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HomeMy WebLinkAboutpitkin.boa.92.38~~ PITRIN COONTY BOARD OF ADJIISTMENT DATE _ !/~ q/_~//" / _Z. , / / "~ APPLICANT //IgNK- ~N~1 //lYY/IG{,i ~e~jL .~ I Q 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 000003 5~~ ~ . ~~- ~ ~ e~ fi~~ m~ 4 3 c~ 0 3 ~o-e.~~ ; c9 ~-~ ~f 3 to 0 3 ~~- ,+~ ~~- 18 ~~~ ~~ r ~ ~I co ~ ~-v OU(lOQ4 -r D1~ ~v~,w+~s i~ } v -r ~~~- OOOOQ5 Ji~-~'G ~-o~i,~-ior, ~~- (,fJo l Fsa~ 1-a ~ ~- September 23, 1992 Ms. Joanna Schaffner Pitkin County Planning Department Pitkin County, Colorado Dear Joanna, ~~, . . ~•~+~+rc, `2~`9c' 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 ~~~~~6 is x s . ~ ~6 °ne ~s N ? 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OOUO~ 1 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 <_ ~. [ ~ c L C c, Name: /~ ~ hF < ~- .~ Phone: 7 ~- r- // ~/ (~ Address: ~- C ~ '; ~ ~ ~` ~ ~/ .-1 ~ c , Project: Z "3 i i J _ ~ ~~ ~,~L-d C: I ~'k Cheek l: 2 ! Z L ~~ ;,~ /(. ~ z Date: ! No of Copies: -~. ~ ~ • • #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 1 ~R E vest o~ / ~~ /;~ ~/ , ,~, ,~, „, ~ i /,~ i a ~o ,~ ~ ,~ P~ ~0 ~ t17 47 r, O ~ U ~ ~ C ~ ~ u~ rl Q~ l]. .~+ N ,. > .. ~ .., •~ > ~~ rc~ # N ~o~o~? ~\ ~~~ --' i / ~/~ / ~a.cQ'~ 1 ,,~ , ~~ It // ~ i/ / ` /~ / '0 a \`_J/g 1 / / ~;~ /~ / a,- i i / i / ~/ /~ ~ / Oa' / _ / / ~ _ ~/ %/ ~// NWT / j/ ~ /~ Y' ~-~ ~ ~ / /. / ~ qVi // ~~~"' i i /;` ~ - / / / / ~ / //// //r~~ / SE6 / / // //~~ (/'. y / ~ ~~ ~-ill ; l /// / / ~' / i ~~ ,,,,, I ,. it /~ i i `~ j ~ /i/~/~~ _ ~~~ J/ // ~ / / ~ / M1 _ ~ i ~Q /~//' ~~ / ~/~° / // ~ / ~// ~ ~ _ / / / / nt / , / // / ~'~ v i -7I~1 ~ / / n ~ ~ / / / ~ra/ ~l ~ /"~ ---~/~ / U ll/ / / / / / / ~~, ~ .i ~ i i ~ / ~ / "'~i / I// / / / ~ / 1 /// / //~ // / ,-~^ ~ /~ < 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 ~UUU~~ 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 ° $°o ~ ~ ; ° ° N ~ o o NnN ° ° r n p - o I ry „' ~- - io iii op ° ° oo o° ° ° p p pr V . . ~~o ..nN • N o N ~-- ^ - p zi z 0 e p e ° o°o N. a eO e . , ° ° o o p o - ry - iia za ° s e ° i ? o o o e 0 0 ° ^ ° ° n w N a _ _ i r N « ° ° _ ° e N _ n oeooo poNOp ..awoo ° V N ~ N N O O - • • O ° ° _ - N _ JO•.ix x s _ s O ° i i OOOe v = Y N M N N V Y Y O N • N NN n N O w N A ° ° p e E I Y ^ O f O O O ° Y O y ` ` _ ao. o ••v i . O. o za f. • pis ~ ^' ep ° "• - an << _ ~i•. No s °O ~O e >>• i ~ -- .~ ° ~~ < o N e z s ° _ c-~ ~ n Y . ° ° 0 oiz e n n N . r 9 0 s 0 s _ ~ . N p • V \ ~ ~ O O C N ry N Y a ~ rpu _ Lr e _ x i ~ O ~ Y Y • • Y u i • ` O ~ Y •` O O N r O O . - Y Y Y C O O O O c ~ ~ ~ w ` ` Y °.' ~ v v Y Y Y ~_ r _ ~ s N N ° °n .• Nn°o° aY :r eeoep "te"a Y`Y : v oap n° - p noo eo :~: ~~~> o`.Y.o > C O n n~_ N O . r. O ~ ~. O. • O t p • N e r a • • • • O N O N O N O O O p p N ° ~ ` r N ~ _ p ^ Y 8 ~ ° N ~ = _ ~~ w e _ r ~ • ~ ziz: .... . ziip° ~i-°~= o e ' F 'Y _ o _ c M a o° o rz .. _ _. Yw : ` n ° a i i ° ~~z v _ -zi . o -. .. o . . rv _ : :i r e r Jnry o u i °a . .. a . o : o : - n ° rv° •O-- n n a - - ° ~~~ i V ~ c v nn o Y 'r:„+.,~ • • ° f ~ e ~° y i: n _ e o ry .Y _ : r .. .. r Y o (~ a ~ ~ Y Y ° O ~ O N I O ? r ~ Y ~ Y a - > .• ~ ° z° : c~ ° _ f i Y: n • v O C : e e n j r e u~ ~ Y V J ° ~ Y ~ ~ Y r~ V r E -Y Y •~r Pf j yV - f.. <ry e _ ~ s V Y t y ~ Y p ~ G f f u N u C y w n Y C . . r ~ M r .. C r J ~ P w ~ P v e ~ c` p j e= N c P • • ° P a !p V B Y Fp V ~ u f a E .... .. e i ~n p ~ f s - ] Y l G ~ ~ ^ f] ] s p Y u - G .~ ~ _ ~ F 7 u . ° ° n ~ ~ 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 0~~~~~ 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 ~~~~~~~ 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: