Loading...
HomeMy WebLinkAboutordinance.council.011-75RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 11 (Series of 1975) AN ORDINANCE REPEALING CHAPTER 24, "ZONING" OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, RE-ENACTING OR AMENDING CERTAIN SECTIONS THEREOF, ADDING PROVISIONS NOT PREVIOUSLY A PART OF SAID CHAPTER; INCORPORATING BY REFERENCE A REVISED ZONING DISTRICT MAP AND BY THE REFERENCE ADOPTING THE SAME; SAVING PROSECUTION AND PENALTIES FOR VIOLATIONS OF THE PREVIOUS SECTIONS WHICH VIOLATIONS OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING, iN ADDITION TO OTHER LEGAL REMEDIES,THAT FOR VIOLATIONS OF CHAPTER 24 THERE MAY BE IMPOSED FINES UP TO AND INCLUDING $300 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. WHEREAS, The Aspen City Council has initiated the revision of Chapter 24, including the zoning district map incorporated therein, and on recommendation of the Planning and Zoning Commission and after public hearing duly noticed and held, concludes that said Chapter 24 should be substantially revised and put in a form as contained in detail in the balance of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 Adoption That Chapter 24 "Zoning", including the zoning district map therein incorporated, of the Municipal Code of the City of Aspen, is hereby repealed and the said Chapter 24 is re-enacted to read as follows: "Chapter 24 ZONING RECORD OF PROCEEDINGS 100 Leaves ARTICLE I INTRODUCTION 24-1.1 Short Title This ordinance shall be known and may be cited as the Zoning Code of the City of Aspen. 24.-1.2 Intent and Purposes ~-~ a--~rdance with the genera~ plan of the City of Aspen, Colorado, and as authorized by the statutes of the State of Colorado and by Article XX of the Colorado Constitution, this Chapter is intended to insure the following benefits to the cftizens: A. To promote the health, safety and welfare of the community; B. To lessen congestion in the streets and enhance pedestrian and vehicular movement with the least detriment to environmental quality; C. To secure the safety of the people against fire hazards, avalanche, unstable slopes, rock fall, mud slides and flood danger; D. To provide adequate light and open sapce and avoid undue concentration of population; E. To provide clean air by protecting our clear air drainage basin and reducing pollutants into the air; F. To protect our water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedi- mentation, eliminating pollutants introduced directly into our streams, and enhancing public access to recreational water sources; G. To prevent the overcrowding of land and avoid transportation and service demands that cannot be satisfied; H. To facilitate adequate provision of water, sewage, schools, parks, ~pen space, !~osoital, recreation and other public requirementS; I. To preserve our areas of historical and archaeological importance, and provide for adequate open space and preservation of scenic views; J. To maintain the natural scenic beauty of Aspen Mountain and the Roarinq Fork Valley to sustain our tourist based economy; K. To provide for phased development of government services and facilities and to aid in realizing the policies, objectives and goals of the City's comprehensive plan; L. To encourage innovations in residential develop- ment and renewal so that the growing demand for housing may be met by greater variety in type and design of dwellings and by the conservation of more efficient and attractive use of open space; M. To insure that moderate and low income housing is constructed to satisfy local needs and insure that a proper balance is achieved between tourist and residential housing; -1- RECORD OF PROCEEDINGS 100 Leaves N. To advance a more effective use of land and a higher quality of site planning reflecting improvements in the technology of land development; O. To regulate the use of land on the basis of impact thereof on the community; P. To establish land use patterns that are compatible with surrounding county zoning districts; Q. To correlate tourist accommondations with the skier capacity of the surrounding ski areas; R. To otherwise plan for and regulate the use of land so as to provide a planned and orderly use of land, protection of the environment, and preservation of our viability as a tourist area, all to conserve the value of the invest- ments of the people of this community and en- courage the most appropriate use of land throughout the municipality. -lA- RECORD OF PROCEEDINGS 100 Leaves ARTICLE II ZONE DISTRICTS AND OFFICIAL MAP - GENERAL PROVISIONS 24-2.1 24-2.2 Creation of Districts A. In order to carry out the purposes of this Chapter, the City of Aspen is hereby divided into the following zone districts: 1. R-6 Residential 2. R-15 Residential 3. R-30 Residential 4. R-40 Residential 5. R/MF Residential/Multi-Family 6. RR Rural Residential 7. CC Commercial Core 8. C-1 Commercial 9. S/C/I Service/Commercial/Industrial 10. NC Neighborhood Commercial 11. 0 Office 12. L-1 Lodge 13. L-2 Lodge 14. CL Commercial Lodge 15. A Academic 16. C Conservation 17. P Park 18. Pub Public 19. 0-2 Office B. If a questions arrises as to whether a specific use does or does not come within any of the above expressed use categories, any person may apply to the Zoning Commission for a determination as to whether a specified use is expressly or conditionally permitted, which determination shall be made on an analysis of the intention of the district and the compatibility of the proposed use with specified permitted and conditional uses. C. All of the above districts may be developed under planned unit development PUD concept as described in Article VIII herein, provided, however, if any district is designated with the suffix PUD on the Zoning District Map, all development within such district must occur under and shall be regulated by the provisions of Article VIII. D. All permitted and conditional uses of any district are subject to the additional standards and regulations contained in Article IX of this Chapter when all or any part of a district has been designated as an H, Historic Overlay District under the provisions of said Article IX. Zoning District Map A. The location and boundaries of the zoning districts herein established are set forth on the Zoning District Map of the City of Aspen which accompanies this zoning cide and which map, with all notations, references, and other information shown thereon, is incorporated herein and is as much a part of this zoning code as if fully described and set forth herein. RECORD OF PROCEEDINGS 100 Leaves B. If, in accordance with the provisions of this zoning code, changes are made in district boundaries or other matters portrayed on the official Zoning District Map, such changes shall be entered on the map promptly after amendment. Provided that no Planning and Zoning recommendation for a change to the map shall have interim effect until the notations required by Section 24-11.7 have been made, all as provided in sai~ Section 24-11.7 C. Regardless of the existence of purported copies of the official Zoning District Map which from time to time may be made or published, the official map which shall be located in the office of the City Clerk shall be the final authority as to the current zoning status of land, buildings and other structures in the City. 24-2.3 Interpretation of the Zoning District Map When, due to the scale, lack of detail or illegibility of the Zoning District Map, there is any uncertainty, contradiction or conflict as to the intended location of any zoning district boundary as shown thereon, the Build- ing Inspector shall make an interpretation of said map upon request of any person, and any person aggrieved by any such interpretation may appeal the same to the Planning and Zoning Commission. The Building Inspector and Planning and Zoning Commission, in interpreting the map or deciding any appeal, shall apply the following standards: A. ?he zoning district boundary lines are intended to follow lot lines, or be parallel or perpendic- ular thereto, or along the center lines of alleys, streets, rights-of-way or water courses, unless such boundary lines are fixed dimensions shown on the map. B. Where zoning district boundary lines are so indi- cated that they approximately follow lot lines, such lot lines shall be construed to be the boundary lines. C.Where a zoning district boundary line divides a lot, the location of such boundary line, unless indicated by dimensions shown on the zoning map, shall be determined by the use of the map scale shown thereon. D. If, after application of the foregoing rules, uncertainty still exists as to the exact loca- tion of a zoning district boundary, the line shall be determined in a reasonable manner, considering the history of the city's zoning ordinances and amendments, and other factors as shall be deemed relevant. 24-2.4 Recordation of Waiver of District Regulationn A. ~;henever the zoning classification of an area of land is changed by legislative action and such change, in whole or in part, is based upon a representation by the applicant that he will waive certain rights available to him under the proposed district classification and that he will use the area of land involved or erect structures thereon in an manner more restricted than other- wise would be required, no building permits shall be issued except in strict compliance' with such waiver. RECORD OF PROCEEDINGS 100 Leaves B. Whenever permission to develop is based, in whole or in part, upon a representation by an applicant that he will waive certain rights available to him under an existent district classification and that he will use the area in a manner more restrained than would other- wise be required, no building permits shall be issued except in strict compliance with such waiver. C. Whenever an applicant for rezoning or develop- ment permission shall have waived such rights or consented to such restraints, and the waiver or constraints do not appear on a plat or binding site plan 6f record, then the Secretary of the Planning and Zoning Commission shall make notation of the same in the records of the Clerk and Recorder of Pitkin County. D. All such limitations shall be binding upon the applicant and his successors and assigns, all of whom shall be deemed conclusively to have assented to all of those conditions, waivers and limitations and to have waived objection to the same. 24-2.5 Zoning of Vacated Areas Whenever, subsequent to the effective date of this section, any street, alley or other public way within the City of Aspen shall be vacated by action of the City Council, and when the lands within the boundaries thereof attach to and become part of lands adjoining such street, alley or public way, such lands formerly within such vacated street, alley or public way shall, automatically, and with- out further action by the City Council, acquire and be sub- ject to the same zoninc regulations as are applicable to land to which they attach, provided, that in determining land available for development, there shall be excluded from the calculation of allowable density or required open space those areas of the development tract acquired by vacation. 24-2.6 Land Under Water Whenever there is proposed for development a tract of land partially under water at any time during the year, there shall be excluded from the calculation in determining allow- able density or required open space those areas of the development tract under water and up to the mean water line. 24.-2.7 General Exemption for Utilities Essential services shall be permitted as authorized by law, it being the intention of this section to exempt such essential services from the application of this zoning code. For purposes of this section, essential services is defined to include the erection, alteration or maintenance by public utilities or municipal departments of underground, sur- face or overhead gas, electrical, steam, fuel or water transmission or distribution systems including towers, poles, wires, mains, -4- RECORD OF PROCEEDINGS 100 Leaves drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection herewith. Excluded from the exemption granted by this section are the maintenance and business facilities necessary to supply such ser- vices, which facilities shall be restricted to their appropriate zone district. 24-2.8 Mandatory Economic Studies Whenever the Planning Commission shall have review of a development proposal by means of the provisions of this zon- ing code, and it shall determine that it be necessary, to adequately apprise itself of the impact or an economic con- sequences of a development, that an economic impact statement or a market feasibility analysis be done, it shall be pro- vided by the applicant at his cost, unless otherwise directed by the Commission. All required statements or analysis shall be executed by licensed professionals or other person (s) qualified to do the requested study and the Commission shall review the qualifications of those employed. If the Commission shall refuse to accept said person(s) as qualified, ~hich refusal shall not be arbitrary, the applicant shall present alternate qualified persons to the satisfaction of the Commission. The format of the proposed study shall be accept- able to the City and be compatible with any existent base models previously prepared by City employees. The require- ments of this section shall in no event be applied to a permit application for one single family or duplex residence. The results of any economic impact study or market feasibility analysis shall not dictate either approval or disapproval of the proposed project. 24-2.9 Applicability to Public Agencies The provisions of this code, to the extent permitted by law, shall apply to all public bodies, districts and agencies of the federal, state, county and municipal governments. 24-2.10 Conceptual or Preliminary Approvals Whenever within the requirements of this Chapter, pro- vision is made for a conceptual or preliminary approval by the City Council or Planning and Zoning Commission of a plan, project, rezoning, activity, or other action, any such approval given shall only authorize further study, plan- ning or other work on the plan, project, rezoning, activity, or other action. Such approval shall not be considered binding nor as a final approval, and any person, firm or corporation who expends time or funds in reliance thereon shall do so at his or its own risk. The City shall have no liability or responsibility for any detriment incurred there- by nor shall its agencies be estopped by reason thereof from withholding final approval. -5- RECORD OF PROCEEDINGS 100 Leaves ARTICLE III ZONE DISTRICT DEFINITIONS AND REGULATIONS 24-3.1 Definitions For the purposes of this zoning code, certain words and phrases shall be defined as herein provided. When not inconsistent with the text, words used in the present tense include the future, words in the singular number include the plural, words in the plural include the singular, and the masculine includes the feminine. The word "shall" is mandatory, and the word "may" is permissive. A. Alley: A public way permanently reserved as a secondary means of access to abutting property. B. Basement: That area of a structure 50 per cent or more of which is below grade, subordinate to the principal use of the building, and used for parking, storage, and other secondary purposes. Those areas beneath a basement shall be designated sub-basement(s). C. Boarding house, rooming house, dormitory: A building or portion thereof other than a hotel, motel, lodge or multiple family dwelling wherein lodging and/or meals are provided for six (6) or more persons for compensation, which compensation may include money, services, or other things of value. D. Building: Any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, and not including adver- tising sign boards or fences. E. Building Site: Area or a lot or lots upon which a building or structure may be erected, or open space or arcades located. F. Dwelling: A permanent building or portion thereof which is used as the private residence or sleeping place of one or more human beings, but not in- cluding hotels, lodge units, clubs, hospitals, temporary structures such as tents, railroad cars, trailers, street cars, raetal prefabricated sections, or similar units. 1. One family dwelling: A detached principal building, other than a mobile home, designed for and used as a dwelling exclusively by one family as an independent housekeeping unit. 2. Two family dwellin~ (also known as a '~uplex"): A detached principal building containing only two _ dwelling units sharing a common wall no less than 20 percent between both dwelling units or shar- ing a common ceiling and floor, in whole or in part, connecting two dwelling units. 3. Multiple-family dwelling: A dwelling con- taining three or more dwelling units, not including hotels and lodges, but including town- houses, with accessory use facilities limited to an office, laundry, recreation facilities and off-street parking used by the occupants. G. Dwelling unit: One or more rooms, in addition to a kitchen and/or bath facilities,intended or designed for occupancy by a family or guests independent of other families or guests. - 6 RECORD OF PROCEEDINGS 100 Leaves H. Employee Housing: That housing used exclusively for persons employed on the premises by the owner or manager thereof. I. Family: Any lndividual~-or two (2) or more persons related by blood or marriage or between whom there is a legally recognized relationship, or a group of not more than six (6) unrelated persons occupying the same dwelling unit. j. Farm and garden buildings and uses: Those building and structures used to shelter or enclose livestock, poultry, feed, flowers, field equipment or similar uses; and those uses of land devoted to raising of crops, poultry, or livestock. K. Floor Area; Ratio: A numerical statement of the relationships of uses within a structure (internal) or of the size of a structure to its building site (external). 1. Internal Floor Area Ratio: Floor area within a structure devoted to a particular use as it compares to the total area of the build'ing. 2. External Floor Area Ratio:. Total floor area of building(s) or structure(s) as it compares to the total area of the building site. L. Junk Yard: A yard or parcel of land, or portion thereof, used for collecting, storage or sale of waste paper, rags, scrap metal, or discarded materials; or for the collecting dismantling, storage, salvaging or demolition of vehicles, machinery or other materials. M. Lot: A parcel of real property as shown with a separate and distinct number or letter on a plat recorded in the Pitkin County Courthouse, or when not so platted in a recorded subdivision, a parcel of real property abutting upon at least one public street and held under separate ownership. 