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ORDINANCE No. 11
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS AND
SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN
MUNICIPAL CODE: 26.710.140 - COMMERCIAL CORE (CC) ZONE DISTRICT;
26.710.150 - COMMERCIAL (Cl) ZONE DISTRICT; 26.710.170-
NEIGHBORHOOD COMMERCIAL (NC) ZONE DISTRICT; AND, 26.710.180-
MIXED-USE (MU) ZONE DISTRICT.
WHEREAS, the City Council of the City of Aspen directed the Planning Director of
the Community Development Department to propose amendments to the Land Use Code
related to multi-family development, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the amendments requested relate to the following Chapters and
Sections of the Land Use Code, Title 26 of the Aspen Municipal Code:
26.710.140 - Commercial Core (CC) Zone District
26.710.150 - Commercial (Cl) Zone District
26.710.170 - Neighborhood Commercial (NC) Zone District
26.710.180 - Mixed-Use (MU) Zone District; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of
the Municipal Code shall be reviewed and recommended for approval, approval with
conditions, or denial by the Community Development Director and then by the Planning and
Zoning Commission at a public hearing. Final action shall be by City Council after reviewing
and considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the long-term economic sustainability of Aspen depends upon the
continued economic success and aesthetic attractiveness of commercial and mixed-use
buildings and districts in and near downtown; and,
WHEREAS, in order to encourage a continued social vitality of commercial areas
and a long-term sustainability of the local economy certain development incentives are
available for free-market residential development upon provision of additional affordable
housing development; and,
WHEREAS, as an additional means of encouraging a social liveliness and high
occupancies, a maximum residential unit size has been implemented; and,
WHEREAS, the amendments proposed herein are consistent with the Aspen Area
Community Plan, which in part calls for:
. The focusing of growth towards already developed areas and away from undeveloped
areas surrounding the city by intensification of land uses within the downtown.
. The retention of existing commercial and lodging uses.
Ordinance No. 11, Series of2007.
Page 1
. An increased vitality of the downtown retail environment.
. The rejuvenation of aging commercial properties.
. The preservation of historic resources through the transfer of development rights.
. The development of mixed-use buildings with housing opportunities for locals.
. The development of affordable housing in locations supported by the "Interim Aspen
Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP).
. An emphasis on the quality of development as opposed to just the quantity of
development.
. A balance between the community and the resort aspects of Aspen.
. The long-term sustainability ofthe local social and economic conditions.
; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on March 27,
2007, and April 2, 2007, took and considered public testimony and the recommendation of
the Community Development Director and recommended, by a six to zero (6-0) vote, City
Council adopt the proposed amendments to the land use code by amending the text of the
above noted Chapters and Sections of the Land Use Code, as described herein.
WHEREAS, the Aspen City Council has reviewed and considered the recommended
changes to the Land Use Code under the applicable provisions of the Municipal Code identified
herein, has reviewed and considered the recommendation of the Community Development
Director, the Planning and Zoning Commission, and has taken and considered public comment at
a public hearing; and,
WHEREAS, the City Council fmds that the proposed text amendments to the Land Use
Code meet or exceed all applicable standards and that the approval of the proposal is consistent
with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
Section 26.710.140 - Commercial Core (CC) Zone District, which section regulates
development within the Commercial Core Zone District, shall read as follows:
26.710.140 Commercial Core (CC).
A. Purpose. The purpose of the Commercial Core (CC) zone district is to allow the use of
land for retail, service commercial, recreation, and institutional purposes within mixed-use
buildings to support and enhance the business and service character in the historic central
Ordinance No. 11, Series of2007.
Page 2
business core of the City. The district permits a mix of retail, office, lodging, affordable
housing, and free market housing uses oriented to both local and tourist populations to
encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of
buildings while residential and office uses are not permitted on ground floors.
B. Permitted uses. The following uses are permitted as of right in the Commercial Core
(CC) zone district:
1. Uses allowed on Basement Floors: Retail and Restaurant Uses, Office Uses, uses and
building elements necessary and incidental to uses on other floors.
2. Uses allowed on the Ground Floor: Retail and Restaurant Uses and uses and building
elements necessary and incidental to uses on other floors. Office Uses are prohibited on
the Ground Floor except within spaces set back a minimum of 40 feet from a Street and
recessed behind the front-most street-facing fac;:ade. This prohibition shall not apply to
Split-Level Buildings (see definition). Parking shall not be allowed as the sole use of
the Ground Floor.
