HomeMy WebLinkAboutpitkin.boa.92.38~~
PITRIN COONTY
BOARD OF ADJIISTMENT
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APPLICANT //IgNK- ~N~1 //lYY/IG{,i ~e~jL
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CASE # ~Zr~~ U
PHONE ~2"/ ~'3(~ 0 393`1
MAILING/fA~DDRE/SS /. ~. ,:C.. ~~~1'J GD ~ J(j ('L
OWNER 1__CB li icy ~% ul ~ ~~1~/~ I PH NE t!~
MAILING ADDRESS /Y1iL/A~/
LOCATION OF PROPERTY J--~~~ I/UD(-F~v~ OG1L~U.i~/1~0/~
Any pertinent data must accompany this application,- and will be
made pert of this Case. The Board may return this application if
it does not contain all the facts in question.
Applicant Signature
(To be completed by the Zoninq Department)
Square Feet where a maximum of sq. ft. is allowed.
~/~ ' Front Yard Setback Variance, where ~ ' is required.
Rear Yard Setback Variance, where ' is required.
' Side Yard Setback Variance, where ' is required.
Side Yard Setback Variance, where ' is required.
' Height Variance, where ' is required.
Provisions of the zoning resolution requiring the Zoning Official
to forward this application to the Board of Adjustment, and reasons
for not granting a building permit:
20 Zone District
Requesting: ~ Lot Size
Other:
Zoning Officia ~ ,~,~
Application filed 8 I d R2' Parce . ID No. ~ R I ( - / Z ~ _ bD- DDS
Date of Meeting °/ / q Z
Notices Mailed Z Secretary ~a-/~`l.Q ~ ~1~~
Refer Resolution to Building Department , _ i Yes ; _ ~ No
000001 ~' ~~
NOTICE OF PUBLIC HEARING TO ADJACENT PROPERTY OWNERS
BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE
VARIANCE DESCRIBED BELOW:
Pursuant to Pitkin County Resolution of June 5, 1955, as
amended, a Public Hearing will be held in City Council Chambers,
City Hall, First Floor, Aspen, Colorado (or at such other place as
the meeting may then be adjourned) to consider an application filed
with the said Board of Adjustment requesting authority for variance
from the provisions of the County Zoning Resolution.
All persons affected by the proposed variance are invited to
appear and state their views, protests or objections. If you
cannot appear personally at such meeting, then you are urged to
state your views by letter, particularly if you have objection to
such variance, as the Board of Adjustment will give serious
consideration to the opinions of surrounding property owners and
others affected in deciding whether to grant or deny the request
for variance.
THE PARTICULARS OF THE HEARING AND OF THE REQUESTED VARIANCE ARE
AS FOLLOWS:
Date and time of meeting:
owner:
Name and Address of
Applicant:
Property Location or
Description:
September 1, 1992 at 5:15 p.m.
Commissioner's Meeting Room,
Pitkin County Courthouse
Mark and Linda Bedell
Mark and Linda Bedell
P.O. Box 9305
Aspen, CO 81612
Lot 4, Wolfson Subdivision
Woody Creek
Requesting approval for a 50 foot front yard setback variance,
where 100 feet is required in the RS-20 zone district, for
construction of a single-family residence. Approval of this
variance would allow the proposed residence to be 50 feet from the
front yard property line.
VARIANCES GREATER OR LESS THAN REQUESTED COULD BE GRANTED.
Duration of Variance: Temporary Permanent X
THE PITKIN COUNTY BOARD OF ADJUSTMENT
~~~~ ~Ue~-~i
Suzanne L. Wol , Secretary
0~~~~~~7
C~
August 7, 1992
Mark and Linda Bedell
P.O. Box 9305
Aspen, Colorado 81612
Pitkin County Planning and Zoning Department
Aspen, Colorado 81611
Sirs:
•
We are requesting a variance in our front yard setback from 100' to 50'. We are requesting
this change for the following reasons:
1. The subject site is part of the Wolfson Subdivision that was approved, platted and
recorded by the B.O.C.C. in 1967 in compliance with all applicable county zoning and
subdivision regulations in effect at the time. Subsequently the County downzoned the
property in the early 1970', creating a legal, non-conforming lot of record. The
County's actions created a hardship for us and makes it impractical to comply with
setback requirements for twenty (20) acre lots when ours is only four (4) acres.
2. Due to the way the topography steps on the site we are able to take advantage of flat
area that the existing house sits upon. The slope below this area would require more
grade change within the structure and greater site disturbance of rich bottomland
topsoil. in addition, moving the structure farther downslope will increase on of the
existing driveway grades to over 12%.
3. We would like to maximize solar gain. By keeping the house near the top of the site
we are able to maximize the length of solar exposure during the winter months. A ridge
that parallels the creek impacts solar exposure to the lower portion of the site in the
winter.
4. Driveways would remain the same and the existing building area would remain the
same. This would minimize site disturbance.
Thanking you in advance for your attention to this matter,
Mark N/. Bedell, Applicant
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September 23, 1992
Ms. Joanna Schaffner
Pitkin County Planning Department
Pitkin County, Colorado
Dear Joanna,
~~, . .
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I would like to be placed on the agenda for the October meeting of the Board of Adjustment for
reconsideration of my set back variance that was tabled last month. I am including the proposed
set back chart that is part of the new land use code. This sliding scale was developed initially by
Evan Gull. Also, I am including a memo from Francis Krizmanich concerning the public hearing
that was held regarding these set bads changes.
Res ectfully submitted,
ark Bedell
MB/mck
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Aspen, G
(303)
LAND USE APPLICATION FEES
CfTY:
-63250.134 GMP/Conceptual
-63270.136 GMP/Final
-63280.137 SUB/Conceptual
-63300.139 SUB/Final
-63310-140 All-2 Step Applications
-63320-141 All 1 Ste
P Applications
-63330-150 Staff Approval
-63432-157 Zoning Plan Check
'63432-157 Sign Permit
-00100-00000-31070 Use Tox for Sign Permits
HISTORIC PRESERVATION:
-63335-151 Exemption
-63336-152 Minor
-63337-153 Major Devel.
-63338-154 Signif. Devel.
-63339-155 Demolition
COUNTY:
-63160.126 GMP/General
-63170-127 GMP/Detailed
-63180-128 GMP/Final
-63190.129 SUB/General
-63200.130 SUB/Detailed
-63210.131 SUB/Final
-63220.132 All 2 Ste
P Applications
-63230.133 All 1 Step Applications
-63240.149 Staff Approval
-63450.146 Board of Adjustment
-63235-148 Zoning Plan Check
REFERRAL FEES:
-63360-143
00115 -63340-163 Engineering -County
00123 -63340-190 Engineering-City
Housing
00125 -63340-205 Environmental Health
PLANNING OFFICE SALES:
-63080-122 County Code
-69000-145 Other (Copy Fees)
TOTAL
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Phone: 7 ~- r- // ~/ (~
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Date: ! No of Copies: -~.
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#350831 11/li/9< 1~i:56 Rec 4.~7~1 Bt: 694 F'G 645
Silvia Davis, Pitkin Cnty Clerk:, Doc ~.CJO
RESOLUTION OF THE PITRIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING SETBACK RELIEF FOR MARK AND LINDA BEDELL
RESOLUTION NO. 92-38
WHEREAS, Mark and Linda Bedell, owners of Lot 4, Wolfson
Subdivision, request approval for a 50 foot front yard setback
variance for construction of a single-family residence; and
WHEREAS, a 100 foot front yard setback variance is required in the
RS-20 zone district; and
WHEREAS, the subject property is within the unincorporated area of
Pitkin County, Colorado, (as described in Exhibit "A", attached);
and,
WHEREAS, the Board of Adjustment is vested with the power to grant
or deny such variances by virtue of Title II, Section 16-1.3,
Pitkin County Code (Land Use Code) and Colorado Revised Statutes,
1973, 30-28-118(2) (C); and,
WHEREAS, based on the evidence presented, the Board of Adjustment
makes the following findings:
1. Proper notice procedures, including the
notification of all adjoining property owners,
has been shown by the applicant.
2. The required hardship or practical difficulty
has been established.
3. Granting such relief will not cause substan-
tial detriment to the public welfare and will
not substantially impair the intent and
purpose of the Zoning Resolutions and the
zoning maps.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment, that a
25 foot front yard setback variance be granted for construction of
a single-family residence, due to downzoning, as depicted on the
revised plans (Exhibit B).
WARNING: Any violation of the terms of this resolution may
result in rehearing and possible revocation.
ODUUU9
#35iU83i-il/17/9~ i~>:.°ib Fec $. 00 B!C 694 P6 646
Silvia Davis, Pitkin Cnty Clerk, Doc $.Ocj
Resolution No. 92-~
Page 2
The Resolution was adopted by vote of the Board of Adjustment of
the County of Pitkin, State of Colorado.
DATED: October 6, 1992 The Board of Adjustment of
Pitkin County, Colorado
ATTEST:
~~- ~ W~~
Suza ne L. Wolff, cretary
000010
#359831 it/li/9~ 19:56 Rec $.UC~ BK 694 P6 647
Silvia Davis, Pitkin Cnty Clerk., Doc $.UU
EXHIBIT "A"
Legal Description
for property owned by
MARR AND LINDA BEDELL
Lot 4
Wolfson Subdivision
Pitkin County, Colorado
000011
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NOTICE OF PUBLIC HEARING BEFORE THE PITIGN COUNTY BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING VARIANCE
DESCRIBED BELOW:
Pursuant to Pitkin County Zoning Resolution of June 5, 1955, as amended, a Public Hearing will be
held in the District Courtroom, Pitkin County Court House, Aspen, Colorado, (or at such other place as the
meeting may then be adjourned) to consider an application filed with the said Board of Adjustment requesting
authority for variance from the provisions of the County caning Resolution.
All persons affected by the proposed variance are invited to appeaz and state their views, protests, or
objections. If you cannot appeaz personally at such meeting, then you are urged to state your views by letter,
particulazly if you have objection to such vanance, as the Boazd of Adjustment will give serious consideration
to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the
request for variance. A VARIANCE GREATER THAN OR LESS THAN THAT REQUESTED COULD
BE GRANTED. '
DATE AND TIME OF MEETING: Tuesday, September 1, 1992; 5:15 P.M.
Commissioners Meeting Room, Courthouse
Raymond Woodrow: requesting approval fora 65' front yazd setback variance where 100' is required in the
RS-30 zone district, for construction of a ranch gate. Property Locafion: 5980 Snowmass Creek Road.
Mark and Linda Bedell: requesting approval fora 50' front yard setback variance where 100' is required
in the RS-20 zone district, for construction of asingle-family residence. Property Location: Lot 4, Wolfson
Subdivision.
Mark Dodds: requesting approval for a 60' front yard setback variance where 100' is required in the RS-
30 zone district, for construction of asingle-family residence. Property Location: 8880 Highway 133.
Justine Kirk: requesting approval fora 5' SE side yazd setback variance, where IS feet is required in the
R-30 zone district, and an 800 square foot increase in floor azea, where a maximum of 3,372 square feet is
allowed, for an addition to an existing single-family residence. Property Location: Lot 14, Block 2, Pitldn
Green Subdivision.
D. Chris Trautner•, requesting approval for a S NW side yard setback variance, where 10' is required in
the SR zone district, for an 8' x 16' entry and storage addition. Property Location: #5 Lazy Glen Mobile
Home Pazk.
Bernard Rogers: requesting approval fora 25' front yazd setback variance where 100' is required in the
AF-1 zone district, for construction of an accessory structure. Property Location: 118 Woods Road.
Submitted to the Aspen Times on August 18, 1992.
To Be Published in the Aspen Times August 21, 1992.
County PO #54322
~0~~~~
L
Minutes
~J
Pitkin County
Board of Adjustment
October 6, 1992
Members Present:
Rick Neiley, Chairman
John Wheeler
Evan Gull
Stan Mathis
Ted Guy
Michael Cooper
Rod Dyer
Staff:
Joanna Schaffner, Zoning Enforcement
Neiley opened the meeting at 5:20 p.m. and introduced the Board to
those present.
Stan Mathis submitted his resignation to the Board, effective
immediately, in light of the discussion of the conflict of interest
policy with the Board of County Commissioners at a worksession
earlier today.
Schaffner asked if the Board would like to reschedule the meeting
on November 3 because that is election day. The Board decided to
keep the regularly scheduled meeting date.
This case was tabled at the last meeting.
Joanna Schaffner addressed the Board, stating that Justine Kirk
has requested that this case be tabled to November 3, 1992. Gull
moved to table Case #92-35 at the applicant's request. Guy
seconded the motion, and all were in favor.
~.a oc ~-va-moo. innrx ana Linaa tSeae
This case was tabled at the last
Mark Bedell was present to request a 50 foot front yard setback
variance, where 100 feet is required in the RS-20 zone district,
for construction of a single-family residence.
Bedell summarized his comments from the October 6 meeting. Minutes
of this meeting are on file in the Zoning Office.
Glenn Horn was present to discuss the proposed changes to the Land
Use Code that Bedell brought up at the previous meeting. Horn
worked under contract with the County to develop new setbacks in
response to the increased caseload for the Board and the staff that
was created by downzoning. The idea for the new setbacks was to
come up with a sliding scale for substandard size lots. A chart
was developed in which lots of less than 3 acres would require a
1
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30 foot front yard setback, and lots of 3 to 10 acres would require
a 50 foot front yard setback. Horn noted that the staff was not
directed to make any changes in the chart after the first reading
and public hearings, but that the staff does not yet know when the
new code will be adopted. Horn stated that he had discussed the
proposed changes with Bedell, and was therefore an influence in
Bedell's request for the 50 foot front yard setback.
