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Home My WebLink Aboutordinance.council.034-79RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 3~ - (Series of 1979) AN ORDINANCE AMENDING SECTIONS 24-3 AND 24-12 OF THE ASPEN MUNICIPAL CODE BY AMENDING THE DEFINITIONS OF BASEMENT, SUBGRADE, AND THE SUPPLEMENTARY REGULATION MEASURING FLOOR AREA FOR FLOOR AREA RATIO; AND FURTHER BY AMENDING AREA AND BULK REQUIREMENTS TO INCLUDE MAXIMUM ALLOWABLE EXTERNAL FLOOR AREAS FOR THE R-6, AND R-30 ZONE DISTRICTS WHEREAS, the City Council of the City of Aspen wishes amend Sections 24-3 and 24-12 of the Municipal Code for the fit of the City of Aspen, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-3.1(b) follows: (b) R-15, to bene- be repealed and reenacted to read as used for parking, storage, purposes. Section 2 That Section 24-3.1(ee) be repealed and follows: (ee) Basement: That area of a structure fifty (50) percent or more of which is below grade. Except in the R-6, R-15 and R-30 zone districts, the uses shall be 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). Except in the R-6, R-15 and R-30 zone district sub-basement uses shall be subor- dinate to the principal use opf the building and and other secondary reenacted to read as Subgrade: Any story of a structure which is one hundred percent (100%) below grade. Except in the R-6, R-15 and R-30 zone districts, the RECORD OF PROCEEDINGS 100 Leaves uses shall be subordinate to the principal use of the building, and used for parking, storage, and other secondary purposes. Section 3 That Section 24-3.7(e) follows: be repealed and reenacted to read as (e) Measuring floor area for floor area ratio and allowable floor area. (1) In measuring floor area for the purpose of calculating floor area ratio and allowable floor area, there shall be included that area within the surrounding exterior walls (measured from their exterior surface) of a building or portion thereof, exclusive of vent shafts and courts. The calculation of floor area of a building or a portion thereof shall include above-grade decks, stairway~, and balconies and any area under a horizontal projection of a roof or balcony even though such areas are not surrounded by exterior walls, when such areas are necessary for the function of the building. For the purposes of this calculation, parking shall be considered necessary for the function of a building. For the purposes of this calculation decks and bal- conies in the R-6, R-15 and R-30 zone districts and covering over sidewalks and entryways at or below grade are not considered necessary for the function of the building. (2) For purposes of calculating external floor area ratio, there shall be included basement and subbasement areas in CC and C1 Districts except any such basement or subbasement area devoted to -2- RECORD OF PROCEEDINGS 100 Leaves parking. In all districts other than CC, C1, R-6, R-15 and R-30, parking areas and those subgrade and sub-basement areas not in con- formance with the minimum requirements for natural light, ventilation and emergency exit for the applicable occupancy group in the Build- ing Code of the City of Aspen shall be excluded from external floor area ratio calculations; basement areas and those subgrade and sub-base- ment areas meeting the minimum requirements for natural light, ventilation, and emergency exit for the applicable occupancy group shall be included in external floor area ratio calcula- tions. In the R-6, R-15 and R-30 zone dis- tricts, subgrade and sub-basement space shall not be included in exterior floor area calcula- tions. Areas dedicated to mechanical operation of buildings shall be excluded from external floor area ratio calculations in all districts. (3) For Planned Unit Development applications in the R-6, R-15 and R-30 zones, the allowable floor area shall be calculated by determining the square footage of the entire land ownership, excluding existing rights-of-way and easements, and dividing by the total number of dwelling units existing and proposed for development. The resulting square footage of land shall be used to determine the allowable floor area according to the provisions o~ 24-3.4 and 24-3.7(e). Allowable floor area shall be calcu- lated based on the type of development proposed (that is, one-family or two-family dwelling con- -3- RECORD OF PROCEEDINGS 100 Leaves struction). In areas designated mandatory Planned Unit Development on the Zoning District Map, except for previously subdivided lots of record, the square footage of the entire land ownership shall first be reduced according to the provisions of Section 24-8.18 