3. Uses allowed on Upper Floors: Retail and Restaurant Uses, Office Uses, Lodging,
Timeshare Lodge, Affordable Multi-Family Housing, Free-Market Multi-Family
Housing, home occupations.
4. Uses allowed on all building levels: Retail and Restaurant Uses, Neighborhood
Commercial Uses, Service Uses, Arts Cultural and Civic Uses, Public Uses,
Recreational Uses, Academic Uses, child care center, accessory uses and structures,
storage accessory to a permitted use, uses and building elements necessary and
incidental to uses on other floors including parking accessory to a permitted use,
farmers market provided a vending agreement is obtained pursuant to Section
15.04.350(B).
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Core (CC) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Gasoline service station;
2. Commercial Parking Facility, pursuant to Section 26.515.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Commercial Core (CC) zone district:
1. Minimum lot size (square feet): No requirement.
2. Minimum lot area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front vard setback (feet): No requirement.
5. Minimum side vard setback (feet): No requirement.
6. Minimum rear vard setback (feet): No requirement.
Ordinance No. 11, Series of2007.
Page 3
7. Minimum Utilitv/TrashlRecvcle area: Pursuant to Section 26.575.060.
8. Maximum height (feet): 28 feet for two-story elements of a building. 38 feet for three-
story elements of a building, which may be increased to 42 feet through Commercial
Design Review. See Chapter 26.412.
9. Minimum distance between buildings on the lot (feet): No requirement.
10. Public Amenity Space: Pursuant to Section 26.575.030.
11. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject
to compliance with applicable design standards, view plane requirements, public
amenity requirements, and other dimensional standards. Accordingly, the maximum
FAR is not an entitlement and is not achievable in all situations.
a. Commercial Uses: 2:1.
b. Arts Cultural and Civic Uses, Public Uses, Recreational Uses, Academic Uses, child
care center, and similar uses: 2.75:1.
c. Affordable Multi-Family Housing: No limitation.
d. Lodging: .5:1, which may be increased to 1.5:1 if the individual lodge units on the
parcel average 500 Net Livable square feet or less, which may be comprised of
lock-off units.
e. Free-Market Multi-Family Housing: .5:1, which may be increased to .75:1 if
affordable housing equal to 100% of the free-market residential floor area IS
developed on the same parcel.
12. Maximum multi-familv residential dwelling unit size (square feet): 2,000 square feet of
net livable area.
a. The property owner may increase individual multi-family unit size by extinguishing
Historic Transferable Development Right Certificates ("certificate" or
"certificates"), subject to the following:
(1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
(2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring development
rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet
may be applied per unit).
(3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) ofthe lot.
Commentary: Reftr to Chapter 26.535 for the procedures for extinguishing certificates.
Ordinance No. 11, Series of2007.
Page 4
13. Maximum Lodge Unit Size (square feet): 1,500. When units are comprised oflock-off
units, this maximum shall apply to the largest possible combination of units.
14. Commercial I Residential Ratio: The total lodging and free-market residential Net
Livable Area shall be no greater than the total above grade Floor Area associated with
the uses described in Section 26.71O.140.D.I1. a and b combined on the same parcel.
Section 2:
Section 26.710.150 - Commercial (Cl) Zone District, which section regulates development
within the Commercial Core Zone District, shall r.ead as follows:
26.710.150 Commercial (Cl).
A. Purpose. The purpose of the Commercial (Cl) zone district is to provide for the
establishment of mixed-use buildings with commercial uses on the ground floor, opportunities
for affordable and free-market residential density. A transition between the commercial core
and surrounding residential neighborhoods has been implemented through a slight reduction in
allowable floor area as compared to the Commercial Core, the ability to occupy the Ground
Floor with offices, and a separate Chapter in the Commercial Design Guidelines.
B. Permitted uses. The following uses are permitted as of right in the Commercial (Cl)
zone district:
1. Uses allowed on Upper Floors: Lodging, Affordable Multi-Family Housing, Free-
Market Multi-Family Housing, home occupations.
2. Uses allowed on all building levels: Retail and Restaurant Uses, Neighborhood
Commercial Uses, Service Uses, Office Uses, Arts, Cultural and Civic Uses, Public
Uses, Recreational Uses, Academic Uses, child care center, bed and breakfast,
accessory uses and structures, uses and building elements necessary and incidental to
uses on other floors including parking accessory to a permitted use, storage accessory to
a permitted use, farmers market provided a vending agreement is obtained pursuant to
Section l5.04.350(B). Parking shall not be allowed as the sole use of the Ground Floor.