Neiley stated that the problem at the last meeting was with the
size of the setback requested. He noted that in considering
substandard size lots, the Board traditionally tries to use the
setbacks from the closest conforming zone district. Guy noted at
the last meeting that the AF-2 zone, which requires a 75 foot front
yard setback, is the closest conforming zone.
Bedell stated that Francis Krizmanich, the Zoning Department staff
member responsible for the revision of the County Code, feels-that
the sliding scale works better than using setbacks from a zone with
a similar lot size.
Wheeler stated that the case was tabled at the last meeting in
hopes that the new Code would be closer to adoption, but this does
not seem to be the case. Gull agreed, noting that the new Code has
been in the works for years, and that he was not comfortable
finding a hardship based on intended legislation. Wheeler also
noted that the topography allows the house to be sited in other
areas.
Neiley noted that he was having a problem finding the hardship
necessary to grant a 50 foot variance, without deviating from the
purposes and intents of the Code.
There was no public comment.
Neiley moved to grant a 50 foot front yard setback variance due to
downzoning and existence of prior house and building area
relatively close to the area in which the applicant wishes to build
a new home. The motion was not seconded.
Cooper asked if this case is unique based on the proposal to move
the existing accessory building farther from the property line,
while constructing the new principal structure closer to the
property line. Guy did not feel that reason made the case unique.
Guy moved to grant a 25 foot front yard setback variance due to
downzoning and the presence of an existing building area. Wheeler
seconded the motion, and all were in favor. Gull did not vote on
this case.
Case #92 39 D Chris Trautner #5 Lazy Glen Mobile Home Park
This case was tabled at the last meeting.
2
0®?f~1:.7
Chris Trautner was present to request a 5 foot NW side yard setback
variance, where l0 feet is required in the SR zone district, for
construction of an 8 foot by 16 foot entry and storage addition.
A deck previously existed in the space where he is proposing to
construct the new addition. The deck was removed when its
condition deteriorated.
Wheeler asked Schaffner to clarify the requirement for distance
between trailers, and she replied that a 10 foot separation is
required.
The Board discussed minor changes in the placement of the addition,
based on their concern to maintain 10 feet between trailers. Gull
stated that the required separation is related to safety.
There .was no public comment
Guy moved to grant a 6 foot NW side yard setback variance to permit
an 8 foot by 16 foot addition to an existing trailer, with the
condition that the addition be at least 10 feet from the neighbors
existing addition. Gull seconded the motion, and all were in
favor. Dyer did not vote on this case.
Richard Neal was present to request a 54 foot front yard setback
variance and a 12 foot east side yard setback variance, where 75
feet and 20 feet, respectively, are required in the AF-2 zone
district, for construction of a single family residence.
Neal noted that his lot is only 1/4 acre, and that the previous
residence on the lot was destroyed by a propane explosion.
Schaffner stated that the property has gone through a 1041 hazard
review for steep slopes and has an approved building envelope. She
also noted that the Neals owned the lot when it was downzoned, and
that there are severe topographical restrictions on the site.
There was no public comment.
Guy moved to grant a 54 foot front yard setback variance and a 12
foot east side yard setback variance, for construction of a single
family .residence, due to topographical hardship, downzoning, and
non-conforming lot size, as per the plans submitted. Neiley
seconded the motion and all were in favor. Wheeler did not vote
on this case.
Stan Mathis was present, representing Robert Magoon to request a
25 foot front yard setback variance, where 100 feet is required in
the AF-1 zone district for construction of a patio.
3
QQ~U~6
Mathis stated that a 20 foot front yard setback variance was
granted by the Board on May 5, 1992 for construction of a patio.
This new request would increase that variance by 5 feet. Due to
the slope down to an irrigation ditch, the portion of the patio
that was originally designed to be on-grade will have to be
constructed above-grade.
There was no public comment.
Gull moved to grant a 25 foot front yard setback variance for the
encroachment of the deck as shown on the plans submitted, due to
downzoning. Wheeler seconded the motion and all were in favor.
Guy did not vote on this case.
***************,t*************************************************
The September 1, 1992 minutes were approved as written.
The meeting was adjourned at 6:10 PM.
Respectfully submitted,
r~.%nc~.~ l~
Suza ne L. Wolff, retary
4
~D~E~~ 1
~ i
Minutes
Pitkin County
Board of Adjustment
September 1, 1992
Members Present:
Rick Neiley, Chairman
John Wheeler
Ted Guy
Michael Cooper
Members Absent:
Staff:
Evan Gull
Rod Dyer
Stan Mathis
Joanna Schaffner, Zoning Enforcement
Neiley opened the meeting at 5:20 p.m. and introduced the Board to-
those present.
Sunny Vann was present, representing Justine Kirk, to request a 5
foot SE side yard setback variance, where 15 feet is required in
the.R-30 zone district, and an 800 square foot increase in floor
area, where a maximum of 3,372 square feet is allowed for this lot,
for an addition to an existing residence.
Vann stated that a 40 foot easement straddles the common property
line, and functions as a driveway for the applicant's and five
other properties. As required by the County Code, surface
easements are subtracted from lot area to determine FAR. Thus, the
40 foot easement subtracted from the lot area (34,160 square feet)
reduces the maximum allowable floor area from 4,440 square feet to
3,370 square feet (a 1,070 square foot reduction), and encompasses
one fourth of lot. The current floor area of the house is 3,270
square feet, which leaves only 100 square feet for expansion. The
proposed addition would add a total of 900 square feet to the floor
area. The 5 foot side yard setback variance would allow for
enclosure and expansion of the front porch, and a new deck.
According to Vann, the encroachment should not impact the adjacent
owners, and since the FAR variance would not increase the bulk of
the house in relation to its lot, it, too, would not be detrimental
to the surrounding neighborhood. The five other owners who share
the driveway have all consented to the request.
Vann noted that if the easement was conveyed today, the County
standards would only require a 30 foot easement. The easement was
imposed at the time of subdivision, prior to construction of the
home, and was, therefore, inherited by the applicant. The
neighbors are not similarly encumbered.
Wheeler asked what the maximum allowable floor area would be if the
easement was 30 feet. Vann estimated that it would be less than
oooo~$
the 800 square feet requested, but more than is currently
permitted.
Schaffner noted three issues: (1) the plat indicates 5 adjacent
property owners, but only 4 were notified; (2) the reductio of the
easement for the purpose of calculating floor area is not unique
to this lot; (3) the deed in the file shows that the property was
conveyed in 1979, and the zoning regulations were in place prior
to that time.
Vann replied that the house was built in 1959, and platted in 1958,
in advance of those regulations. The deed was conveyed in 1979
from husband to wife. Vann stated that one property owner owns two
of the adjacent lots.
Vann stated that the house was built when no FAR restrictions were
in place, and that the adoption of FAR imposed- significant
restrictions on the size of the house that could be built on the
lot. Vann noted that the oversized easement imposes exceptional
practical difficulties on this lot, and that this hardship warrants
a deviation from a strict interpretation of the requirement that
all of that square footage be subtracted from the lot area. The
40 foot easement adversely affects this property as compared to
adjacent properties with regards to size. Vann noted that the
reason for subtracting the easement for FAR purposes is to provide
for future construction of a road, but the existing road adequately
services the lots.
Guy noted that he would be reluctant to grant an exception by
ignoring the platted easement, even though today the driveway would
be dedicated as a right-of-way set aside exclusively for access,
Vann stated that he could ask all the homeowners to amend the plat
and reduce the easement to 30 feet, but noted the difficulty
involved in re-platting. Guy noted that replatting would benefit
all of the owners because they all own land that does not count
towards FAR.
Guy stated that if the FAR variance was granted, nothing would then
preclude a future tear down and rebuild of the house using the new
FAR.
Schaffner stated that variances do not run with the lot, but with
a specific development plan. Guy agreed.
Neiley stated that he views the easement as a restriction, but does
not see the hardship in a 3,200 square foot house as opposed to a
4,000 square foot house. However, the easement does present a
unique condition not created by applicant. Neiley stated his
reluctance to change the requirements just because only a portion
of the easement is being used.
2
~~~n~.~
1
Guy noted that the width of the road could be increased in the
future to comply with the regulations of the State Forest Service
and the Sheriff's Department with respect to fire access.
Wheeler asked if the variance requested was based on the difference
between a 40 foot and a 30 foot easement, or based on the entire
encroachment of the easement on the applicant's property.
Vann responded that the request is based on something in between
the two. 900 square feet represents the applicant's practical need
for expansion. With no easement, the applicant would have an
additional 1,070 square feet of floor area, but is only asking for
an 800 square foot variance. If the easement was 30 feet (which
exceeds the County standards), the additional floor area available
would be less than the 800 square feet requested, probably closer
to 600 square feet. Vann stated that the applicant is willing to
compromise to attain any additional square footage above the ----
currently remaining 100 square feet.
Guy stated that the technical problem of possible insufficient
notice would prevent the Board from granting a variance without the
condition of renoticing the neighbors. He stated that he was
uncomfortable granting- a variance that would give credit for
anything less than the 40 foot easement. With only a quorum of the
Board present, he suggested granting the side yard setback variance
and tabling the FAR variance to allow the applicant to determine
the amount of additional floor area permitted if the right-of-way
was 30 feet.
Neiley stated that the side setback variance would be of no value
without the FAR variance. Vann agreed and stated that the
technical difficulty could be corrected.
Neiley noted that unique conditions could be found with respect to
the 30 foot easement as opposed to the 40 foot easement, but not
with respect to the road in place which is less than both.
Guy moved to table Case #92-35 to October 6, 1992, to correct the
notification and to provide the applicant the opportunity to
provide a corrected survey for a 30 foot easement and the resulting
square footage. Wheeler seconded the motion, and all were in
favor.
~.ase ~7~-sb. xavmond Woodrow 5980 Snowmass Creek Road
Raymond Woodrow was present to request a 65 foot front yard setback
variance, where 100 feet is required in the RS-30 zone district,
for a proposed ranch gate to replace an existing gate.
Woodrow presented the signatures of all of the neighbors he was
able to contact, none of whom object to the proposed variance. He
noted that he has a very narrow property of 10 acres.
3
000020
Schaffner stated that the ranch gate complies with the new
accessory height requirements, so the Board need only be concerned
with the setback of the gate.
Woodrow noted that the property is fenced 35 feet from the road.
There was no public comment.
Guy noted that the lot was non-conforming.
Neiley stated that the gate is part of the existing fence, and that
relocating the fence 100 feet from the road would be unreasonable.
Fences under 6 feet are not subject to building permit review.
Neiley moved to grant a 65 foot front yard setback variance for a
proposed ranch gate on the grounds of practical difficulty, in
accordance with the plans submitted. Guy seconded the motion, and
all were in favor.
VQrIG JG J V ~.ua a v~ -
Mark Bedell was present to request a 50 foot front yard setback
variance, where 100 feet is required in the RS-20 zone, for
construction of a single-family residence.
Bedell noted that there are two existing structures on the site:
a barn and a trailer house that will be torn down. He would like
to build on the location of the existing house, which is within 87
feet of the property line. This location allows him to use the
flattest area of the site, which slopes off below the existing
house, and gives him the best solar access in winter. The County
downzoned the property with the RS-20 zoning, and created a
substandard lot. Bedell proposes to move the existing barn which
sits within 25 feet of the property line to a location within 50
feet of the front yard property line. He stated that the proposed
changes in the Land Use Code would adopt a 50 foot front yard
setback for a substandard lot in the RS-20 zone district.
Schaffner was not aware of that proposal, and informed the Board
that they could only rule on the existing code.
Guy noted that the closest conforming zone district would be
AF-2, which requires a 75 foot front yard setback.
Wheeler stated that a 75 foot front yard setback variance could be
granted based on downzoning, but that he did not see any extreme
topographical hardships that would justify an additional 25 feet
for the setback. Guy agreed.
There was no public comment.
Guy stated that the first public hearing on the new Code will occur
before the next Board meeting, and depending on the outcome of the
hearing, the Board might be more comfortable granting a variance
4
~~~~`~1
based on the new regulations.
Schaffner noted that the Board could approve a 75 foot variance
now, and Bedell could then come back to the Board to ask for a 50
foot variance, but that he could not make the same request to the
Board within a year.
Neiley asked Bedell if he would like to table the case to the
October 6, 1992, meeting, and Bedell stated that he would. Neiley
moved to table Case #92-38 to October 6, 1992. Guy seconded the
motion, and all were in favor.
Joanna Schaffner addressed the Board, stating that Chris-Trautner
has requested that this case be tabled to October 6, 1992. Guy
moved to table Case #92-39 at the applicant's request. Neiley
seconded the motion, and all were in favor.
Case #92-49. Mark Dodds 8880 Highway 133
Mark Dodds was present to request a 60 foot front yard setback
variance, where 100 feet is required in the RS-30 zone district,
for construction of a single-family residence.
Dodds noted that the Carbondale city water line and the Bain-
Thomas ditch both run through his lot, creating great hardship in
finding room to build on the lot. His lot is 2 acres, and is only
22 feet wide and 34 feet long.
Schaffner stated that the property went through a Minor 1041 Hazard
Review in which wildlife and floodplain hazard areas were reviewed.
A building envelope outside the hazard areas was approved.
Guy noted that the lot shows definite topographical hardship.
