 75. For Historic Landmark Properties: 30.
4. Minimum front vard setback (feet!:
Residential dwellings; 25.
Accessory buildings and all other buildings: 30.
Ordinance No.5
Series of2003.
Page 103
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5. Minimum side yard setback (feet): 10.
6. Minimum rear yard setback (feet):
Principal buildings: 10.
Accessory buildings: 5.
7. Maximum heiz-ht (feet!: 25.
8. Minimum distance between detached buildinz-s on the lot (feet): 10.
9. Percent of open space required for buildinz site: No requirement.
10. Floor area ratio (applies to conforminz and nonconforminz-lots of record):
Ordinance No.5
Series of 2003.
Page 104
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*Total external floor area for multiple detached residential dwellings on one lot shall not
exceed the floor area allowed for one duplex. Total external floor area for multiple detached
residential dwellings on a lot less than twenty-thousand (20,000) square feet listed on the
Inventory of Historic Landmark Sites and Structures shall not exceed the floor area allowed
for one detached residential dwelling.
Each City of Aspen Historic Transferable Development Right certificate extinguished,
pursuant to Section 26.535, Transferable Development Rights, shall allow an additional 250
. .- . .
square feet of Floor Area. Each residence on the parcel, excluding Accessory Dwelling Units
and Carriage Houses, shall be eligible for one Floor Area increase in exchange for the
extinguishment of one Historic TDR. No more than one Floor Area increase shall be allowed
per residence. Non-conforming uses and structures shall not be eligible for this Floor Area
Illcrease.
Ordinance No.5
Series of 2003.
Page 105
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Section 26:
Section 26.710.060, Moderate-Density Residential (R-15A) Zone District, which section regulates
development within the Moderate-Density Residential, shall read as follows:
26.710.060 Moderate-Density Residential (R-15A).
A. Purpose. The purpose of the Moderate-Density Residential (R.15A) zone district is to provide
areas for long term residential purposes with customary accessory uses. Recreational and institutional
uses customarily found in proximity to residential uses are included as conditional uses. Lands in the
Moderate-Density Residential (R-15A) zone district are similarly situated to those in the Moderate-
Density Residential (R -15) zone district and are lands annexed from Pitkin County from zone districts
in which duplexes are a prohibited use.
B. Permitted uses. The following uses are permitted as of right III the Moderate-Density
Residential (R-15A) zone district:
1. Detached residential dwelling.
2. Duplex, provided fifty (50) percent of the duplex units are restricted to affordable housing;
3. Two detached residential dwellings.
4. Home occupations.
5. Accessory buildings and uses.
6. Accessory dwelling units and Carriage Houses meeting the provisions of Section 26.520.
C. Conditional uses. The following uses are permitted as conditional uses in the Moderate-
Density Residential (R-15A) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Arts, Cultural, and Civic Uses.
2. Academic Uses.
3. Agricultural Uses.
4. Recreational Uses.
5. Group home.
6. Child care center.
7. For historic landmark properties: bed and breakfast and boardinghouse.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15A) zone district.
1. Minimum lot size (sQuare feet): 15,000. For Historic Landmark Properties: 3,000.
2. Minimum lot area per dwellinrz unit (sQuare feet):
a) Detached residential dwelling: 15,000. For IIistoric Landmark Properties: 3,000.
b) Duplex: 7,500. For Historic Landmark Properties: 3,000.
c) Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 75. For Historic Landmark Properties: 30.
4. Minimum front vard setback (feet):
Residential dwellings: 25.
Accessory buildings and all other buildings: 30.
Ordinance No.5
Series of 2003.
Page 106
5. Minimum side yard setback (feet): 10.
6. Minimum rear yard setback (feet):
Residential dwellings: 10.
Accessory buildings and all other buildings: 5.
7. Maximum heiiZht (feet): 25.
8. Minimum distance between detached buildinz-s on the lot (feet): 10.
9. Percent of open space reQuired for buildiniZ site: No requirement.
10. Floor area ratio (applies to conforminz- and nonconforminiZ lots of record):
Ordinance No.5
Series of 2003.
Page 107
*Total external floor area for multiple detached residential dwellings on one lot shall not
exceed the floor area allowed for one duplex. Total external floor area for multiple detached
residential dwellings on a lot less than twenty-thousand (20,000) square feet listed on the
Inventory of Historic Landmark Sites and Structures shall not exceed the floor area allowed
for one detached residential dwelling.
Each City of Aspen Historic Transferable Development Right certificate extinguished,
pursuant to Section 26.535, Transferable Development Rights, shall allow an additional 250
square feet of Floor Area. Each residence on the parcel, excluding Accessory Dwelling Units
and Carriage Houses, shall be eligible for one Floor Area increase in exchange for the
extinguishment of one Historic TDR. No more than one Floor Area increase shall be allowed
per residence. Non-conforming uses and structures shall not be eligible for this Floor Area
increase.
Ordinance No.5
Series of2003.
Page 108
~. '. ",<,):",,'i,~y:::,\'<'
l.
Section 27:
Section 26.710.070, Moderate-Density Residential (R-15B) Zone District, which section regulates
development within the Moderate-Density Residential, shall read as follows:
26.710.070 Moderate-Density Residential (R-15B).
A. Purpose. The purpose of the Moderate-Density Residential (R..15B) zone district is to provide
areas for long term residential purposes with customary accessory uses. Lands in the Moderate-
Density Residential (R-15B) zone district are similarly situated to those in the Moderate-Density
Residential (R-15) and (R-15A) zone districts, but are those in which single-family structures are a
permitted use and duplexes are prohibited.
B. Permitted uses. The following uses are permitted as of right in the Moderate-Density
Residential (R-15B) zone district:
1. Detached residential dwelling.
2. Home occupations.
3. Accessory buildings and uses.
C. Conditional uses. The following uses are permitted as conditional uses in the Moderate-
Density Residential (R-15B) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Agricultural Uses.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Moderate-Density Residential (R-15B) zone district:
1. Minimum lot size (sQuare feet): 15,000.
2. Minimum lot area per dwellinz- unit (square feet): 15,000.
3. Minimum lot width (feet): 75.
4. Minimum front vard setback (feet): 30.
5. Minimum side vard setback (feet): 5.
6. Minimum rear vard setback (feet):
Residential dwellings: 10.
Accessory buildings and all other buildings: 5.
7. Maximum heiz-ht (feet): 25.
8. Minimum distance between principal and accessory buildinz-s (feet): No requirement.
9. Percent of open space reQuired for buildinf! site; No requirement.
10. Floor area ratio (applies to conforming and nonconforming lots of record):
Ordinance No.5
Series of2003.
Page 109
~,.>.,;.".<.....;..,
Each City of Aspen Historic Transferable Development Right certificate extinguished,
pursuant to Section 26.535, Transferable Development Rights, shall allow an additional 250
square feet of Floor Area. Each residence on the parcel, excluding Accessory Dwelling Units
and Carriage Houses, shall be eligible for one Floor Area increase in exchange for the
extinguishment of one Historic TDR. No more than one Floor Area increase shall be allowed
per residence. Non-conforming uses and structures shall not be eligible for this Floor Area
increase.
Ordinance No.5
Series of2003.
Page 11 0
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Section 28:
Section 26.710.080, Low-Density Residential (R-30) Zone District, which section regulates
development within the Low-Density Residential, shall read as follows:
26.710.080 Low-Density Residential (R-30).
"\
A. Purpose. The purpose of the Low-Density Residential (R-30) zone district is to provide
areas for long term residential purposes with customary accessory uses. Recreational and
institutional uses customarily found in proximity to residential uses are included as conditional
uses. Lands in the Low-Density Residential (R-30) zone district are typically located along river
frontages in outlying areas of the City.
B. Permitted uses. The following uses are permitted as of right III the Low-Density
Residential (R-30) zone district:
1. Detached residential dwelling.
2. Duplex.
3. Home occupations.
4. Accessory buildings and uses.
5. Accessory dwelling units and Carriage Houses meeting the provisions of Section 26.520.
C. Conditional uses. The following uses are permitted as conditional uses in the Low-
Density Residential (R-30) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Arts, Cultural, and Civic Uses.
2. Academic Uses.
3. Agricultural Uses.
4. Recreational Uses.
5. Group home.
6. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Low-Density Residential (R-30) zone district:
1. Minimum lot size (sQuare feet); 30,000.
2. Minimum lot area per dwellini! unit (sQuare feet):
a) Detached residential dwelling; 30,000.
b) Duplex: 15,000.
3. Minimum lot width (feet!: 100.
4. Minimum front yard setback (feet):
Residential dwellings: 25.
Accessory buildings and all other buildings: 30.
5. Minimum side yard setback (feet!: 10
6. Minimum rear yard setback (feet!:
Residential dwellings: 15.
Accessory buildings: 5.
All other buildings: 30.
Ordinance No.5
Series of 2003.
Page 111
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"j,\''';:,;.,;/j; :,';',',".:"f:<: <',:,;;:"~;;~>\:,;~;:;;::;;,,,;,:,;'.0;0':;,;i::0"&'i,:;,,!:,1.:;;;:,.,.",'......,.,.. ". b
7. Maximum heii!ht (feet): 25.
8. Minimum distance between orincipal and accessory buildinf!s (feet!: 10.
9. Percent of open space reQuired for buildinz- site: No requirement.
10. Floor area ratio (applies to conforminf! and nonconforminf! lots of record):
Each City of Aspen Historic Transferable Development Right certificate extinguished,
pursuant to Section 26.535, Transferable Development Rights, shall allow an additional
Ordinance No.5 Page 112
Series of 2003.
"e ""'f\'c,..<..'.,.",,\,"':;"""
250 square feet of Floor Area. Each residence on the parcel, excluding Accessory
Dwelling Units and Carriage Houses, shall be eligible for one Floor Area increase in
exchange for the extinguishment of one Historic TDR. No more than one Floor Area
increase shall be allowed per residence. Non-conforming uses and structures shall not be
eligible for this Floor Area increase.
Ordinance No.5
Series of 2003.
Page 113
Section 29:
Section 26.710.090, Residential Multi-Family (RMF) Zone District, which section regulates
development within the Residential Multi-Family Zone District, shall read as follows:
26.710.090 Residential Multi-Fam.i1y ~F).
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, with 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. Multi-family dwellings;
2. Home occupations;
3. Accessory buildings and uses;
4. Dormitory;
5. Accessory Dwelling Units and Carriage Houses meeting the provisions of Section
26.520.
6. For historic landmark properties: single-family dwelling, duplex dwelling, two
detached single-family dwellings, bed and breakfast, and boardinghouse.
C. Conditional uses. The following uses are permitted as conditional uses in the Residential
Multi-Family (RMF) zone district, subject to the standards and procedures established in Chapter
26.425 :
1. Arts, Cultural, and Civic Uses
2. Academic Uses
3. Recreational Uses
4. Group home
5. Child care center
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Residential Multi-Family (RMF) zone district:
1. Minimum lot size (square feet): 6,000. For lots created by a Historic Landmark Lot
Split: 3,000
2. Minimum lot area per dwellinl! unit (sQuare feet!:
a. Detached residential dwelling: 6,000. For lots created by a Historic Landmark Lot
Split: 3,000
b. Duplex: 3,000.
c. Two detached residential dwellings: 3,000.
d. Multi-family dwellings: No requirement.
Ordinance No.5 Page 114
Series of2003.
, ,',';., '" '.-" , ,~ ~.x ;-",," ';',,"d";";<''')''~'(\'Eiil~;''4j~uk~',;:!0 },;,:,~,;y" 'i,8i":<~;;:{{,,,,,'Sh.;ij;;"i,~~,l,,,~,:"','~Ji"~J,j'.i;~~j~,~"";/;,J",,J,','
e. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet!: 60. For lots created by a Historic Landmark Lot Split: 30
4. Minimum front vard setback (feet!:
Single-Family and Duplex: Same as R6 zone district
Multi-Family: 5.
5. Minimum side vard setback (feet!:
Single-Family and Duplex: Same as R6 zone district
Multi-Family: 5.
6. Minimum rear vard setback (feet):
Single-Family and Duplex: Same as R6 zone distnict
Multi-Family: No requirement.
7. Maximum heiz-ht (accordinz-to densitv)(jeet):
a. Single-Family and Duplex: Same as R6 zone district.
b. Multi-Family -less than one unit per 1,500 square feet oflot area: 25.
c. Multi-Family - one unit per 1,500 square feet oflot area to one unit per 800
square feet oflot area: 30.
d. Multi-Family- More than one unit per 800 square feet of lot area: 35, which
may be increased to 38 pursuant to Special Review, Section 26.430.
8. Minimum distance between buildinrzs on the lot (feet!:
Single-Family and Duplex: Same as R6 zone district
Multi-Family: No requirement.
