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HomeMy WebLinkAboutordinance.council.030-95 wa ~'. "e".' ~ "':'- '.... I,~., ORDINANCE NO. 30 (SERIES OF 1995) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADOPTING RESIDENTIAL DESIGN STANDARDS, REVISIONS TO FLOOR AREA CALCULATIONS AND OTHER AMENDMENTS TO CHAPTER 24 OF THE ASPEN MUNICIPAL CODE WHEREAS, the community Character Analysis for the Aspen area, done in Fall 1991 as part of the Aspen Area Community Plan (AACP) process, targeted a number of issues, including studying aspects of the allowed buildout to determine which should be revised to preserve existing character and to achieve the preferred vision, creating additional historic districts, and establishing a City- wide architectural review mechanism; and WHEREAS, the recommendation adopted through the AACP was to create a set of "Neighborhood Character Guidelines" which could provide clear direction to "maintain design quality and compatibility with historic features of the community, by promoting design which will enhance neighborhood character and integrate neighborhoods in terms of visual appearance, improve community livability and reduce house sizes; and WHEREAS, the Historic Preservation Commission, staff and a consultant studied the issues and created a set of "Neighborhood Character Guidelines," which were adopted and implemented through Ordinance 35, Series of 1994, as a temporary means of reviewing all residential structures which exceeded 85% of a site's allowable F.A.R., except in the R-15B zone district; and WHEREAS, a Design Symposium was held on October 6-7, 1994, during which time an expert panel and approximately forty-five members of the community met to define the problems facing Aspen's residential neighborhoods and to consider an appropriate long term solution; and WHEREAS, the result of the Design Symposium was the establishment of seven goals which are important to preservatipn of neighborhood character; and WHEREAS, the Community Development Department, with the assistance of a nationally recognized consultant, proceeded with an in-depth review of the existing land use regulations, identified zoning requirements and area and bulk calculations which could be amended to produce the desired outcomes based on the goals from the Design Symposium; and WHEREAS, the development of a long-term'program to replace Ordinance 35, Series of 1994, has involved the members of the Historic Preservation commission, Planning and Zoning commission, 1 ~.. ~., . '. 1\ '"" city council, and volunteers from the community; and WHEREAS, the Community Development Department has held several public meetings, kept interested members of the public updated on progress throughout the interim period, held neighborhood meetings, issued press releases, engaged local architectural firms in case studies of the proposals and in many other ways attempted to engage the public in the process; and WHEREAS, the Community Development Department has recommended a program which entails a checklist which will be administered at the staff level and applied to all residential development, along with code revisions to the method of the calculation of allowable floor area ratios, measurement of height, volume, and sUb-grade spaces; and WHEREAS, this program includes many incentives which encourage new development to be of a mass, scale and relationship to the pedestrian streetscape which has been identified as appropriate to Aspen, and the program can be administered in an objective manner so as to avoid personal value judgements and to allow designers and homeowners creativity and flexibility; and WHEREAS, staff and the consultant find that the proposed program sufficiently address the problem so as to make an overall reduction in F.A.R. unnecessary at this time; and WHEREAS, Section 24-7-1103 of the Municipal Code provides that amendments to Chapter 24 of the Code, to wit, "Land Use Regulations", shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning commission at public hearing, and then approved, approved with conditions, or disapproved by the City Council at public hearing; and WHEREAS, at a duly noticed public hearing held on May 9, 1995, the Planning and Zoning commission considered the proposed revisions and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 11 of Article 7 (Text and Map Amendments), the Planning and Zoning commission has recommended approval of the text amendments recommended by the Planning Director pursuant to procedure as authorized by Section 24-6-205 (A) (5) of the Municipal Code; and WHEREAS, the Commission considered a presentation from staff, took public testimony, and contemplated the staff's proposed text amendments to the Land Use Code; and WHEREAS, the Commission did continue the public hearing to ~ay 16, 1995, in order for staff to review and consider additional recommendations and corrections suggested by the public and the Commission; and 2 ~- '. m...... ~, "z" I'. W \~'" WHEREAS, the Commission, at the continued public hearing, considered the proposed changes to the text amendments and voted 5-2 to adopt Resolution 95-8; and WHEREAS, the Commission recommends to the city council approval and adoption of the text amendments, as adopted in Resolution 95-8, to create residential design standards and amend existing sections of the Chapter 24 of the Municipal Code of the city of Aspen; and WHEREAS, the Aspen City Council has reviewed and considered the text amendments under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and WHEREAS, the City Council finds that the text amendments meet or exceed all applicable development standards and that the amendments are consistent with the recommendations of the AACP and the consensus statements from the Aspen Design symposium. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: section 1: Pursuant to section 24-7-1102 of the Municipal Code, the city Council finds as follows in regard to the text amendments: 1. The proposed text amendments as set forth in this Ordinance are not in conflict with the provisions of Chapter 24 of the Municipal Code or the Aspen Area community Plan. 2. The proposed text amendments are consistent and compatible with the community character in the city of Aspen. 3. The proposed text amendments will promote the public interest and more importantly will attempt to preserve the traditional character of the City of Aspen. 4. The proposed text amendments are a result of the changed conditions affecting the character of Aspen's neighborhood. Section 2: Section 3-101 of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, which Article defines certain terms is hereby amended to read as follows: Article 3. Definitions Sec. 3-101. Definitions as used in this chapter. Breezeway means a covered walkway which connects portions of the same structure. 3 ,~- ~- . ". ~: . ~, Character means the density, height, coverage, setback, massing, fenestration, materials, and scale of materials. H, Historic Overlay District, historic landmark development guidelines, and Residential Design standards shall be established to give further explanation of the qualities that compose character. Floor Area means the sum of the gross horizontal areas story of the building measured from the exterior walls, or center line of the party walls, including the floor accessory uses and of accessory buildings and structures. of each from the area of In measuring floor areas for floor area ratio and allowable floor area, the following applies: (A) General. In measuring floor area for the purposes of calculating floor area ratio and allowable floor area, there shall be included that floor area within the surrounding exterior walls (measured from their exterior surface) of a building, or portion thereof. (B) Decks, balconies porches, loggias and stairways. The calculation of the floor area of a building or a portion thereof shall not include decks, balconies, stairways, terraces and similar features, unless the area of these features is greater than fifteen percent of the maximum allowable floor area of the building. Porches shall n'ot be counted towards FAR. Loggias shall be calculated 'as 0.5 FAR. (C) Garages, carports and storage areas. In all zone districts except the R15-B zone district, for the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, garages, carports and storage areas shall be excluded up to a maximum area of two hundred fifty (250) square feet per dwelling unit; all garage, carport and storage areas between two hundred fifty (250) and five hundred (5010) square feet shall be calculated as .5 FAR; all gara~e, carport and storage areas in excess of five hundred (50,0) square feet per dwelling unit shall be included as pairt of the residential floor area calculation. For any dwelling unit which can be accessed from an alley or private road entering at the rear or side of the dwelling unit, the garage shall onlv be excluded from floor area calculations up to two hundred fifty (250) square feet per dwelling unit if it is located on said alley or ro~d; all garage, carport and storage areas between two hundred fifty (250) and five hundred (500) square feet shall ~e calculated as .5 FAR. For purposes of determining ~he exclusion, if any, applicable to garages, carports, ~nd storage areas, the area of all such structures on a parcel shall be aggregated. 4 ~ \.. 1. In the R15-B zone district, garage, carport, and storage areas shall be limited to a five hundred (500) square foot exemption. 2. Other provisions applicable to all zoning districts: No portion of a driveway to a garage shall be below the natural grade wi thin the required front setback. All portions of a garage, carport or storage area parallel to the street shall be recessed behind the front facade a minimum of ten (10) feet. Garages below natural grade, garages with a vehicular entrance width greater than twenty four (24) feet, and garages with a vehicular entrance width greater than 40% of the front facade in total shall meet one of the following conditions: ~. ~,. a. All elements of the garage shall be located within fifty feet of the rear lot line or b. All elements of the garage shall be located farther than one hundred fifty feet from the front lot line, or c. the vehicular entrance to the garage shall be perpendicular to the front lot line An element linking a detached garage to the principal structure shall not be included in the calculation bf floor area provided that the linking structure is no more than one (1) story tall, six (6) feet wide, and ten (10) feet long. Areas of linking structures in excess of ten feet in length shall be counted in floor area. .( \" (D) Subgrade areas. The area of any story whose top of floor is a maximum of eighteen (18) inches above natural or finished grade, whichever is lower, at any point along the perimeter of the building shall be excluded from floor area calculations. For any story which is partly above and partly below natural or finished grape whichever is lower, a calculation of the total volume pf the story which is above and which is below grade shall be made, for the purpose of establishing the percentage of the area of the story which shall be included in floor area calculations. This calculation shall be made by determining the total percentage of the perimet'er wall area of the story which is above natural or finished grade, whichever is lower, which shall be multiplied by the total floor area of the subject story, 5 ,e,.:.... ,> ~, and the resulting total shall be that area which is included in the floor area calculation. All areaways, lightwells and/or stairwells on the street facing side(s) of a building must be entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the street. (E) Volume. For the purpose of calculating floor area ratio and allowable floor area for a building or portion thereof whose principal use is residential, a determination shall be made as to its interior plate heights. All areas with an exterior expression of, a plate height greater than ten (10) feet, shall be counted as two (2) square feet for each one (1) square foot of floor area. Exterior expression shall be def ined as facade penetrations between nine (9) and twelve (12) feet above the level of the finished floor, and circular, semi circular or non-orthogonal fenestration between nine (9) and fifteen (15) feet above the level of the finished floor. ,i. e.',:" . ([ ~ '" (F) Planned unit development. For planned unit development (PUD) applications where land is held as common open space, and more than one lot is proposed for development, the total floor area for each lot shall be determined in the following manner: The total area development (PUD) to the total area divided by the development. of each lot in the planned unit shall be increased by an amount equal of the land held as common open space total number of 101:s proposed for Notwithstanding the above methodology for determining floor area ratio for each lot, applicants may suggest different methods for allocating the total floor area allowed for the PUD to individual lots; provided that the total floor area allowed for the PUD does not exceed the cumulative total of the floor areas for each lot as calculated by the above referenced method. ~-. .. '. (G) Accessory dwelling unit or linked pavilion. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, the following shall apply: The allowable floor area of an attached accessory dwelling unit shall be excluded UP to a maximum of two hundred fifty (250) square feet of allowable floor area or fifty percent of the size of the accessory dwelling unit whichever is less. An accessorY dwelling unit separated from a principal structure by a 6 'e. v' ',,", distance of no less than fifteen (15) feet, with a maximum footprint of four hundred fifty (450) square feet, shall be calculated at fifty percent of allowable floor area up to seven hundred (700) square feet of floor area. Any element linking the principal structure to the accessory unit may be no more than one (1) story tall, six (6) feet wide, and ten (10) feet long. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the planning and zoning commission pursuant to conditional use review and approval, section 7-304 of Chapter 24 of this Code. teR \,.. Height means the maximum possible distance from the natural or finished grade, whichever is lower, at the exterior perimeter of a building to the highest point of a structure within a single vertical plane. A. Methods of measurement for varying types of roofs. 1. Flat roofs or roofs with a slope of less than 3:12. The height of the building shall be the maximum distance measured 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. 2. Roofs with a slope from 3:12 to 8:12. For roofs with a slope from 3: 12 to 8: 12, height shall be measured vertically from the natural or finished grade, whichever is lower, to the mean height between the eaves 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. 3. Roofs with a slope of 8:12 or qreater. For roofs wi th a slope of 8: 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 eaves 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. 4. 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 of 8: 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 t.owers and like architectural projections, as well as flag poles, may extend over the specified maximum height limit. .. ~. . ~,," 7 "e \, "<,. .i~ "'> ~.. \ '" B. Exceptions for buildings on slopes. The maximum height of a building'S front (street facing) facade may extend for the first thirty (30) feet of the building's depth. c. Exceptions for areaways, lightwells and basement stairwells. An areaway, lightwell 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. Loggias are defined as an unheated area under a roof, over a living space, and at least 50% open to the outdoors on one side with or without screens. Lot area means the total horizontal area within the lot lines of a lot. Except in the R15-B zone district, when calculating floor area ratio, lot area shall include only areas with a slope of less than 20%. In addition, half (.50) of lot areas with a slope of 20-30% may be counted towards floor area ratio; areas with slopes of greater than 30% shall be excluded. The total reduction in FAR attributable to slope reduction for a given site shall not exceed 25%. Also excluded from total lot area for the purpose of floor area calculations in all zone districts is that area beneath the high water line of a body of water and that area within an existing or proposed dedicated right-Of-way or surface easements. Lot area shall include any lands dedicated to the city of