Change of Use / Land Use Review (Development Order) — Aspen, Colorado · Requirements sheet
Reviewed 2026-08-13 · Source: https://aspen.gov/DocumentCenter/View/1835/Land-Use-Application-Packet-
PermitBase is an independent reference and is not affiliated with any government agency. Requirements change and vary by project — confirm current details with the building department before you submit.
Change of Use / Land Use Review (Development Order) in Aspen, Colorado
Aspen has no standalone 'change of use permit' by that name. A change in use — for example, between commercial, residential, and lodging categories, or between IBC/zoning use groups such as Mercantile, Business, Assembly, Residential, or Storage — is instead addressed through the City's general Land Use Review / Development Application process under Title 26 (Land Use Regulations) of the Aspen Municipal Code, administered by the Planning & Zoning group of Community Development, and is genuinely distinct from the Title 10 building-code Certificate of Occupancy already documented in this file's residential- and commercial-building-permit entries. Depending on the specific use and zone district, it can require Growth Management Review (Chapter 26.470, GMQS), Conditional Use Review, or both, per a Planning determination made during a required Pre-Application Conference — not a fixed checklist box, since the Land Use Application's own 'Type of Application' form has no dedicated 'Change of Use' option.
Reviewed 2026-08-13 · Source
When you need this permit
- No standalone change-of-use permit, application, or checklist is published by the City of Aspen; this file's own commercial-tenant-improvement-permit entry independently confirms that a change of use (between Mercantile, Business, Assembly, Residential, or Storage/parking use groups, or more broadly between commercial, residential, and lodging categories) requires contacting the Planner of the Day and is treated as a Planning/zoning matter, not purely a Building Division one
- A change in use categorically disqualifies a project from Aspen's EPIC (Expedited Permits in Commercial Zones) fast-track program (already documented in this file's EPIC-related entries) — confirming that change-of-use review runs on its own, separate track from ordinary tenant-finish building permits
- The Land Use Application process (per the City's own Land Use Application Packet) requires, at minimum: a completed Land Use Application Form (project/applicant/representative info plus existing-conditions and proposal narratives); a Dimensional Requirements Form, which explicitly captures existing-vs-proposed Commercial Net Leasable square footage, Lodge Pillows, Lodge Units, and Residential/Free-Market/Affordable unit counts — the exact figures a change-of-use analysis turns on; a signed Agreement to Pay Application Fees; and an HOA Compliance Form
- The Land Use Application's own 'Type of Application' checklist has no dedicated 'Change of Use' box; the two most relevant categories on that checklist are 'Growth Management Review' (GMQS, Chapter 26.470 — Planning & Zoning Commission materials reviewed for this file confirm GMQS explicitly addresses changes between land use categories, e.g., commercial/lodge net leasable converting to residential) and 'Conditional Use Review' (for a proposed use that is conditional rather than permitted-by-right in the applicable zone district under Chapter 26.700, Zone Districts) — which one (or both) applies is a case-by-case Planning determination, not a bright-line rule in the checklist itself
- Applicants must first obtain a Pre-Application Conference Summary letter from the Planner of the Day (per Chapter 26.304) before submitting; the City's own Land Use Application Packet also strongly advises a preliminary consultation with the Zoning Officer, Building Department, Parks Department, and Engineering Department to confirm code compliance and avoid mid-review project changes
- If the specific application type requires a public hearing, notice must be published in a paper of general circulation, posted on the property, and mailed to all owners within 300 feet — each at least 15 days before the hearing — per Aspen Land Use Code Sec. 26.304.060(E); surface-development applications additionally require mineral estate owner notice at least 30 days before the initial hearing
- Fees follow the City's Land Use Review Fee Policy, adopted via Ordinance No. 40, Series of 2018 (as amended): either a flat fee for applications requiring minimal, predictable staff time, or a deposit against City of Aspen Community Development Department staff time billed at $325.00 per hour once the deposit is exhausted, plus separate cumulative flat referral fees (Engineering, Parks, APCHA, Other) as applicable — confirmed directly from the City's own Land Use Application Packet
- This Title 26 land-use-level Development Order process is distinct from the Title 10 building-code Certificate of Occupancy already documented in this file's residential-building-permit and commercial-building-permit entries (which sign off on construction quality before a building can be occupied); a single project involving both new construction and a genuine change of use can require both a land-use Development Order and a building permit/CO
- No City-published numeric Round-1 review-timeline SLA exists for land use / change-of-use applications, unlike the Building Permit Timelines page (aspen.gov/244), which explicitly covers only Building Division permit categories; the City's own Land Use Process & Resources page instead describes a multi-step sequential process (pre-application, completeness review, fee payment, case assignment and referral, public hearing if applicable, decision, recording, then building permit) without attaching a fixed day or week figure to any step
- Unpaid Land Use Review invoices carry real consequences: the Community Development Director may cease processing an application with an invoice 30+ days past due, may assess a 1.75%-per-month late fee at 90+ days past due, and the City will not accept a building permit for the same property until all Land Use Review invoices are paid in full — an already-issued building permit can even face cessation of processing or a stop-work order over an unpaid Land Use Review balance of 90+ days
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Fee schedule
Review timeline
Inspection process
- 1
Zoning/Land Use Compliance Review
Case planner and referral agencies (Zoning Officer, Engineering, Parks Department, etc.) review the application against Title 26 criteria; a public hearing before the Planning & Zoning Commission, Historic Preservation Commission, or City Council may be required depending on the specific application type
See the full Aspen inspection guide — scheduling & re-inspection fees →
Tips
- Don't confuse this Title 26 land-use-level Development Order process with the Title 10 building-code Certificate of Occupancy documented elsewhere in this file — a genuine change of use needs its own Development Order from Planning, separate from (and often required before) any building-permit sign-off, even when no construction is involved.
- Get your Pre-Application Conference Summary letter from the Planner of the Day before drafting anything else. It's the step that actually determines whether your specific use change needs Growth Management Review, Conditional Use Review, both, or neither — Aspen's own Land Use Application checklist has no dedicated 'change of use' box to select.
- Budget for hourly billing beyond the deposit: Aspen's land-use review fees are not flat for anything but the simplest applications. Community Development bills at $325/hour against the deposit, and an unpaid invoice can halt processing of the land-use case itself, or even block/stop-work a related building permit on the same property.
Frequently asked questions
Sources & verification
Key facts verified against official sources. Last reviewed 2026-08-13.
Fees, timelines, and adopted codes are researched from each jurisdiction's published records — see how we verify. Requirements change and vary by project, so always confirm the current details with the Aspen building department before you submit. PermitBase is an independent reference and is not affiliated with any government agency.
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