9. Pedestrian Amenitv Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR) (apvlies to eachtvve of use. accordinz- to densitv) (apvlies to
conforminz- and nonconforminrz lots of record):
a. Single-Family and Duplex: Same as R6 zone district.
b. Multi-Family -less than one unit per 1,500 square feet oflot area: .5: 1
c. Multi-Family - one unit per 1,500 square feet of lot area to one unit per 800
square feet of lot area: I: I
d. Multi-Family - More than one unit per 800 square feet of lot area: 2:1, which
may be increased to 2.5:1 with extinguishment of Historic TDRs. Each City
of Aspen Historic Transferable Development Right certificate extinguished,
pursuant to Section 26.535, Transferable Development Rights, shall allow an
additional 750 square feet of free market housing.
e. Existing (prior to redevelopment) free-market residential FAR may be
replaced, regardless of density, subject to acknowledgement by City Zoning
Officer prior to demolition. "
Ordinance No.5
Series of 2003.
Page 115
Section 30:
Section 26.710.100, Residential Multi-Family A (RMFA) Zone District, which section regulates
development within the Residential Multi-Family A District, shall read as follows:
26.710.100 Residential Multi-Family A (RMFA).
A. Purpose. The purpose of the Residential Multi-Family A (RMFA) zone district is to
provide for the use of land for intensive long-term residential purposes, with customary accessory
uses. Recreational and institutional uses customarily found in proximity to residential uses are
included as conditional uses. Lands in the Residential Multi-Family A (RMFA) zone district are
typically those found in the Aspen Infill Area, within walking distance of the center of the City,
or lands on transit routes, and other lands with existing concentrations of attached residential
dwellings and mixed attached and detached residential dwellings.
B. Permitted uses. The following uses are permitted as of right in the Residential Multi-
Family A (RMFA) zone district:
1. Multi-family dwellings;
2. Home occupations;
3. Accessory buildings and uses;
4. Dormitory;
5. Accessory Dwelling Units and Carriage Houses meeting the provisions of Section
26.520.
6. For historic landmark properties: single-family dwelling, duplex dwelling, two
detached single-family dwellings, bed and breakfast, and boardinghouse.
C. Conditional uses. The following uses are permitted as conditional uses in the Residential
Multi-Family A (RMFA) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Arts, Cultural, and Civic Uses
2. Academic Uses
3. Recreational Uses
4. Group home;
5. Child care center;
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Residential Multi-Family A (RMFA) zone district:
1. Minimum lot size (square feet): 6,000. For lots created by a Historic Landmark Lot
Split: 3,000
2. Minimum lot area per dwellinz- unit (sQuare feet!:
a. Detached residential dwelling: 6,000. For lots created by a Historic Landmark Lot
Split: 3,000
b. Duplex: 3,000.
c. Two detached residential dwellings: 3,000.
d. Multi-family dwellings: No requirement.
Ordinance No.5 Page 116
Series of2003.
^ " "... <;r'~'~',::.':/:;i<;;;,.<;,<,/;,,":',j<' '" v<,;..;-..,." ;:. :,:,;-,;,!,,:';,..:"';,' ,',; _,ih.:,:;:,,;:~;;,,','_<>:ii..;;:,:,\;::,:,;.',
e. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60. For lots created by a Historic Landmark Lot Split: 30.
4. Minimum front vard setback (feet!:
Single-Familv and Duplex: Same as R6 zone district
Multi-Family: 5.
5. Minimum side vard setback (feet!:
Single-Familv and Duplex: Same as R6 zone district
Multi-Family: 5.
6. Minimum rear vard setback (feet):
Single-Family and Duplex: Same as R6 zone district
Multi-Family: No requirement.
7. Maximum heiiZht (according to densitv)(feet):
a. Single-Family and Duplex: Same as R6 zone district.
b. Multi-Family -less than one unit per 1,500 square feet oflot area: 25.
c. Multi-Family - one unit per 1,500 square feet oflot area to one unit per 800 square feet
oflot area: 30.
d. Multi-Family - More than one unit per 800 square feet of lot area: 35, which may
be increased to 38 pursuant to Special Review, Section 26.430.
8. Minimum distance between buildinz-s on the lot (feet):
Single-Family and Duplex: Same as R6 zone district
Multi-Family: No requirement.
9. Pedestrian Amenitv Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR) (applies to each tvpe of use. accordiniZ to density) (applies to
conforminz- and nonconforminz- lots of record) :
a. Single-Family and Duplex: Same as R6 zone district.
b. Multi-Family-less than one unit per 1,500 square feet oflot area: .5:1
c. Multi-Family - one unit per 1,500 square feet of lot area to one unit per 800
square feet oflot area: I: I
d. Multi-Family- More than one unit per 800 square feet oflot area: 2:1, which may
be increased to 2.5:1 with extinguishment of Historic TDRs. Each City of Aspen
Historic Transferable Development Right certificate extinguished, pursuant to
Section 26.535, Transferable Development Rights, shall allow an additional 750
square feet of free market housing.
e. Existing (prior to redevelopment) free-market residential FAR may be replaced,
regardless of density, subject to acknowledgement by City Zoning Officer prior to
demolition.
Ordinance No.5
Series of 2003.
Page 117
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-,',' "'.:-.c>:~:;>':, .,:/':"'k,;,;J.<<>>^,. ,0
Section 31:
Section 26.710.140, Commercial Core (CC) Zone District, which section regulates
development within the Commercial Core Zone District, shall read as follows:
26.710.140 Commercial Core (Ce).
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, lodging, affordable housing,
and free market housing uses oriented to both local and tourist populations to encourage a high
level of vitality. Retail uses are appropriate for ground floors of buildings while residential and
office uses are only appropriate on upper floors. To encourage a variety or building sizes, two
building height options are provided.
B. Permitted uses. The following uses are permitted as of right in the Commercial Core
(CC) zone district:
1. Uses allowed in Basement floor(s): Retail Uses, Office Uses.
2. Uses allowed on Ground Floor: Retail Uses, uses and building elements necessary and
incidental to uses on other floors.
3. Uses allowed on Upper Floors: Retail Uses, Office Uses, Lodging, Timeshare Lodge,
Affordable Multi-Family Housing, Free-Market Multi-Family Housing, home
occupations.
4. Uses allowed on all building levels: Neighborhood Commercial Uses, Service Uses, Arts
Cultural and Civic Uses, Public Uses, Recreational Uses, Academic Uses, Timeshare
Lodge, child care center, 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, farmers market provided a vending agreement is
obtained pursuant to Section 15.04.350(B).