1.Front lot line: The property line dividing a lot from a street. 2. Rear lot line: The property line opposite the front lot line. 3. Side lot line: Any lot lines other than front or rear lot lines. 4. Lot area: The total horizontal area within the lot lines of a lot except that beneath the me a n water line of a body of water. 5. Lot depth: The shortest horizontal distance between the front and rear lot lines measured in the mean direction of the side lot line. 6. Lot width: The distance between the side lot lines measured congruent with the front yard setback line. N. Mobile Home Park: Any lot or portion thereof upon which sanitary facilities and individual utility connections are available for two or more mobile homes. O. Hotel and Lodge: A building containing three or more units~Lnone of which units~con~a~n kitcheh>fa¢:il~tie~:~ intended for temporary - 7 - RECORD OF PROCEEDINGS 100 Leaves occupancy of guests. Accessory use facilities may consist of an office, laundry facilities used by the occupants, recreation facilities, a lobby or lounge, kitchen and dining facilities and similar accessory uses commonly found in association with a commercial hotel or lodge operation and meeting requirements of the particular zone district in which the building is located. P, Occupied: The word "occupied" includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied. Q. Open-use recreation site: Land devoted to public use for recreation including such facilities as playgrounds and playfields, golf, tennis and similar court installation, riding ring, tracks and stables and similar facilities. R. Person: The word "person" shall also include association, firm, co-partnership, or cor- poration. S. Professional Office: For use by those such as physicians, dentists, lawyers, architects, engineers, accountants and others, who, through training, are qualified to perform services of a professional nature, and where limited storage or sale of merchandise exists. ~. Public way: Any parcel of land unobstructed from the ground to the sky, dedicated or appropriated to %he free passage of the general public. U. Recreation club: A building devoted to public use including such facilities as golf club house, swimming pool club house, tennis club house, playground and playfield activity centers or club houses and may include kitchen facilities, assembly halls, meeting rooms, locker facilities, etc. U. Service Yard: Any yard area utilized for storage of material accessory to or used in conjunction with the principal use of the lot or building, or used for garbage or trash containers or the location of mechanical equipment accessory to the principal building or use. W. Shop-Craft Industry: Any establishment producing one-of-a-kind objects, made by hand or with limited mechanical assistance, including cloth and basket weaving, pottery making, glass blow- ing, and ceramics. X. Street: A public way other than an alley, which affords the principal means of access to abutting property, including private streets. y.~ Structure: Anything constructed or erected, which requires location on the ground or attached to -8- RECORD OF PROCEEDINGS 100 Leaves something having a location on the ground, but not including fences or walls used as fences less than six feet (6') in height, poles, lines, cables, or other transmission or distribution facilities of public utilities. Use: The purpose for which land or a building is designated, arranged, or intended, or for which it either is or may be occupied or maintained. Yard: An open space other than a court, not in an alley or street, unoccupied and unobstructed from the ground upward, except as otherwise provided in this code. 1. Front yard: A yard extending the full width of the lot or parcel the depth of which is measured by the least horizontal distance between the front lot line and the nearest wall of the principal building, such distance being referred to as the front yard setback. 2. Rear yard: A yard extending the full width of the lot or parcel, the depth of which is measured by the least horizontal distance between the rear lot line and the nearest wall of the principal building, such depth being referred to as the rear yard setback. 3. Side yard; A yard extending from the front yard to the rear yard, the width of which is measured by the least horizontal distance between the side lot line and the nearest wall of the principal building. 24-3.2 Permitted and Conditional Uses To facilitate public understanding of this zoning code and for the better administration, convenience and use thereof, the following schedule of permitted and conditional uses for the various zone district is hereby adopted and declared to be a part of this code, and may be amended in the same manner as any other part of this zoning code. Those uses designated as permitted are allowed as a matter of right and without special authorization in the districts where so listed. The establishment of any permitted use is subject only to the obtaining of a building permit and conformance to the requirements of this code and such other regulations and laws as may be applicable. Conditional uses are those uses which are allowed in those districts where so authorized by the district regulations only when and if a conditonal use permit is granted therefore in accordance with the procedures and requirements set forth in Section 24-3.3. (insert schedule) t DISTRICT INTENTION PERMITTED USES CONDITIONAL'USES Residential R-6 To provide areas for residential purposes with customary accessory uses. Recreational and institu- tional uses customarily found in proximity to residential uses are inclu- ded as conditional uses. One family dwelling, two family Open use recreation dwelling; accessory building and site; public school; use; farm and garden building and church; hospital; .public use provided that all such build- administration building~ ings and storage areas are located day care centers; See at least 100 feet from pre-exist- 24-3.7 K ing dwellings on other lots. Residential R-15 Same as R-6 Same as R-6 Same as R- 6; lodge where indicated on the zoning district map Residential R-30 Same as R-6 Same as R-6 Same as R-6 Residential R-40 Same as R-6 Same as R-6 Open use recreation site; riding academy; public school; church hospital;public admin- istration building Residential/ Multi-Family To provide for the use of land for intensive long term residential purposes, with customary accessory uses and less intensive office uses. Recreational and institutional uses customarily found in proxi- mity to residential uses are included as conditional uses. One family dwelling, two family dwelling; multi-family dwell- ings; town houses; accessory building or use Same as R-6; Rural residential RR To allow utilization of land One family dwelling; accessory for low density residential building, and use; farm and purposes with customary garden building use provided recreational, institutional, that all such buildings and public and other compatible storage areas are located at uses customarily found in least 100 feet from pre-exist- proximity to those uses ing dwelling in other lots; permitted included as nursery; greenhouse. conditional uses. Public building; public school; church; hospita radio tower~ recreation club; open use recreati site including ski runs ski lifts and other ski lng facilities and structures; sewage dis- posal area; ~;ater treat ment plant; water stor- age and reservoir area: electric substation or gas regulator stations (not including buildin~ for offices, repair or storage) To retain the present mix Single family, duplex and of uses on Main Street, to eh- and multi-family residences courage the preservation of professional and business structures of historic signifi offices. cance and the character of the entrance to town, to provide for reasonable use of properties along Main Street, and to main- tain efficient use of Main Street as a primary high volume east- west thoroughfare. Art, dance or music studios; library; day care center; restauran rooming and boarding houses if located in a structure which as re- ceived an H,Iiistoric Designation, and adequ parking is provided on site with access from alley; museums and mortuaries. DISTRICT INTENTION PERMITTED USES CONDITIONAL USES Commercial Core CC To allow the use of land for 1. retail and service commercial, recreation and institutional 2. purposes with customary accessory uses to enhance the business and service character in this central core of the city. Accommo- 3. dations and residential uses are limited to an accessory Medical and dental clinics, professional offices; Open use recreation site, recreation club, theater, assembly hall, school, church, hospital, public building for administration; Restaurant, tea room-provided all facilities for preparation of food are located within a building on the lot; 4. Retail commercial establish- ments limited to the follow- ing and similar uses: antique store, appliance store, art supply store, art gallery, bakery, bookstore, camera shop, candy, tobacco or cigarette store, florist shop, food market, furniture store, gift shop, hardware store, hobby shop, jewelry shop, job printing shop, key shop, liquor store, pet shop, paint and wallpaper store, photography shop, sporting goods store, stationery store, variety store 5. Service commercial establish- ments limited to the follow- ing and similar uses: Business office, catering service, financial institution, per- sonal service including barber and beauty shop, custom sewing, dry cleaning pick-up station, laundromat, tailoring and shoe repair shop, parking lot or parking garage, studio for instruction in the arts, radio or tele- vision broadcasting facility; 6. Rental, repair and wholesaling facilities in conjunction with any of the above listed uses provided all such activity is clearly incidental and acces- sory to the permitted use and conducted within a building; 7. Storage of materials accessory to any of the above listed uses provided all such storage is located within a structure; 8. Boarding house, rooming house, dormitory -- accessory to other permitted uses, and comprising less than one-half of the total floor area of the building, exclusive of floor area devoted to parking; 9. Dwelling units -- accessory to other permitted uses, and com- prisin~ less than one-half of the total floor area of the building 10. Newspaper publishing office ll. Cabaret and night club 1. Recreationa~ and entertainment establishments limite( to the following and similar uses: busines~ fraternal or social club or hall; ice or roller skating rink; shop craft industry; gasoline service station; provided all operations are con- ducted within the primcipal building or structure 2. Hotel 3. Newspaper and maga- zine printing; DISTRICT INTENTION PERMITTED USES CONDITIONAL USES C-1 TO p~ovide for the establish- ment of commercial uses which are not primarily oriented towards serving the tourist population 1. Medical and dental clinics professionsal and business offices. 2. Open use recreation site or club, assembly hall, church, hospital, public building for administra- tion. 3. Retail commercial estab- lishments limited to the following and similar uses: antique store, appliance store, art supply store, bookstore, photo and camera shop, art gallery, florist, hobby or craft shop, jewelry store, pet shop, furniture store, hardware store, paint and wallpaper store. 4. Service commercial estab- lishments limited to the following and similar uses: business office, catering service, financial institution, parking garage. 5. Accessory storage for the above uses if located within the structure. 6. Dwelling units accessory to permitted uses. 7. Single-family, duplex and multi-family units. 8. Broadcasting stations None DISTRICT INTENTION PERMITTED USES CONDITIONAL USES Cu~u,ercial Lodge CL To provide for the estab- lishment of commercial uses at street level but requir- ing that all additional stories be lodge accommoda- tions. Academic A To establish areas used for education and cultural activities with attendant research, housing and administrative facilities. Ail development is to pro- ceed according to a site plan approved pursuant to the provisions of Article VII, Specially. Planned Areas Ail street level uses same as CC; lodge accormmodations on second and other stories None Private school or university; teaching hospital; research facility and testing laboratory provided that such facilities are enclosed and there are no adverse noise or environmental effects, auditorium and other facilities for.performances and lectures; gallery; museum; library; and administrative offices Boarding house an~ dormitory for housing students and faculty; student health care facility; student and faculty dining hall Conservation C To provide areas of low density development to enhance public recreation, conserve natural resources, encourage the production of crops and animals, and to contain and structure urban development Single family dwelling; public elementary, junior and senior high school; hospital; church; park, playfield, playground and golf course; riding stable; cemetary; crop production, orchards, nurseries, flower production and forest land; pasture and grazing land; dairy; fishery; animal production; husbandry services (not including cormmercial feed lots) and other farm and agricultural uses; railroad right of way but not railway yard Guest ranches; recrea- hional uses including riding academy, stable, or club, country club and golf course; ski li and other ski facilitie sewage disposal area; water treatment plant and storage reservoir; electric substations and gas regulator stations (not including business or administra- tion offices) Park P To insure that land in- 1. tended for recreation use is developed in such a manner to serve its in- tended use while not exert- 2. ing a disruptive influence on adjacent uses of land. When an additional Transportation (T) desig- nation, to provide for the use of the public tracts for both parks and public transportation facilities in the most compatible manner but with the park character to remain domi- 3. nant. And when an addi- tional Drainage (D) desig- nation, to provide for the use of public tracts for both park and drainage system facilities in the 4. most compatible manner with the park character to re- main dominant Open use recreational facility; Recreation building; park, playfield; playground; sport shop; restuarant golf course; riding stable; facility nursery; botanical garden When a Transportation (T) designation appears on the zoning district map, all the uses in paragraph 1; public transportation facility, in- cluding bus stop and other public transit stops; terminal building: transportation information and other service related facilities; public underground parking structure When a Drainage (D) designa- tion appears, all uses in paragraph 1; all uses re- quired by an approved drain- age plan including conduits, swales and retention ponds When a Drainage/Transporta- tion (D/T) designation appears all uses in paragraphs 1, 2 and 3. Public Pub TO provide for the develop- ment of governmental and quasi-governmental facil- ities for culturD1, educa- tional, civic and other governmental purposes Library: museum; post office; hospital; essential governmental and public utility uses, facili- ties, services and buildings (excluding maintenance shops); performing art center; public transit stop; terminal buildings, transportation information and other service related facilities; public surface and underground parking areas; community recrea- tion facility; fire station; public park None DISTRICT INTENTION PERMITTED USES CONDITIONAL USES Service/Commercial/ Industrial slclI TO allow the use of land for limted commercial purposes and limited indus- trial purposes, with customary accessory and institu%ional uses. In addition, residences for those employed in this district may be included in the service or commercial buildings or adjacent thereto ~as conditional uses Limited co~Taercial and dwelling units accessory industrial uses including to other permitted uses; the following an~ similar catalogue sales store uses: vehicle sales; equip- rental, storage and repair; gasoline service station; automobile washing facilities; electrical and plumbing service shops; limited indus- trial uses including the following and similar uses: builder's supply; dry clean- ing plant and la, dry; fabri- cation a.nd repair of build- materials and components; lumber yard; manufacture and repair of sporting goods; printing and publishing plants; warehousing and storage; and shop craft industry; provided that no permitted uses creates an unusual traffic hazard, noise, dust, fuleS, odors, smoke, vapor, vibration, glare, or industrial waste disposal problem (see sec- tion 24-3.3 D) Neighborhood commercial NC To allow convenience estab- lishments as part of a neighborhood, designed and planned to be compatible with the surrounding neigh- borhood and to reduce traffic generation, circulation and parking problems Small convenienc~ establish- Service station; ments designed and intended appliance, TV sales to serve the daily or fre- and service shop; quent trade or service needs laundromat; garden of an immediately surrounding shop; hardware shop; neighborhood. ~lch establish- paint and wallpaper ments include f~od stores, store; carpet, floor- pharmaceuticals, liquor stores,ing and drapery shop; dry cleaning and laundry pick- business and pro- up stations, barber shops, fessional office; beauty shops, post office accessory dwelling branches, and shoe repair units shops. Office 0 To provide for the estab- lishment of offices and associated commercial Medical, dental and other professional ar~ business offices; mortuaries; flor- ist; pharmacies for the ex- clusive purpose or serving medical and den~al offices; single family, ~uplex and multi-family r~idences Art, dance or music studios; business, fraternal or social club; shop craft industry; library; nursery; day care center; athletic club Lodge-One L-1 To encourage construction and renovation of lodges in the areas adjacent to the co~nercial core and to pre- vent the conversion of existing lodges into long- term residences. Lodge units; boarding houses; hotel; dining reom, laundry and recreational facilites for guests only. Restaurant Lodge-Two L-2 TO encourage construction and renovation of lodges in the area at the base of Aspen Mountain and to allow con- struction of tourist oriented multi-family units Lodge units boamt~ng houses; hotel; dining ruom, laundry and recreation ~acilities for guests only; mu~ti-family residences ~estaurant -9d- RECORD OF PROCEEDINGS 100 Leaves 24-3.3 Grant of Conditional Use. Whenever a use has been designated a conditional use, a permit for such use shall issue only upon approval of the Planning and Zoning Commission. A. All applications for approval of a conditional use shall be processed pursuant to the provisions of Section 2-22 of the Municipal Code of the City of Aspen as if the request were one for a use vari- ance, provided that the applicant need not estab- lish the grounds for variance stated in subsection (d) thereof. B. In considering the suitability of the conditional use, the Commission shall determine (1) whether the proposed use otherwise complies with all re- requirements imposed by the zoning code, (2) whether the proposed use is consistent with the objectives and purposes of this zoning code and the applicable zoning district and (3) if the proposed use is designed to be compatible with surrounding land uses and uses in the area. C. No approved conditional use may be modified, structurally enlarged or expanded in ground area unless such modification, enlargement or expansion receives the prior approval of the Commission which approval shall be obtained by repetition of the granting procedures herein provided. D. Whenever a use in the Service/Commercial/Industrial district is conditional because it may create unusual traffic hazards, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems, such use shall not be approved without the following limitations: 1. All such uses shall be operated within an en- closed structure. 