Aspen or Pitkin county for the public trail system, any open irrigation ditch, or any lands subject to an above ground or below ground surface easement such as utilities that do not coincide with road easements. When calculating density, lot area shall have the same exclusions and inclusions as for calculating floor area ratio except for exclusion of areas of greater than 20% slope. Porches are defined as uninsulated, unheated areas under a roof, bounded on at least one side by the exterior wall of a living space and open on at least two sides to the outdoors with or without screens. site coverage means the percentage of a site covered by buildings, measured at the exterior walls of a building at ground level. Roof or balcony overhangs, cantilevered building elements and similar features extending directly over grade shall be excluded from maximum allowable site coverage calculations. 8 '. .. '.... ~, ''', ex i" "<>::. . B.. Subgrade areas. The area of any story, whose top of floor is a maximum of eighteen (18) inches above natural or finished grade, whichever is lower, at any point along the perimeter of the building shall be excluded from floor area calculations. For any story which is partly above and partly below natural or finished grade whichever is lower, a calculation of the total volume of the story which is above and which is below grade shall be made, for the purpose of establishing the percentage of the area of the story which shall be included in floor area calculations. This calculation shall be made by determining the total percentage of the perimeter wall area of the story which is above natural or finished grade, whichever is lower, which shall be multiplied by the total floor area of the sUbject story, and the resulting total shall be that area which is included in the floor area calculation. All areaways, lightwells and/ or stairwells on the street facing side(s) of a building must be entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the street. Section 3 : Division 5 of Article 4 of Chap'ter 24 of the Municipal Code of the City of Aspen, Colorado, which Division relates to decision-making administrative bodies, is hereby amended, to read as follows: DIVISION 5. DESIGN REVIEW APPEAL BOARD Sec. 4-501. Purpose. The Design Review Appeal Board shall review, at a regular meeting, any appeal of the Residential Design Standards. Any appeal for exemption from the Residential Design Standards should simply and succinctly identify why, if granted, the exception would (1) yield greater compliance with the goals of the Aspen Area Community Plan and (2) more effectively address the issue or problem a given standard or provision responds to, or (3) be clearly necessary for reasons of fairness related to unusual site specific constraints. Sec. 4-502. Powers and duties. The Design Review Appeal Board shall have the following powers and duties: A. To hear, review and approve variances to the Residential Design Guidelines, under Article 7, Division 3; 9 ~- M 1i't.. \' '\: c.... ~.. il.!.... ~. ,\c B. To hear and decide appeals from, and review any order, requirement, decision, or determination made by, any administrative official charged with the enforcement of this Article 7, Division 3, including appeals of interpretation of the text of the Residential Design standards. The Design Review Appeal Board may only grant relief from the Residential Design Standards. A variance from the Residential Design Standards does not grant an approval to vary other standards of this Chapter that may be provided by another decision making administrative body. Sec. 4-503. Qualifications for membership. Members of the Design Review Appeal Board shall be qualified electors in the city of Aspen and residents of the city for two (2) years prior to appointment. In the event that any member is no longer a qualified elector, the city council shall terminate the appointment of such person as a member of the Design Review Board. Sec. 4-504. Membership: appointment, removal, terms and vacancies. A. The Design Review Appeal Board shall be composed of five (5) members and one (1) alternate member who shall hold office for a term of two (2) years. Board members shall be appointed by the city council and city council shall designate the alternate member. Three members from the Historic Preservation Committee and two members, plus the alternate shall be selected from the Planning and Zoning commission. There shall be no restraint on the number of terms any member may serve. An alternate member shall attend all meetings and shall be allowed to vote in the absence of regular members. When a regular member resigns, the alternate shall automatically be designated as a regular member in replacement and another alternate, from the Board not represented by the alternate, shall be appointed by city council. B. Members shall serve in accordance with the laws of Colorado and may be removed before the expiration of their appointment by a majority vote of the city council. C. At an annual organizational meeting, the members of the board shall elect one of their members as chairperson and one as vice-chairperson. In the absence of the chairperson, the vice-chairperson shall act as chairperson and shall have all powers of the chairperson. The chairperson shall be elected for one year and shall be eligible for reelection. 