C. Conditional uses. The following uses are permitted as wnditional 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 Section 26.515;
D. Dimensional requirements. The following dimensional requirements shall apply to all
pennitted and conditional uses in the Commercial Core (CC) zone district:
1. Minimum lot size (sQuare feet!: No requirement.
2. Minimum lot area per dwellinz- unit (square feet!: No requirement.
3. Minimum lot width (feet): No requirement.
Ordinance No.5 Page 118
Series of 2003.
.,...".c"i;,'C
"'i":",:;;',>:";>"':~::"";:<f6;f,~"".;;~r'.:.c0;t;;.::,4.::i:&,':;;,"":><<,', 'c'.,"
4. Minimum front vard setback (feet!: No requirement.
5. Minimum side vard setback (feet): No requirement.
6. Minimum rear vard setback (feet!: No requirement excqJt trash/utility service area
shall be required abutting alley, pursuant to Section 26.575.060.
7. Maximum hei!!ht: To promote variety of building heights, the following two
options are provided:
a. 42 feet for up to three floors above grade. 52 feet for partial fourth floor,
pursuant to Special Review, Section 26.430. Fourth floor may not exceed .5: 1
floor area.
b. 45 feet for up to four floors above grade. Fourth floor may exceed .5:1 floor
area.
8. Minimum distance between buildinl!s on the lot (feet!: No requirement.
9. Pedestrian Amenitv Svace: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR) (applies to each tvpe of use)
a. Commercial Uses: 1.5:1. Existing (prior to redevelopment) commercial FAR
may be replaced, subject to acknowledgement by City Zoning Officer prior to
demolition.
b. Affordable Multi-Family Housing: No limitation.
c. Free-Market Multi-Family Housing: .75: 1, which ma.y be increased to 1: 1 with
extinguishment of Historic TDRs. Each City of Aspen Historic Transferable
Development Right certificate extinguished, pursuant to Chapter 26.535, shall
allow an additional 750 square feet of free mark'et housing. Free-market
residential FAR may not exceed affordable housing FAR located on same
parcel, unless otherwise permitted for Historic Landmark buildings only,
pursuant to Special Review, Section 26.430. Existing (prior to
redevelopment) free-market residential FAR may be replaced, subject to
acknowledgement by City Zoning Officer prior to demolition.
d. All other uses: 3: 1.
Ordinance No.5
Series of2003.
Page 119
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Section 32:
Office Uses on the Ground Floor of buildings within the Commercial Core shall cease operation
and be vacated according to the following terms:
Intent: It is the City of Aspen's intent of this provision to gradually eliminate, in a reasonable
timeframe, all Office Uses on the Ground Floors of buildings within the Commercial Core Zone
District in order to maintain and promote a healthy retail environment and in a manner that
provides property owners with proper due process for appeals and extensions.
Registration: All owners of property within the Commercial Core (CC) Zone District that
contain an office use on the ground floor shall register the use with the City within sixty (60)
days ofthe date of receipt of written notice as provided herein
Notice: The City shall provide property owners of buildings containing office uses on the ground
floor within the Commercial Core (CC) Zone District with writtm notice that the use is
nonconforming, must be registered with the City, and must be vacated within the amortization
period as described herein. Failure by the City to provide written notice shall not absolve the
property owner from the responsibility to register the nonconforming use or extend the
amortization period.
Registration Process: The property owner shall file a registration application with the
Community Development Director on a form provided by the Director., No fee shall be required
for registration.
Failure to Register: Failure to register a nonconforming office use on a ground floor of a
building within the Commercial Core (CC) Zone District shall require the owner to terminate the
use within six (6) months. The City shall use appropriate actions permitted by law to enforce
proper termination.
Appeal of Office on Ground Floor Determination: If a property owner disputes the
administrative determination that the use is an office use on the ground floor of a building in the
Commercial Core Zone District, the owner may appeal that determination to the City Council,
pursuant to Section 26.316. An appeal must be filled within the required registration period.
Amortization Period: All registered Office Uses located on Ground Floors of buildings located
in the Commercial Core (CC) Zone District shall be vacated within five (5) years, commencing
upon the effective date of this ordinance. At the conclusion of this amortization period, each and
every office use on the ground floors of buildings within the Commercial Core (CC) Zone
District shall terminate and cease to operate, unless an extension is granted, as provided herein.
The City shall use appropriate actions permitted by law to enforce proper termination.
Extension of Amortization Period: An application to extend the amortization period shall be
considered by a Hearing Officer, appointed by the City Manager and who shall have no
relationship to the City or to the property owner. The hearing officer shall extend the
Ordinance No.5
Series of2003.
Page 120
amortization period if the hearing officer determines the five (5) year period is insufficient time
for the property owner to recoup his or her investment in the property considering the following:
1. A description of the property and structures located thereon.
2. The original purchase price of the property and subsequent investments or improvements
in the property made prior to the adoption of Ordinance No._, Series of 2003 (other
than normal operations and maintenance).
3. A current appraisal of the property considering legal allowable uses after adoption of
Ordinance No. _, Series of2003.
4. A description of the depreciation method applied to the property for income tax purposes,
based on generally recognized accounting principles applicabJ.e at the time the property
was originally acquired by the property owner.
5. The assessed value of the property for tax purposes.
6. Copies of income tax and financial statements for the past five (5) years.
7. Any additional information the property owner may want to submit that may affect the
appropriate length of time of amortization.
Within thirty (30) days of complete application submission, or as otherwise reasonable, a hearing
date and time shall be scheduled for the hearing officer to consider written and verbal testimony
from the property owner and a representative of the City. The hearing officer shall, within thirty
(30) days of the hearing, issue a written determination establishing an extended amortization
period or denying the request. The determination shall detail the factors considered including,
but not limited to:
1. The base value of the property - the original purchase price plus investments and
improvements (other than normal operations and maintenance).
2. IRS rules related to depreciation.
3. Residual value of the property based on a current appraisal assuming legal allowable uses.
4. Other factors that may be considered "unrecoverable costs" by the property owner.
5. A financial analysis of the above using a recoupment of investment model.
The property owner may appeal the determination of the hearing officer to the City Council,
pursuant to Section 26.316. The appeal shall be filed within thirty (30) days of the hearing
officer determination and shall state the grounds for appeal. City Council may affirm the ruling
of the hearing officer, remand the matter back to the hearing offic(lr for reconsideration, or
overrule the hearing officer and establish an amortization period deemed appropriate. The action
by City Council shall be considered the final administrative action on the matter.