2. Noise, dust, fumes, odors, smoke, vapor, vibra- tion, glare or waste shall be confined to the lot on which the use is permitted. 3. Outdoor storage, equipment, and refuse areas shall be concealed from the view of abutting residential districts and public rights-of-way. 24-3.4 Area and Bulk Requirements The following schedule of lot area, lot width, front yard, side yard, rear yard, maximum height, building distance, maximum square footage, and open space requirements for the various zone districts is hereby adopted and de- clared to be a part of this code and may be amended in the same manner as any other part of this zoning code. These basic regulations are further defined and supplemented by additional requirements and excerpts in subsequent sections of this article. (insert schedule) -10- t 0 RECORD OF PROCEEDINGS 100 Leaves 24-3.5 Special Review Criteria Whenever it shall be indicated on the Area and Bulk Requirements Chart that the application is subject to Special Review (aR), the Building Inspector shall forward the application for development permission to the Zoning Commission which shall allow or deny the development after considering: A. The adequacy of access to the site in view of the width of adjacent streets, their grades, intersection safety, visibility and entrance into the lot to be developed; B. Whether there exists safe access and sufficient water pressure to provide fire protection; C. The existent water pressure in the area and the ability of the water system to supply domestic needs; · D. Whether there will be provided sufficient off-street parking as determined by (1) the intended use of the property (2) walking distance to the downtown area and (3) the availability of public transportation; E. The impact of the development considering the potential for steam and air pol~u~$on~ aqd ~e availability of public transportat!on aha o~ser public or p~ivat~ ~rvices. F In no event shall there be permitted more than one bedroom per 1,000 square feet of lot area. 24-3.6 Use Square Footage Limitations W--~-~in the commercial districts, including the Service/ Commerical/Industrial District, all permitted and conditional commercial businesses shall be restricted to a maximum gross floor area, excluding any basement area used exclusively for storage (except commercial storage) purposes or underground parking. A. The following and similar uses shall be limited to 3,000 square feet in gross floor area: Antique shop; art supply; bakery; bookstore; camera shop; candy; tobacco or cigarette shop; catalogue store; drug store; florist shop; gift shop; hobby shop; jewelry shop; key shop; liquor store; pet shop; photography shop; stationery store; dry cleaning pick-up station; barber and beauty shop; small appliance store; art gallery decorator shop; seamstress; laundro- mat; tailor; shoe repair shop; radio and TV broad- casting stations; and rental, repair and whole- saling, provided they are accessory uses; electrical and plumbing service shops; auto- mobile washing facility; pharmacies; art studio; catering service. B. The following and similar uses shall be limited to 6,000 square feet in gross floor area; drugstore (including pharmacy); equipment rental, storage and repair; shop craft industry; fabri- cation and repair and building materials (with an additional 3,000 square feet permitted for storage); sporting goods store; variety shop; professional offices. 11 - RECORD OF PROCEEDINGS 100 Leaves Ce The following and similar uses shall be limited to 9,000 square feet in gross floor area: service station; restaurant. The following and similar uses shall be limited to 12,000 square feet in gross floor area: vehicle sales (with an additional 6,000 square feet permitted for outdoor storage); builder supply yard; lumber yard; dry cleaning plant and laundry; manufacture and repair of sport- ing goods; printing and publishing plant; furniture store; carpet and floor covering store; financial institutions~ ~ajor appliance store. The following and similar uses shall be limited to 20,000 square feet in gross floor area: food market; warehousing and storage. All of the square footage limitations on use shall not restrict the square footage of the total retail sales areas of the commercial zone districts or any buildings occupied by any combination of more than one of the above uses; provided, however, that any businesses enumer- ated above, of the same type which occur indivi- dually or jointly in a single structure or combination of structures situated upon a single tract of land under the same ownership, shall be considered one business and together ? restricted to the maximum gross floor area given herein. The PLanning and Zoning Commission may, upon application thereto, grant variances from the above square footage limitations when it is satisfied that there are practical difficulties or unnecessary hardships created by their strict application, or that public need and demand require an increased floor area for a particular proposed use. -lla- RECORD OF PROCEEDINGS 100 Leaves 24-3.7 Supplementary Regulations Regulations specified in other section~ of this Article shall be subject to the following interpretations and exceptions: A. Accessory Buildings and Uses Accessory buildings and uses shall be permitted in every zone distrct. 1. An accessory building is defined as a detached subordinate building, the use of which is customarily incidental to that of the principal building or to the principal use of the land and which is located on the same lot or parcel with the principal building or use. Accessory buildings shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent resi- dential occupancy. 2. An accessory use is one that is naturally and normally incidental to, subordinate to, and devoted exclusively to the principal use of the premises, and does not change the basic character thereof, as determined by its principal use. B. Home Occupations A home occupation shall be allowed as a permitted accessory use provided the following conditions are met: 1. Each use must be conducted entirely within a dwelling and carried on by the inhabitants living there and no others. 2. Such use must be clearly incidental to and secondary to the use of the dwelling for dwelling purposes and must not change the residential character thereof. 3. The total area use for such purposes may not exceed one-half the first floor area of the user's dwelling unit. 4. There must be no advertising display or other indications of the home occupation on the premises other than provided for in Section 24-5.9. 5. There may be only incidental sales of stock, supplies or products conducted on the premises. 6. There must be no exterior storage on the premises of material or equipment used as a part of the home occupation. 7. There must be no offensive noise, vibration, smoke, dust, odors, heat or glare notice- able at or beyond the property line. 8. A home occupation must provide additional off-street parking adequate to accommodate all needs created by the home occupation. 9. Under no circumstances shall any of the following be considered a home occupation: antique shop, barber shop, beauty parlor, clinic, mortuary, nursing home, restaurant, veterinarian's clinic, or dancing studio. C. Fence, Hedge or Wall Fences, hedges or wall shall be permitted providing that they shall not exceed six feet (6') above - 12 RECORD OF PROCEEDINGS 100 Leaves De grade. Fences visible from the street shall be constructed of wood, stone, wrought iron, or masonry. Plans showing proposed construction, material, location and height shall be presented to the Building Inspector before a permit is issued. Open Space Requirements For purposes of satisfying this requirement, open space shall be defined as a portion of a building site, one side of which shall be open to the street unobstructed from ground level to sky with the exception of permitted architectural projections above ground level and which space shall not be used for storage, swimming pools and other recreation areas, trash area rear access area, parking, or str~ctures ~f any nature, except fouDt~ins.~pat~wavs,~ences and landscaping 1. -The minimum ~rontage oi-t-~ open space which is open to the street shall be one- half (%) of the dimension of that side of the building site, or one hundred (100) feet, whichever is less. 2. The minimum depth of the open space which is open to a street shall be ten (10) feet measured at right angles from the front lot line. 3. Required open space shall not be more than four (4) feet above nor more than ten (10) feet below the existing grade of the street which abuts the open space. 4. The open space shall be continuous and not obstructed with building appurtenances and appendages, provided that roof overhangs, balconies, cornices and other architectural features, not protruding at ground level, may project into a maximum one-half of the width of the open space area. Nothing herein shall allow the projection of stairways and overhead walkways which will be considered obstructions. 5. In the event that the city of Aspen shall have adopted a trail plan incorporating mid-block pedestrian links, any required open space must, if the City shall so elect, be applied and dedicated for such use. 6. Prior to issuance of a building permit, the Building Inspector shall require site plans and drawings of any required open space area, including a landscaping plan, to insure compliance with this section. 7. Whenever the landscaping required herein is not maintained, the Building Inspector, after 30 days written notice to the owner or occupant of the property, may revoke the certificate of occupancy until said parties comply with the landscaping requirements of this section. Measuring Floor Area for Floor Area Ratio 1. In measuring floor area for the purpose of calculating floor area ratio, there shall be included that area within the surrounding exterior walls (measured from their exterior F. Yard 1. RECORD OF PROCEEDINGS 100 Leaves surface) of a building or portion thereof, ex- clusive of vent shafts and courts, The floor area of a building or portion thereof not surrounded bv exterior walls shall include any usable area ~nder a horizontal projection of a roof or floor above. For purposes of calculated external floor area ~a~io, there shall be included basement (but not sub-basement)areas except any-such basement area devoted to underground off-street parking. Within the CC district, stQrag~ (otber.~nu~m~r~l storage) accessory to ~ne pr~nc~ building shall also be excluded ~n calculatin~ ~xternal floor area ratio. rovlslgns Projections into reouired yards - yards shall be open from ~he ground up ekcept ~or the following allowed projections: building eaves--18 inches, architectural projections--12 inches, individual balconies not utilized as a passageway (provided they do not project more than 1/3 the distance from the exterior wall to the property line) -- 4 feet, fire escapes--4 feet, uncovered porches, slabs, patios, walks and steps-- no restriction, fences, hedges and walls less than 6' in height--no restriction on location. Required yards adjacent to private roads - all required yard setbacks under district regulations are based on distance measured from the right-of-way line of a dedicated public way. Where there is no public dedication and the lot line extends to the centerline of the right-of-way, the required yard setback shall equal the distance specified under district regulations plus an additional distance equal to one-half of the right-of-way width as if such private way were dedicated for public use. Corner lots - on a lot bordered on two sides by intersecting streets, the owner shall have a choice as to which yard shall be considered as the front yard, such yard to meet minimum setbacks for a front yard in that district· The remaining yard border- ing a street may be reduced by one-third of the required front yard setback distance for the district. Yards in developed areas - where an unbuilt lot is bordered by property developed prior to the effective date of this zoning code, one or both of which are non-conforming as to front yard setback distances for the district, the required front yard for the unbuilt lot shall be the average of the setback distances of the bordering properties; or, if only one of the adjacent properties has been improved, the setback of the new construction shall conform to these regulations· Transitional yards - where two lots share a common side lot line and are in different zone districts, the lot in the more intensive use district shall observe the required yard setback distance as established for the less intensive use district· RECORD OF PROCEEDINGS 100 Leaves 6. Yards adjacent to arterial roadways - on a lot bordered by a designated arterial roadway, the minimum front yard setback distance for the district shall be applied to the portion of the lot adjacent to the arterial roadway, regardless of building orientation. '~here a lot is bordered on two sides by intersect- ing arterial roadways, the provisions listed under the corner lot situation shall apply. Height Provisions 1. The height of a building shall be the maximum distance possible measured at right angles to the natural undisturbed ground slope to the top of a flat or mansard roof, or the mean height between the eaves and ridge of a gable, hip, gambrel or similar pitched roof. The ridge of a gable, hip, gambrel, or similar pitched roof may not exceed over five feet above the specified maximum height limit. Antennas, chimneys, flues, vents or similar structures shall not extend over ten feet above the specified maximum height limit. Water towers and mechanical equipment may not extend over five feet above the specified maximum height limit. Church spires, bell towers and like architectural features, as well as flag poles, may extend over the specified maximum height limit. 2. Where schools, churches, hospitals and public administration buildings are permitted in a residential district, they may exceed the established height limitation by 50 per cent provided all other requirements for the district are complied with, and provided, further, that the total floor area of the structure does not exceed the total area of the lot on which the building is located. When this 1:1 ratio is not possible, the maximum height limitation for the district shall not be exceeded. H. Miscellaneous Provisions 1. All service yards shall be fenced so as not to be visible from the street, and such fences shall be a minimum 6 feet high from grade. All fences shall be of sound con- struction and shall have not more than 10 per cent open area.. 2. All fuel storage tanks shall be completely buried beneath the surface of the ground. 3. Any light used to illuminate parking areas or for any other purpose shall be so arranged as to reflect the light away from near~y residential properties and vision of passing motorists. 4. ~henever this code shall require that covered trash-access areas be provided adjacent to an alley, buildings may extend to the rear property line provided than an open area with a minimum horizontal dimension of thirty (30) feet and a minimum verticle clearance of ten (10)f~et~ and a depth of ten (10) feet is preserved on the ground level adjacent to the rea~ lot li~e for - 15 - RECORD OF PROCEEDINGS 100 Leaves each lot developed. The area shall be access- ible to the adjacent street or alley. I. Density Transfer from Residential Districts to Adjacent Lodge Districts. Residential densities can be transferred from residential districts to adjacent lodge dis- tricts (if the lands within both are under single ownership and developed simultaneously) at the ratio of one residential bedroom per 4,000 sq. feet of residential lot area or one lodge bedroom per 4,000 sq. feet of residential lot area. If lodge suites are built with liv- ing rooms included, each living room shall be considered as additional bedroom. J. Kitchens in Lodge Units Whenever within the L-2 zone district there shall be installed in a unit kitchen facilities within an existing or newly constructed lodge, such unit shall be deemed a multi-family unit and the lodge required to satisfy the minimum lot area requirments for a multi-family structure as pro- vided in this code. ~aximum Density in R/MF, O, S/C/I,O-2, NC Districts Whenever within the R/MF, O, S/C/I, ,D-2, and NC districts multi-family structures are constructed, there shall be permitted no more than one bedroom per 1,000 square feet of lot area, nothing h~rein to the con- trary notwithstanding. -15a- RECORD OF PROCEEDINGS 100 Leaves ARTICLE IV OFF-STREET PARKING 24-4.1 24-4.2 Off Street Parking Required For all uses established or placed into operation after the effective date of this Article, there shall be provided in all zone districts, except CC and C-l, within the City of Aspen, certain numbers of off-street parking spaces as hereinafter specified. For land, structures or uses actually used, occupied or operated on the effective date of this Article, the number of existing off-street parking spaces shall not be re- duced below the minimum number of existing spaces required herein. 