Kenny Osier, a neighbor, noted that in 1972 Robert Sewell deeded
access and right-of-way to all existing roads in the subdivision
to the residents of the subdivision. Dodds' driveway is one of
those roads, and is the most commonly used road that joins with the
railroad bed. He asked if the other residents would still have
access to the railroad bed. Laurie Osier stated that they are not
against Dodds' building, but just want to know the impact of the
setback on' the access.
John Stickney, President of the Crystal Oaks Bridge Association,
stated his concern that the 30 foot right-of-way on Dodds' property
is very close to Dodds' building envelope. He noted that the
dedicated road, S. Bill Cxeek Road, is platted, but has not been
used. His concern is with access by the residents of the
subdivision.
Schaffner stated that the Board of Adjustment is not the proper
forum for this access issue, and that the Board can only decide
5
000022
whether or not a hardship is exhibited, which warrants a variance.
Neiley noted that the lot is entitled to a building envelope, and
that it does not directly impair any claimed access. Neiley stated
that this is a classic downzoning case.
Guy moved to grant a 60 foot front yard setback variance for a
proposed single-family residence, on the grounds of topographical
hardship and downzoning, as depicted on the plans submitted.
Neiley seconded the motion, and all were in favor.
Neiley referred the neighbors to the Open Space Board, which is..in
the process of studying and mapping the area.
****~*********************~*****,t********************************
The July 7, 1992 minutes were approved-as written.
Neiley stated that he had spoken with Jim True, who urged the Board
of Adjustment to set up a worksession with the Board of County
Commissioners to discuss the conflict of interest policy.
Schaffner will follow up.
The meeting was adjourned at 6:40
Respectfully submitted,
Suza ne L. Wolff, Secretary ic1 Neiley, Chairman
6
000023
/ N 4``
`A~>` , _~
\~'~ _ _ X992
~` -. _ j t
September 23, 1992
Ms. Joanna Schaffner
Pitkin County Planning Department
Pitkin County, Colorado
Dear Joanna,
I would like to be placed on the agenda for the October meeting of the Board of Adjustment for
reconsideration of my set back variance that was tabled last month. I am including the proposed
set back chart that is part of the new land use code. This sliding scale was developed initially by
Evan Gull. Also, I am including a memo from Francis Krizmanich concerning the public hearing
that was held regarding these set bads changes.
Res ectfully submittpe~d~~
ark Bedell
MB/mck
000024
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000025
AGENDA ITEM 6IIMMARY
TO: Board of County Commissioners
Special Public Hearing - August 26, 1991
THRU: Reid Haughey, County Manager
Amy Margerum, Planning Director
RE: Pitkin County Land Use Code
FROM: Francis X. Krizmanich, Planning Office
I88IIE8: This is the fifth public hearing for the revised Pitkin
County Land Use Code. At the July 29 meeting, the Board requested
that a proposed RS-500 zone be discussed as the first order of
business.
In reviewing the RS-160 zone versus a proposed RS-500 zone the
staff opinion is that only one of these zones should be retained.
The RS-160 zone district standards are attached. Sections 3-1506
and 3-1507 are also attached-these GMQS exemptions provide for the
creation of single-family residences exempt form growth management.
The main difference between the RS-160 zone and the 500 acre
exemption is that the 500 acre exemption does not require a
rezoning. The staff opinion is that the 500 acre exemption is
attractive to some developers because it does not require a
rezoning process. The staff opinion is that the proposed code
currently allows two options to develop large acreages exempt from
GMQS. If the Board desires to create an RS-500 zone, the staff
recommends that it replace the RS-160 zone district.
A sentence has been added to the beginning of Article 2, Policies,
which states "The following policies are guidelines. Where there
is a conflict between a policy and an adopted standard, the
standard shall supersede the policy." This wording was added in
response to discussions at the July 15th meeting.
The zone district
changes that have
Asterisks have been
and those that have
a line through them.
U zone district has
standards have been amended to include the
been discussed at the last two meetings.
added to show both the uses that were deleted
been added. The deleted uses are struck with
These changes are attached. The re-written
also been added.
Questions have arisen with regard to the applicability of the new
regulations to various types of on going development applications.
Rules of construction have also been discussed. The staff has
attached the Applicability and Rules of Construction sections from
the Aspen Land Use Code to assist in this discussion. The staff
opinion is that the City provisions are well drafted and can be
used for the County Code.
000026
3-312 RS-160 Planned IInit Development (PUD) Resource
A. Purpose: The intent of the RS-160 Planned Unit
Development (PUD) Resource Zone District is to protect
natural resources and agricultural uses while allowing
some very low density development.
B. Permitted Uses: The following uses are permitted as of
right in the RS-160 Planned Unit Development Resource
Zone District.
1. Single-Family Dwelling Unit
2. Moved to number 20 under Special Review Uses
3. Bus Stop
4. "--= Trails
5. Home Occupation
6. Agriculture Employee Dwelling IInit (agricultural
employee dwelling units permitted subject to
compliance with Section 3-1510)
7. Farm Buildings
8. Animal Production & Husbandry Services, Other Farm
& Agricultural IIses (not including commercial feed
lots)
9. Crop Production
l0. Accessory Buildings and IIses
C. Special Review Uses: The following uses are subject to
special review:
1. Camping Areas
2. Guest Ranch
3. Resort Cabins
4. Day Care Facilities/Nurseries
5. Schools/Universities
6. Church
7. Cemeteries
8. Outdoor Recreational Uses
9. Sewage Disposal/Areas Landfills, Water Plants
lo. Parks, Playgrounds, Playfields
11. Radio Transmitting Stations
12. Outdoor Amusement Facilities
13. Commercial Riding Stables
14. Bunk House for Ranch Employees
15. Commercial Firewood Splitting & Storage
16. Uses, Activities and Facilities Permitted by Special
Use (or other) Permit Issued by Federal Agencies
17. Logging (permitted subject to compliance with
Section 3-25).
18. Mineral Exploration/Mining, .Concrete Batch Plants
(mineral exploration and mining permitted subject
to compliance with Section 3-24)
Page 3 - 19 Revised 08/22/91
~~DU~~
* 19. Single Family Dwelling with more than Five (5)
Bedrooms
* 20. Caretaker Dwelling Unit (caretaker dwelling units
permitted subject to compliance with Section 3-
1511)
* 21. Satellite Reception Devices
D. dimensional Requirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the RS-160 Public Development Resource
Zone District.
1. Minimum Lot Area - 160 acres _
2. Minimum Lot Area Principal Use - 160 acres
3. Minimum Front Yard Setback - See Figure 3-1
4. Minimum Side Yard Setback - See Figure 3-1
5. Minimum Rear Yard Setback - See Figure 3-1
6. Minimum Lot Width - 400 feet
7. Maximum Height Principal Structures - 28 feet
8. Maximum Height Accessory Structures - 12 feet
Page 3 - 20
Revised 08/22/91
~Q~~~~
3-1506 One Single-family Dwelling IInit on each Lot Created
Pursuant to RS-160 Rezoning and Subdivision
The construction of one single-family dwelling unit on a lot
created pursuant to a RS-160 rezoning and subdivision is exempt
from GMQS subject to compliance with the standards in this
section. Refer to Sections 4-6 for the review procedure for a
GMQS Exemption and Section 5-5 for submission contents. Refer to
Section 4-6 for the procedure to obtain an RS-160 rezoning and
Section 5-5 for submission contents. Refer to Section 4-8 for
five-step review procedure for subdivision an_d Section 5-17 for
submission contents.
A. RS-160 Rezoning
To be eligible for the RS-160 GMQS exemption an
application for RS-160 rezoning must be submitted and
approved by the Board of County Commissioners.
B. County Subdivision and PUD Procedure
The subdivision of the parcel must be approved pursuant
to Pitkin County subdivision and Planned Unit
Development (PUD) procedures.
C. Deed Restriction Against Further Subdivision
The land must be deed restricted to preclude further
subdivision.
3-1507 One Single-family Dwelling Unit on a Lot larger than
Five Hundred (500) Acres in Size
The Construction of one single-family dwelling unit on a lot
larger than 500 acres in size is exempt from GMQS subject to
compliance with the standards in this section. Refer to Sections
4-5 and 5-5 for procedures and submission contents.
A. To be eligible for this GMQS exemption the subject site
must be rezoned to RS-500 and must be deed restricted
against further subdivision.
Page 3 - 148
Revised 08/22/91
000029
08/22/91 - DRAFT 3
ARTICLE 2
LAND IISE POLICIES
This article contains Pitkin County's land use policies. These
policies serve as basic guidelines for the formulation of the
County Land Use Regulations and the review of development
applications. The following policies are cuidelines.L Where there
Page 2 - 1
Revised 08/22/91
~D~~J~
08/22/91 - DRAFT 3
ARTICLE 3
LAND IISE STANDARDS
SECTION 3-1: GENERAL
This Article of the Code establishes land use standards.
SECTION 3-2: 88TABLISHMENT OF ZONE DISTRICTS AND TSE OFFICIAL
ZONING NAP
3-201 General
Land within Pitkin County is divided into the zone districts
specified in this section.
R-6 Residential
R-15 Residential
R-30 Residential
R-1 Residential
MHP Mobile Home Park
AH Affordable Housing
AFR-2 Agricultural/Forestry/Residential
~ AFR-10 Agricultural/Forestry/Residential
\ ~
~~~ AF-SKI Agricultural/Forestry/Ski
RS-20 PUD Planned Unit Development Resource
RS-30 PUD Planned Unit Development Resource
RS-160 PUD Planned IInit Development Resource
AR-1 Accommodations/Recreation
AR-2 Accommodations/Recreation
T Tourist
B-1 Business
B-2 Business
I Industrial
PUB Public
SO Scenic Overlay
SR Special Residential
* U Unclassified
Page 3 - 1 Revised 08/22/91
000031
3-202 Official Zone District Map
A. Establishment of Zoning Map
The boundaries of the zone districts established in this
section of the Code shall be depicted on the Pitkin
County Official Zoning Map incorporated herein by
reference. A copy of the Zoning Map shall be located in
the Planning Office at all times for inspection by the
general public.
B. Rezoning or Establishment of New Zone Districts
If amendments are made to the boundaries of the Zoning
Map pursuant to the procedures in the Code, such
amendments shall be entered on the Zoning Map promptly
after amendment.
C. Location of Official Zoning Map
The Official Zoning Map shall be located in the Planning
Office. In the event of a conflict between the Official
Zoning Map and a resolution of the Board of County
Commissioners amending the map, the resolution shall
prevail.
BECTION 3-3: INTENT OF ZONE DIBTRICTB, ALLOWED IISEB~ SPECIAL
REVIEW IISES AND DIMENSIONAL STANDARDS
3-301 General
The intent of each zone district is established in this section of
the Code and should be used as a basis for the evaluation of
rezoning applications and as a guide to the determination of
special review use applications.
3-302 R-6 Medium Density Residential
A. Purpose: The R-6, Medium Density Residential district,
is intended to provide areas for medium density, single-
family, residential dwelling units with customary
accessory uses on small lots. Duplex dwelling units may
be considered by special review. The district should
provide a comfortable, healthy, safe and pleasant
environment, sheltered from incompatible and disruptive
activities. The district is anticipated to be located
within unincorporated towns in Pitkin County.
Recreational and institutional uses customarily found
nearby residential uses are envisioned to be permitted
or special review uses.
Page 3 - 2
Revised 08/22/91
00003?
B. Permitted Uses: The following uses are permitted as of
right in the Medium Density Residential (R-6) Zone
District.
Single-Family Dwelling Unit
Now number 11 under Special Review Uses
1.
2.
3.
4.
5.
6.
7.
8.
9.
Golf Course
Bus Stop
Parks, Playgrounds,
*-'•-~vscic-Ski Trails
Home Occupations
Crop Production
Accessory Buildings
Playfields
and Uses
C. special Review Uses: The following uses are subject to
special review:
1.
2.
3.
4.
5.
6.
* ~--
Duplex Dwelling Units
Day Care Facilities/Nurseries
Schools/Universities
Church
outdoor Recreational uses
Outdoor Amusement Facilities
d~HEare2s
8. Uses, Activities and Facilities Permitted by Special
IIse (or other) Permit Issued by Federal Agencies
9. Logging (permitted subject to compliance with
Section 3-25).
* 10. Single-Family Dwelling with more than Five (5)
Bedrooms
* 11. Caretaker Dwelling IInit (caretaker dwelling units
permitted subject to compliance with Section 3-
1511)
* 12. Satellite Reception Devices
D. Dimensional Reauirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the Medium Density Residential (R-6) Zone
District.
Page 3 - 3
1. Minimum Lot Area - 6,000 sq. ft.
2. Minimum Lot Area Principal Use - 6,000 sq. ft.
3. Minimum Lot Area per Dwelling Unit - 6,000 sq. ft.
4. Minimum Usable Open Space per Dwelling Unit - 1,500
sq. ft.
5. Minimum Front Yard Setback - See Figure 3-1
6. Minimum Side Yard Setback - See Figure 3-1
7. Minimum Rear Yard Setback - See Figure 3-1
8. Minimum Lot Width - 60 feet
9. Maximum Height Principal Structures - 28 feet
10. Maximum Height Accessory Structures - 12 feet
Revised 08/22/91
000033
il. Maximum Floor Area Ratio - .30
3-303 R-15 Moderate Density Residential
A. Purpose: The R-15, Moderate Density Residential district
is intended to provide areas for moderate density,
single-family, residential dwelling units with customary
accessory uses. Duplex dwelling units may be considered
by special review. The district should provide a
comfortable, healthy, safe and pleasant environment,
sheltered from incompatible and disruptive activities.