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial (Cl) zone district, subject to the standards and procedures established in Chapter
26.425:
1. Lodging, Affordable Multi-Family Housing, Free-Market Multi-Family Housing, or
home occupations on the Ground Floor.
2. Commercial Parking Facility, pursuant to Section 26.515;
3. For historic landmark properties: Detached residential dwelling, two detached
residential dwellings, and duplex dwelling.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Commercial (Cl) zone district:
Ordinance No. 11, Series of2007.
Page 5
1. Minimum lot size (square feet):
a. Detached residential dwelling, two detached residential dwellings, duplex dwelling,
and bed and breakfast: 3,000.
b. All other uses: No requirement.
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling, two detached residential dwellings, duplex dwelling,
and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
3. Minimum lot width (feet):
a. Detached residential dwelling, two detached residential dwellings, duplex dwelling,
and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
4. Minimum front vard setback (feet):
a. Detached residential dwelling, two detached residential dwellings, duplex dwelling,
and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
5. Minimum side vard setback (feet):
a. Detached residential dwelling, two detached residential dwellings, duplex dwelling,
and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
6. Minimum rear vard setback (feet):
a. Detached residential dwelling, two detached residential dwellings, duplex dwelling,
and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
7. Minimum Utilitv/TrashlRecvcle area: Pursuant to Section 26.575.060.
8. Maximum height:
a. Detached residential dwelling, two detached residential dwellings, duplex dwelling,
and bed and breakfast: Same as R6 zone district.
b. All other uses: 28 feet for two-story elements of a building. 36 feet for three-story
elements of a building, which may be increased to 40 feet through Commercial
Design Review. See Chapter 26.412.
9. Minimum distance between buildings on the lot (feet):
a. Detached residential dwelling, two detached residential dwellings, duplex dwelling,
and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
10. Public Amenity Space: Pursuant to Section 26.575.030.
11. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of2.5:1. Achieving the maximum floor area ratio is subject to
compliance with applicable design standards, view plane requirements, public amenity
requirements, and other dimensional standards. Accordingly, the maximum FAR is not
an entitlement and is not achievable in all situations.
a. Commercial Uses: 1.5:1.
Ordinance No. 11, Series of2007.
Page 6
b. Arts Cultural and Civic Uses, Public Uses, Recreational Uses, Academic Uses, child
care center, and similar uses: 2.5: I.
c. Affordable Multi-Family Housing: No limitation.
d. Lodging: .5:1, which may be increased to 1.5:1 if the individual lodge units on the
parcel average 500 Net Livable square feet or less, which may be comprised of
lock-off units.
e. Free-Market Multi-Family Housing: .5:1, which may be increased to .75:1 if
affordable housing equal to 100% of the free-market residential floor area is
developed on the same parcel.
f. Detached residential dwellings, Duplex dwellings, and bed and breakfast (as the
sole use of parcel and not cumulative with other uses): 80% of allowable floor area
of a same-sized lot located in the R6 zone district. (See R6 Zone District.)
Extinguishment of Historic TDRs shall not permit additional FAR for single-family
or duplex development.
12. Maximum multi-familv residential dwelling unit size (square feet): 2,000 sq. ft. of net
livable area.
a. The property owner may increase individual multi-family unit size by
extinguishing Historic Transferable Development Right Certificates
("certificate" or "certificates"), subject to the following:
(1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
purchased.
(2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
(3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) ofthe lot.
Commentary: Reftr to Chapter 26.535 for the procedures for extinguishing
certificates.
13. Maximum Lodge Unit Size (square feet): 1,500. When units are comprised oflock-off
units, this maximum shall apply to the largest possible combination of units.
14. Commercial I Residential Ratio: The total lodging and free-market residential Net
Livable Area shall be no greater than the total above grade Floor Area associated with
the uses described in Section 26.710.150.D.I1. a and b combined on the same parcel.
Ordinance No. 11, Series of2007.
Page 7
Section 3:
Section 26.710.170 - Neighborhood Commercial (NC) Zone District, which section regulates
development within the Neighborhood Commercial Zone District, shall read as follows:
26.710.170 Neighborhood Commercial (NC).
A. Purpose. The purpose of the Neighborhood Commercial (NC) zone district is to provide
for the establishment of mixed-use buildings with commercial uses serving the daily or
frequent needs of the surrounding neighborhood, thereby reducing traffic circulation and
parking problems, to provide opportunities for affordable and free-market residential density,
and to provide a transition between the commercial core and surrounding residential
neighborhoods.