Ordinance No.5
Series of 2003.
Page 121
'-tL".<>.;': ""':;(~;.c~'i;;;"";,,',, ,- ',.-:,:;-",." ';"'C"iCi' ".',:'d''';"(:,-~":.,,,::;;,~,, ':"':'-:.:< ./.
Section 33:
Section 26.710.150, Commercial (C-l) Zone District, which section regulates development
within the Commercial Zone District, shall read as follows:
26.710.150 Commercial (C-l).
A. Purpose. The purpose of the Commercial (C-l) zone district is to provide for the
establishment of mixed-use buildings with commercial uses on the ground floor, opportunities
for affordable and free-market residential density, and to provide a transition between the
commercial core and surrounding residential neighborhoods.
B. Permitted uses. The following uses are permitted as of right in the Commercial (C-l)
zone district:
1. Uses allowed on Upper Floors: Lodging, Affordable Multi-Fan~ily Housing, Free-Market
Multi-Family Housing, home occupations.
2. Uses allowed on all bnilding levels: Retail Uses, Neighborhood Commercial Uses,
Service Uses, Office Uses, Arts, Cultural and Civic Uses, Pnbli,~ Uses, Recreational Uses,
Academic Uses, child care center, accessory uses and structures, uses and building
elements necessary and incidental to nses on other floors including parking accessory to a
permitted use, storage accessory to a permitted use, farmers market provided a vending
agreement is obtained pursnant to Section 15.04.350(B).
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial (C-l) zone district, snbject to the standards and procedures established in Chapter
26.425:
1. Lodging, Affordable Multi-Family Housing, Free-Market Multi-Family Honsing, home
occupations on Ground Floor.
2. Commercial Parking Facility, pursuant to Section 26.515;
3. For historic landmark properties: bed and breakfast; two detached residential dwellings or
a duplex on a lot with a minimum area of 6,000 square feet.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Commercial (C-l) zone district:
1. Minimum lot size (sQuare feet): Single-Family and duplex residential: 3,000.
All other uses: No requirement.
2. Minimum lot area per dwellini! unit (sQuare feet!: No requirement.
3. Minimum lot width (feet!: No requirement.
4. Minimum front vard setback (feet!: No requirement.
5. Minimum side vard setback (feet): No reqnirement.
Ordinance No.5
Series of 2003.
Page 122
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6. Minimum rear vard setback (feet); No requirement exc(~pt trash/utility service area
shall be required abutting alley, pursuant to Section 26.575.060.
7. Maximum heiz-ht: To promote variety of building heights, the following options
are provided:
a) Single Family and Duplex: 25 feet.
b) All other uses:
1. 42 feet for up to three floors above grade. 52 fe(~t for partial fourth floor,
pursuant to Special Review, Section 26.430. Fourth floor may not exceed
.5: I floor area.
11. 45 feet for up to four floors above grade. Fourth floor may exceed .5: I
floor area.
8. Minimum distance between buildinf!s on the lot (feeJL 10 feet between two
detached residential dwellings, no requirement between principal and accessory
buildings.
9. Pedestrian Amenitv Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR) (applies to each tvpe of use)
a) Commercial Uses: 1.5:1. Existing (prior to redevelopment) commercial FAR
may be replaced, subject to acknowledgement by City Zoning Officer prior to
demolition.
b) Affordable Multi-Family Housing: No limitation.
c) Free-Market Multi-Family Housing: .75:1, which maybe increased to 1:1 with
extinguishment of Historic TDRs. Each City of Aspen Historic Transferable
Development Right certificate extinguished, pursuant to Chapter 26.535, shall
allow an additional 750 square feet of free market housing. Free-market
residential FAR may not exceed affordable housing FAR located on same
parcel, unless otherwise permitted for Historic Landmark buildings only,
pursuant to Special Review, Section 26.430. Existing (prior to redevelopment)
free-market residential FAR may be replaced, subject to acknowledgement by
City Zoning Officer prior to demolition.
d) Detached residential and duplex dwellings: Same as R6 Zone District.
e) All other uses: 3:1.
Ordinance No.5
Series of 2003.
Page 123
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Section 34:
Section 26.710.160, Service/CommerciallIndustrial (SCI) Zone District, which section regulates
development within the Service/CommerciallIndustrial Zone District, shall read as follows:
26.710.160 Service/Commercial Industrial (SCI).
A. Purpose. The purpose of the Service/CommerciallIndustrial (S/CII) zone district is to
preserve and enhance locally-serving, primarily non-retail small business areas to ensure a more
balanced permanent community; to protect the few remaining such small business parks
historically used primarily for light industrial uses, manufacturing, repair, storage and servicing
of consumer goods, with limited retail, showroom, or customer reception areas. The SCI zone
district contains uses that may not be appropriate in other zone districts, and do not require or
generate high customer traffic volumes, and permits customary accessory uses, including
residential dwelling units on upper levels.
B. Permitted Uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (S/C/I) zone district. Except as noted below, each of the
permitted uses may have, in combination, no more than 20% of the floor area devoted to retail
sales, showroom, or customer reception. This floor area percentage may be increased through
Special Review by the Planning and Zoning Commission, pursuant to Section 26.430, and
according to the standards of Section 26.71O.160(E).
Uses which mav use UP to 100% of the floor area for retail sales., showroom, or customer
reception:
1. Manufacturing, repair, servicing, detailing, sales, and rental of consumer goods such as:
a) Building materials, components, hardware, fixtures, and equipment.
b) Automobiles and motorcycles, including parts.
c) Fabric and sewing supply.
Uses which mav use, in combination. UP to 20% of the floor area for accessorv retail sales,
showroom, or customer reception:
1. Manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as:
Household appliances; electronic equipment; fumiture; clothing; or sporting goods.
2. Building/landscape maintenance facility.
3. Typesetting and printing.
4. Photo processing laboratory.
5. Locksmith.
6. Post Office branch.
7. Shipping and receiving services.
8. Automobile washing facility.
9. Catalogue sales store.
10. Laundromat.
11. Commercial dry cleaning.
12. Recycling center.
13. Artists studio.
Ordinance No.5 Page 124
Series of 2003.
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14. Veterinary clinic.