5f such land area, structure or uses is enlarged or expanded, there shall be provided additional off-street parking area. In the event of enlargement or expansion, there shall be provided for the increment only, at least the number of off-street parking spaces that would be required hereunder if the increment were a separate land area, structure or use estab- lised or placed into operation after the effective date of this Article. Characteristice of Off-Street Parking Spaces Each off-street parking space shall c.)n- sist of an open area measuring nine (9) feet wide by eighteen (18) feet long and seven (7) feet high, and have a public and unobstructed area for access to a street or alley. Off-street parking spaces must be paved with all-~eather surfacing or be covered with gravel, and be maintained in a usable condition at all times. ?arking areas provided for single family and duplex residences need not have unobstructed access to a street or alley, but may con- sist of garage area, or parking strip or apron. ~7o off-street parking area shall be used for the sale, repair, dismantling or servicing of any vehicles, equipment, !uaterials or supplies, nor shall any such activity adjacent to off-street parking spaces obstruct required access to off-street parking areas. Off-street parking spaces shall be graded for proper drainage and shall be provided with entrances and exits so located as to minimize traffic congestion and hazards. Lighting facilities, if provided, shall be arranged so that lights neither unreasonably disturb occupan~ of adjacent residential -16- RECORD OF PROCEEDINGS 100 Leaves properties nor interfer with driver vision. Responsibility for complying with these requirements rests with the owner of the property. 24-4.3 Location of Off-Street Parking Parking required in any commercial, industrial or office zones shall in no case be located in any adjacent residential district. Parking for any dwelling, hospital, school or other use located in a residential district must be located on the same building site as the principal use. Parking for an boarding or rooming house, lodge, hotel or dormitory must be located on the same or adjacent lot under the same ownership as the lot occupied by the principal use. 24-4.4 Main Street Off-street Parking Ail parking required for uses fronting Highway 82 shall, if an alley exists, ~e provided off the alley access and shall not enter or exit from or onto said Highway 82. 24.4.5 Numbered Spaces Required Required off-street parking shall be provided for each use as described below in all zone districts. All requirements for parking calculated on square feet of floor area shall be calculated on gross floor area of the structure or use. When any calculation results in a required fractional space, such fraction shall be rounded off to the next higher number of spaces if one-half (1/2) or greater, but shall be ignored if less than one-half (1/2) space. Off-street parking spaces shall be provided as follows: ZONE Lodge Uses CC N/A C-! N/A C-L 1/Bedroom S/C/I N/A ~C N/A O N/A L-1 1/Bedroom L-2 1/Bedroom ~(a].l) N/A a N/A C N/A P N/A Pub N/A 0-2 N/A PARKING REQUIRED Residential Uses Ail Other Uses Review 1/Bedroom N/A 1/Bedroom 1/Bedroom 1/Bedroom N/A 1/Bedroom 1/Bedroom Review Review N/A N/A N/A N/A N/A 3/1,000 sq. ft. 4/1,000 sq. ft. Commercial Uses 3/1,000 sq. ft. 3/1,000 sq. ft. 4/1,000 sq. ft. 4/1,000 sq. ft. Review Review Review Review Review other i/Bedroom -17- 4/1000 restaurantBses 3/1000 :sq. ft. other:~ RECORD OF PROCEEDINGS 100 Leaves 24-4.6 Review by Zoning Commission Whenever the number of spaces required is subject to review, such review shall be made by the Zoning Commission which Commission, in making such determination, shall consider the projected traffic generation of the proposed development, site characteristics, the pedestrian access and walking distances to the downtown areas, and the availability of public transportation. -18- RECORD OF PROCEEDINGS 100 Leaves ARTICLE V SIGN REGULATIONS 24-5.1 Definitions For the purposes of this zoning code, the following definition pertaining to signs shall apply: A. Sign: Any device fixed to, painted on, or incorporated in the building surface, or displayed from or with a building or structure, or free-standing upon the site and which is visible from the public right-of-way and designed to convey or direct a message to the public concerning the identification of the premises or to advertise or promote the interests of any private or public firm, person or organization. B. Free-standing sign: Any sign structurally separated from a building being supported on itself or on a standard or legs. C. Projecting sign: Any sign supported by a building wall and projecting therefrom. D. Wall sign: Any sign painted on, incorporated in or affixed to the building wall, or any sign consisting of cut-out letter or devices affixed to the building wall with no back- ground defined on the building wall. 24-5.2 General Prohibitions A. No sign shall be allowed except as permitted by this zoning code, and all signs shall be subject to the setback requirements of the zone district in which they are located, unless specifically exempted elsewhere in these regulations. B. Signs shall identify or advertise only interests conducted on the lot on which placed, unless the Board of Adjustment, upon request, makes a determination that an off-site sign, con- forming to the district regulations in which the sign is located, is necessary to protect the interests of a use not occupying the same lot. C. Other provisions of this code notwithstanding, no sign shall be located so that the safety of a moving vehicle will be impaired by obscuring a driver's vision. D. All signs shall be maintained in good repair. 24-5.3 Limitations on Color, Illumination, and Lettering Size The color or format of any sign shall not be such as to resemble or conflict with traffic signs or signals. Signs with flashing lights or moving parts are prohibited, and gas-filled light tubes shall be allowed only when used for indirect illumination and when placed in such a manner that light tubes are not exposed to public view. Illumination of signs shall be designed in such a way as to reflect light away from residential properties and motorists' vision. No lettering on any sign, including cut-out letter signs, shall exceed twelve inches (12") in height except for the initial letter in each work which may be eighteen inches (18") in height. - 21 - RECORD OF PROCEEDINGS 100 Leaves 24-5. 4 Banners and Pennants Permitted Nothing in these regulations shall be construed to prevent the erection of pennants and banners advertising a special civic event. Such pennants and banners may be erected two weeks prior to the opening of the event advertised and shall be removed promptly upon its termi- nation. Provided, however, that nothing herein shall be construed to permit the placement of such pennants and banners on public property or structures without the permission of the City Manager. 24-5.5 Structural Characteristics The following limitations shall apply to free- standing, projecting and wall signs: A. Free-standing signs shall be limited to one per principal use, shall not be higher than the principal building, shall be a minimum of 8 feet above grade when located adjacent to a pedestrian way, and larger than 2 square feet in area. B. Projecting signs shall not be higher than the eave line or parapet wall of the principal building and shall be a minimum of 8 feet above grade when located adjacent to or projecting over a pedestrian way. Projecting signs shall not extend more than four feet from the build- ing wall except where such sign is an integral part of an approved canopy or awning. C. Wall signs shall not be higher than the eave line or parapet wall of the prinicpal building, and no sign part, including cut-out letters, shall project more than 6 inches from the building wall. 24-5.6 Sign Measurement A. In calculating the area allowance Be Ce for signs in all zone district regulations, there shall be taken into account all signs allowed therein including window decals and signs identifying distinctive features and regional or national indications of approval of facilities. Sign area shall be the area of the smallest geometric figure which encompasses the facing of a sign including copy, insignia, background and borders, provided that cut-out letter signs shall be considered wall signs and their aggre- gate area shall be credited toward allowable sign area at one-half the measured area. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except where two such faces are placed back to back and are at no point more than 2 feet from one another, the area of the sign shall be taken as the area of the face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area. - 22 - RECORD OF PROCEEDINGS 100 Leaves 24-5. 7 Obsolete and Nonconforming Signs A. It is unlawful to maintain for more than 30 days any sign which has become obsolete because of the discontinuance of the business, service or utility which it advertises, because of the removal from the location of the activity to which the sign directs, or for any other reason. The fact that an obsolete sign is nonconforming shall not be construed as modifying any of the requirements of this section. B. Non.conforming signs which were in existence on or before July 2, 1956, shall be discontinued on or before April 3, 1968. Non-conforming signs which came into existence after July 2, 1956, shall be discontinued on or before April 3, 1972. 24-5.8 Signs on Public Right-of-Way it shall be unlawful to erect or maintain any sign on, over or above any land or right-of-way belonging to the City of Aspen without the permission of the City Council, provided, however, that this section shall not be deemed to apply to signs posted by any duly constituted public authorities in the performance of their public duties, or to specific circumstances otherwise provided for in this Article. 24-5.9 Signs Permitted No signs shall be erected within any zoning district unless permitted by the applicable zoning district regu- lation, provided, however, that the following signs shall be permitted in all districts within the city with the following limitations: A. Residential identification signs, if free- standing or wall signs, may be erected on the same lot with any dwelling identifying the occupant thereof or any home occupation pur- sued therein, such sign not to exceed two square feet per dwelling unit. Such a sign may be illuminated as prescribed above only when it is identifying a home occupation of an emergency service nature, a multiple family dwelling complex, or a mobile home park. B. Institutional identification signs, if free- standing or wall signs, may be erected on the same lot with any school, church, or public building for administration provided the aggregate sign area along one street shall not exceed one square foot of sign area for each three feet of frontage occupied by the building within which the principal use is conducted. In no case shall the aggregate sign area for one use exceed thirty square feet on any single frontage. In the case of institutional uses located in a residential zone district, illumination of signs shall be subject to the approval of the Board of Adjustment. C. Signs designating a recreation club or open- use recreation site, if free-standing or wall signs, may be erected on the same lot with any of the above uses provided the aggregate sign area does not exceed 20 square feet on any single frontage. In the case of such uses located in a residential district, illumination of signs shall be subject to the approval of the Board of Adjustment. - 23 - RECORD OF PROCEEDINGS 100 Leaves D. Directional signs, if free-standing non- illuminated, conforming to a standardized design 6 inches by 30 inches in dimension, and directing persons to tourist facilities, may be erected in any district, and on the public right-of-way if approved by the Building Inspector, section 24-5.8 notwithstanding. E. For sale or rental signs, if free-standing or wall signs and non-illuminated, are permitted in any district if not exceeding six square feet when advertising the sale of the premises, or not exceeding three square feet when advertising the rental of the premises. 24-5.10 Business Advertisin~ or Identification Signs Within the Commercial Core, C-l, L-l, L-2, Commercial Lodge, Neighborhood Commerical or Service/Commercial/Industrial zone districts, business advertising or identification signs are permitted which signs shall comply with the general sign regulations of the Article, and, in addition: 1. Such signs must identify a business occupying the premises. 2. The aggregate sign area permitted along any one street shall not exceed one square foot of sign area for each three feet of lot line frontage occupied by or projected from the building within which the principal use is conducted. Uses fronting on an alley shall compute their sign area allowance by con- sidering the alley as the lot line frontage. In no case shall the aggregate sign area for any one use on any one frontage exceed 20 sqaure feet. 3. There may be a combination of two of the following three types of signs: a free- standing sign, projecting sign or wall sign, including cut-out letter sign, subject to the following limitations: (a) Free-standing sign: one per use not to exceed 10 square feet in area. (b) Projecting sign: shall not extend more than 4 feet from the building wall except where such a sign is an integral part of an approved canopy or awning, and no projecting sign shall exceed ~ square feet in area, provided that where such sign has two or more faces, the maximum sign area shall be calculated pursuant to the requirements of Section 24-5.6 herein. (c) Wall sign; shall not exceed 10 square feet on any one building wall, exclusive of cut-out letters. 24 - RECORD OF PROCEEDINGS 100 Leaves 4. ~henever there is placed, on a historic building, a wall sign identifying the structure as of historic interest, such sign shall not exceed 10 square feet in area and shall otherwise be excluded from the above sign area limitations. Within any Office district, there may be placed a wall sign or free-standing sign constituting a registry identifying included business offices provided such sign does not exceed one square foot in area per office. 24-5.11 Permit Required It shall be unlawful to erect, construct, reconstruct, alter, paint, repaint, or change the use of any sign as defined in this Chapter without first obtaining a sign permit from the Building Inspector. Provided, however, that a sign permit shall not be required to repaint exactly as it was previously any of the aforesaid which at the time of the proposed repainting conform in all respects with the provisions of this article. There shall be imposed a fee of Five ($5.00) Dollars for each sign permit issued. - 25 - RECORD OF PROCEEDINGS 100 Leaves ART I CLE VI SPECIAL DEVELOPMENT PERMITS 24-6.1 Purpose The following areas within the City of Aspen are deemed to be of ecological, environmental, architectural, or scenic significance and all development shall be in accordance with the general requirements provided in this code and subject to such additional review as provided by this Section. 24-6.2 8040 Greenline Review A. Intention. To provide for review of all development above the 8040 greenline within the City of Aspen and all development 50 yards below the 8040 greenline so as to aid in the transition of development from urban uses to the adjacent agricultural and forestry uses; to insure that all development is compatible with the prevailing slopes; to provide for the least disturbance to the terrain and other natural land features of the area; to guarantee availability of utilities and adequate access; to reduce the impact of development on surface runoff, the natural water- shed, and air pollution; to avoid losses due to avalanches, unstable slopes, rock fall, and mud slides; and to enhance the natural mountain setting. B. Review Criteria. In reviewing the development plan, the Zoning Commission shall consider the following: 1. Whether there exists sufficient water pressure and other utilities to service the intended development; 2. The existence of adequate roads to insure fire protection, snow removal and road maintenance; 3.The suitability of the site for develop- ment considering the slope, ground instability, and possibility of mud flow, rock falls and avalanche dangers; 4. The affects of the development on the natural watershed, runoff, drainage, soil erosion, and consequent effects on water pollution; 5.The possible effects on air quality in the area and city wide; 6. The design and location of any proposed structure, roads, driveways, or trails and their compatibility with the terrain; 7. Whether proposed grading will result in the least disturbance to the terrain, vege%ation and natural land features; $. The placement and clustering of structures so as to minimize roads, cutting and grading, and increase the open space and preserve the mountain as a scenic resource; 9. The reduction of building height and bulk to maintain the open character of the mountain. 24-6.3 Stream Margin Review A. Intention. To guide development and encourage appropriate use of land in proximity to designated - 26 - RECORD OF PROCEEDINGS 100 Leaves 24-6.4 natural water courses, to promote safety from flooding, to prevent impediment of natural water flow, and to insure provisions for adequate protection and preservation of the designated natural water courses as important natural features. All lands and air space within 100 feet, measured horizontally from the high water line of the Roaring Fork River and its tributary streams, shall meet the following requirements prior to the issuance of a building permit or any grading, filling or excavation of said lands: Plan Specifications. A development plan shall be submitted to the Building Inspector which supplies the following information: 1. Boundary of the property for which building is requested; 2. 2'contours;5'intervals for grades over 10% 3. Existing and proposed improvements; 4. Constructure procedure to be used; and 5. ~xisting trees and schrubs. Review Criterial. in reviewing the development plan the Zoning Commission shall consider the following guidelines and standards, and im- pose the following conditions for permit approval: 1. No building shall be located so as to be within a flood hazard area designated by the U.S. Corps of Engineers Flood Plain Report for the Roaring Fork River. 2. In the event there is a trail designated by an approved trail plan within the develop- ment site, such trail shall be dedicated for public use. 3. All attempts should be made to implement the recommendations of the Roaring Fork Greenway Plan prepared by the Roaring Fork Greenway Committee. 4. Vegetation shall not be removed nor any slope grade changes made that may produce erosion of the stream bank. 5. There shall be permitted no changes to the stream channel or its capacity, and no activity shall be allowed which will increase stream sedimentation and suspension loads. 