The district is anticipated to be located adjacent to the
City of Aspen. Recreational and insti-tutional uses
customarily found nearby residential uses are envisioned
to be permitted or special review uses.
B. Permitted Uses: The following uses are permitted as of
right in the Moderate Density Residential (R-15) Zone
District.
*
Single-Family Dwelling Unit
Now number it under Special Review Uses
1.
2.
3.
4.
5.
6.
7.
8.
9.
Golf Course
Bus Stop
Parks, Playgrounds,
3lerd-ie-6k} Trails
Home Occupations
Crop Production
Accessory Buildings
Playfields
and Uses
C. Special Review Uses: The following uses are subject to
special review:
1.
2.
3.
4.
5.
6.
* ~-
Duplex Dwelling Units
Day Care Facilities/Nurseries
Schools/Universities
Church
Outdoor Recreational Uses
Outdoor Amusement Facilities
8. Uses, Activities and Facilities Permitted by Special
Use (or other) Permit Issued by Federal Agencies
9. Logging (permitted subject to compliance with
Section 3-25).
* 10. Single-Family Dwelling with more than Five (5)
Bedrooms
* 11. Caretaker Dwelling Unit (caretaker dwelling units
permitted subject to compliance with Section 3-
1511)
* 12. Satellite Reception Devices
Page 3 - 4
Revised 08/22/91
00003
D. Dimensional Requirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the Moderate Density Residential (R-15)
Zone District.
1. Minimum Lot Area - 15,000 sq. ft.
2. Minimum Lot Area Principal Use - 15,000 sq. ft.
3. Minimum Usable Open Space per Dwelling Unit - 3,000
sq. ft.
4. Minimum Front Yard Setback - See Figure 3-1
5. Minimum Side Yard Setback - See Fiqure 3-1
6. Minimum Rear Yard Setback - See Figure 3-1
7. Minimum Lot Width - 75 feet
8. Maximum Height Principal Structures - 28 feet
9. Maximum Height Accessory Structures - 12 feet
10. Maximum Floor Area Ratio - .16
3-304 R-30 Suburban Density Residential
A. Puraose: The R-30, Suburban Density Residential district
is intended to provide areas for suburban density,
single-family, residential dwelling units with customary
accessory uses. Duplex dwelling units may be considered
by special review. The district should provide a
comfortable, healthy, safe and pleasant environment,
sheltered from incompatible and disruptive activities.
The district is anticipated to be located in proximity
to the City of Aspen and the historic Redstone Townsite.
Recreational and institutional uses customarily found
nearby residential uses are envisioned to be permitted
or special review uses.
B. Permitted Uses: The following uses are permitted as of
right in the Suburban Density Residential (R-30) Zone
District.
Single-Family Dwelling Unit
Moved to number 11 under Special Review Uses
1.
2.
3.
4.
5.
6.
7.
8.
9.
Golf Course
Bus Stop
Parks, Playgrounds,
••--~.~',~ Trails
Home Occupations
Crop Production
Accessory Buildings
Playfields
and Uses
C. Special Review Uses: The following uses are subject to
special review:
1. Duplex Dwelling Units
2. Day Care Facilities/Nurseries
3. Schools/Universities
Page 3 - 5
Revised 08/22/91
000035
4. Church
5. Outdoor Recreational Uses
6. Outdoor Amusement Facilities
8. IIses,,Activities and Facilities Permitted by Special
IIse (or other) Permit Issued by Federal Agencies
9. Logging (permitted subject to compliance with
Section 3-25).
* 10. Single-Family Dwelling with more than Five (5)
Bedrooms
* 11. Caretaker Dwelling Unit (caretaker dwelling units
permitted subject to compliance with Section 3-
1511)
* 12. Satellite Reception Devices
D. Dimensional Reauirements: The .following dimensional
requirements shall apply to all permitted and special
review uses in the Suburban Density Residential (R-30)
Zone District.
1. Minimum Lot Area - 30,000 sq. ft.
2. Minimum Lot Area Principal Use - 30,000 sq. ft.
3. Minimum Usable Open Space per Dwelling Unit - 6,600
sq. ft.
4. Minimum Front Yard Setback - See Figure 3-1
5. Minimum Side Yard Setback - See Figure 3-1
6. Minimum Rear Yard Setback - See Figure 3-1
7. Minimum Lot Width - 100 feet
8. Maximum Height Principal Structure - 28 feet
9. Maximum Height Accessory Structure - 12 feet
10. Maximum Floor Area Ratio - .13
3-305 R-1 Residential
A. Purpose: The R-1 Residential district is intended to
provide areas for single-family dwelling units with
customary accessory uses. The district should provide
a comfortable, healthy, safe and pleasant environment,
sheltered from incompatible and disruptive activities.
The district is anticipated to be located on the fringe
of incorporated municipalities and unincorporated towns
in Pitkin County and should serve as a transitional zone
between urban/suburban densities and rural areas.
B. Permitted Uses: The following uses are permitted as of
right in the Residential (R-1) Zone District.
1. Single-Family Dwelling Unit
2. Now number 17 under Special Review Uses
3. Golf Course
4. Bus Stop
5. Parks, Playgrounds, Playfields
Page 3 - 6 Revised 08/22/91
~~Q~~~
6. Nel°~te~,rr Trails
7. Home Occupations
8. Crop Production
9. Accessory Buildings and Uses
C. Special Review Uses: The following uses are subject to
special review:
1. Duplex Dwelling Units
2. Nursing/Convalescent Homes
3. Day Care Facilities/Nurseries
4. Schools/Universities
5. Church
6. Outdoor Recreational Uses
7. Sewage Disposal/Areas Landfills, Water Plants
8. Radio Transmitting Stations
9. Outdoor Amusement Facilities
* 16-a--oasnc-`i8iv-s
11. Kennels & Veterinary Clinics
12. Commercial Riding Stables
13. Uses, Activities and Facilities Permitted by Special
Use (or other) Permit Issued by Federal Agencies
14. Logging (permitted subject to compliance with
Section 3-25).
15. Mineral ExplorationJMining, Concrete Batch Plants
(mineral exploration and mining permitted subject
to compliance with Section 3-24)
* 16. Single Family Dwelling with more than Five (5)
Bedrooms
* 17. Caretaker Dwelling Unit (caretaker dwelling units
permitted subject to compliance with Section 3-
1511)
* 18. Cemeteries
* 19. Satellite Reception Devices
D. Dimensional Requirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the Residential (R-1) Zone District.
1. Minimum Lot Area - 43,560 sq. ft.
2. Minimum Lot Area Principal Use - 43,560 sq. ft.
3. Minimum Front Yard Setback - See Figure 3-1
4. Minimum Side Yard Setback - See Figure 3-1
5. Minimum Rear Yard Setback - See Figure 3-1
6. Minimum Lot Width - 100 feet
7. Maximum Height Principal Structure - 28 feet
8. Maximum Height Accessory Structure - 12 feet
3-306 MHP Mobile Home Park
A. Purpose: The MHP, Mobile Home Park, district is intended
to provide areas for planned mobile home parks with
Page 3 - 7
Revised 08/22/91
OODU37
customary accessory uses. The district is designed to
provide income and price restricted affordable, detached
housing in a comfortable, healthy, and safe environment,
sheltered from incompatible and disruptive activities.
The district need not be located in proximity of
incorporated or unincorporated towns but should be
located on mass transit routes, in areas with minimal
impacts on surrounding areas and free of environmental
hazards.
B. Permitted Uses: The following uses are permitted as of
right in the Mobile Home Park (MHP) Zone District.
i. Single-Family Dwelling Unit
2. Mobile Homes (mobile homes permitted subject to
compliance with Section 3-26)
3. Caretaker Dwelling Unit (caretaker dwelling units
permitted subject to compliance with Section 3-
1511)
4. Golf Course
5. Sus Stop
6. Parks, Playgrounds, Playfields
* 7. "--~-~= Trails
8. Home Occupations
9. Crop Production
* 10. Accessory Buildings and Uses
C. Special Review Uses: The following uses are subject to
special review:
1. Day Care Facilities/Nurseries
2. Schools/Universities
3. Church
4. Outdoor Recreational Uses
5. Outdoor Amusement Facilities
6. Uses, Activities and Facilities Permitted by Special
IIse (or other) Permit Issued by Federal Agencies
* 7. Single Family Dwelling Unit with more than Five (5)
Bedrooms
* 8. Satellite Reception Devices
D. Dimensional Requirements: The dimensional requirements
which shall apply to all permitted and special review
uses in the Mobile Home Park (MHP) Zone District are
established in Figure 3-9, Section 3-26.
3-307 AH Affordable Housing
A. Purpose: The AH, Affordable Housing, district is
intended to provide land for the production of income
and price restricted housing of all types. ••~~
e~eeptieri-e€ a~ehile~T The district provides
Page 3 - 8
Revised 08/22/91
ODUU38
affordable housing opportunities for permanent residents
of Pitkin County in a comfortable, healthy and safe
location sheltered from incompatible and disruptive
activities. The district need not be located in
proximity to incorporated or unincorporated towns but
should be located in areas with minimal impacts on
surrounding areas, free of environmental hazards.
B. Permitted Uses: The following uses are permitted as of
right in the Affordable Housing (AH) Zone District.
* 1. Single-Family Affordable Dwelling Units
* 2. Duplex Affordable Dwelling Units
* 3. Multi-Family Affordable Dwelling Units
4. Mobile Homes (mobile homes permitted to subject to
compliance with Section 3-26)
5. Moved to number 5 under Special Review IIses
6. Day Care Facilities/Nurseries
7. Moved to number 6 under Special Review Uses
8. Golf Course
9. Bus Stop
10. Parks, Playgrounds, Playfields
* 11. 3lerd~6k~ Trails
12. Home occupations
13. Crop Production
C. Special Review Uses: The following uses are subject to
special review:
* 1. Moved to number 2 under Permitted Uses
2. Schools/Universities
3. Outdoor Recreational Uses
4. IIses, Activities and Facilities Permitted by Special
IIse (or other) Permit Issued by Federal Agencies
* 5. Caretaker Dwelling Unit (caretaker dwelling units
permitted subject to compliance with Section 3-
1511)
* 6. Churches
* 7. Satellite Reception Devices
D. Dimensional Requirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the Affordable Housing (AH) Zone District.
1. Minimum Lot Area - 6,000 sq. ft.
2. Minimum Lot Area Principal Use is dependent upon
the type of Affordable Housing:
a. Single Family Dwelling (SFD) - 3,000 sq. ft.
b. Duplex (DUP) - 3,000 sq. ft.
c. Multi-Family Studio (MF-ST) - 1,000 sq. ft.
Page 3 - 9
Revised 08/22/91
DDOQ3~
d. Multi-Family 1 Bedroom - 1,250 sq. ft.
e. Multi-Family 2 Bedroom - 2,000 sq. ft.
f. Multi-Family 3 Bedroom - 3,000 sq. ft.
3. Minimum Usable Open Space per Dwelling Unit - 1,200
sq. ft.
4. Minimum Front Yard Setback - 10 feet
5. Minimum Side Yard Setback - 10 feet
6. Minimum Rear Yard Setback - 10 feet
7. Minimum Lot Width - 30 feet
8. Maximum Height Principal Structure - 28 feet
9. Maximum Height Accessory Structure - 12 feet
10. Maximum Floor Area Ratio - .50
3-308 AFR-2 Agricultural/Forestry/Residential
A. Purpose: The AFR-2, Agricultural/Forestry/Residential
district, is intended to provide for a moderate density,
residential/agricultural transition zone for lands along
the valley floor located between the County's development
centers and its rural, open land area. The district is
also contains existing housing concentrations with
densities exceeding those in surrounding areas.
B. Permitted IIses: The following uses are permitted as of
right in the Agricultural/Forestry/Residential (AFR-2)
Zone District.
1. Single-Family Dwelling Unit
* 2. Moved to number 21 under Special Review Uses
* 3. Moved to number 22 under Special Review Uses
4. Golf Course
5. Bus Stop
6. Parks, Playgrounds, Playfields
* 7. ""--nvresc-^o'~iT Trails
8. Home Occupations
9. Agriculture Hnployee Dwelling Unit (agricultural
employee dwelling units permitted subject to
compliance with Section 3-1510)
10. Farm Buildings
11. Animal Production & Husbandry Services, Other Farm
and Agricultural Uses (not including commercial feed
lots)
12. Crop Production
* 13. Accessory Buildings and Uses
C. Special Review Uses: The following uses are subject to
special review:
1. Duplex Dwelling Units
2. Nursing/Convalescent Homes
3. Resort Cabins
Page 3 - 10 Revised 08/22/91
~~~~~0
4. Day Care Facilities/Nurseries
5. Schools/Universities
6. Hospital
7. Cemeteries
8. Outdoor Recreational Uses
9. Club Houses or Recreational Buildings
10. Sewage Disposal/Areas Landfills, Water Plants
il. Radio Transmitting Stations
12. Outdoor Amusement Facilities
k 43. ~.._,_ ,.__~..
14. Kennels & Veterinary Clinics
15. Commercial Riding Stables
16. Commercial Firewood Splitting & Storage
17. Uses, Activities and Facilities Permitted by Special
Use (or other) Permit Issued by Federal Agencies
i8. Logging (permitted subject to compliance with
Section 3-25).
