Zoning - Frequently Asked Questions
Question 1: How is FAR calculated in the City of Aspen?
Answer 1: The FAR measurement is taken from exterior wall to exterior wall. Elevators and interior stairwells are counted on all
levels; each stairwell is not to be double counted. Go to
Section 26.575.020(A) of the Land Use Code for further information.
Question 2: What is the garage exemption in the City?
Question 3: How is height calculated in the City of Aspen?
Question 4: What is my zoning?
Question 5: Where can I find additional information on my zoning (i.e. allowable FAR, height, allowed uses)?
Question 6: Does all the area of my lot count towards my FAR?
Question 7: Does the City have my existing FAR on record?
Answer 7: Probably not. Plans are disposed of once a permit has been issued a Certificate of Occupancy. Some records do exist in the building permit files, but it was not until 1995 that zoning worksheets were retained for FAR calculation documention. Further, as the Land Use Code has changed several times since 1995, old FAR calculations may not be accurate.
Question 8: Do I need a fence permit?
Question 9: What jurisdiction do the Moore PUD (a.k.a. Five Trees), Maroon Creek Club and Aspen Highlands Village fall under?
Answer 9: All three of these subdivisions are in the City of Aspen BUT things such as calculating FAR, height, etc. are subject to a Planned Unit Development (PUD) guide, which is based on the Pitkin County Land Use Code. All questions, enforcement issues and other items are administered through the City of Aspen.
Question 10: There is a new building going up near my home, which will block my view. What can I do about it?
Answer 10: Probably nothing. The City of Aspen does not designate view planes from private properties and as long as the building is within the height limits as required per the Land Use Code there is no violation. The only places that have preserved view planes of Aspen Mountain are Glory Hole Park, Wagner Park, Cooper Avenue, Court House, Wheeler Opera House and Main Street.
Question 11: How do I submit a zoning complaint?
Answer 11: Call the City of Aspen Zoning Officer at (970) 920-5441. The Zoning Officer responds to issues such as sign code violations, the construction of sheds and fences without a permit and lighting code violations. The Zoning Officer DOES NOT have jurisdiction over things such as junk on private property (Police Department), encroachment into the public right-of-way (Engineering Department) or construction noise and hours (Environmental Health Department).
Question 12: I have a neighbor who keeps his lights on all night. Can my neighbor do that?
Answer 12: Yes. There is nothing in the code which requires exterior lighting be turned off at a certain time. But, the code does have certain requirements intended to keep lighting levels low and non-invasive to neighboring properties. So, your neighbor may be in violation and a complaint can be submitted as described in Question 11.
Question 13: What are the regulations on Christmas lighting?
Answer 13: Christmas lights may be illuminated from November 15 to March 1, and must be shut off for the rest of the year.
Question 14: What are the regulations regarding signs within the City?