6. All efforts must be made to reduce stream pollution and interference with the natural changes of the stream, and to enhance the value of the stream as an important natural feature. Mountain View Plane Limitations and Review Intention. To protect from obstruction mountain views from designated parks and other public places to increase the beauty of Aspen and the enjoyment of its residents and visitors, 'to strengthen the City's environmental heritage, enhance its tourist industry and maintain property values, promote the general prosperity and welfare of the community. -27- RECORD OF PROCEEDINGS 100 Leaves Fe NO land shall be used and no building shall be erected, constructed, altered or changed so as to invade any area designated as an area necessary for the preservation of any mountain view. Whenever any use or building lies partially within and partially without an area designat- ed as an area necessary for the preservation of any mountain view, the restrictions of this subsection shall apply. The commission of any act prohibited by this section shall constitute a violation of Chapter 24 of this Code and remedies provided therein may be had by any person aggrieved by any violation of this section. When any view plan hereinabove established projects at such an angle so as to reduce the maximum allowable building height to below that otherwise provided for in this Code, all development of areas so affected shall proceed according to the Provisions of Section 24-8.1, et. seq., for maximum flexibility in building design with special consideration to building bulk and height, open and pedestrian space, and similarly to permit variations in lot area, lot width, yard and building height requirements, including view plane height limitations. Provided, however, .the Zoning Commission may exempt any applicant from the requirements above enumerated whenever it shall determine that the viewplane does not so effect the development site as to require application of P.U.D. or that the effects of the view- plane may be otherwise accommodated. Provided further that if, by virtue of this section alone, any applicant is required to satisfy the subdivision regulations of this City, the Commission may waive the public use dedication required by Chapter 20 of the Municipal Code if it shall determine its application inequit- able under the circumstances. All elevations used herein are based on the United $~tes Coast and Geodetic'Survey(USC & GS)benchmar~ located in the southwesterly corner of the Pitkin County Court House Foundation at an elevation of 7,906.80 feet above mean sea level. The following view planes are established with- in the City of Aspen: 1. Glory Hole Park View Plane. There is here- Ay established a view plane originating from Glory Hole Park above which plane no land use or building shall project. The reference point bears N.19°06'00" W. a distance of 919.85 feet from Corner 1 of the Aspen Townsite, a 1954 BLM brass cap; the reference base line bears N.55°04' 05" E. a distance of 73.00 feet from the -28- RECORD OF PROCEEDINGS 100 Leaves reference point. Elevation is 7,947.55 feet above sea level. The view plane consists of two (2) spatial components more particularly described as follows: (a) All that space which is within the projection of a sector of 9°54'00" described by two radial lines which bears S~ 44° 49~ 55" E. and S.34°55'55'' E. respectively from the reference point, and which is also above the view plane which passes through the refer- ence base line at the inclination of 3° ~30' above horizontal. (b) All that area within the projection of the following described perimeter and which is also above the view plane which passes through the reference base line at an inclination of 3°30' above horizontal. The perimeter is more fully described as follows: Beginning at the reference point; thence N.55°04'05'' E. a distance of 73.00 feet along the reference base line; thence S.34°55'55" E. a distance of 418.27 feet to a point on the northerly radial line of the view sector; thence N.44°49'55" ?L along said radial line a distance of 424.59 feet to the reference point. -28A- RECORD OF PROCEEDINGS 100 Leaves 2. ~3agner 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. 58° 03'11" E. 198.~5 feet from the Northwesterly corner of Block 83 Original Aspen Townsite; elevation of the reference point is 7,919.73 feet above mean sea level. The view plane consists of a sector component more particular- ly described as follows: All that space which is within the projection of a sector of 9°46'18'' described by two radial lines which bear S.36°05'49" E. and S.45°52'07" E. respectiv~lv, from the referenc~ point and above a Diane wnl~n passes t~rou~,,thD re~ren~e Doln~ at-an inclination of 3°39'Iu above tne horizontal. 3. Cooper Avenue View Plane. There is hereby established a view plane originating on the Northerly side of Cooper Avenue Easterly of Galena Street above which plane no land use or building shall project. The reference point bears N.75°41'52" E. 147.78 feet from the Northwesterly property corner of Block 96 Original Aspen Townsite, an aluminium cap located in the sidewalk. Elevation of the reference point is 7,920.71 feet above mean sea level. The view plane consists of spatial components more particularly described as follows: All that space which is within the projection of a sector of 48°00'00' described by two radial lines which bear S.11~41'08" E. and S.36°18'52'' W. respectively from the refer- ence point, and above a plane which passes through the reference point at an inclination of 6~20'05" above the horizontal. 4. Court House View Plane. There are hereby established two (2) view planes originating from the sidewalk on the Northerly side of Main Street Easterly of Galena Street above which planes no land use or building shall project. (a) View plane number one. The reference point bears S.79~43'29'' E. 69.00 feet from the Southwesterly property corner of Block 92 Original Aspen Townsite; a plastic survey cap. Elevation of the reference point is 7,912,32 feet above mean sea level. The view plane consists of spatial components more particularly described as follows: All that space which is within the projection of a sector of 27°58'40'' described by two (2) radial lines which bear S.16°59'48" E. and S.10°58'52" W. respectively from the reference point, and above a plane which passes through the reference point at an inclination of 4°25' above the horizontal. -29- RECORD OF PROCEEDINGS 100 Leaves (b) View plane number two. The reference point bears S 74° 14' 26" E 131.46 feet from the Southwesterly property corner of Block 92, Original Aspen Townsite. Elevation of the reference point is 7,913.02feet above mean sea level. The view plane consists of spatial components more particularly described as follows: All that space which is within the projection of a sector of 26° 04' 38" described by two (2) radial lines which bear S 03° 36' 26" E and S 22° 28' 12" W respectively from the reference point, and above a plane which passes through the reference point at an inclination of 4° 58' 20" above the horizontal. Wheeler Opera House View Plane. There is hereby established a view plane originating from the Wheeler Opera House westerly of Mill Street above which plane no land use or building shall project. The Easterly end point of the base line for the view plane bears S 37° 32' 12" E 8.06 feet from the Southeasterly property corner of Block 81, Original Aspen Townsite. The reference base line bears N 74° 30' 11" W a distance of 140.45 feet from the Easterly end point of the base line for the view plane at an elevation of 7,916.18 feet above mean sea level. The view plane consists of spatial components more particularly described as follows: All that space which is within the projection of radial lines from the Easterly and Westerly terminus of the base line which bear S 30° 41' 11" E and S 66° 08' 59" W respectively and which is above a plane which passes through the reference point at an inclination of 2° 50' 38" above horizontal. Main Street View Plane. There is hereby established a view plane originating from Main Street above which plane no land use or building shall project. The reference point bears N 78° 22' 29" W 92.35 feet from the Southeasterly property corner of Block 79 Original Aspen Townsite. The reference base line bears N 75° 09' 11" W 51.40 feet from the reference point. Elevation of the reference point and reference base line is 7,906.90 feet above mean sea level. The view plane is more particularly described as follows: All that space which is within the projection of two radial lines which bear S 29° 10' 06" E from the reference point, and S 80° 29' 29" W from the Westerly terminus of the reference base line, and which is also above a plane which passes through the reference base line at an angle of inclination of 6° 29' 20" above horizontal. 24-6.5 Procedure Whenever there is proposed development in any special - 30 RECORD OF PROCEEDINGS 100 Leaves preservation district as hereinabove designated, the Building Inspector shall refer all plans for such activity to the Zoning Commission for its review and recommendations. The Zoning Commission shall review such plans and submit its recommendations in writing to the Building Inspector within thirty (30) days of the date the Commission hold its hearings on said plans. The Building Inspector shall consider the recommendations of the Zoning Commission and shall approve or disapprove the development within ten (10) days of the receipt of the recommendation and in conformity with said recommendation. Approval shall require the development of the property to be in compliance with the approved plan. Building permits shall not be issued, nor any grading or excavation be permitted, in the case of disapproval, and reasons for such disapproval shall be given in writing to the applicant by the Building Inspector. 24-6.6 Conditions for Approval The Zoning Commission may attach to its approval of a special development permit conditions which may concern any matter subject to regulation under this Code, including means for: A. Minimizing any adverse impact of the develop- ment upon other land, including the use and operation and the~ type and intensity of activities which may be conducted; B. Controlling the sequence of development, including when it must be commenced and completed; C. Controlling the duration of use of develop- ment and the time within which any structures must be removed; D. Assuring that development is maintained properly in the future; E. Designating the exact location and nature of development; F. Establishing more detailed records by submission of drawings, maps, plats or specifications. - 31- RECORD OF PROCEEDINGS 100 Leaves ARTICLE VII SPECIALLY PLANNED AREAS 24-7.1 Specially Planned Areas Whenever this Code or the Zoning District Map designates areas in which development will be permitted only in accordance with a plan of development for the entire area designated, such areas shall be referred to as specially planned areas. It is the intent of these provisions that all development shall be pursuant to a fully approved site plan establishing or varying allowable densities, uses and required parking, and other zoning matters therein addressed, and that the definitional, regulatory and other general provisions of this Chapter 24 shall, when not in conflict with the approved plan, continue with equal force and effect within such areas. 24-7.2 Procedures If a specially planned area has been designated, no development in the area shall be permitted until the Planning Commission adopts a precise plan for the area. A. The provisions of a precise plan may include matters relating to: 1. Permitted and conditional uses, allowable densities, required parking, lot yards and set back requirements, maximum heights, minimum open space, and any other planning and zoning matters which contribute to the development and use of the area as a whole. 2. The location and characteristics of streets, other rights-of-ways, and utilities. 3. The dimensions and grading of parcels and the dimensions and siting of structures. B. Nothing herein shall exempt any applicant from satisfying the requirements of Chapter 20, "Subdivision Regulations", of the Municipal Code, if a subdivision of land is proposed. C. Any landowner seeking development permission in a specially planned area for which no precise plan has been adopted shall, prior to filing an application for a building permit, file with the Planning Commission a written request for the adoption of a precise plan for the area, which request must contain a proposal for the entire area designated a specially planned area. D. The plan shall be considered and approved pursuant to the application, notice and hearing requirements of Article XI herein, as if an application by a Private Landowner - 32 - RECORD OF PROCEEDINGS 100 Leaves for an Amendment to the Zoning District Map, provided there shall be no limitation on when an application may be submitted. Any proposed amendment to the plan shall be reviewed and approved in a like manner. After a precise plan has been adopted, it shall constitute the development regula- tions applicable to the specially planned area, and any owner of land in a specially planned area for which a precise plan has been adopted may obtain a building permit for development consistent with the precise plan upon compliance with the provisions of this Code not inconsistent therewith. - 32a - RECORD OF PROCEEDINGS 100 Leaves ARTICLE VIII PLANNED UNIT DEVELOPMENT 24-8.1 Intent The intent of this Article is to permit flexibility and provide performance criteria for planned unit develop- ments which will have the following results: A. A maximum choice in the type of environment and living area available to the public; B.Open space and recreation areas; C. A pattern of development which preserves trees, outstanding natural topography and geologic features and prevents soil erosion; D. A creative approach to the use of land and related physical development; E. An efficient use of land resulting in smaller networks of utilities and streets and thereby lower construction costs; F. An environment of stable character in harmony with surrounding development; G. A more desirable environment than would be possible through strict application of other sections of the zoning code. 24-8.2 General Requirements A. The planned unit development (PUD) is designed to provide for small and large scale develop- ments incorporating a variety of uses which are planned and developed as a unit. Such develop- ment may consist of individual lots and/or it may have common recreation and open space surrounding clustered buildings. Common land must be an essential and major element of the plan which is related to and effects the long term value of the development. B. A building permit for any structure or permit to develop in any manner in a planned unit development shall be issued only after the final development plan for such development has been approved by the Planning Commission and the City Council and the applicant(s) has complied with the subdivision regulations of the City of Aspen. 24-8.3 Application Requirements The following conditions must exist for a PUD proposal to qualify for approval under this Article. A. The tract or parcel of land proposed for PUD development must be in one ownership or the subject of an application filed jointly by the owners of all the property included; B. The planned unit development must constitute an area of at least 27,000 square feet unless the land is an area designated mandatory planned unit development on the Zoning District Map or is otherwise required by the zoning code to be developed according to the provisions of this Article; C. The development must include open space for the mutual benefit of the entire tract; D. The project must be designed to provide variety and diversity, so that the maximum long-range benefit may be gained and the unique features - 33 RECORD OF PROCEEDINGS 100 Leaves of the development or site are preserved and enhanced; The project must be in harmony with its surrounding neighborhood. 24-8.4 Transfer of Density A planned unit development must be developed consistently with the density limitations of the zone district in which it lies. However, the allowable density of the PUD may be applied to the total area of development rather than separately to individual lots, provided all lots in the planned unit development are adjacent and owners of all tracts affected are joint applicants for PUD approval. 24-8.5 Mandatory PUD Whenever the Zoning District Map designates a mandatory planned unit development district by in- cluding the letters PUD as a suffix to the classifi- cation of any district, all development shall proceed according to this Article as a planned unit development unless the Planning and Zoning Commission shall deter- mine that the development meets the objectives of planned unit development, and provided, further, that compliance with this Article is not necessary, a PUD designation notwithstanding, for construction of a single family residence on a separate lot. In addition to any other elements of review provided for by this Article, in areas designated mandatory PUD, the Planning Commission may allow construction of more than two (2) dwelling units per structure (if not otherwise permitted by the zoning code). In deter- mining the allowable number of units, the Commission shall consider the following: A. Whether there exists sufficient water pressure and other utilities to service the intended development; B. The existence of adequate roads to insure fire protection, snow removal and road maintenance; C. The suitability of the site for development considering the slope, ground instability, and the possibility of mud flow, rock falls and avalanche dangers; D. The effects of the development on the natural watershed, runoff, drainage, soil erosion and consequent effects on water pollution; E. The possible effects on air quality in the area and city wide; F. The design and location of any proposed structure, roads, driveways, or trails and their compatibility with the terrain; G.Whether proposed grading will result in the least disturbance to the terrain and other natural land features; H. The placement and clustering of structures and reduction of building height and scale to in- crease open space and preserve the natural features of the terrain. 