10 ~e,.. ~q, -1", . l.. '~ D. The chairperson of the Design Review Appeal Board shall administer oaths, shall be in charge of all proceedings before the board, shall decide all points of order on procedure, and shall take such action as shall be necessary to preserve the order and the integrity of all proceedings before the board. E. The secretary of the Design Review Appeal Board shall be the city clerk or the city clerk's designee. The secretary shall keep the minutes, and maintain the files of all reports and actions of the board. F. Any member who has four (4) or more unexcused absences from regular meetings during the calendar year may be subject to removal by the city council. Sec. 4-505. Staff. The Community Development Department shall be the professional staff of the Design Review Appeal Board. Sec. 4-506. Quorum and necessary vote. No meeting of the Design Review Appeal Board shall be called to order, without a quorum consisting of at least three (3) members of the board being present. No meeting at which less than a quorum shall be present shall conduct any business other than to continue the agenda items to a date certain. The concurring vote of three (3) members of the Design Review Appeal Board then present and voting shall be required to decide any appeal, reverse any order, requirement, decision or determination made by an administrative official charged with the enforcement of the Residential Design Standards or to approve any variance to the Residential Design Standards. All other actions shall require the concurring vote of a simple majority of the members of the board then present and voting. Sec. 4-507. Meetings, hearings and procedure. A. Meetings of the Design Review Appeal Board shall be held on the second Tuesday of each month when necessary. Special meetings may be called by the chairperson, the vice- chairperson when the chairperson is absent, or in writing by three (3) members of the board. B. All meetings be open to the public hearings. of the Design Review Appeal Board shall although reviews are not required public 11 e, \'" . "s. . &.' I~. 'i(} ~,~ section 4 : Division 5 Municipal Code of the renumbered Division 6. of Article 4 of ci ty of Aspen, 24 is of the hereby Chapter Colorado, section 5: Article 7 of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, which Article sets forth Development Review Standards, is hereby amended to read as follows: ARTICLE 7. DEVELOPMENT REVIEW STANDARDS DIVISION 1. GENERAL The purpose of Article 7 is to establish the substantive development review standards for development applications. They include: * * * * Permitted Uses (ArtiCle 7, Division 2), Residential Design Standards (Article 7, Division 3) Conditional Uses (ArtiCle 7, Division 4), Development Subject to Special Review (Article 7, Division 5), Development in (ESA) (Article 7, Development or Districts or of Division 7), Designation of a (H) Historic Overlay District or a Historic Landmark (Article 7, Division 8), Specially Planned Areas (SPA) (Article 7, Division 9), Planned Unit Developments (PUD) (Article 7, division 10) , Subdivision review (Article 7, division 11), and Amendment to the text of this chapter or the Official Zone District Map (Article 7, Division 12). * an Environmentally Division 6), Demolition a Historic Sensitive Area * in H, Historic Overlay Landmark (H) (Article 7, * * * * * DIVISION 3. RESIDENTIAL DESIGN STANDARDS Section 7-301. General. A. Purpose. The purpose of the following design standards are to preserve established neighborhood scale and character, and to ensure that Aspen's streets and neighborhoods are public places conducive to walking. Front facades and their relationship to the street establish the character of a neighborhood. The area surrounding a home's front door creates a transition between the private life of a dwelling and the public realm. A one (1) story architectural projection emphasizing the entry provides an appropriate domestic scale for a private residence. Street facing porches, loggias, and balconies provide outdoor living 12 ~. ~. le~ {\ ~, -~. space, further animating the streetscape. Windows establish a hierarchy of spaces within--larger, formal windows denoting public areas, smaller ones suggesting private space. Consistent front setbacks define the space of the street. B. Applicabilitv. All residential development in the City of Aspen requiring a building permit from the City of Aspen, except for residential development within the R-15B zone district, shall comply with the residential design standards as specified in by the Administrative Checklist unless otherwise granted a variance by the De~ign Review Appeal Board as established in Article 4, Division 5 of this Chapter or unless granted a variance through some other required review process by the Historic Preservation commission, the Board of Adjustment, or the Planning & Zoning Commission. C. Application. A development application for residential development shall consist of an application for a Development Order pursuant to section 6-202 and section 7-302. The Development Order application shall be submitted to the Community Development Department. D. Exemptions. No application for a residential development order shall be exempt from the provisions of this section unless the Planning Director determines that the proposed development: a. adds floor area but does not alter the exterior of an existing structure; and b. is any addition or remodel of an existing structure that does not change the exterior of the building. section 7-302. Procedure. Pursuant to section 6-201. Pre application Conference. An applicant shall conduct a pre-application conference with staff of the planning division of the Community Development Department. At that conference the planner shall provide an application packet which shall include the Submission Requirements of the Administrative Checkl ist and any other pertinent land use review material. Pursuant to sections 6-202. 