15. Animal boarding facility.
16. Animal grooming establishment.
17. Brewery and brewing supply.
18. Coffee roasting and supply.
19. Commercial Kitchen or Bakery.
20. Warehousing and storage.
21. Service yard accessory to a permitted use.
22. Sales and rental accessory and incidental to a permitted use.
23. Accessory buildings and uses.
Uses onlv allowed on Upper Floors:
I. Neighborhood Commercial, Service, Or Office Uses.
2. Affordable Multi-Family Housing.
3. Free-Market Multi-Family Housing.
4. Home occupations.
C. Conditional uses. The following uses are permitted as conditional uses in the
Service/Commercial! Industrial (S/C/I) zone district, subject to the standards and procedures
established in Chapter 26.425. The Commission shall establish the appropriate amount of floor
area devoted to retail sales, showroom, or customer reception for each conditional use during the
review.
1. Consigmnent retail establishment.
2. Commercial Parking Facility, pursuant to Section 26.515.
3. Gasoline service station.
4. Artist's Studio with ancillary residence.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Service/Commercial! Industrial (S/C/l) zone district:
1. Minimum lot size (square feet!: 3,000
2. Minimum lot area TJer dwellinf! 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. Maximum heif!ht:
a) 42 feet for up to three floors above grade. 52 feet for partial fourth floor,
pursuant to Special Review, Section 26.430. Fourth floor may not exceed .5: 1
floor area.
b) 45 feet for up to four floors above grade. Fourth floor may exceed .5:1 floor
area.
Ordinance No.5
Series of 2003.
Page 125
,.. , ":',:.,:,~,:" .
c) An additional 5 feet of total height may be approved, pursuant to Special
Review, Section 26.430 and according to the standards of Section
26.7l0.160(E), to increase first floor ceiling height.
8. Minimum distance between buildinz-s on the lot (feet): No Requirement.
9. Pedestrian Amenitv Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR) (applies to each tVlJe of use)
a) SCI Uses: 2: 1.
b) Neighborhood Commercial, Service, or Office Uses: .5:1, only if a minimum
of. 75: 1 FAR of SCI uses exists on the same parcel.
c) Affordable Multi-Family Housing: No limitation.
d) Free-Market Multi-Family Housing: .75:1, which may be increased to 1:1 if a
minimum of .5: 1 FAR of affordable housing exists on the same parcel. Free-
market residential FAR may not exceed commercial FAR located on same
parcel, unless otherwise permitted for Historic Landmark buildings only,
pursuant to Special Review, Section 26.430.
E. Special Review Standards. Whenever the dimensional standards of a proposed
development within the SCI Zone District are subject to Special Review, the development
application shall be processed as a Special Review, pursuant to Section 26.430, and shall be
approved, approved with conditions, or denied based on conformance with the following criteria:
1. To increase the allowable height the applicant shall demonstrate the need for additional
height, the appropriateness of the additional height and massing, and shall demonstrate
consistency with the purpose of the SCI Zone District. The additional height shall only be
used to increase the usable floor to ceiling height of the ground floor and shall not be used to
accommodate additional clear space on upper floors.
2. To increase the allowable percentage of interior space assigned to retail,' showroom, or
customer reception area, the applicant shall demonstrate the need! and appropriateness for
such additional space and shall demonstrate consistency with the purpose of the SCI Zone
District. The approved additional percentage for a specific use shall be limited to that use
and not applicable to subsequent uses in the same space.
Ordinance No.5
Series of 2003.
Page 126
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Section 35:
Section 26.710.170, Neighborhood Commercial (NC) Zone District, whichsection regulates
development within the Neighborhood Commercial Zone District, shall read 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, and to
provide a transition between the commercial core and surrounding residential neighborhoods.
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, Affordable Multi-Family Housing, Free-Market
Multi-Family Housing, home occupations.
2. Uses allowed on all building levels: Retail 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, farmers market provided a vending
agreement is obtained pursuant to Section 15.04.350(B).
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, Affordable Multi-Family Housing, Free-Market Multi-Family Housing, home
occupations on Ground Floor.
2. Commercial Parking Facility, pursuant to Section 26.515;
3. For historic landmark properties: bed and breakfast; two detached residential dwellings or
a duplex on a lot with a minimum area of 6,000 square feet.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Neighborhood Commercial (NC) zone district:
1.
Minimum lot size (sQuare feet):
All other uses: No requirement.
2. Minimum lot area ver dwellinz-unit (sQuare feet!: No requirement.
Single-Family and duplex residential: 3,000.
3. Minimum lot width (feet!: No requirement.
4. Minimum front yard setback (feet!: No requirement.
5. Minimum side yard setback (feet): No requirement.
Ordinance No.5
Series of 2003.
Page 127
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6. Minimum rear vard setback (feet!: No requirement except trash/utility service area
shall be required abutting alley, pursuant to Section 26.575.060.
7. Maximum hei!!ht: To promote variety of building heights, the following options
are provided:
a) Single Family and Duplex: 25 feet.
b) All other uses:
1. 42 feet for up to three floors above grade. 52 feet for partial fourth floor,
pursuant to Special Review, Section 26.430. Fourth floor may not exceed
.5:1 floor area.
11. 45 feet for up to four floors above grade. Fourth floor may exceed .5: 1
floor area.
8. Minimum distance between buildinf!s on the lot (feeJl;_ 10 feet between two
detached residential dwellings, no requirement between principal and accessory
buildings.
9. Pedestrian Amenitv Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR) (applies to each tvpe of use)
a) Commercial Uses: 1.5:1. Existing (prior to redevelopment) commercial FAR
may be replaced, subject to acknowledgement by City Zoning Officer prior to
demolition.
b) Affordable Multi-Family Housing: No limitation.
c) Free-Market Multi-Family Housing: .75:1, which maybe increased to 1:1 with
extinguishment of Historic TDRs. Each City of Aspen Historic Transferable
Development Right certificate extinguished, pursuant to Chapter 26.535, shall
allow an additional 750 square feet of free mark,et housing. Free-market
residential FAR may not exceed affordable housing FAR located on same
parcel, unless otherwise permitted for Historic Landmark buildings only,
pursuant to Special Review, Section 26.430. Existing (prior to redevelopment)
free-market residential FAR may be replaced, subject to acknowledgement by
City Zoning Officer prior to demolition.
d) Detached residential and duplex dwellings: Same as R6 Zone District.
e) All other uses: 3:1.
Ordinance No.5
Series of 2003.