24-8.6 General Procedures for Review Each applicant for PUD approval shall be subject to the following phased procedures: A. Submission of an outline development plan as herein required shall initiate the process; B. Upon approval by the Planning Commission and City Council of the outline development plan, the applicant(s) shall receive tentative PUD designation of the subject property. No - 34 - RECORD OF PROCEEDINGS 100 Leaves building permit or permit to develop in any manner shall be issued at this point; Submission of a final development plan shall follow approval of the outline development plan; Upon approval by the Planning Commission of the final development plan, the applicant(s) and City Council shall enter into an agreement(which .. agreement may be the same as the SUDalVlSlOn agreement; binding the real proper~y to those condidions listed by final developement plan and which provides for PUD desig. nation on the zoning district map. In'addition to approval of the final development plan and binding of real property, the appli- cant must comply with the subdivision regulations of the City of Aspen prior to receiving building permits or a permit to develop the subject pro- perty in any manner whatsoever. Provided, how- ever, that nothing herein shall preclude the simultaneous processing of PUD and subdivision applications when the circumstances allow. 24-8.7 Standards for Approval The applicant(s) shall present plans, written statements, and related information in sufficient detail to enable the Planning Commission and City Council to evaluate the proposed development in accordance with the provisions of this Article. At the culmination of each phase as set forth herein, the applicant must receive the necessary approvals prior to formally proceeding into subsequent phases or into actual development. Lack of sufficient and continuous progress as defined herein may lead to nulli- fication of all approvals by the Planning Commission or City Council. 24-8.8 Variations Allowed A planned ~nit development may include variations in lot area, lot width, yard and building height require- ments and applicable off-street parking provisions, pro- vided that the uses and densities in planned unit development shall not exceed or be other than that provided for in the zoning district in which it exists. 24-8.9 Outline Development Plan A. Application. An applicant shall make application for approval of a planned unit development by first submitting an outline development plan for the development to the Planning Commission. The outline development plan shall include both maps and a written statement and shall show enough of the area surrounding the proposed planned unit development to indicate the rela- tionship of the PUD to adjacent uses, both existing and proposed. B. Required Information for Outline Development Plan. 1. Each applicant shall provide sketch maps (7 copies) of the subject property accurately drawn at no less than a 1" = 400' scale. The submitted maps shall show 2' contours, all existing natural and man-made features, existing zoning and a vicinity map showing all adjacent property within ½ mile of the applicant(s) land. The requirements with regard to scale, contour interval and vicinity map area are given as general standards and the developer shall communicate with the Planning Office to ascertain applicability with regard to the particular submission. - 35 - RECORD OF PROCEEDINGS 100 Leaves If the sketch plat does not accurately represent the information shown on subsequently required survey maps, the Planning Commission shall reserve the right to retract or alter its decision with reference to all elements of approval premised on such discrepancies. 2. Each applicant shall provide a schematic plan (7 copies) identifying use types, locations, densities and acreage consumed by all proposed land uses. 3. A written statement (7 copies) is required outlining present ownership of all land involved within a PUD, a schedule of beginning and completion dates, and a statement of intent concerning the provision of water, sewer and highway improvements noting their feasibility and when and by what means each is intended to be provided. Planning Commission and City Council Action on Outline Development Plan. 1. The Planning Commission shall prepare a written report to the City Council recommending that the plan be approved, disapproved or approved subject to modifications. In its report the Planning Commission shall give the reasons for its recommendations and shall indicate the extent to which the outline development plan complies with each of the standards governing its approval. 2. The Planning Commission shall forward a summary of the proposed plan, with copies of its report to the City Council. After providing notice in a newspaper of general circulation in the City of Aspen, in not less than one issue to be published at least fifteen (15) days in advance of a regular or special meeting, the City Council, in public hearing, shall review the outline development plan and either disapprove, approve as presented or approve subject to modifications. 3. If the outline development plan is approved, the City Council shall authorize a notation on the Zoning District Map indicating that an outline development plan has been approved and that a tentative PUD designation is appropriate. If the outline development plan is approved subject to modifications, the notation shall not be authorized until the applicant(s) has filed with the City Council a written consent to the plan as modified. 4. No building permit or permits to develop the land in any manner may be issued on land within the proposed planned unit development until the final development plan has been approved by the Planning Commission under the procedures provided in the following paragraphs of this Article, and until the applicant(s) has complied with the subdivision regulations of the City of Aspen. - 36 - RECORD OF PROCEEDINGS 100 Leaves 24-8.10 Final Development Plan A. Application. The applicant(s) shall submit a final development plan to the Planning Commission within six (6) months following the approval of the outline development plan by the City Council. B. Required Information for Final Development Plan. The final development plan shall include 7 copies of the following information: 1. A survey map showing the circulation system, off-street parking areas, loading areas and major points of access; 2. A comprehensive plan shown on a survey map for all utility services, including storm drainage; 3. Areas, if any, shown on a survey map, which are proposed to be conveyed, dedicated or reserved for common open space, parks, park- ways, playgrounds, school sites, public uses; 4. A site plan (survey map) showing the density, location of all permitted uses (building, structures and improvements), and indicating the parking, loading and open areas around buildings and structures. The site plan shall be in sufficient detail to enable the Planning Commission to evaluate the archi- tectural, landscaping and design features of the planned unit development. At its discretion, the Planning Commission may require preliminary evaluation and perspective drawings of proposed structures and improve- ments; 5. A development schedule indicating the approxi- mate date when construction of the total project or stages of the project will be begun and completed; 6. Agreements, provisions or covenants which govern the use, maintenance and continued protection of the planned unit development and any of its common open spaces; 7. Any other information which the Planning Commission determines to be needed because of any topographic, circulation, traffic, design, siting or other special problems of the proposed PUD; 3. Survey map as required in this section is defined as a map of the proposed PUD area which has been accurately surveyed by a registered surveyor and such survey is marked on the ground. C. Planning Commission Action on Final Development Plan. After providing notice in a newspaper of general circulation in the City of Aspen, in not less than one issue to be published at least fifteen (15) days in advance of a regular meeting, the Planning Commission, in public hearing, shall approve the final development plan if it is in substantial compliance with the outline development plan, and if it conforms to all other standards applicable to planned unit developments, whether or not con- sidered when the outline development plan was approved. 24-8.11 Designation and Recordation After approval of the final development plan by the Planning Commission, the Zoning District Map shall be - 37 - RECORD OF PROCEEDINGS 100 Leaves amended to show the PUD designation. Subsequent to Council approval there shall be filed in the Clerk and Recorder's Office of Pitkin County, Colorado, the following notice: "On the day of , 19__, the City Council of the city of Aspen, Colorado, approved the following described tract as a Planned Unit Development. The development of the property shall be in accordance with the Planned Unit Development Plan on file in the Office of the City Building Inspector. The above referred to pro- perty is located in the City of Aspen, Pitkin County, and is more fully described as follows Secretary to the City Council of the City of Aspen, colorado STATE OF COLORADO) )ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 19 by Witness my hand and official seal. Notary Public My commission expires: Final approval of the development plan shall bind the development of the real property to the uses, density, configuration, and all conditions set forth in the final development plan approved for said property." 24-5.12 Procedure for Amending Planned Unit Development Plan A. Amendments of the PUD plan shall be considered only when one or more of the following conditions exist: !. A clear and obvious hardship would result unless an amendment is granted; 2.There is an error or mistake in the PUD plan; 3. There has been a change in conditions in the surrounding area which would necessitate a change in plan; 4. ~ew information is available that would materially improve the final development plan. B. Application for amendments of the planned unit development plan shall be filed with the Planning Commission and a public hearing held in accordance with Section 24-5.10. C. After the consideration of all testimony and evidence presented at the public hearing, the -38- RECORD OF PROCEEDINGS 100 Leaves 24-8.13 Be Planning Commission may amend the planned unit development plan. Special Considerations for Residential PUD The intention of residential planned unit development is to permit flexibility and pro- vide performance criteria in all residential zones that produces a variety of housing types in an environment which places special emphasis on reserving common space, preserving the ecological balance of the area, providing for efficient utilization of the land effecting harmony with surrounding development, and reducing wildfire, avala~heand mudslide dangers. ~ithin residential PUD the cluster concept shall be given special consideration so as to promote development that will reserve large areas of common open space and reduced construction costs by utilizing smaller net- works of utilities and roadways. In order to control development potential so as to (1) reduce wildfire, mudslide, and avalanche hazard, (2) enhance soil stability, and (3) guaranty adequate fire protection access, the overall density of a planned unit development shall be reduced in areas with slopes in excess of ten (10%) percent. The slope of the land shall be measured be- tween property lines and in the direction of maximum slope, and density calculated accord- ing to the following formula: (a) 1-10% slope: density shall be that allowed in the existent zone district; (b) 11%-40%: density shall be that for the applicable zone district based on a recalculated lot size that results from deducting 1,000 square feet of the tract for each percentage over 10%; (c) Slopes in excess of 40%: shall be con- sidered for development only upon receipt of the approval of the Planning Commission. -39- RECORD OF PROCEEDINGS 100 Leaves ARTICLE IX HISTORIC DESIGNATION 24-9.1 Purpose It is the intent of this Article to establish procedures to provide for the preservation and continued existence of historic structures, combinations of structures, sites and areas within the City and for the construction, reconstruction and remodeling of structures and combinations of structures within legally designated H, Historic Overlay Districts, to promote the educational, cultural, economic and general welfare of the public by preserving those qualities that relate to the history of the City of Aspen, the State of Colorado, and the Nation. 24-9.2 Creation of the Historic Preservation Committee There shall be established an Historic Preservation Committee with seven (7) members appointed by the City Council, with such powers and duties as are hereinafter prescribed which include in part: A. TO make recommendations to the Planning Commission and the City Council on the designation of H, Historic Overlay Districts, and to provide support material necessary to justify such designation; B. To review and render decisions on individual building permit applications within H, Historic Overlay Districts. 24-9.3 Standards for Designation of H, Historic Overlay Districts Structures, combinations of structures, sites or areas to be included within an H, Historic Overlay District, shall be evaluated and considered based on the following guidelines and standards: A. Historical Importance The structure, combination of structures, site of area : 1. Has character, interest or value as part of the development, heritage, cultural characteristics of the City of Aspen, the State of Colorado or the Nation; 2. .Is the site of an historic event with an effect upon society; 3. Is identified with a person or group of persons who had some influence on society; 4. Exemplifies the cultural, political, economic, social or historical heritage of the community; 5. By its preservation, promotes the health, safety or welfare of the present and future inhabitants of the community. B. Architectural Importance The structure or combination of structures; 1. Portrays the environment of a group of people in an era of history characterized by a distinctive architectural style; 2. Embodies the distinguishing characteristics of a significant or unique architectural type specimen; 3. Is the work of an architect or master builder whose individual work has influenced the character of Aspen; - 40 - RECORD OF PROCEEDINGS 100 Leaves 4. Contains elements of design, detail, materials or craftsmanship which represent a significant architectural style. Geographic Influence The structure, combination of structures, site of area: 1. Because of being part of or related to a square, park or other distinctive area should be developed or preserved according to a plan based on an historic cultural or architectural motif; 2. Due to its unique location or singular physical characteristics, represents an established and familiar visual feature of the city. 24-9.4 Procedure for Designation of H, Historic Overlay Districts ~henever, in the opinion of the Historic Preservation Committee, a structure, combination of structures, site or area meets the standards for designation of an H, Historic Overlay District, as set forth in Section 24-9.3 the Historic Preservation Committee shall contact the owner or owners of such structure, combination of structures, site or area, outlining the reasons for and effects of designation as an H, Historic Overlay District, and, if possible, shall secure the owner's written con- sent to such designation. Following this contact, the Committee may proceed by officially adopting a resolution A. Stating that a preliminary investigation and review indicates that the described structure, combination of structures, site or area is eligible and has been selected for designation as an H, Historic Overlay District; B. Stating either that the Historic Preservation Committee is in receipt of the owner's written consent to such designation or why the Historic Preservation Committee feels that it should proceed without such consent. The Committee shall present its findings to the Planning and Zoning Commission at a regular meeting of said Commission for preliminary approval before proceeding with the designation procedures. 24-9.5 Preliminary Approval The Planning and Zoning Commission in considering preliminary approval shall evaluate the designation proposal for application of H, Historic Overlay District, to structures, combinations of structures, sites or areas with respect to: A. !ts relationship to the Aspen Area General Plan; B. The effect of designation upon the surrounding neighborhood; C. Such other planning considerations as may be relevant to the proposed designation. Designation proposals receiving preliminary approval shall be scheduled for a joint public hearing with the Historic Preservation Committee and the Planning and Zoning Commission at a time, date and place certain. The procedures herein described for designation shall be exclusive and the general amendment procedures of this Code shall not be applied unless specifically provided therein. Designation proposals not receiving preliminary approval shall be terminated. - 41 - RECORD OF PROCEEDINGS 100 Leaves 24-9.6 Joint Hearing Before submitting a report and recommendation on amendments to designate, amend or rescind H, Historic Overlay Districts, the Planning and Zoning Commission shall, together with the Historic Preservation Committee, hold a joint public hearing on said amendments. Following said public hearing, the Planning and Zoning Commission shall forward its report and recommendations to the City Council along with the report and comments of the Historic Preservation Committee. The following conditions shall be required with regard to said joint public hearing: A. For proposed amendments to the Zoning District Map designating, amending or rescinding H, Historic Overlay District, a notice of the required joint public hearing shall be published once in a newspaper of general circulation in the City at least fifteen (15) days prior to the hearing, and a written notice of said joint hearing shall be sent by first class mail at least fifteen (15) days prior to the joint public hearing date to the owner or owners of the property included within said amendment. B. A quorum of the Historic Preservation Committee shall be present at the joint public hearing. If a quorum of the Committee is not present, the hearing shall be cancelled and the amendment procedure rescheduled. 24-9.7 City Council Designation Hearing The City Council shall set a public hearing, which hearing may be used to satisfy the public hearing requirements for ordinance adoption, after receipt of the Historic Preservation Committee comments and the Planning and Zoning Commission recommendation on the proposal to designate a structure, combination of structures, site or area as an H, Historic Overlay District. The City Council shall, before such hearing, publish notice of the time and place of meeting in a newspaper of general circulation in the city, fifteen (15) days prior thereto. H, Historic Over- lay Districts, so designated by the City Council will be classified for zoning purposes by the existing zone district designation plus the suffix "H". 