6-203 and 6-204. An applicant shall prepare an application for review and approval by staff. In order to proceed with additional land use reviews or obtain a Development Order, staff shall find the submitted development application consistent the Residential Design Guidelines. If an application is found to be inconsistent with any item of the Residential Design Guidelines the applicant may either 13 ~_'.l. 1t1l ./ " ~.It,.... , ~\\ \\~ ''':::, .'.'.. ~\~~ .- - amend the application or appeal staff's finding to the Design Review Appeal Board pursuant to Article 4. Division 5. Design Review Appeal Board. If any other review is required by other provisions of the code, and that review determines that certain items of the Residential Design Guidelines should be waived, than the applicant shall not be required to submit to further review by the Design Review Board of Appeal. section 7-303. Administrative Checklist The Director of Community Deve.lopment shall promulgate a checklist for use by applicants and community development staff in identifying the approvals and reviews necessary for issuance of a development order for an application that is consistent with the Residential Design Guidelines. section 7-304. Residential Design Standards 1. Building Orientation a. The orientation of the principal mass of all buildings must be parallel to the streets they face. On corner lots, both street-facing facades of the principal mass must be parallel to the road. On curvilinear streets, the principal mass of all buildings must be tangent to the midpoint of the arc. b. All single family homes, townhouses, and duplexes must have a street-oriented entrance and a. street facing principal window, except townhouses and accessory units facing courtyards or gardens, where entries and principal windows should face those features. On corner lots, entries and principal windows should face whichever street has a greater block length. 1. A street oriented entrance requires that at least one of the following two conditions are met: a. The front entry door is on the street facade b. A covered entry porch of fifty (50) or more square feet is part of the street facade. 2. A street facing principal window requires that a significant window or group of windows of a living room, dining room or 14 ~~. ., ,e,. (~! \\ ~~ ~ ~. family room face the street. c. For single family homes and duplexes with attached garages or carports, the wid'th of the house must be at least five (5) feet greater than the width of the garage along its street facing frontage. The garage must be set back at least ten (10) feet further from the street than the house. d. Multiple unit residential buildings must have at least one street-oriented entrance for every four (4) units. Front units must have a street facing principal window. 2. Building Elements a. All residential buildings must have a one-story street facing element the width of which comprises at least 20% of the building's overall width. 3. Build-To Lines a. If 75% or more of the residential buildings on the face of a block where a proj ect is to be located are within two (2) feet of a common front setback line, a minimum of 60% of a proposed project s front facade must also be within two (2) feet of that front setback. b. Corner sites are of particular importance in the definition of street frontages. Therefore on corner sites where fewer than 75% of the residential buildings on the face of a block are located within two (2) feet of a common setback line, a minimum of 60% of at least one of the street frontages of a proposed proj ect s front facade must be located within two (2) feet of the minimum setback. 4. Primary Mass a. A primary mass is a building volume for which two of the following three characteristics do not vary: plate height, ridge height, wall plane. The floor area of a primary mass in excess of 70% of total allowable FAR shall be multiplied by 1.25. 5. Inflection a. If the street frontage of an adjacent structure is one story in height for a distance more than twelve feet on the side facing a proposed building, then the adjacent portion of the proposed building must also be one (1) story in height for a distance of twelve (12) feet. 15 lIe' ~ 'th, ~_. .' \Th. " .., c;e" 1"iS . '~. - 1. If the adjacent structures on both sides of a proposed building are one story in height, the required one story volume of the proposed building may be on one side only. 2. If a proposed building occupies a corner lot, and faces an adj acent one story structure, the required one story element may be reversed to face the corner. 6. When calculating floor area ratio the following formulas and definitions shall be used: a. Accessory dwelling unit or linked pavilion. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, the following shall apply: The allowable floor area of an attached accessory dwelling unit shall be excluded up to a maximum of two hundred fifty (250) square feet of allowable floor area or fifty percent of the size of the accessory dwelling unit whichever is less. An accessory dwelling unit separated from a principal structure by no less than fifteen (15) feet with a maximum footprint of four hundred fifty (450) square feet shall be calculated at fifty percent of allowable floor area up to seven hundred (700) square feet. Any element linking the principal structure to the accessory unit may be no more than one story tall, six (6) feet wide, and ten (10) feet long. Any element linking the principal structure to an accessory structure in excess of ten feet shall have that excess counted as floor area. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the planning and zoning commission pursuant to conditional use review and approval, section 7-304 of Chapter 24 of this Code. b. Character means the density, height, coverage, setback, massing, fenestration, materials, and scale of materials. H, Historic Overlay District, historic landmark development guidelines, and Residential Design standards shall be established to give further explanation of the qualities that compose character. c. Decks, balconies porches, loggias and stairways. The calculation of the floor area of a building or a portion thereof shall not include decks, balconies, stairways, terraces and similar features; unless the area of these features is greater than fifteen percent of the maximum allowable floor area of the building. Porches shall not be counted towards FAR. Loggias shall be calculated as .5 FAR 16 (A.. ~. ev,' fit '. tit, R" \\" - - d. Garages, carports and storage a~eas. 1. All districts except the R15-B zone district. For the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, garages, carports and storage areas shall be excluded up to a maximum area of two hundred fifty (250) square feet per dwelling unit; all garage, carport and storage areas between two hundred fifty (250) and five hundred (500) square feet shall be calculated as .5 FAR; all garage carport and storage areas in excess of five hundred (500) square feet per dwelling unit shall be included as part of the residential floor area calculation. For any dwelling unit which can be accessed from an alley or private road entering at the rear or side of the dwelling unit, the garage shall onlv be excluded from floor area calculations up to two hundred fifty (250) square feet per dwelling unit if it is located on said alley or road; all garage, carport and storage areas between two hundred fifty (250) and five hundred (500) square feet shall be calculated as .5 FAR. For the puroposes of determining the exclusion, if any, applicable to garages, carports, and storage areas, the area of all such structures on a parcel shall be aggregated. 2. R-15B zone district. Garages, carports, and storage areas shall be exempt from floor area up to a maximum of five hundred (500) square feet. 3. Other provisions applicable to all zoning districts. No portion of a driveway to a garage shall be below the natural grade within the required front setback. All portions of a garage, carport or storage area parallel to the street shall be recessed behind the front facade a minimum of ten (10) feet. Garages below natural grade, garages with a vehicular entrance width greater than twenty four (24) feet, and garages with a vehicular entrance width greater than 40% of the front facade in total shall meet one of the following conditions: a. All elements of the garage shall be located within fifty (50) feet of the rear lot line or b. All elements of the garage shall be located farther than one hundred fifty (150) feet from the front lot line, or c. the vehicular entrance to the garage shall be perpendicular to the front lot line An element linking a detached garage to the principal structure shall not be included in the calculation of floor 17 -.... \9 a...... ~.. '" .~ tit k,- I' 1\ " area provided that the linking structure is no more than one story tall, six (6) feet wide, and ten (10) feet long. e. Height means the maximum possible distance from the natural or finished grade, whichever is lower, at the exterior perimeter of a building to the highest point of a structure within a single vertical plane. 1. Methods of measurement for varying types of roofs. a. Flat roofs or roofs with a slope of less than 3:12. The height of the building shall be the maximum distance measured 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 8:12. For roofs with a slope from 3:12 to 8:12, height shall be measured vertically from the natural or finished grade, whichever is lower, to the mean height between the eaves 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 (5) feet above the maximum height limit. c. Roofs with a slope of 8:12 or qreater. For roofs with a slope of 8: 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 eaves 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 of ~: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 projections, as well as flag poles, may extend over the specified maximum height limit. 2. Exceptions faT buildings on slopes. 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. Exceptions for areaways, lightwells and basement stairwells. An areaway, lightwell or basement stairwell of less than one hundred (100) square feet, entirely recessed behind the vertical plane 18 - ~e;, '<<, "", -... (%\. 