19. Mineral Exploration/Mining, Concrete Batch Plants
(mineral exploration and mining permitted subject
to compliance with Section 3-24)
* 20. Single Family Dwelling with more than Five (5)
Bedrooms
* 21. Caretaker Dwelling Unit (caretaker dwelling units
permitted subject to compliance with Section 3-
1511)
* 22. Church
* 23. Satellite Reception Devices
D. nimensional Requirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the Agricultural/Forestry/Residential
(AFR-2) Zone District.
1.
2.
3.
4.
5.
6.
7.
8.
9.
Minimum Lot Area - 2 acres
Minimum Lot Area Principal Use - 2 acres
Minimum Front Yard Setback - See Figure 3-1
Minimum Side Yard Setback - See Figure 3-1
Minimum Rear Yard Setback - See Figure 3-1
Minimum Lot Width - 200 feet,
Maximum Height Principal Structures - 28 feet
Maximum Height Accessory Structures - 12 feet
Maximum Floor Area Ratio -
Lot SiEe Allowable Square Feet
Square Feet FAR of Floor Area
0- 25,000 .13 .13:1 Floor to Lot Area Ratio
up to a maximum of 3,250 sq.
ft. of floor area.
Page 3 - 11
25,001- 50,000 .09 3,250 sq. ft. of floor area,
plus 9 sq. ft. of floor area
Revised 08/22/91
0000/rl
for each additional 100 sq.
ft. in lot area up to a
maximum of 5,500 sq. ft. of
floor area.
50,001-100,000 .05 5,500 sq. ft. of floor area
plus 5 sq. ft. of floor area
for each additional 100 sq.
ft. in lot area up to a
maximum of 8,000 sg. ft. of
floor area.
100,000 + .O1 8,000 sq. ft. of floor area
plus 1 sq. ft. of floor area
for each additional 100 sq.
ft. in lot area.
3-309 AFR-10 Agricultural/Forestry/Residential
A. Purpose: The AFR-10, Agricultural/Forestry/Residential
district, is intended to maintain the rural character of
lands proximate to development centers and State Highways
by preserving agricultural operations wildlife habitat
and scenic quality while permitting low density, single-
family ~t dwelling units and customary accessory
uses.
B. Permitted IIses: The following uses are permitted as of
right in the Agricultural/Forestry/Residential (AFR-10)
Zone District.
1. Single-Family Dwelling Unit
* 2. Moved to number 20 under Special Review Uses
* 3. Moved to number 19 under special Review Uses
4. Golf Course
5. Bus Stop
6. Parks, Playgrounds, Playfields
* 7. -.~---5•m Trails
8. Home Occupations
9. Radio Transmitting Stations
10. Commercial Riding Stables
* 11. Moved to number 21 under Special Review Uses
12. Farm Buildings
13. Animal Production & Husbandry Services, Other Farm
and Agricultural Uses (not including commercial feed
lots)
14. Crop Production
* 15. Stands for the sale of agricultural products
produced on the premises
C. Special Review Uses: The following uses are subject to
special review:
Page 3 - 12 Revised 08/22/91
ODUU4?
1. Duplex Dwelling Units
2. Guest Ranch
3. Resort Cabins
4. Day Care Facilities/Nurseries
5. Schools/Universities
6. Cemeteries
7. Outdoor Recreational Uses
8. Sewage Disposal/Areas Landfills, Water Plants
9. Outdoor Amusement Facilities
* ie 7 Al.. T..~ -..L T.-~lL.'
T. ~YY
* iZ • T..-1. .-~..
13. Kennels & Veterinary Clinics
15. Commercial Firewood Splitting & Storage
16. Uses, Activities and Facilities Permitted by Special
IIse (or other) Permit Issued by Federal Agencies
17. Logging (permitted subject to compliance with
Section 3-25).
18. Mineral Exploration/Mining, Concrete Batch Plants
(mineral exploration and mining permitted subject
to compliance with Section 3-24)
* 19. Church
* 20. Caretaker Dwelling Unit (caretaker dwelling units
permitted subject to compliance with Section 3-
1511)
* 21. Agriculture Employee Dwelling Unit (agricultural
employee dwelling units permitted subject to
compliance with Section 3-1510)
* 22. Satellite Reception Devices
D. Dimensional Requirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the Agricultural/Forestry/Residential
(AFR-10) Zone District.
1. Minimum Lot Area - 10 acres
2. Minimum Lot Area Principal Use - 10 acres
* 3. Minimum Front Yard Setback - 'pro-ize c See
* 4. Minimum Side Yard Setback -ion= Figure
* 5. Minimum Rear Yard Setback - ~z 3-1
6. Minimum Lot Width - 300 feet
7. Maximum Height Principal Structures - 28 feet
8. Maximum Height Accessory Structures - 12 feet
3-310 AF-SRI Agricultural/Forestry/ski
A. Purpose: The AF-SKI, Agricultural/Forestry Ski dis-
trict is intended to provide locations for ski areas and
the orderly and efficient planning and review of ski
areas. The AF-SKI designation should be applied to lands
Page 3 - 13 Revised 08/22/91
ODUU43
which are used for downhill and cross-country skiing and
a variety of other uses permitted or approved by a
Federal or similar public agency, such as grazing,
hunting, and passive recreational uses. Development
activity on such lands shall be contingent upon the
adoption of a master plan. The AF-SKI desig-nation
should be applied only to ski areas which are consistent
with the Land Use Code policy for Develop-ment or
Expansion of Ski Areas (Refer to Section 2-5).
B. Permitted Uses: The following uses are permitted as of
right in the Agricultural/Forestry/Ski (AF-SKI) Zone
District.
1. Crop Production
* 2. Moved to number 2 under Special Review Uses
C. Special Review Uses: The following uses are subject to
special review:
1. Uses, Activities and Facilities Permitted by Special
Use (or other) Permit Issued by Federal Agencies
* 2. Logging (permitted subject to compliance with
Section 3-25)
* 3. Satellite Reception Devices
D. Master Plan Uses: The following uses are permitted as
uses allowed pursuant to the Master Plan in the
Agricultural/Forestry/Ski (AF-SKI) Zone District.
1. Alpine Ski Areas & Support Facilities
2. Nordic Ski Areas & Support Facilities
E. Dimensional Requirements: The dimensional requirements
permitted in the Agricultural/Forestry/Ski (AF-SKI) Zone
District are established by the Master Plan.
F. General Guide to Listing of Uses in AF-SKI Master Plan:
The outcome of the master plan review process will be a
detailed listing of uses and activities which are allowed
all year or during the traditional ski season, uses and
activities requiring further review prior to their
implementation, and others which are prohibited. As a
guide to the intent of the AF-SKI zone this section
contains a listing of uses for the AF-SKI zone.
I. Uses Allowed All Year
The uses which are anticipated to be allowed all
year may include:
a. Outdoor recreational uses and facilities set
in natural environmental conditions, including
Page 3 - 14
Revised 08/22/91
000044
but not limited to ski racing and organized
group events; playgrounds, and outdoor
environmental education areas; clubhouses or
recreation buildings (when used in conjunction
with outdoor recreational uses);
b. Communication transmission sites;
c. Ski lifts-construction of new lifts;
d. Water lines, compressed air lines, and other
such utilities required for the operation of
man-made snow-making machinery;
e. Vehicle and equipment maintenance and storage
shops;
f. Hunting, fishing and grazing; and
g. Housing for the employees of the ski area and
its support services.
II. IIses Allowed during the Traditional Ski Season
The uses anticipated to be allowed during the
traditional winter ski season may include the
following uses provided such uses are in direct
support of and of a scope necessary for the ski area
operation:
a. Day care schools and children's nurseries;
b. Ski schools;
c. Restaurants including indoor and outdoor eating
and drinking establishments;
d. Offices,
e. Places for the retailing of goods;
f. Automobile parking lots and garages;
g. Personal service outlets including ski repair
shops;
h. Public restrooms;
i. Ski lifts-operation of existing lifts;
j. Ski trails;
Page 3 - 15
Revised 08/22/91
ODUU45
k. Accessory buildings including, but not limited
to, ski patrol stations, warming huts, indoor
recreational facilities (including video games,
table games and movie houses containing less
than twenty-five [25] seats);
1. Ticket sales areas; and
m. Accessory uses to ski area operations not
otherwise specifically identified.
III. Uses Requiring Further Review
The uses anticipated to require further review may
include:
a. Site-specific snow-making proposals;
b. High-explosive storage caches;
c. Overnight cross-country accommodations
including huts and dormitories;
d. Uses not otherwise listed as allowed or
prohibited; and
e. Uses proposing development or the conduct of
Activities of Local and State Interest.
IV. Prohibited Uses:
a. Retail, office, restaurant or other commercial
activities which are not operating directly in
support of the operation of the ski area;
b. All dwelling or lodging uses (other than cross
country huts and dormitories and employee
housing); and
c. All other activities not directly in support
of and compatible with the operation of the
ski area. Seasonal approvals or prohibitions
and specific time constraints of certain uses
may be appropriate.
3-311 R8-20 aad R8-30 Planned IInit Development (PIID) Resouroe
A. Purpose: The intent of RS-20 PUD and RS-30 PUD districts
are identical except the RS-20 PUD Zone is intended for
land closer to urbanized areas. The zones are intended
to:
Page 3 - 16
Revised 08/22/91
DDU~/46
1. permit low density, 'single-family residential
development and customary accessory uses, while
recognizing natural hazards, wildlife areas, limited
utility service, roads or schools, and other
facilities may constitute a constraint precluding
the realization zoned density;
2. encourage an orderly development pattern minimizing
scattering of development in rural areas;
3. provide potential for the clustering of development
preserving open space and creating efficient utility
service for development;
4. preserve agricultural operations and environmental
resources;
5. maintain the rural lifestyle;
6. locate development outside of irrigated lands and
deer and elk habitat; and
7. protect cattle and wildlife by prohibiting dogs in
new subdivisions.
B. Permitted Uses: The following uses are permitted as of
right in the RS-20 and RS-30 Planned Unit Development
(PUD) Resource Zone District.
1. Single-Family Dwelling IInit
* 2. Moved to number 21 under Special Review Uses
3. Bus Stop
* 4. '~-i.vrazc-v;ci Trails
5. Home Occupation
* 6. Move to number 22 under Special Review Uses
7. Farm Buildings
8. Animal Production & Husbandry Services, Other Farm
& Agricultural Uses (not including commercial feed
lots)
9. Crop Production
* 10. Accessory Buildings and Uses
C. Special Review Uses: The following uses are subject to
special review:
1. Camping Areas
2. Guest Ranch
3. Resort Cabins
4. Day Care Facilities/Nurseries
5. Schools/Universities
6. Church
7. Cemeteries
Page 3 - 17
Revised 08/22/91
OOOt)~7
8. Golf Course
9. Outdoor Recreational Uses
10. Sewage Disposal/Areas Landfills, Water Plants
11. Parks, Playgrounds, Playfields
12. Radio Transmitting Stations
13. Outdoor Amusement Facilities
14. Commercial Riding Stables
15. Bunk House for Ranch Employees
16. Commercial Firewood Splitting & Storage
17. Uses, Activities and Facilities Permitted by Special
Use (or other) Permit Issued by Federal Agencies
18. Logging (permitted subject to compliance with
Section 3-25).
19. Mineral Exploration/Mining, Concrete Batch Plants
(mineral exploration and mining permitted subject
to compliance with Section 3-24)
* 20. Single Family Dwelling with more than Five (5)
Bedrooms
* 21. Caretaker Dwelling Unit (caretaker dwelling units
permitted subject to compliance with Section 3-
1511)
* 22. Agricultural Employee Dwelling Unit (agricultural
employee dwelling units permitted subject to
compliance with Section 3-1510)
* 23•. Satellite Reception Devices
D. Dimensional Requirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the:
RS-20 PUD Zone District:
1. Minimum Lot Area - 20 acres
2. Minimum Lot Area Principal Use - 20 acres
3. Minimum Front Yard Setback - See Figure 3-1
4. Minimum Side Yard Setback - See Figure 3-1
5. Minimum Rear Yard Setback - See Figure 3-1
6. Minimum Lot Width - 400 feet
7. Maximum Height Principal Structures - 28 feet
8. Maximum Height Accessory Structures - 12 feet
RS-30 PUD Zone District:
1. Minimum Lot Area - 30 acres
2. Minimum Lot Area Principal Use - 30 acres
3. Minimum Front Yard Setback - See Figure 3-1
4. Minimum Side Yard Setback - See Figure 3-1
5. Minimum Rear Yard Setback - See Figure 3-1
6. Minimum Lot Width - 400 feet
7. Maximum Height Principal Structures - 28 feet
8. Maximum Height Accessory Structures - 12 feet
Page 3 - 18
Revised 08/22/91
~~Q~'4~
3-312 R8-160 Planned IInit Development (PIID) Resource
A. Puroose: The intent of the RS-160 Planned Unit
Development (PUD) Resource Zone District is to protect
natural resources and agricultural uses while allowing
some very low density development.
B. Permitted Uses: The following uses are permitted as of
right in the RS-160 Planned Unit Development Resource
Zone District.