24-9.8 Recordation of H, Historic Overlay District Designation Within thirty (30) days of the effective date of an amendment designating structures, combination of structures, sites or areas as H, Historic Overlay District, the Historic Preservation Committee shall notify the City Building Inspector of the official designation and the secretary of the Committee shall record among the real estate records of the Clerk and Recorder of Pitkin County, Colorado, either of the following: A. A certified copy of the ordinance designating specified property within an H, Historic Over- lay District, as a structure, combination of structures, site or area for preservation, which ordinance shall contain a sufficient legal description of the structure(s), site or area designated; or B. A notice stating that specified property has been placed within an H, Historic Overlay District, and designated as a structure, combina- tion of structures, site or area for preservation, - 42 - RECORD OF PROCEEDINGS 100 Leaves and citing the ordinance and effective date thereof which made the designation effective. The notice also may contain a brief summary of the effects of such designation. Failure to record such ordinance or notice within the required time shall suspend the effective date of the designation until the recording is made. If made within such thirty (30) day period, it shall be deemed effective retro- actively to the effective date of the ordinance. In addition, the Zoning District Map shall be amended, according to the procedures for notation under the general amendment provi- sions of this Code, as a structure, combina- tion of structures, site or area for preser- vation by the addition of the suffix "H". The designation as an H, Historic Overlay District, shall have the effect of super- imposing the requirements of this Article in addition to the zone requirements of the zone district applicable to the structure(s), site or area affected. 24-9.9 Procedure to Amend or Rescind Designation of H, Historic Overlay Districts The designation of a structure, combination of structures, site or area as an H, Historic Overlay District, may be amended or rescinded in the same manner as the original designation was made. 24-9.10 Procedure to Authorize Erection, Removal, ao Be Construction, Reconstruction, Remodeling or Demolition of Structures, Combination of Structures, Sites or Areas Designated as H, I!istoric Overlay District, for Preservation Building permits shall not be issued for any of the following acts unless a determination has been made by the Building Inspector that no change to the exterior appearance of the structure or combination of structures will result or until the appropriate action has been taken by the Historic Preservation Committee based on the pre- application review and application review pro- visions of this Section. 1. Remodeling, reconstruction of, or addition to, the exterior architectural feature of any improvement which constitutes all or part of a structure or combination of structures, within an H, Historic Overlay District; 2. Demolition or moving of any improvement which constitutes all or part of a structure or combination of structures within an H, Historic Overlay District; 3. Construction or erection of any improvement or addition to any improvement upon any site or area included within an H, Historic Overlay District. Prior to the preparation of working drawings and specifications or calling for proposals or bids from contractors, the prospective property developers, owners or agents shall prepare pre- liminary scale drawings and outline specifica- tions for review and informal discussion. Said - 43 - RECORD OF PROCEEDINGS 100 Leaves preliminary scale drawings and outline specifi- cations, together with such other information as may be required to enable an intelligent understanding of the proposed work and a written request for the pre-application review, shall be submitted to the Building Inspector. All documents submitted to the Building Inspector for these required reviews shall be in triplicate prepared in a form suitable for filing in a standard size office filing cabinet. No exhibits need be submitted with a request to move or demolish a structure or combination of structures. Should the Building Inspector determine that preliminary scale drawings and outline specifi- cations demonstrate that no change to the exterior appearance of structures or combina- tions of structures will result, the Building Inspector may exempt the applicant from a pre- application review with the Historic Preservation Committee and shall continue to process the building permit in accordance with appropriate regulations. In cases where exterior changes will result, the Building Inspector shall notify the Committee promptly of each pre-application received and shall set a meeting date for said pre-application review. In cases of very minor repair projects the Historic Preservation Committee, if preliminary drawings and other data are sufficiently clear and explicit, may grant approval at the pre-application stage and shall also advise the Building Inspector in writing. The Building Inspector shall continue to process the building permit in accordance with appropriate regulations. In cases where approval is not given at the pre- application stage the following procedures shall apply. In processing each application for a building permit, under the provisions of this Section, the Historic Preservation Committee shall hold at least one (1) public hearing, notice of the time and place of which shall be given at least fifteen (15) days in advance by publication in a newspaper having general circulation in the City of Aspen. If the exhibits submitted for the pre-application review are deemed inadequate for holding a public hearing and for forming a clear idea of the proposed work, the Committee shall postpone action until adequate exhibits have been submitted. After such public hearing, the Committee shall: 1. Approve, or approve with conditions, the building permit as it pertains to the provisions of this Section, and shall so advise the Building Inspector in writing, and said Building Inspector shall then continue in accordance with the provisions of this Code. 2. Disapprove the building permit applied for as it pertains to this Section and so advise the Building Inspector in writing stating the reasons for such disapproval, and the Building Inspector shall deny the building permit. The applicant shall be notified of - 44 RECORD OF PROCEEDINGS 100 Leaves the Committee's decision within ten (10) days of the public hearing at which the application was considered. Recommendations of approval, disapproval or conditional approval shall be noted in the minutes of the proceedings. No permit for work within an H, Historic Overlay District, may be issued without the approval or conditional approval of the Committee except in cases exempted by the Building Inspector or granted by the Committee in the pre-applica- tion state or except after appeal as provided elsewhere in this Section. 24-9.11 Criteria for Approval and Conditional Approval; Exceptions A. The Committee sha~judge any proposed remodel- ing for the preservation of historical, archi- tectural and characteristic qualities and any new structure for complimentary design with adjacent designated structures, combinations of structures, sites or areas. In case of an application to raze, demolish or move a structure, judgment shall be made on the basis of its historical and architectural importance, its importance as a part of the geographic area within which it is located, and the actual physical condition of the structure. The Committee may promulgate guidelines and standards to rely upon in making any such decisions. B. The Committee may grant condtional approval at the pre-application review or application review stages on the provision that changes related to exterior architectural features recommended by said Committee be made in proposed owrk. In such case, the Building Inspector shall determine that the condtions of approval have been met and shall continue to process the building permit in accordance with appropriate regulations. 24-9.12 Appeal Procedure Any action of the Committee in disapproving or condi- tionally approving a permit application may be taken to the City Council within sixty (60) days of the decision and any action of the Committee so appealed from shall not become effective unless and until approved by the Council. On appeal the City Council may A. Grant exceptions or waivers from the provisions of this article when required to prevent a substantial hardship to the effected land- owner or injury to the public; or B. Explore all means for preserving the historic structure or site including, but not limited to, the feasibility of a modification of the plans or alternate private use of the structure or site which would substantially preserve the original character thereof, or the possibility of tax relief or public acquisition of the structure or site involved. - 45 - RECORD OF PROCEEDINGS 100 Leaves 24-9.13 Remedying Dangerous Conditions In any case where the Building Inspector, Health Officer, Fire Department or any other duly authorized officer or agency of the City of Aspen shall order or direct the construction, reconstruction, remodeling, repair or demolition of any improvement or any other necessary action to a structure, combination of structures, site or area designated as an H, Historic Overlay District, for the purpose of remedying conditions by said agencies to be immediately dangerous to life, health or property, nothing contained in this section shall be construed as making it a violation of this section for any person to comply with such order or directive without receipt of a statement from the Committee. Any such department, agency or officer shall give the Committee as early notice as practicable of the proposed or actual issuance of any such order or directive. 24-9.14 Violation and Remedies Whenever, by the provisions of this Article, the performance of any act is required or the commission of any act is prohibited, a failure to comply shall constitute a violation of Chapter 24 of the Municipal Code of the City of Aspen and all penalties and remedies therein contained shall be applicable. 24-9.15 Role of the Board of Adjustment The Board of Adjustment shall not act on any variance or exception pertaining to property within an H, Historic Overlay District, without first consulting and obtaining the written report of the Historic Preservation Committee. No appeal shall lie to the Board of Adjustment from any of the decisions of the Historic Preservation Committee. 24-9.16 Definitions A. Remodeling. Any act or process which changes one or more of the exterior architectural features of a structure, combination of structures, site or area designated as an H, Historic Overlay District. B. H, Historic Overlay District. Any structure or improvement and its surrounding environs, a group or combination of structures or improvements and their surrounding environs, sites or areas and their surrounding environs designated for preservation as an H, Historic Overlay District, under the provisions of this Article. C. Exterior architectural feature. The archi- tectural style, design, general arrangement and components of all the outer surfaces of a structure or improvement, including but not limited to the texture and materials, and to the type and style of all windows, lights, signs and other fixtures appurtenant to said structure or improvement. D. Improvement. Any building, structure, place, work of art or other object constituting a physical betterment of real property or any part of such betterment. - 46 - RECORD OF PROCEEDINGS 100 Leaves ARTICLE X RESERVED - 47 - RECORD OF PROCEEDINGS 100 Leaves ARTICLE XI AMENDMENTS TO ZONING CODE AND DISTRICT MAP 24-11.1 Authority The City Council ~ay, from time to time, amend, supple- ment or repeal the regulations and provisions of this Chapter. 24-11.2 Initiation of Procedures Amendments to the text of Chapter 24 of the Municipal Code may be initiated by the city Council or the City Planning and Zoning Commission. Amendments to the Zoning District Map may be initiated by the City Council, the City Planning and Zoning Commission, or by a real pro- perty owner in the area to be included in the proposed amendments. Amendments to establish H, liistoric Overlay Districts, shall proceed according to the requirements of Article IX, and shall be initiated by the Historic Preserv- ation Committee. 24-11.3 Application by city Council or Planning and Zoning Commission A. Amendments to Chapter 24 or the Zoning District Map proposed by the Planning and Zoning Commission of the City Council may be initiated at any time. ~ ~henever there is initiated under this section a change to the Zoning District Map, there shall be filed with the Planning and Zoning Commission, before the public hearing described in Para- graph C, an accurate survey map or other sufficient legal description of the area included in the proposed change, the names and addresses of owners of real property in the area proposed for change, and any additional information the Planning and Zoning Commission requires. C. The Planning and Zoning Commission shall hold a ~- public hearing on the proposed amendment provided that notice of such hearing shall be given as follows: 1. Notice shall be published once in a newspaper of general circulation in the City at least fifteen (15) days prior to the hearing date. 2. A written notice of said hearing shall be sent by first class mail at least fifteen (15) days prior to the hearing date to property owners within the area of proposed change and within three hundred (300) feet thereof. D. Following such public hearing, a report and recommendation on the proposed amendment by the Planning and Zoning Commission shall be forward- ed to the City Council. 24-11.,~ Rezoning of Entire City Whenever the Zoning District Map is in any way to be changed or amended incidental to or as part of a general revision of the zoning ordinance, ~.~hether such revision be made by repeal of the existing zoning ordinance and enactment of a new zoning ordinance, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change,shall be waived. However, the proposed zoning map shall be available for public inspection in the city Planning office during all business hours for fifteen (15) days prior to the public hearing on such amendments. RECORD OF PROCEEDINGS 100 Leaves 24-11.5 Application by Private Landowners. A. Rezoning applications by private applicaz~ts shall be heard by the planning and Zoning commission only during meetings scheduled by the Commission for this purpose in the month of October of each year. Public notice by one publication in a newspaper of general circulation within the city that rezoning applications are being accepted shall be made not later than July 15th of each year. B. Applications to rezone shall be submitted prior to August 15th of each year. Such application shall include an accurate survey map of the area included in the proposed change, and, in addition, must include: 1. The names and addresses of all owners of real property in the area of the proposed change; 2. The names and addresses of all owners of real property within three hundred (300') feet of the area of the proposed change; 3. The signature of the applicant, who shall be an owner of real property in the area of the proposed change; 4. A petition in favor of the amendment, signed by real property owners repre- senting eighty (80%) per cent of the land area included in the application, if property other than that owned by the applicant is affected; 5. A fee of One Hundred ($100.00) Dollars and an estimated publication cost to cover the processing of the application~ C. The Planning and Zoning Commission may require the applicant to submit an acceptable analysis of the impact of the proposed rezoning upon the air and water quality of the community ~d prepare, also at the applicant's expense, an economic impact or market feasibility report. D. The Planning and Zoning Commission shall hold a public hearing on the proposed amendment provided that notice of such hearing shall be given as follows: 1. Notice shall be published once in a news- paper of general circulation in the city at least fifteen (15) days prior to the hearing date. 2. A written notice of said hearing shall be sent by first class mail at least fifteen (15) days prior to the hearing date to property owners within the area of pro- posed change and within three hundred (300) feet thereof. E. Following such public hearing, a report and recommendation on the proposed amendment by the Planning and Zoning Commission shall be forwarded to the City Council. 24-11.6 City Council Public Hearing Before any change to the text of Chapter 24 or the Zoning District Map, the City Council shall hold - 49 - RECORD OF PROCEEDINGS 100 Leaves a public hearing after at least fifteen (15) days notice of the hearing shall have been published in a newspaper of general circulation in the city. Such hearing may be identical to and satisfy the public hearing require- ments for ordinance adoption. 24-11. 7 Temporary Suspension of Building Permits A. Whenever the city Council, Planning and Zoning Commission or the Historic Preservation Committee has properly initiated proceedings to amend the text of Chapter 24 or the Zoning District Map pursuant to the provisions of this Article, and the Planning and Zoning Commission has, subsequent to public hearing, adopted a resolution recommend- ing to the City Council approval of such amend- ment, no building permits shall be issued by the City Building Inspector which would be prohibited by the proposed amendment for a period of one (1) year following the date of such Commission reso- lution. Provided, however, if the City Council should, by resolution, refuse to further consider such amendment, or if an ordinance adopting the proposed amendment, or an amendment substantially similar to the proposed amendment, has not been passed on second reading by the City Council within the one (1) year time period, all building permits applied for during such period which otherwise conform to the existing zoning regula- tions shall issue. B. In the event the Planning and Zoning Commission shall have adopted a resolution recommending approval of a change to the Zoning District Map, including designations of H, Historic Over- lay Districts, within thirty (30) days of each resolution, notation to the Zoning District Map shall be made to show the pending amendment, and failure to make such notation shall suspend the effect of the resolution until such is made. Provided, however, if the required notation is made within the thirty (30) day period, it shall have effect retroactively to the date of the resolution. 