of the Zoning Code. The reduced square footage of land shall then be divided by the total number of dwelling units existing and proposed for development and the resulting square footage of land shall be used to determine the allowable floor area as provided for in this Section 24-3.7(e)(3). Section 4 That Section 24-3.4 to be amended by the addition to the area and Bulk Requirements Chart the following allowable floor areas in the R-6, R-15, and R-30 zone districts: Maximum allowable external floor areas in the R-6, R-15, and R-30 zone districts for one-family dwelling construction: For lots between O and 3,000 square feet, for each 100 square foot increase in lot size, the allowable floor area shall be increased by 76.67 square feet. (Allowable floor area for 3,500 square foot lots shall be 2,300 square feet. For lots between 3,000 and 9,000 square feet, for each 100 square foot increase in lot size above 3,000 square feet the allowable floor area shall be increased by 20 square feet. (Allowable floor area for 9,000 square foot lots shall be 3,000 square feet.) For lots between 9,000 and 15,000 square feet, for each 100 square foot increase in lot size above 9,000 square feet, the allowable floor area shall be increased by 8.33 square feet. (Allowable floor area for 15,000 square foot lots shall be 4,000 square feet.) For lots between 15,000 and 50,000 square feet, for each 100 square foot increase in lot size above 15,000 square feet, the allowable floor area shall be increased by 5.72 square feet. (Allowable floor area for 50,000 square foot lots shall be 6,000 square feet.) For lots above 50,000 square feet, for each 100 square foot increase in lot size above 50,000 square feet, the allowable floor area shall be increased by 2 square feet. -4- RECORD OF PROCEEDINGS 100 Leaves Section (c) Maximum total allowable external floor areas in the R-6, R-15 and R-30 zone districts for two-family dwelling construction: For 8,000 square foot lots, the total allowable floor area is 3,950 square feet. For lots between 8,000 and 15,000 square feet, for each 100 square foot increase in lot size, the total allowable floor area shall be increased by 6.43 square feet. (Allowable floor area for 15,000 square foot lots shall be 4,400 square feet.) For lots between 15,000 and 50,000 square feet, for each 100 square foot increase in lot size, the total allowable floor area shall be increased by 4.57 square feet. (Allowable floor area for 50,000 square foot lots shall be 6,000 square feet.) For lots above 50,000 square feet, for each 100 square foot increase in lot size, the total allowable floor area shall be increased by 2 square feet. Section 5 That Section 24-12.5 be amended by the addition of a new (c) to read as follows: For residential structures in the R-6, R-15 and R-30 zone district nonconforming only in regard to the allowable floor area per dwelling for the entire land ownership and otherwise conforming with the requirements of the Zoning Code, restoration, and repairs may be made without regard to cost provided that the cubic content existing when the structure became non-conforming shall not be increased. Section 6 If any structure or expansion of a structure has been granted final approval under the provisions of Article 24-10, Growth Management Quota System, prior to the final adoption of this Ordi- nance No. , said structure or expansion of said structure shall be exempt from the provisions of said ordinance, and the building inspector may issue a building permit to said structure in the event that said structure is consistent with that approval and all other applicable regulations of the City of Aspen. -5- RECORD OF PROCEEDINGS 100 Leaves to Section 7 If any provision of this ordinance or the any person or circumstance is held invalid, application thereof such invalidity shall not affect other provisions or application of the ordinance which can be given effect without the invalid provision or application, and to this delcared to be severable. Section 8 That a public hearing end the provisions of this ordinance are Council Chambers, Aspen City Hall, be held on this ordinance on , 1979, at 5:00 P.M. in the City Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once newspaper of general circulation within the City of Aspen. INTRODUCED, City Council of meeting held at 1979. in a READ AND ORDERED published as provided by law the the City of Aspen, Colorado, at its regular the City of Aspen on the day of , ATTEST: Kathryn S. Koch City Clerk FINALLY adopted, Herman Edel Mayor passe~~ , 1979. day of ATTEST: Herman Edel Mayor Kathryn S. Koch City Clerk -6-