1. Single-Family Dwelling Unit
* 2. Moved to number 20 under Special Review Uses
3. Bus Stop
* 4. 3lerd3c-63~t Trails
5. Home Occupation
6. Agriculture Employee Dwelling IInit (agricultural
employee dwelling units permitted subject to
compliance with Section 3-1510)
7. Farm Buildings
8. Animal Production & Husbandry Services, Other Farm
& Agricultural Uses (not including commercial feed
lots)
9. Crop Production
10. Accessory Buildings and Uses
C. Special Review Uses: The following uses are subject to
special review:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Page 3 - 19
Camping Areas
Guest Ranch
Resort Cabins
Day Care Facilities/Nurseries
Schools/Universities
Church
Cemeteries
Outdoor Recreational IIses
Sewage Disposal/Areas Landfills, Water Plants
Parks, Playgrounds, Playfields
Radio Transmitting Stations
Outdoor Amusement Facilities
Commercial Riding Stables
Bunk House for Ranch Employees
Commercial Firewood Splitting & Storage
Uses, Activities and Facilities Permitted by Special
Use (or other) Permit Issued by Federal Agencies
Logging (permitted subject to compliance with
Section 3-25).
Mineral Exploration/Mining, Concrete Batch Plants
(mineral exploration and mining permitted subject
to compliance with Section 3-24)
Revised 08/22/91
000049
* 19. Single Family Dwelling with more than Five (5)
Bedrooms
* 20. Caretaker Dwelling Unit (caretaker dwelling units
permitted subject to compliance with Section 3-
1511)
* 21. Satellite Reception Devices
D. Dimensional Requirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the RS-160 Public Development Resource
Zone District.
1. Minimum Lot Area - 160 acres
2. Minimum Lot Area Principal Use - 160 acres
3. Minimum Front Yard Setback - See Figure 3-1
4. Minimum Side Yard Setback- See Figure 3-1
5. Minimum Rear Yard Setback - See Figure 3-1
6. Minimum Lot Width - 400 feet
7. Maximum Height Principal Structures - 28 feet
8. Maximum Height Accessory Structures - 12 feet
3-313 AR-1 Accommodations/Recreation
A. Purpose: The AR-1 (Accommodations/Recreation) district
is intended to provide for the renovation and
construction of new tourist accommodation dwelling units
at the base of downhill skiing areas.
B. Permitted Uses: The following uses are permitted as of
right in the Accommodations/Recreation (AR-1) Zone
District.
i. Single-Family Dwelling Unit
2. Duplex Dwelling Unit
3. Boarding/Rooming Houses
* 4. Moved to number 17 under Special Review Uses
5. Motels, Lodges, including Gift Shops, Newsstands
and Incidental Offices
6. Resort Cabins
7. Day Care Facilities/Nurseries
8. Bus Stop
9. Parks, Playgrounds, Playfields
* 10. 'T--~.~~=Trails
11. Home Occupations
12. Restaurants & Bars
13. Crop Production
C. Special Review Uses: The following uses are subject to
special review and may be permitted if found to be in
support of allowed principal uses:
1. Nursing/Convalescent Homes
Page 3 - 20 Revised 08/22/91
~~Q~~~
2. Dormitory Housing
3. Guest Ranch
4. schools/Universities
5. Outdoor Recreational Uses
6. Club Houses or Recreational Buildings
7. Personal Service Outlets, Limited to 3,000 square
feet per Business
8. Radio Transmitting Stations
9. Outdoor Amusement Facilities
li. Kennels & Veterinary Clinics _
12. Farm Buildings
13. Uses, Activities and Facilities Permitted-by Special
Use (or other) Permit Issued by Federal Agencies
14. Timesharing/Fractional Fees
15. Logging (permitted subject to compliance with
Section 3-25)
* 16. Single Family Dwelling with more than Five (5)
Bedrooms
* 17. Caretaker Dwelling Unit (caretaker dwelling units
permitted subject to compliance with Section 3-
1511)
* 18. Satellite Reception Devices
D. Dimensional Requirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the Accommodations Recreation (AR) Zone
District.
1. Minimum Lot Area - i acre
2. Minimum Lot Area per Dwelling Unit:
a. Hotel Motel Lodge (HML) - 1,600 sq. ft.
b. Dormitory (DRM) 6-8 persons - 2,000 sq. ft.
c. other - 1 acre
3. Minimum Usable Open Space per Dwelling Unit - 1,200
sq. ft.
4. Minimum Front Yard Setback - 75 feet
5. Minimum Side Yard Setback - 20 feet
6. Minimum Rear Yard Setback - 20 feet
• 7. Minimum Lot Width HML - 250 feet; Other - 100 feet
8. Maximum Height Principal Structures - 28 feet
9. Maximum Height Accessory Structures - 12 feet
10. Maximum Floor Area Ratio - .36
3-314 AR-2 Accommodations/Recreation
A. Purpose: The AR-2 (Accommodations/Recreation) district
is intended to provide for resident and tourist housing
nearby to skiing and other recreation areas.
Page 3 - 21
Revised 08/22/91
000051
B. Permitted Uses: The following uses are permitted as of
right in the Accommodations/Recreation (AR-2) Zone
District.
1. Single-Family Dwelling Unit
2. Duplex Dwelling Unit
3. Multi-Family Dwelling Unit
4. Boarding/Rooming Houses
5. Rest homes; convalescent homes, nursing homes and
retirement homes
*
1 - - L -d l -L -L l - -L
i
~,.,;Ta;,~n o;f„
~i~ee
* 7. ~l3V8~e Sc.ciooio-aia'v-~rivC-s`aic228
* 8 E~te~eltes leea~ed en a het e€ at least ~ aeres }n
s#~ee-~ri~ each be}~e~#ng s~t~tated a~ leas~3& €ee~
--__ --- r--rte--1 --......
9. Parks, Playgrounds, Playfields
10. Golf courses operated by a public agency or
neighborhood or homeowners association
11. Day care schools, children's nurseries, children's
homes
12. Outdoor recreational uses and facilities provided
they retain natural environmental conditions and no
outside equipment storage and no excessive noise,
odor, dust, vibration or nuisances exist
13. More than one use within an individual building when
the uses are complementary or provide places of
employment; provided that each use must be permitted
in the individual district by right or be approved
as a Special Review use
14. Accessory buildings and uses
15. Crop production, orchards, nurseries, flower
production and forest land; pasture and grazing land
16. Home occupations
17. Bus stop
* 18. Trails
C. Special Review Uses: The following uses are subject to
special review and may be permitted if found to be in
support of allowed principal uses:
1. Single-family Dwelling Units (more than 5 bedrooms)
2. Hotels, motels and lodges -- including newsstands,
gift shops and similar incidental uses conducted
entirely within the principal building and as
required to serve the principal facilities
3. Clubhouses or recreational buildings (if used in
conjunction with and accessory to permitted outdoor
recreational uses)
4. Restaurants
Page 3 - 22
Revised 08/22/91
ODUU52
5. Personal service outlets, including, but not limited
to: barber and beauty shops, shoe repair shops,
self-service laundries, travel agencies and photo
studios, provided all are part of a PUD ad shall not
exceed a gross floor area of 3,000 square feet
6. Places for the retailing of goods, provided the
stores are meant for the convenience of the
residents of the area in which located, not the
whole community, and provided all are part of a PUD;
convenience service outlets, e.g., drug, liquor
stores, etc., shall not exceed a gross floor area
of 3,000 square feet; retail goods outlets, e.g.,
supermarkets, sporting goods, hardware, apparel,
etc., shall not exceed a gross floor area of 12,000
square feet
7. Professional offices, if part of a PUD
8. Resort cabins
9. Uses, Activities and Facilities Permitted by a
Special Use (or other) Permit Issued by Federal
Agencies
10. Farm Buildings
11. All development in areas, or the conduct of
activities, of local and state interest unless
exempted by Section 3-400.3
12. Outdoor Amusement Facilities
13. Guest Ranch
14. Water Crossing and Diversion
15. Hospital
16. Community Health Facility
17. Fractional Fee and Timesharing
18. Satellite Radio Frequency Signal Reception and/or
Transmission Devices
* 19. Churches
* 20. Schools/Universities
* 21. Single Family Dwellings with more than Five (5)
Bedrooms
* 22. Satellite Reception Devices
D. Dimensional Recuirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the Accommodations/Recreation (AR-2) Zone
District.
1. Minimum Lot Area - Hotel/Motel/Lodge - 2 acres
All Other - 1 acre
2. Minimum Lot Area per Dwelling Unit:
a. Hotel Motel Lodge (HML) - 2,200 sq. ft.
b. Multi-Family (Unlimited) - 5,500 sq. ft.
c. Multi-Family (One Bedroom Limited) - 3,200 sq.
ft.
Page 3 - 23
Revised 08/22/91
~~~~C~
d. Multi-Family (Studio Limited)-2,500 sq. ft.
e. Other - 1 acre
3. Minimum Usable Open Space per Dwelling Unit - 1,200
sq. ft.
4. Minimum Front Yard Setback - 75 feet
5. Minimum Side Yard Setback - 20 feet
6. Minimum Rear Yard Setback - 20
7. Minimum Lot Width - 100 feet
8. Maximum Height Principal, Structures - 28 feet
9. Maximum Height Accessory Structures - 12 feet
10. Maximum Floor Area Ratio - .36
3-315 T Tourist
A. Purpose: The T (Tourist) district is intended to provide
for the renovation and construction of new tourist
accommodation facilities including traditional lodges and
apartments and to permit small retail outlets to serve
persons residing on the site.
B. Permitted Uses: The following uses are permitted as of
right in the Tourist (Tj Zone District.
1.
Single-Family Dwelling Unit
2.
3.
4.
5.
6.
Duplex Dwelling IInit
Multi-Family Dwelling Units
Boarding/Rooming Houses
Moved to number 16 under Special
Motels, Lodges, including Gift
and Incidental Offices
Resort Cabins
Timesharing/Fractional Fees
Day Care Facilities/Nurseries
Bus Stop
Parks, Playgrounds, Playfields
""-:.v:4"zc.--vn~'"i Trails
Home Occupations
Review Uses
Shops, Newsstands
Personal Service Outlets, Limited to 3,000 square
7.
8.
9.
10.
11.
12.
13.
14.
feet per Business
15. Restaurants 14-Bars
16. Crop Production
17. Logging (permitted subject to
Section 3-25)
18. Outdoor Recreational Uses
19. Accessory Buildings and Uses
compliance with
C. Special Review Uses: The following uses are subject to
special review and may be permitted if found to be in
support of allowed principal uses:
Page 3 - 24
Revised 08/22/91
000054
1. Nursing/Convalescent Homes
2. Dormitory Housing
3. Guest Ranch
4. Schools/Universities
5. Moved to number 18 under Permitted Uses
6. Club Houses or Recreational Buildings
7. Outdoor Amusement Facilities
8. Junk Yards
9. Farm Buildings
10. IIses, Activities and Facilities Permitted by Special
Use (or other) Permit Issued by Federal Agencies
11. Single Family Dwellings with more than Five (5)
Bedrooms
12. Automobile Parking Lots and Garages
13. Radio Transmitting Stations
14. Fractional Fee and Timesharing
15. Churches
16. Caretaker Dwelling Unit (caretaker dwelling units
permitted subject to compliance with Section 3-
1511)
17. Satellite Reception Devices
D. Dimensional Requirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the Tourist (T) Zone District.
1. Minimum Lot Area - 15,000 sq. ft.
2. Minimum Lot Area per Dwelling Unit:
a. MFL-UL - 4,400 sq. ft.
b. MF-OBL - 2,600 sq. ft.
c. MF-ST - 2,100 sq. ft.
d. HML - 1,750 sq. ft.
e. DRM 6-8 persons - 2,000 sq. ft.
f. Other - 15,000 sq. ft.
3. Minimum Usable Open Space per Dwelling Unit - 1,200
square feet '
4. Minimum Front Yard Setback - 30 feet
5. Minimum Side Yard Setback - 10 feet
6. Minimum Rear Yard Setback - 20 feet
7. Minimum Lot Width - 75 feet
8. Maximum Height Principal Structures - 28 feet
9. Maximum Height Accessory Structures - 12 feet
10. Maximum Floor Area Ratio - .53
3-316
B-i Business
A. Purpose: The B-1 (Business) district is intended to
provide for the establishment of commercial uses oriented
primarily to the local population and to permit customary
accessory uses, including high density, long-term
residential dwelling units.
Page 3 - 25
Revised 08/22/91
000055
B. Permitted Uses: The following uses are permitted as of
right in the Business (B-1) Zone District.
* 1. Employee Single Family Dwelling Units
2. Day Care Facilities/Nurseries
3. Medical/Dental Clinic
4. Essential Government Public Utility Uses, Facilities
& Services
5. Bus Stop
6. Parks, Playgrounds, Playfields
* 7. "-,.~k-i Trail
8. Financial Institutions
9. Home Occupations
10. Offices
il. Personal Service Outlets, Limited to 3,000 square
feet per Business
* 12. Places for Retailing of Goods; Structures &
Businesses Limited to 12,000 square feet of floor
area per building
13. General Services
14. Restaurants & Bars
15. Equipment Supplies & Contraction or Subcontraction
16. Kennels & Veterinary Clinics
17. Crop Production
* is. Churches
* 19. Accessory Buildings and Uses
* 20. Food Related Businesses
C. Special Review Uses: The following uses are subject to
special review:
1. Dormitory Housing
2. Schools/Universities
3. Outdoor Recreational Uses
4. Indoor Research Facilities
5. Radio Transmitting Stations
6. Commercial Automobile Parking Lots
* 7. 9~eeP Amusement ~'--~ and Entertainment
Establishments
8. Vehicle & Aircraft Related Business
9. Vehicle & Vehicle Accessory Dealers & Repairs
10. Uses, Activities and Facilities Permitted by Special
Use (or other) Permit Issued by Federal Agencies
11. Logging (permitted subject to compliance with
Section 3-25).