B. Permitted uses. The following uses are permitted as of right in the Neighborhood
Commercial (NC) zone district:
1. Uses allowed on Upper Floors: Lodging, Affordable Multi-Family Housing, Free-
Market Multi-Family Housing, home occupations.
2. Uses allowed on all building levels: Retail and Restaurant Uses, Neighborhood
Commercial Uses, Service Uses, Office Uses, Arts, Cultural and Civic Uses, Public
Uses, Recreational Uses, Academic Uses, child care center, bed and breakfast,
accessory uses and structures, uses and building elements necessary and incidental to
uses on other floors including parking accessory to a permitted use, storage accessory to
a permitted use, farmers market provided a vending agreement is obtained pursuant to
Section 15.04.350(B).
C. Conditional uses. The following uses are permitted as conditional uses in the
Neighborhood Commercial (NC) zone district, subject to the standards and procedures
established in Chapter 26.425:
1. Lodging, Affordable Multi-Family Housing, Free-Market Multi-Family Housing, or
home occupations on the Ground Floor.
2. Commercial Parking Facility, pursuant to Section 26.515;
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Neighborhood Commercial (NC) zone district:
1. Minimum lot size (square feet): No requirement.
2. Minimum lot area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front vard setback (feet): 5.
5. Minimum side vard setback (feet): 5.
6. Minimum rear vard setback (feet): 5.
7. Minimum Utilitv/TrashlRecvcle area: Pursuant to Section 26.575.060.
Ordinance No. 11, Series of2007.
Page 8
8. Maximum height: 28 feet, which may be increased to 32 feet through Commercial
Design Review. See Chapter 26.412.
9. Minimum distance between buildings on the lot (feet): No requirement.
10. Public Amenitv Space: Pursuant to Section 26.575.030.
11. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 1.5:1. Achieving the maximum floor area ratio is subject to
compliance with applicable design standards, view plane requirements, public amenity
requirements, and other dimensional standards. Accordingly, the maximum FAR is not
an entitlement and is not achievable in all situations.
a) Commercial Uses: 1:1.
b) Lodging, Arts Cultural and Civic Uses, Public Uses, Recreational Uses, Academic
Uses, child care center, and similar uses: 1: 1.
c) Affordable Multi-Family Housing: .5:1.
d) Free-Market Multi-Family Housing: .25:1, which may be increased to .5:1 if
affordable housing floor area equal to 100% of the free-market residential floor area
is developed on the same parcel.
12. Maximum multi-family residential dwelling size (square feet):1,500 sq. ft. of net livable
area.
a. The property owner may increase individual multi-family unit size by extinguishing
Historic Transferable Development Right Certificates ("certificate" or
"certificates"), subject to the following:
(1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
purchased.
(2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,000 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
(3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) ofthe lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates.
13. Commercial/Residential Ratio: The total free-market residential Net Livable Area shall
be no greater than the total Floor Area associated with the uses described in Section
26.71O.170.D.11.a and b combined on the same parcel.
Ordinance No. 11, Series of2007.
Page 9
Section 4:
Pursuant to Section 26.710.180 - Mixed-Use (MU) Zone District, which section regulates
development within the Mixed-Use Zone District, shall read as follows:
26.710.180 Mixed-Use (MU).
A. Purpose. The purpose of the Mixed-Use (MU) Zone District is to provide for a variety
of lodging, multi-family, single-family, and mixed-use buildings with commercial uses serving
the daily or frequent needs of the surrounding neighborhood, provide a transition between the
commercial core and surrounding residential neighborhoods, and to provide a variety of
building sizes compatible with the character of the Main Street Historic District.
B. Permitted uses. The following uses are permitted as of right in the Mixed-Use (MU)
zone district:
1. On Historic Landmark Properties: Retail and Restaurant Uses, Neighborhood
Commercial Uses, and Bed and Breakfast.
2. Service Uses.
3. Office Uses.
4. Lodging, Timeshare Lodge, Exempt Timesharing.
5. Arts, Cultural and Civic Uses.
6. Public Uses.
7. Recreational Uses.
8. Academic Uses.
9. Child care center.
10. Affordable Multi-Family Housing.
11. Free-Market Multi-Family Housing.
12. Single Family Residence.
13. Duplex Residence.
14. Two Detached Single-Family Residences.
15. Home occupations.
16. Accessory uses and structures.
17. Storage accessory to a permitted use.
C. Conditional uses. The following uses are permitted as conditional uses in the Mixed-
Use (MU) zone district, subject to the standards and procedures established in Chapter 26.425:
1. Commercial Parking Facility, pursuant to Section 26.515.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Mixed-Use (MU) zone district:
1. Minimum lot size (square feet): 3,000.
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwellings: 4,500. 3,000 for Historic Landmark
properties.
b. Duplex dwellings: 4,500. 3,000 for Historic Landmark properties.
c. All other uses: Not applicable.
Ordinance No. 11, Series of2007.
Page 10
3.
4.
5.
6.
7.
8.
9.
10.
11.
A.
Minimum lot width (feet): 30.
Minimum front vard setback (feet): 10, which may be reduced to 5, pursuant to
Special Review, Section 26.430.
Minimum side vard setback (feet): 5.
Minimum rear vard setback (feet): 5.
Minimum Utilitv/TrashlRecvcle area: Pursuant to Section 26.575.060.
Maximum height:
a. Commercial, Lodge, Timeshare Lodge, Exempt Timesharing, Multi-Family,
and Mixed-Use Buildings: 28 feet, which may be increased to 32 feet
through Commercial Design Review. See Chapter 26.412.
b. Detached residential and Duplex dwellings: 25 feet.
Minimum distance between buildings on the lot (feet): 10.
Public Amenity Space: Pursuant to Section 26.575.030.
Floor Area Ratio (FAR):
The following FAR schedule applies to uses cumulatively up to a total
maximum FAR of2:1. For properties within the Main Street Historic District,
this maximum cumulative FAR shall be 1:1, which may be increased to 1.25:1
by Special Review, pursuant to Section 26.430.040.A. Achieving the maximum
floor area ratio is subject to compliance with applicable design standards, view
plan requirements, public amenity requirements, and other dimensional
standards. Accordingly, the maximum FARis not an entitlement and is not
achievable in all situations.
1. Commercial; Lodge; Timeshare Lodge, Exempt Timesharing; Arts, Cultural
and Civic uses; Public Uses; Recreational Uses; Academic Uses: .75:1,
which may be increased to 1: 1 by Special Review, pursuant to Section
26.430. 040.A.
2. Affordable Multi-Family Housing: No limitation, other than the cumulative
FAR limit stated above.
3. Free-Market Multi-Family Housing: .5:1, which may be increased to .75:1 if
affordable housing floor area equal to 100% of the free-market residential
floor area is developed on the same parcel.
B. The following FAR schedule applies to single-family and duplex uses when
developed as the only use ofthe parcel:
1. Detached residential and Duplex dwellings established prior to the
adoption of Ordinance 7, Series of 2005: 100% of the allowable floor
area of an equivalent-sized lot located in the R6 zone district. (See
Section 26.710.040 - R6 Zone District.) Receipt of a Development
Order shall constitute the date the use was established. Replacement
after Demolition shall not effect a new establishment date for the
purposes of this section. City of Aspen Historic Transferable
Ordinance No. 11, Series of2007.
Page 11
Development Rights shall not permit additional floor area for detached
residential and duplex dwellings.
2. Detached residential and Duplex dwellings established after the adoption
of Ordinance 7, Series of 2005: 80% of the allowable floor area of an
equivalent-sized lot located in the R6 zone district. (See Section
26.710.040 - R6 Zone District.) City of Aspen Historic Transferable
Development Rights shall not permit additional floor area for detached
residential and duplex dwellings..
12. Maximum multi-familv residential dwelling unit size (square feet): 2,000 sq. ft. of
net livable area.
a. The property owner may increase individual multi-family unit size by
extinguishing Historic Transferable Development Right Certificates
("certificate" or "certificates"), subject to the following:
(1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
purchased.
(2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
(3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates.
13. Commercial I Residential Ratio: The total free-market residential Net Livable Area
shall be no greater than one-hundred-fifty (150) percent the total Floor Area
associated with the uses described in Section 26.7l0.l80.D.I1.a.l located on the
same parcel.
Section 5:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Ordinance No. 11, Series of2007.
Page 12
Section 7:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 8:
A public hearing on the Ordinance shall be held on the 23rd day of April, 2007, at 5:00 p.m.
in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
Section 9:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9th day of April, 2007.
Attest:
tr::1/Ah~ ~u.uI?~J YJ.~v1 )
f" lKathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 15th day of May, 2007.
Attest:
J~ItL . ~U;~ 1 -,;{L-d--
r Kathryn S. Koch, City Clerk . -THj
Approved as to form:
~~L4%-
Ity Attorney
Ordinance No. 11, Series of2007.
Page 13