24-11.8 Findings of City Council Whenever the City Council shall have set a public hearing to review an application by a private land- owner for a rezoning of his land, the applicant, and all parties interested therein, shall be given an opportunity to be heard, to present and rebut evidence, and to procure an adequate record and the city Council, at the close of the hearing or upon continuance of the matter to a time certain, shall make findings adequate to apprise the applicant of the reasons for approval or denial and the specific grounds relied on for such action. - 50 RECORD OF PROCEEDINGS 100 Leaves ARTICLE XII I,~ONCONFORMING USES AND STRUCTURES 24-12.1 Intent within the districts established by this zoning code, or amendments thereto that may be adopted, there exist lots, structures, and uses of land and structures, which were lawfully established before this code was passed or amended, but which would be prohibited, regu- lated or restricted under the terms of this code or future amendment. It is the intent of this Article to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is the further intent of this ordinance that nonconform- ities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. 24-12.2 Nonconforming Uses of Land (Or Land with Minor Structures Only) Where at the time of the passage of tl~is zoning code, or amendment thereof, lawful use of land exists which would not be permitted by the regulations imposed by this code, the use may be continued so long as it remains otherwise lawful, provided: A. No such non-conforming use shall be enlarged or increased, not extended to occupy greater area of land than was occupied at the effective date of adoption or amendment of this code; B. No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this code; C. If any such non-conforming use of land ceases for any reason for a period of more than one (1) year, any subsequent use of such land shall conform to the regulations specified by this code for the district in which such land is located; D. No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such non-conforming use of land. A non-conforming use shall not be changed to a use of a lower or less restrictive classification, but such non- conforming use may be changed to another use of the same or higher classification. 24-12.3 Nonconforming Structures Where a lawful structure exists at the effective date of adoption or amendment of this zoning code that could not be built under the terms of this code by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be con- ~inued so long as it remains otherwise lawful, subject to the following provisions: A. No such non-conforming structure may be enlarged or altered in a way which increases its non- conformity, but any structure or portion thereof may be altered to decrease its non-conformity; - 51 RECORD OF PROCEEDINGS 100 Leaves B. Should such non-conforming structures or non- conforming portion of a structure be destroyed by any means and shall not have been repaired or replaced within two (2) years from the date of loss, it shall not be reconstructed except in conformity with the provisions of this Code; C. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after moved. 24-12.4 Nonconforming Uses of Structure or of Structures and Premises in Combinatiun If lawful use involving individual structures, or of structure and premises in combination, exists at the effective date of adoption or amendment of this zoning code that would not be allowed in the district under the terms of this code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: A. No existing structure devoted to a use not permitted by this code in the district in which it is located shall be enlarged ex- tended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; B. Any non-conforming use may be extended through- out any parts of a building which were mani- festly arranged or designed for such use at the time of adoption or amendment of this code, but no such use shall be extended to occupy any land outside such building; C. If no structural alterations are made, any non-conforming use of a structure, or structure and premises, may be changed to another use of the same or higher classification, but such use shall not be changed to a use of a lower or less restrictive classification; D. Any structure, or structure and land in combina- tion, in or on which a non-conforming use is superceded by a permitted use, shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed; E. When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for a period of more than one (1) year, the structure, or structure and premises in combination, shall not there- after be used except in conformity with the regulations of the district in which it is located; F. Where non-conforming use status applies to a structure and premises in combination, removal or destruction ofthe structure shall eliminate the non-conforming status of the land. Destruction for the purpose of this subsection is defined as loss of or substantial damage the structure which shall not have been repaired or replaced within two (2) years from date of loss. 52 - RECORD OF PROCEEDINGS 100 Leaves 24-12.5 Repairs and Maintenance A. On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done in any period of 12 consecu- tive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing to an extent not exceeding 10 per cent of the current replacement cost of the non-conforming structure as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased. B. If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is de- clared by any duly authorized official to be unsafe or unlawful by reason of physical con- dition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. 24-12.6 Nonconforming Lots of Record A. ~here, at the effective date of the adoption of this or any code or amendment hereto, a lot of record was in separate ownership and cannot meet the minimum requirements for area or width, a single- family dwelling and customary accessory buildings may be erected on any single lot of record pro- vided: 1. Such lot is in separate ownership and not of continuous frontage with other lots in the same ownership; 2. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and require- ments other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located. Variances of yard requirements shall be obtained only through action of the Board of Adjustment. B. In residential district where two-family or multiple family dwellings are permitted, the requirement for square footage of lot area required per dwelling unit shall be strictly interpreted with no credit given for fractional portions of the required minimum as a basis for constructing additional dwelling units, except in the R-6 residential district where a two- family dwelling may be erected on such a lot containing a minimum of 8000 s~uare feet. C. In any district, no hotel or lodge shall be constructed on a lot non-conforming as to minimum lot area for the district. D. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership (including husband and wife as in all cases a single owner) are of record at - 53 - RECORD OF PROCEEDINGS 100 Leaves the effective date of adoption or amendment of this zoning code, regardless of diverse times of acquisition, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this code, and no portion of said parcel shall be used or occupied which does not meet the width and area requirements established by this code. 24-12.7 Lot Reduction; Prohibition Against Establishing New Non-conforming Uses No lot or parcel o~ land, nor any interest therein, shall be transferred, conveyed, sold, subdivided or acquired either in whole or in part, so as to create a new non-conform- ing use, to avoid, circumvent or subvert any provision of this ordinance, or so as to leave remaining any lot or width or area below the requirements for a legal building site as described in this code; nor shall any lot or portion of a lot required for a legal building site under the provisions of this code be used as a portion of a lot required as a site for another structure. No building permit shall be issued for any lot or parcel of land which has been transferred, conveyed, sold, subdivided or acquired in violation of this paragraph. Any transferee who acquires a lot or parcel of land in violation of this paragraph without knowledge of such violation, and any subsequent transferee, shall have the right to rescind and/or receive damages from any transferor who violates the provisions of this paragraph. 24-12.8 Priority of Use Classifications Whenever in this Article reference is made to a higher (or more restrictive) classification and lower (or less restrictive) classification of uses in provi~n~ that a non-conforming use may be converted to a higher but not lower classification,uses shall be considered higher or lower according to the following sequence (highest to lowest): agricultural, residential, public, office, accommodations, commercial, light industrial and heavy industrial. 24-12.9 Non-Abatement Provision Nothing herein shall be construed to constitute an abatement ordinance and it is the intention of this Article that non-conforming structures and uses be permitted to con- tinue to exist unless abandoned or destroyed, but not extended, enlarged or expanded, all as more specifically provided herein. -54- RECORD OF PROCEEDINGS 100 Leaves ARTICLE XIII REPEALER; INTERPRETATION, REVOCATION AND INVALIDITY OF PERMITS; VIOLATIONS AND REMEDIES; LIABILITY OF CITY; ,~ND SEVERABILITY 24-13.1 Repealer The zoning code adopted by the city of Aspen, colorado, as incorporated in the Aspen Municipal Code, Chapter 24 thereof, and all amendments thereto, is hereby repealed. Provided that the repeal of said code does not affect or impair any act done, offense committed, right accrued, or liability, penalty or forefeiture or punishment incurred under said ~ode, nor shall this repealer affect or prevent any pending or future prosecution of, or action to abate, any existing violation of said Chapter 24, as amended, if the violation is also a violation of this ordinance. 24-13.2 Interpretation; Conflict with Other Laws A. In their interpretation and application, the provisions of this zoning code shall be held to be minimum requirements adopted for the pro- ntotion of the public health, safety and welfare. B. Whenever the requirements of the zoning code are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances or other legislative actions by the Aspen City Council, the more restrictive, or that imposing the higher standard shall govern. C. Whenever restrictions imposed by this zoning code are either more or less restrictive than regulations adopted by any state or federal agency, the rules or regulations which are more restrictive or which impose higher standards or requirements shall govern. ~ithout regard to any provision of this zoning code, no land shall be used and no structure shall be erected, constructed, reconstructed, altered or maintained in violation of any state or federal pollution control or environmental protection law or regulation. 24-13.3 Revocation and Invalidation of Permits A. Any b~iilding permit authorized by this zoning code issued in reliance upon any material false statement in the application therefore, or in supporting documents or oral statements, is adsolutely void ab initio and shall be revoked. B. No permit issued pursuant to this building code shall remain in force and effect if the use or structure authorized therein shall become non- conforming. Provided, however, if, subsequent to and in reliance upon the issuance of the permit, an applicant has so substantially changed his position or incurred extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights acquired by issuance of the permit, then such permit shall not be invalidated and the approved development shall be allowed to proceed to completion if not otherwise unlawful. 55 - RECORD OF PROCEEDINGS 100 Leaves 24-13.4 Permit Requirement. It shall be unlawful to elect, construct reconstruct, alter, move or change the use of any building or other structure or improve- ment within the City of Aspen without obtaining a building permit from the City Building Inspector, and such permit shall not issue until the plans of and for the proposed erecting, construction, reconstruction, alteration, moving, or use fully conform to the zoning regulations then in effect, and unless plans to be kept as a permanent public record are submitted to the Building Inspector. 24-13. A. 5 violations And Remedies The erection, construction, reconstruction, alteration, moving, conversion or maintenance of any building or structure and the use of any land, structure or building which is con- tinued, operated or maintained, contrary to any provisions of this zoning code, is hereby declared to be a violation of this code and unlawful. Any person or corporation, whether as principal, agent or employee, who violates any provision of this zoning code shall be, for each offense, punished by a fine of not exceeding Three Hundred ($300.00) Dollars or imprisonment for a period of not more than ninety (90) days, or both such fine and imprisonment- Each day any violation of this zoning code shall continue will constitute a separate offense. The City Attorney shall, immediately upon such violation being called to his or her attention, institute injunctive, abatement, or other appropriate action to prevent, enjoin, abate or remove such violation. Such right of action shall also accrue to any property owner who may be especially damaged by any violation of this zoning code. The imposition of any penalty hereunder shall not preclude the City of Aspen or affected property owner from instituting any appropriate action or proceeding to require complaince with the provisions of this zoning code. Any remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Be Ce 24-13.6 Liability of City This zoning code shall not be construed to hold the City of Aspen or its authorized agents responsible for -56- RECORD OF PROCEEDINGS 100 Leaves any damage to property or injury to persons by reason of inspection authorized herein, or failure to inspect, or by reason of issuance of a building permit as herein provided. 24-13.7 Severability If any provision of this zoning code or the application thereof to any person or circumstance is held invalid by judgment or decree of any court of competent jurisdiction, such invalidity shall not affect other provisions or applications of the code which can be given effect without such invalid provision or application, and to this end the provisions or applications of this code are declared to be severable." Section 2 That Section 19-104, subsection (c) of the Municipal Code of the City of Aspen, colorado, is hereby amended to read as follows: "(c) No curb cut shall be located closer than twenty-five (25) feet to an intersection; NOR, WHERE THERE EXISTS PUBLIC ALLEY ACCESS, SHALL ANY CURB CUTS BE MADE ON HIGH- '3AY 82 WITHIN THE CITY LIMITS OF ASPEN WITHOUT THE PRIOR WRITTEN APPROVAL OF THE ASPEN pI~ANNING AND ZONING cOMMISSION." Section 3 That Section 19-101 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Sec. 19-101 Construction of sidewalks, curbs, etc., or reservation of funds for cost prior to issuance of certificate of occupancy The Building Inspector of the city shall refuse to issue a certificate of occupancy for any new construction within any CC, c-l, %~C and CL or any other zone district where the City Engineer has directed the location of sidewalks and gutter, until the construction of sidewalks and six (6") inch vertical curb and gutter adjacent thereto. Provided that in the event that weather con- ditions prevent such construction of sidewalks immediately after completion of construction of the principal improve- ments, the City Engineer may determine the cost of con- struction of such sidewalks, and upon placement of such sum in escrow, the Building Inspector may then issue a certificate of occupancy." -57- RECORD OF PROCEEDINGS 100 Leaves Section 4 The repeal or the repeal and reenactment verbatin or in amended form, of certain sections of Chapter 24 of the Municipal Code of the City of Aspen, ns above provided shall not constitute a bar to the prosectuion and punishment of an act or acts already committed in violation of the section so repealed or repealed and reenacted or the prosecution of a violation of any other section in which such section or sections is or are used or otherwise involved. All sections repealed, or repealed and reenacted, by this ordinance shall remain in full force and effect for the purpose of sustaining any and all actions, suits, proceedings, prosecutions instituted, and the penalties imposed therefore which arose prior to the effective date of the within ordinance. Section 5 Ail sections, or parts of sections of the Municipal code for the City of Aspen, as amended, or ordinances,or parts of ordin- ances in conflict or inconsistent herewith, except those of ordin- ance 50, Series of 1974, and ordinances 13 and 25, Series of 1975, are hereby repealed, provided, however, that the repeal of any section or parts of sections of the Municipal Code of the City of Aspen, or any Ordinance or part thereof, shall not revive any other section of said code, ordinance or ordinances, heretofore repealed or superseded. Section 6 If any provisions of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid pro- visions or applications and to this end the provisions or applic- ations of this ordinance are declared to be severable. ection 7 A public hearing.on this ordinance shall be held on ~J~+-a ~ , the~ day of ~z~. ~ , 1975, at ~.-p~/p.~., ~r~he City c~--~cil Chambers% City Hall, Aspen, colorado. At least seven (7) days prior to such hearing there shall have been published notice of the same in a newspaper of general circulation within the city. INTRODUCED, READ ~ND ORDERED published as provided by law by the City Cou_~qil of the~ity of Aspen, colorado, at its regular meeting held/~.~.~/~, 1975. ATTEST: Kathryn ~au%e~, city Clerk FINALLY ADOPTED, PASSED AND APPROVED this .~_~day of , 1975. ATTEST: Kathryn }~,~.ter, City Clerk -58- STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the City of Aspen on ~~_zz~_~ ~z4J, 197 ~---, and publish- ed in the Aspen Times a weekly newspaper of genera]_ circul- ation, published in the City of Aspen, Colorado, in its issue of ~-~i~_~~ /.~ ., 197~---, and was finally adopted at a regular meeting of the City Council on- , 197~, and ordered published as // , Series of 197~--, of said City, as and approved Ordinance No. provided by law. IN WITNESS WHEREOF, I have hereunto set my hand amd the seal of said City of Aspen, Colorado, this~'zT~ day of ~ , 197~~--. Kakthryn S/~Haut~r, City Clerk