12. Mineral Exploration/Mining, Concrete Batch Plants
(mineral exploration and mining permitted subject
to compliance with Section 3-24)
13. Hotels, Motels, Lodges
* 14. -Single Family Dwellings with more than Five (5)
Bedrooms
Page 3 - 26 Revised 08/22/91
~~~~~6
* 15. Mortuaries and Funeral Chapels
* 16. Timesharing
* 17. Satellite Reception Devices
D. Dimensional Recuirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the Business (B-1) Zone District.
1. Minimum Lot Area for Multi-Family and Hotel/Motel
Lodge - 15,000 square feet
Minimum Lot Area for Other - 6,000 sq. ft.
2. Minimum Lot Area per Dwelling Unit:
a. Multi-Family Unlimited - 5,500 sq. ft.
b. Multi-Family One Bedroom - 3,200 sq. ft.
c. Multi-Family Studio - 2,500. sq. ft.
d. Hotel/Motel Lodge (Special Review) - 2,200 sq.
ft.
3. Minimum Usable Open Space per Dwelling IInit - 800
sq. ft.
4. Minimum Front Yard Setback - 30 feet
5. Minimum Side Yard Setback - l0 feet
6. Minimum Rear Yard Setback - 20 feet
7. Minimum Lot Width - 75 feet
8. Maximum Height Principal Structures - 28 feet
9. Maximum Height Accessory Structures - 12 feet
10. Maximum Floor Area Ratio - .53
3-317 B-2 Business
A. Purpose: The B-2 (Business) district is intended to
provide for the establishment of commercial and low-
intensity, non-polluting industrial uses which do not
require or generate high customer traffic volumes and to
permit customary accessory uses, including high density,
long-term residential dwelling units.
B. Permitted'Uses: The following uses are permitted as of
right in the Business (B-2) Zone District.
* 1. Single Family Dwelling Units
* 2. Multi-Family Dwelling Units
3. Day Care Facilities/Nurseries
4. Essential Government Public Utility Uses, Facilities
& Services
5. Bus Stop
6. Parks, Playgrounds, Playfields
* 7. "-~c~-Sk= Trails
8. Home Occupations
9. Offices Limited to 1,000 per Business
10. General Services
Page 3 - 27 Revised 08/22/91
11. Indoor Research Facilities
13. Restaurants & Bars
14. Equipment Supplies & Contraction or Subcontraction
15. Vehicle & Aircraft Related Business
16. Vehicle & Vehicle Accessory Dealers & Repairs
17. Crop Production
* 18. Food Related Business
* 19. Accessory Buildings and Uses
C. Special Review Uses: The following uses are subject to
special review:
1. Dormitory Housing
2. Schools/Universities
3. Outdoor Recreational Uses
* 4. ~t__ .,______~ .._ : : personal Service Outlets
5. Commercial Automobile Parking Lots
6. Outdoor Amusement Facilities
7. Uses, Activities and Facilities Permitted by Special
Use (or other) Permit Issued by Federal Agencies
8. Logging (permitted subject to compliance with
Section 3-25)
* 9. Single Family Dwellings with more than Five (5)
Bedrooms
* 10. Satellite Reception Devices
D. Dimensional Requirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the Business (B-2) Zone District.
1. Minimum Lot Area for Multi-Family - 15,000 sq. ft.
Minimum Lot Area for Other - 6,000 sq. ft.
2. Minimum Lot Area per Dwelling Unit:
a. Multi-Family Unlimited - 4,000 sq. ft.
b. Multi-Family One Bedroom - 3,200 sq. ft.
c. Multi-Family Studio - 2,500 sq. ft.
3.
4.
5.
6.
7.
8.
9.
10.
Page 3 - 28
Minimum Usable Open Space per Dwelling Unit - 1,200
sq. ft.
Minimum Front Yard Setback -~30 feet
Minimum Side Yard Setback - 10 feet
Minimum Rear Yard Setback - 10 feet
Minimum Lot Width - 50 feet
Maximum Height Principal Structures - 28 feet
Maximum Height Accessory Structures - 12 feet
Maximum Floor Area Ratio - .36
Revised 08/22/91
00005$
3-318 Z Industrial
A. Purpose: The I (Industrial) district is intended to
provide for the establishment of non-polluting
manufacturing and warehouse facilities and accessory
long-term residential dwelling units.
B. Permitted Uses: The following uses are permitted as of
right in the Industrial (I) Zone District.
* 1. Single Family Employee Dwelling Units
* 2. Multi-Family Employee Dwelling Units
3. Essential Government Public Utility Uses, Facilities
& Services
4. Bus Stop
5. Home Occupations
6. Vehicle & Vehicle Accessory Dealers & Repairs
7. Crop Production
* 8. Accessory Buildings and Uses
* 9. Parks, Playfields, Playgrounds
* 10. Indoor Research Facilities
C. ~ecial Review Uses: The following uses are subject to
special review:
1. Commercial Automobile Parking Lots
* 2. A~eer Amusement and Entertainment Facilities
4. Restaurants & Bars
5. Equipment Supplies and Contraction or Subcontraction
6. Vehicle & Aircraft Related Business
7. Junk Yards
H. Uses, Activities and Facilities Permitted by Special
Use (or other) Permit Issued by Federal Agencies
9. Logging (permitted subject to compliance with
Section 3-25).
10. Mineral Exploration/Mining, Concrete Batch Plants
(mineral exploration and mining permitted subject
to compliance with Section 3-24)
* 11. Single Family Dwellings with more than Five (5)
Bedrooms
* 12. Financial Institutions
* 13. Offices
* 14. Personal Service Outlets limited to 3,000 square
feet per business
* 15. Places for the retailing of goods. Structures and
businesses limited to 12,000 square feet of floor
area per building
* 16. Mortuaries
* 17. Outdoor Research Facilities
* 18. General Services
* 19. Satellite Reception Devices
Page 3 - 29 Revised 08/22/91
00UO59
D. Dimensional Requirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the Industrial (I) Zone District.
1. Minimum Lot Area for Multi-Family - 15,000 sq. ft.
Minimum Lot Area for Other - 6,000 sq. ft.
2. Minimum Lot Area per Dwelling Unit:
a. Multi-Family Unlimited (Special Review) - 5,500
sq. ft.
b. Multi-Family One Bedroom - 3,200 sq. ft.
c. Multi-Family Studio - 2,500 sq. ft.
3. Minimum Usable Open Space per Dwelling Unit - 1,200
sq. ft.
4. Minimum Front Yard Setback - 30 feet
5. Minimum Side Yard Setback - 10 feet
6. Minimum Rear Yard Setback - 10 feet
7. Minimum Lot Width - 50 feet
8. Maximum Height Principal Structures - 28 feet
9. Maximum Height Accessory Structures - 12 feet
10. Maximum Floor Area Ratio - .36
3-319 PUB Public
A. Puroose: The PUB (Public) district is intended to
provide for the development of public uses, facilities
and services for governmental, civic, educational,
humanitarian, health care and other non-profit, public
purposes consistent with County land use plans and
policies and to provide for related uses which are
customarily incidental or accessory to public uses.
Development activity in the zone should be based upon
the adoption of a master plan.
B. Permitted Uses: The following uses are permitted as of
right in the Public (PUB) Zone District.
- 1.
2.
3.
* 4.
* 5.
6.
7.
* 8.
* 9.
* 10.
Schools/Universities
Airport
Hospital
Bus Stop and Transit Facilities
~~ Trails
Home Occupations
Indoor Research Facilities
Moved to number 21 under Special Review
Moved to number 22 under Special Review
Moved to number 23 under Special Review
C. Special Review Uses:
special review:
Page 3 - 30
The following uses are subject to
Revised 08/22/91
D~~U6~
* 1. Single-Family Affordable Housing Dwelling Units for
employees of the Permitted Use
3. Multi-Family Dwelling Units
4. Nursing/Convalescent Homes
5. Dormitory Housing
6. Day Care Facilities/Nurseries
7. Medical/Dental Clinic
8. Cemeteries
9. Golf Course
10. Essential Government Public Utility Uses, Facilities
& Services
11. Club Houses or Recreational Buildings
12. Parks, Playgrounds, Playfields
13. Offices
* 14. Places for Retailing of Goods. Structures &
Businesses Limited to , uses that
support the permitted use
15. General Services
16. Other Research Facilities
17. Radio Transmitting Stations
18. Indoor Amusement Facilities
19. Equipment Supplies and Contraction or Subcontraction
20. Uses, Activities and Facilities Permitted by Special
Use (or other) Permit Issued by Federal Agencies
* 21. Mineral Exploration/Mining, Concrete Batch Plants
(mineral exploration and mining permitted subject
to compliance with Section 3-24)
* 22. Crop Production
* 23. Logging (permitted subject to compliance with
Section 3-25)
* 24. Satellite Reception Devices
D. Dimensional Recruirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the Public (PUB) Zone District.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Page 3 - 31
Minimum Lot Area - Special Review
Minimum Lot Area Principal Use - Special Review
Minimum Usable Open Space per Dwelling Unit -
Special Review
Minimum Front Yard Setback - 30 feet
Minimum Side Yard Setback - 10 feet
Minimum Rear Yard Setback - 10 feet
Minimum Lot Width - Special Review
Maximum Height Principal Structures - 28 feet
Maximum Height Accessory Structures - 12 feet
Maximum Floor Area Ratio - .50
Revised 08/22/91
00001
3-32o SO Scenic Overlay
* A. Purpose: The SO (Scenic Overlay) zone is an overlay zone
intended to establish a scenic resource area including
those lands proximate to and most visible from State
Highway 82, a~ Brush Creek Road, Capital Creek and
Snowmass Creek.
The purposes of
establishing the overlay are to steer development away
from the most highly visible sites on lands and to insure
that developments are designed to complement the natural
features within the highway corridors so as to obtain an
aesthetically pleasing, rural approach to Aspen and
Snowmass Village. The SO zone applies in addition to the
underlying zoning.
3-321 SR Special Residential
A. ose: The SR (Special Residential) district is
intended to provide for residential uses, including
mobile home parks.
B. Permitted Uses: The following uses are permitted as of
right in the Special Residential (SR) Zone District.
1. Single-Family Dwelling Unit (5 bedrooms or fewer)
2. Public elementary, junior and senior high schools;
located on a lot at least 10 acres in size with each
building situated at least 30 feet from all property
lines
3. Churches located on a lot of at least 2 acres in
size with each building situated at least 30 feet
from all property lines
4. Parks, Playgrounds, Playfields
5. Golf courses operated by a public agency or
neighborhood or homeowners association
6. Mobile homes and mobile home parks, subject to all
regulations regarding mobile homes
7. Accessory buildings and uses
8. Camping areas for tents and campers
9. Prefab homes, modular homes, assembly-room-size-
or-larger components requiring Building Code
exceptions
10. Crop production, orchards, nurseries, flower
production and forest land; pasture and grazing land
11. Home occupations
12. Bus stop
13. Solar energy collectors
C. _Special Review Uses: The following uses are subject to
special review:
Single-family Dwelling Units (more than 5 bedrooms)
Page 3 -~ 32
Revised 08/22/91
nn~~~~7
2. Day care schools, children's nurseries, children's
homes
3. outdoor recreational uses and facilities provided
they retain natural environmental conditions and no
outside equipment storage and no excessive noise,
odor, dust, vibration, or nuisances exist
4. Sewage disposal areas, land fills, water plants
5. Uses, Activities and Facilities Permitted by a
Special Use (or other) Permit Issued by Federal
Agencies
6. Junk Yards
7. Farm Buildings
8. All development in areas, or the conduct of
activities, of local and state interest unless
exempted by Section 3-400.3
9. Outdoor Amusement Facilities
10. Guest Ranch -
11. Hospital
12. Community Health Facility
13. Satellite Radio Frequency Signal Reception and/or
Transmission Devices
ID. Dimensional Requirements: The following dimensional
requirements shall apply to all permitted and special
review uses in the Special Residential (SR) Zone
District.
1. Minimum Lot Area - 15,000 sq. ft.
2. Minimum Lot Area Principal Use - 15,000 sq. ft.
3. Minimum Usable Open Space per Dwelling Unit - 3,000
sq. ft.
4. Minimum Front Yard Setback - 30 feet
5. Minimum Side Yard Setback - l0 feet
6. Minimum Rear Yard Setback - 10 feet
7. Minimum Lot Width - 75 feet
8. Maximum Height Principal Structures - 28 feet
9. Maximum Height Accessory Structures - 12 feet
10. Maximum Floor Aria Ratio - .36
3-322 II Unclassified
A. Purpose: The U,
properties in the
uses because of
and/or the lack of
they are located.
B. Permitted Uses:
Unclassified District, includes those
County which have not been rezoned for
their distance from developed areas
a land use plan for the areas in which
1. Any use heretofore lawfully established and in
existence as of the date of acceptance hereof.
Page 3 - 33
Revised 08/22/91
oooos3
2. Any use permitted by right in any AFR or RS
district.
3. By special review, any use permitted by Special
Review in any AFR or RS district.
SECTION 3-4: ALLOWED,
3-401 Applicability
AND SPECIAL REVIEW IISEB
Section 3-3 and Figure 3-2 establish the uses allowed by right,
and the uses allowed subject to special review. Notwithstanding
Section 3-3 and Figure 3-2, all uses require a development permit.
Those uses or activities not listed in Section 3-3 or Figure 3-2
are prohibited.