Page 128
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Section 36:
Section 26.710.170, Neighborhood Commercial (NC) Zone District, which section
regulates development within the Neighborhood Commercial Zone District, shall read as
follows:
26.710.180 Mixed-Use (MD).
A. Purpose. The purpose of the Mixed-Use (MU) Zone District is to provide for a variety of
single-family,. lodging, and mixed-use buildings with commercial uses serving the daily or
frequent needs of the surrounding neighborhood, provide a transition between the commercial
core and surrounding residential neighborhoods, and to provide a variety of building sizes
compatible with the character ofthe Main Street Historic District.
B. Permitted uses. The following uses are permitted as of right in the Mixed-Use (MU) zone
district:
1. On Historic Landmark Properties: Retail Uses, Neighborhood Commercial Uses, and
Bed and breakfast.
2. Service Uses,
3. Office Uses,
4. Lodging,.
5. Arts, Cultural and Civic Uses,
6. Public Uses,
7. Recreational Uses,
8. Academic Uses,
9. Child care center,
10. Affordable Multi-Family Housing,
11. Free-Market Multi-Family Housing,
12. Single Family Residence
13. Duplex Residence
14. Two Detached Single-Family Residences
15. Home occupations,
16. Accessory uses and structures,
17. Storage accessory to a permitted use.
C. Conditional uses. The following uses are permitted as conditional uses in the Mixed-Use
(MU) zone district, subject to the standards and procedures established in Chapter 26.425:
1. Commercial Parking Facility, pursuant to Section 26.515.
Ordinance No.5
Series of2003.
Page 129
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D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Mixed-Use (MU) zone district:
1. Minimum lot size (sQuare feet): 6,000. For Historic Landmark properties: 3,000.
2. Minimum lot area per dwellinf! unit (sQuare feet!: Single-Family and duplex
structures: 6,000 square feet. Single-Family and duplex structures on Historic
Landmark properties: 3,000 square feet. All other uses: No requirement.
3. Minimum lot width (feet!: 30.
4. Minimum front vard setback (feet): 10, which may be reduced to 5, pursuant to
Special Review, Section 26.430.
5. Minimum side vard setback (feet): 5.
6. Minimum rear vard setback (feet): 5.
7. Maximum heiz-ht:
a) Commercial, Lodge, Multi-Family, and Mixed-Use Buildings: 32 feet, which
may be increased to 35 feet by Special Review, pursuant to Section 26.430.
b) Single-Family and Duplex: 25 feet
8. Minimum distance between buildinf!s on the lot (feet!: 10.
9. Pedestrian Amenitv Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR) (applies to each tvpe of use)
a) Commercial Uses: 1: I. which may be increased to 1.5: 1 by Special Review,
pursuant to Section 26.430.
b) Lodge: 1:1. which may be increased to 1.5:1 by Special Review, pursuant to
Section 26.430.
c) Affordable Multi-Family Housing: No limitation.
d) Free-Market Multi-Family Housing: .75:1, which may be increased to 1:1 with
extinguishment of Historic TDRs. Each City of Aspen Historic Transferable
Development Right certificate extinguished, pursuant to Chapter 26.535, shall
allow an additional 750 square feet of free marktlt housing. Free-market
residential FAR may not exceed affordable housing FAR located on same
parcel, unless otherwise permitted for Historic L:mdmark buildings only,
pursuant to Special Review, Section 26.430. Existing (prior to redevelopment)
free-market residential FAR may be replaced, subject to acknowledgement by
City Zoning Officer prior to demolition.
e) Detached residential and duplex dwellings: Same as R6 Zone District.
Ordinance No.5
Series of 2003.
Page 130
Section 37:
Section 26.71 0.190, Lodge (L) Zone District, which section regulates development within the
Lodge Zone District, shall read 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 lodges, tourist-oriented multi-family buildings, high occupancy
timeshare facilities, and ancillary uses compatible with lodging to support and enhance Aspen's
resort economy.
B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone
District:
1. Uses allowed on Basement and Ground Floors: Retail Uses, Neighborhood Commercial
Uses.
2. Uses allowed on all floor levels: Lodging, Timeshare Lodge, Exempt Timesharing,
offices and activities accessory to timeshare unit sales (see Section 26.590), conference
facilities, uses associated with outdoor recreation facilities and events, accessory uses and
structures, storage accessory to a permitted use, Affordable Multi-Family Housing
accessory to a lodging or timeshare operation, Free-Market Multi-Family Housing
accessory to a lodging or timeshare operation.
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. Arts, Cultural and Civic Uses; Public Uses; Academic Uses; child care center; home
occupations.
2. Single-Family and Duplex residences on Historic Landmark properties.
3. Commercial Parking Facility, pursuant to Section 26.515.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Lodge (L) Zone District:
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwellinz- unit (sQuare feet):
a. For single-family and duplex structures - 3,000 square feet.
b. For Multi-Family residential- 1,500 square feet.
c. For Lodge, Timeshare Lodge, ExemptTimesharing, and residential units
accessory to a lodging or timeshare operation - no requirement.
3. Minimum lot width (feet): 30.
4. Minimum front vard setback (feet!: 5.
5. Minimum side vard setback (feet!: 5.
Ordinance No.5
Series of 2003.
Page 131
6. Minimum rear vard setback (feet!: 5.
7. Maximum heiz-ht:
a) Single Family, Duplex, and Multi-Family and all other uses: 25 feet.
b) Lodging, Timeshare Lodge, or Exempt Timesharing with less than one lodge
unit per 500 square feet oflot area: 25
c) Lodging, Timeshare Lodge, or Exempt Timesharing with at least one lodge
unit per 500 square feet oflot area:
1. 42 feet for up to three floors above grade. 52 feet for partial fourth floor,
pursuant to Special Review, Section 26.430. Fourth floor may not exceed
.5: 1 floor area.
ll. 45 feet for up to four floors above grade. Fourth floor may exceed .5: 1
floor area.
8. Minimum distance between buildinrzs on the lot (feet): 10.
9. Pedestrian Amenitv Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR) (applies to each tvve of use)
a) Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; child care center: .5:1.
b) Lodge, Timeshare Lodge, uses ancillary to lodging facilities, and Commercial
Parking Facility: 2.5: 1.
c) Affordable Multi-Family Housing: .5:1. which may be increased by Special
Review, pursuant to Section 26.430. Existing (prior to redevelopment)
affordable housing residential FAR may be replaced, subject to
acknowledgement by City Zoning Officer prior to demolition.
d) Free-Market Multi-Family Housing: .5:1. Existing (prior to redevelopment)
free-market residential FAR may be replaced, subject to acknowledgement by
City Zoning Officer prior to demolition. Free-markel residential FAR may not
exceed affordable housing FAR located on same parcel, unless otherwise
permitted for Historic Landmark buildings only, pursuant to Special Review,
Section 26.430.
e) Exempt Timesharing: 1: 1.
f) Detached residential and duplex dwellings: Same as R6 Zone District.
Ordinance No.5 Page 132
Series of 2003.
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Section 38:
Section 26.710.200, Commercial Lodge (CL) Zone District, which section regulates development
within the Commercial Lodge Zone District, shall read as follows:
26.710.200 Commercial Lodge (Cr.).
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.
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: Those uses allowed in Basement and
Ground Floors, respectively, within the Commercial Core Zone District.
2. Uses allowed on Upper Floors: Lodging, Timeshare Lodge, Affordable Multi-Family
Housing accessory to a lodging or timeshare operation, Free-Market Multi-Family
Housing accessory to a lodging or timeshare operation.
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. Commercial Parking Facility, pursuant to Section 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 lot size (sQuare feet): No requirement.
2. Minimum lot area per dwellinz- unit (sQuare feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front vard setback (feet!: No requirement.
5. Minimum side vard setback (feet!: No requirement.
6. Minimum rear vdtd setback (feet): No requirement except trash/utility service area
shall be required abutting alley, pursuant to Section 26.575.060.
7. Maximum heif!ht: To promote variety of building heights, the following two
options are provided:
a) 42 feet for up to three floors above grade. 52 feet for partial fourth floor,
pursuant to Special Review, Section 26.430. Fourth floor may not exceed .5: 1
floor area.
b) 45 feet for a four-story building. Fourth floor may exceed .5:1 floor area.
8. Minimum distance between buildinf!s on the lot (feet): No requirement.
Ordinance No.5
Series of 2003.
Page 133
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9. Pedestrian Amenitv Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR) (applies to each tvpe of use)
a) Commercial Uses: 1:1. Existing (prior to redevelopment) commercial FAR
may be replaced, subject to acknowledgement by City Zoning Officer prior to
demolition.
b) Affordable Multi-Family Housing: No limitation.
c) Free-Market Multi-Family Housing: .75:1, which maybe increased to 1:1 with
extinguishment of Historic TDRs. Each City of Aspen Historic Transferable
Development Right certificate extinguished, pursuant to Chapter 26.535, shall
allow an additional 750 square feet of free market housing. Free-market
residential FAR may not exceed affordable housing FAR located on same
parcel, unless otherwise permitted for Historic Landmark buildings only,
pursuant to Special Review, Section 26.430. Existing (prior to redevelopment)
free-market residential FAR maybe replaced, subject to acknowledgement by
City Zoning Officer prior to demolition.
d) All other uses: 3:1.
Ordinance No.5
Series of 2003.
Page 134
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Section 39:
Section 26.710.310, Lodge Overlay (LO) Zone District, which section regulates development
within the Lodge Overlay Zone District, shall read 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 in areas of the City suitable for lodge accommodations where there are limitations on
development that necessitate the permitted density to be significantly less than that in the City's
other lodge zone districts.
B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay (LO)
zone district:
1. All those uses permitted in the underlying zone district.
2. Lodge.
3. Timeshare Lodge.
4. Exempt Timesharing.
C. Conditional uses. The following USes are permitted as conditional uses in the Lodge
Overlay (LO) zone district, subject to the standards and procedures .stablished in Chapter
26.425:
1. All those uses allowed as conditional uses in the underlying zone district.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Lodge Overlay (LO) zone district:
1. A lodge shall meet the dimensional requirements of the underlying zone district
for a detached residential dwelling or multi - family residential building.
2. All other uses shall meet those dimensional requirements that apply to the use in
the underlying zone district.
Ordinance No.5
Series of2003.
Page 135
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Section 40:
Section 26.710.320, LodgePreservation Overlay (LP) Zone District, which section regulates
development within the Lodge Preservation Overlay Zone District, shal1 read as fol1ows:
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 ofthese properties to accommodate lodge and affordable housing uses, to
provide uses accessory and normally associated with lodge and affordable housing development,
to encourage development which is compatible with the neighborhood and respective ofthe
manner in which the property has historically operated, and to provide an incentive for upgrading
existing lodges on-site or onto adjacent properties.
B. Permitted uses. The following uses are permitted as of right in the LP Overlay zone
district:
1. Lodge,
2. Boarding house;
3. Dormitory;
4. Timeshare Lodge,
5. Exempt Timesharing,
6. Offices and activities accessory to timeshare unit sales (see Section 26.590),
7. Conference facilities,
8. Uses associated with outdoor recreation facilities and events,
9. Accessory uses and structures,
10. Storage accessory to a permitted use,
11. Affordable Housing accessory to a lodging or timeshare operation and for employees
of the operation,
12. Free-Market Housing accessory to a lodging or timeshare operation.
13. The permitted uses of the underlying zone district.
C. Conditional Uses. The following uses are permitted in the LP Overlay zone district,
subject to the standards and procedures established in Chapter 26.425 of this Code: .
1. Affordable housing intended for the general public.
2. Restaurant.
3. The uses allowed as conditional uses in the underlying zone district.
D. Dimensional requirements. The dimensional requirements for al1 uses in the Lodge
Preservation (LP) Overlay Zone District shall be the dimensional requirements established for
those uses in the underlying zone district. Upon consideration of the neighborhood compatibility
and the dimensional requirements regulations surrounding zone districts, the dimensional
requirements of the underlying zone district may be established pursuant to Section 26.445,
Planned Unit Development.
Ordinance No.5
Series of 2003.
Page 136
"^' .... "',.'.<:.r,,.<_.,<, '",'~;'",;;,>>./,,~.;; :,',,':'::;i;iI>,,>,,;,',<\,"'''::;.~'<\;:i'','::<id.';':j'''~:-;';' '.~ .'.'.' 'to:
Section 41:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 42:
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 43:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 44:
A public hearing on the Ordinance shall be held on the 24th day of February, 2003, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior
to which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
INTRODUCED, READ AND dRDEREf)PUtJI:..rSHED as p~~~{'d~dbyla\\', by the City
Council ofthe City of Aspen on the 27th day of January, 2003.
Attest:
Kathryn S. Koch, City Clerk
Helen K. K1anderud, Mayor
FINALLY, adopted, passed and approved this _ day of
,2003..
Attest:
Kathryn S.Koch, City Clerk
Helen K. K1anderud, Mayor
Approved as to form:
City Attorney
Ordinance No.5
Series of 2003.
Page 137