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. f. Loggias are defined as an unheated area under a roof, over a living space, and at least 50% open to the outdoors on one side with or without screens. g. Lot area means the total horizontal area within the lot lines of a lot. Except in the R-15B zone district, when calculating floor area ratio, lot area shall include only areas with a slope of less than 20%. In addition, half (.50) of lot areas with a slope of 20-30% may be counted towards floor area ratio; areas with slopes of greater than 30% shall be excluded. The total reduction in FAR for a given site shall not exceed 25%. Also excluded for the purpose of floor area calculations is that area beneath the high water line of a body of water and that area within an existing or proposed dedicated right-of-way or surface easements. Lot area shall include any lands dedicated to the city of Aspen or Pitkin county for the public trail system, any open irrigation ditch, or any lands subject to an above ground or below ground surface easement such as utilities that do not coincide with road easements. When calculating density, lot area shall have the same exclusions and inclusions as for calculating floor area ratio, except for exclusion of areas of greater than 20% slope. h. Parking. The following off-street parking requirement shall be provided for each use in all residential development. 1. For single family and duplex residential use: 2 spacesldwelling unit. Fewer spaces may be provided by special review pursuant to Article 7, Division 5 for historic landmarks only, and fewer spaces may be provided by conditional use review pursuant to Article 7, Division 4, for Accessory Dwelling units only. Only 1 space per dwelling unit is required if the unit is either a studio or a 1 bedroom dwelling unit. i. Porches are defined as uninsulated, unheated areas under a roof, bounded on at least one side by the exterior wall of a living space and open on at least two sides to the outdoors with or without screens. j. site coverage means the percentage of a site covered by buildings, measured at the exterior walls 'of a building at ground level. Roof or balcony overhangs, cantilevered building elements and similar features extending directly over grade shall be excluded from maximum allowable site coverage 19 1~1l... \8,. \\;. ;e',.. '. ~ " (~ . calculations. k. Subgrade areas. The area of any story, whose top of floor is a maximum of eighteen (18) inches above natural or finished grade, whichever is lower, at any point along the perimeter of the building shall be excluded from floor area calculations. For any story which is partly above and partly below natural or finished grade whichever is lower, a calculation of the total volume of the story which is above and which is below grade shall be made, for the purpose of establishing the percentage of the area of the story which shall be included in floor area calculations. This calculation shall be made by determining the total percentage of the perimeter wall area of the story which is above natural or finished grade, whichever is lower, which shall be multiplied by the total floor area of the subject story, and the resulting total shall be that area which is included in the floor area calculation. All areaways, lightwells and/or stairwells on the street facing side(s) of a building must be entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the street. 1. Volume. For the purpose of calculating floor area ratio and allowable floor area for a building or portion thereof whose principal use is residential, a determination shall be made as to its interior plate heights. All areas with an exterior expression of a plate height greater than ten (10) feet, shall be counted as two (2) square feet for each one (1) square foot of floor area. Exterior expression shall be defined as facade penetrations between nine (9) and twelve ~ feet above the level of the finished floor, and circular, semi circular or non-orthogonal fenestration between nine (9) and fifteen (15) feet above the level of the finished floor. Section 6: Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and in the same shall be continued and concluded under such prior ordinances. Furthermore, the provisions of this ordinance shall not apply in the following specific circumstances: a. To the development of any property for which a vested right, as defined by Colorado law, has been obtained prior to the effective date hereof. b. To the construction of any dwelling unit pursuant to any building permit which was applied for prior to or on May 16, 1995 c. If, however, subsequent to and in reI iance upon 20 ~.."" ~"" i_ t. ~,','" ~~., development reviews of a project by staff and/or other review bodies, an applicant has so substantially changed his/her position or incurred extensive obligations and expenses that it would be highly inequitable and unjust to amend the plans, then the Community Development Director may issue such permit. section 7: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. section 8: 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 9: A public hearing on the Ordinance shall be held on the 12 day of June, 1995 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the city of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the city Council of the City of Aspen on the ~::( day ~, 1995. ~i>~- John ennett, Mayor FINALLY, adopted, passed and approved this /3 day of 21 <~_"" %\ <~ - 1/,',-'" \1W ~ << '.'" ~.", ' "\" ~ ' 1995. ~_ John ~tt~~~ayor A 22 _____ "~--"--"'------__",. _ _._ _~ .. _. ..A__.". ~", . \ .'< " ~-f ,.,.""" ~.:" ""'" M..e'" . @ \\ ADDENDUM - ORDINANCE 30 ~ ~&e-. /IV J2-/1::6,er CI//Jrf/&e!' ) /.AI ?!....I1"fE! /k:l6?-fr" ~N/'~/ ;!1/11;G. / ~C~ /IV /<.;f)~ ~61-1-7 . C/l7lr({;rC/A/ ) p~ 1f&76d '~6r/N Jt/~ /"c,&VE" / AI /J? ff1!Z-1 4J /?-5 S !- t~. \\ "\- l ~ ~ ~ ~ ~ ~ . '\ ~~ ~~ for;..!( oeTWW {2J C6G ! e-/11I6 ~{Y:/~~ tL. ::::.:.:..'. ' /:J0/6;;t:D &:zp,-;:..-':::-.? ' c:: iilA-r"'~-1"" V" 6--::;';)~ "It'. '. 0'i \\t ~.. \~ ~ " '" ~ ~ " \. ~. "" .( ~.. k iJS ~ ~ ~ " ~f3i..oP& .JJe::-1irl..f- g:// . 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