SECTION 3-5: DIMENSIONAL BTANDARDS
3-501 Applicability
Figure 3-2 establishes development dimensional standards. All
development must comply with the dimensional standards in this
Section 3-5 and Figure 3-1. ^`_-_=_ = ^__
3-502 Road Setbacks
The setbbacks in this section apply to land uses adjacent to roads
and supersede the setback standards in Section 3-2.
A. All principal structures and uses shall abide by the
following setbacks from roads:
I. Arterial highways - 200 feet;
II. Major Roads - 100 feet;
III. Collector Streets - 50 feet; and
IV. Local Streets - Refer to Figure 5-2.
B. In order to provide essential sight distance along roads
for vehicular traffic and pedestrians entering and
leaving such rights-of-way, no accessory structure or use
(including off-street parking, signs, and lights) shall
be allowed within the following distances from the
right-of-way. Access roads shall be allowed between the
right-of-way and the setbacks listed below:
I. Arterial highways - 100 feet;
Page 3 - 34
Revised 08/22/91
oooos/r
II. Major Roads - 50 feet;
III. Collector Streets - 25 feet;
IV. Local Streets - Refer to Figure 3-1.
* C. For purposes of determining minimum yard requirements,
the following road designations shall apply in Pitkin
County:
I. Arterial Highways: Highway 82 - West of Aspen
to County Line
II. Major Roads: Highway 82 - East of Aspen to
County Line; Castle Creek Road; Maroon Creek
Road; County Road 19 (Cemetery Lane); County
Road 133 (Crystal River Road); Brush Creek
Road; Owl Creek Road
III. Collector Streets: Woody Creek Road; Red
Mountain Road
IV. Local Streets: All roads in Pitkin County not
included in the above designations will be
considered local streets and subject only to
their appropriate zoning setbacks
3-503 Setbacks For Property With irregular Outlines
Whenever, due to irregular or unique property outlines or other
circumstances, more than one setback requirement could apply to
one property frontage, the most restrictive of the multiple
setbacks shall be used, so that the setback from the right-of-way
is maximized.
3-504 Stream Setbacks
A. Development is prohibited within a twenty foot (20')
strip of land measured horizontally from the mean
identifiable high water mark on each side of any river
stream or creek.
B. In all cases, the twenty-foot (20') requirement described
above shall be enforced as a minimum setback. A greater
setback, up to one hundred fifty feet (150'), may be
required when:
I. Slope equals or exceeds thirty percent (30~);
II. Highly erodible soils are present;
Page 3 - 35
Revised 08/22/91
~~~Q~~
III. The proposed use of the property presents a
special hazard to water quality (e.g., storage
or handling of hazardous or toxic material);
or
IV. Where the one hundred (100) year or inter-
mediate regional flood zone exceeds the minimum
setback requirement, its limits shall be
enforced as the minimum requirement.
V. When necessary to protect streamside
vegetation, wetlands, or riparian habitat.
The increased setbacks to be required in such cases shall
be determined during the review of the proposed
development activity. In appropriate cases, a setback
of greater than one hundred fifty feet (150') may be
required by the Board of County Commissioners in order
to protect the public health, safety and welfare.
C. The construction or maintenance of paved or gravel
trails, bridges, irrigation structures, flood control
devices and underground utilities may be placed in the
setback area if approved by the Planning Director
according to the standards in Section 3-8 and the
procedures in Section 4-4. Any approval shall require
a finding that there is no practical alternative location
outside of the setback area and that any disturbed areas
will be revegetated.
Page 3 - 36
Revised 08/22/91
000066
LAND USE REGULATIONS § 1-104
\ Se 1-10 Purp se.
\ t is the se this cha r to ~ blis a sta$dards regula ' ns an pr ores for
~ d to
vie and ap val a all propo ed de lopme of prdperty ' the ' y of pen,
p vide develo ent re 'ew pr that 'll be preh ive, onsiste t, an flicie tin
he ple entatio of the and o 'ectiv of the n a prehe ive P
order foster d p e publi ealth, ety, ort we are, an to ai the
h on ous, o erly, an pro ive deve went f the Ci of n, i 'the in nt o is
chap r at the evelop at pr sin the ity o pen efficie , in rms of a an
~expe ive, ' terms addr ing the h' tori archi oral, sthe ' , natur and
`p~blic cili impli bons o ropose develop nt, an equitab , in consis cY
wi salts fish re bons s, for rights pro o ers, an
ce 'deta n o e inte of th citize of the Ci of
S ifi ly romote ese p chapter bl' regal 'ons 'ch:
• vi ad oats lig and ope space d avoid due ce ntratio of po lation;
n ng 'on in th streets d vehi move nt;
• Avo tr ion dem ds that of satisfied;
• acili tea provisio of water, wage, Dols, p open ce an
a 'on, h i and they publ facilities
~ r • Pro w by main g th na watersh reven acceler-
ated 'o red off and ent a tion, and pollu-
tsi odu in stye ;
• vide c an by test g the na air sh and acing poll ts;
• Main~ain th nat al nic ri ws;
• tour~e inn vati i reside tial develop ent and r ewal meet the owing
de and f r ho g d p vide f efficient an attractiv of o n space;
• that o le h is co cted to ea ' local n ;
• at a per al is chiev between to 'st and res ential using;
• \Pe a m~re a ective 1 and a 'gher quali f site pl g; an
• Egtablis land use that are mpati a with surro 'ng coon ne 'cts.
.~
Sec. 1104. Applicability.
A. General applicability. No development of land in the City of Aspen shall be under-
taken without prior approval and issuance of a development order under the provisions of this
chapter and other applicable laws and regulations. Structures and uses e~risting aftei the
effective date of this chapter which are inconsistent with the provisions of this chapter shall
be permitted only as provided in Article 9 of this chapter. To the extent permitted by state and
' federal law, this chapter shall apply to all public bodies, districts, and agencies of the federal,
state, county, and city government.
1573
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4 1-104
B. Esoeptions.
ASPEN CODE
1. Approved building permit The provisions of this chapter and any amendments hereto
shall not affect the validity of any building permit lawfully issued and effective prior
to the effective date of this chapter, if the permit does not expire pursuant to the
Uniform Building Code. In the event a building permit expires, then all further
development shall be in conformance with the requirements of this chapter.
2. Approved final development order. The provisions of this chapter and any amend-
menu hereto shall not affect the validity of any final development order lawfully
issued and effective prior to the effective date of this chapter, provided that the final
development order does not expire pursuant to the provisions of the City of Aspen
zoning or subdivision regulations in effect immediately prior to the effective date of
this chapter. In the event a development order ezpires, then all further development
shall be in conformance with the requirements of this chapter.
S. Development applications and building permit applications. The provisions of this
chapter and any amendments hereto shall not affect the review of any development
application or building permit application lawfully submitted prior to the effective
date of this chapter pursuant to the provisions of the zoning or subdivision regula-
tions in effect immediately prior to the effective date of this chapter. Tf the develop-
ment application is approved, it shall remain in effect unless it expires pursuant to
the provisions of the zoning or subdivision reguhtions in effect immediately prior to ~ 1
the effective date of this chapter. la the event the development application is denied
or its approval expires, then all further development shall be in conformance with the
requirements of this chapter. )f the building permit application is denied or expires
pursuant to the Uniform Building Code, then all further development shall be in
conformance with the requirements of this chapter.
4. Amendment to final development order: The provisions of this chapter and any amend-
ments hereto shall not be applied to any proposed minor amendment to a final
development order approved under the prior zoning or subdivision regulations. The
proposed minor amendment shall be reviewed pursuant to the zoning or subdivision
regulations in effect immediately prior to the date of adoption of this chapter. For the
purposes of this subsection, a proposed minor amendment to a development order
shall take on the meaning used in this chapter for that type of development order. Al]
other amendments to a final development order approved under the prior zoning or
subdivision regulations shall conform to the requirements of this chapter.
5. Appeal Any person who submits a development application, building permit applice-
tion or amendment to a final development order after the effective date of this
chapter who believes the terms of this section are unduly harsh or create impractical
or unnecessary hardship may appeal to the council that the application be heard
pursuant to the prior zoning or subdivision regulations. Any person who submits a
development application or amendment to a final development order prior to the
effective date of this chapter but wishes to comply with the terms of this chapter may
1574
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LAND USE REGULATIONS 4 2-101
appeal to the planning director that the application be heard pursuant to these
regulations, provided that it shall not be finally approved until the effective date of
these regulations.
C. Exemptions Essential services shall be ezempted from the terms of this chapter,
except for maintenance and business facilities necessary to supply such services, These
maintenance and business facilities shall be subject to this chapter, including but not limited
to being restricted to the zone districts in which they are allowed as permitted and conditional
uses, complying with applicable off~treet parking requirements and being subject to the
provisions of Article 8, the Growth Management Quota System (GMQS).
Sec. 1-)t05. Minimum requirements.
Thee,. provisions of this chapter are the minimum requirements necessary to accomplish
the purpose of this chapter,
ARTICLE 2. RULES OF CONSTRUCTION
Sec.L101. Rules of construction.
In cmnstruction of the language of this chapter, the rules set out in this section shall be
observed' unless such construction would be inconsistent with the manifest intent of the city
council as ezpresaed in this chapter. The rules of construction and definitions set out herein
shall not be applied to any section of these regulations which shall contain any ezpress
provisions ezcluding such construction, or where the subject matter or contezt of such cedion
is repugnant thereto.
A. Generally. All provisions, terms, Phrases and ezpreasions contained in these regula-
tions shall be liberally construed in order that the true intent and meaning of the city
Council may be fully carried out.
Where any provision of thece regulations imposes a greater or leaser restriction upon
the subject matter than a general provision imposed by the Municipal Code or
tmother provision of these regulations, the provisions imposing the greater restric-
Yaon or regulation shall be deemed to be controlling.
B. (^omputation ojtime The time within which an act is to be done shall be computed by
excluding the fast and including the last day; if the last day is a Saturday, Sunday or
legal holiday, that day shall be ezcluded. The end of a day shall be at 5:00 p.m.
C. Delegation of authority. Whenever a provision appears requiring the head of a de-
partment or some other city officer or employee to perform an act or duty, it shall be
gonstrued to authorize the head of the department or other officer to designate,
delegate and authorize professional-level subordinates to perform the required act or
duty unless the terms of the provision or section specify otherwise.
D. Gender. Wotds importing the masculine gender shall be construed to include the
feminine and vice versa.
` 1575
00(1009
§ 2-101
ASPEN CODE
E. Month The word "month" shall mean a calendar month.
F. Non-technical and technical uwrds. Words and phrases shall be construed aceording
to the common and approved usage of the language, but technical words and phrases
- _ and such others as may have acquired a peculiar meaning shall be understood
according to such meaning.
G. Number. A word importing the singular number only may extend and be applied to _"
several persons and things as well as to one person and thing. The use of the plural
number shall be deemed to include any single person or thing.
H. Sham may. The word ..shall" is mandatory; "may" is permissive.
L 'Tense Words used in the past or present tense include the future as well as the past
or present.
J. !Week The word "week" shall be construed to mean seven (7) days.
R. Written or in writing. The term "written'. or "in writing'. shall be construed to
include any insm'bed representation of words, letters or figures whether by printing
• or otherwise.
L. .Year. The word "year" shall mean a calendar year.
NL Boundaries. Interpretations regarding boundaries of Zone Districts on the city's
official zone district map shall be made in accordance with the following. ~
1. Boundaries shown as perpendicular to or following or approximately following
any street, alley, rightof--way, or water course shall be construed as perpendicu-
lar to or following the centerline of the street, alley, right-of-way, or water
course.
1. Boundaries shown as following or approximately following any platted lot line or
other property line shall be construed as following such line.
S. Boundaries shown as following or approximately following section lines, half-
aection lines, or quarter-section lines shall be construed as following such lines.
4. Boundaries shown sa separated from and parallel or approximately parallel to
any of the features listed in the paragraphs above shall be construed to be
parallel to such features and at such distance therefrom as are shown on the
map.
1576
~~OQ /~
ASPENIPITKIN PLANNING OFFICE •
• 130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
LAND USE APPLICATION FEES
cm:
-63250-134
GMP/Conceptual
-63270-136 GMP/Final
-63280-137 SUB/Conceptual
-63300-139 SUB/Final
-63310-140 All-2 Step Applications
-63320-141 All 1 Step Appl'~cations
-63330-150 Staff Approval
-63432-157 Zoning Plan Check
-63432-157 Sign Permtt
-00100-00000-31070 Use Tax for Sign Permits
HISTORIC PRESERVATION:
-63335-151 Exemption
-63336-152 Minor
-63337-153 Major Devel.
-63338-154 SignO. Devel.
-63339-155 Demolition
COUNTY:
-63160-126
-63170-127
-63180-128
-63190-129
-63200-130
-63210-131
-63220-132
-63230-133
-63240-149
-63450-146
-63235-148
REFERRAL FEES:
-63360-143
00115 -63340-163
00123 -63340-190
00125 -63340-205
PLANNING OFFICE SALES
-63080-122
-69000-145
GMP/General
GMP/Detailed
GMP/Final
SUB/General
SUB/Detailed
SUB/Final
All 2 Step Applications
All 1 Step Applications
Staff Approval
Board of Adjustment
Zoning Plan Check
Engineering -County
Engineering -City
Housing
Environmental Health
County Code
Other (Copy Fees)
TOTAL
C i c
~ -. .
Name: / ~ ` [ ~_ n n n n ~_ Phone: - /[
~ ~ ~~ ~ / ~Z'~j~
~ Project:
Address: ~ „ t, ,
w ~ r
Check #: - ~ ~ / Date: ~ ~ / ~ No of Copies: