Loading...
HomeMy WebLinkAboutbocc.ord.010.2008RECEPTION#: 548932, 05/07/2008 at 10:02:18 AM, 1 OF 7, R $0.00 Janice K. Vos Caudill, Pitkin County, CO ORDINANCE OF THE BOARD OF COUNTY COMINIISSIONERS OF PITIQN COUNTY, COLORADO, ADOPTING AN AMENDMENT TO SECTION 5-20-70, MEASUREMENT OF FLOOR AREA AND TO SECTION 11, DEFINITIONS OF THE PITION COUNTY LAND USE CODE Ordinance No. 10-2008 RECITALS Upon adoption of the Revised Land Use Code in July, 2006, the Board of County Commissioners of Pitkin County, Colorado ("BOCC") directed the Community Development Department Staff to follow up with amendments to address necessary clarifications and modifications identified during the first six months of use of the Revised Code. This Ordinance revises Section 5-20-70 and Section 11 of the Pitkin County Land Use Code (PCLUC) as set forth in attached Exhibit 1 and Exhibit 2, respectively. The intent of the proposed amendments is to provide for dedicated mechanical azeas; to prohibit skylights in below grade azeas; to create vertical crawl spaces; and to require that horizontal crawl spaces exist below the structure above, with a noted exception. 2. The Pitkin County Planning and Zoning Commission ("P&Z") considered the proposed Code amendments on first reading at a Special Meeting held jointly with the BOCC on December 11, 2007, and recommended approval (with some modifications) of all of the amended language changes proposed for Section 5-20-70 to the BOCC, except those that pertained to allowance for "vertical crawl space." P&Z recommended that the proposed amendment for vertical crawl space be completely redrafted, and brought back for review and consideration. 3. On first reading at the Spocial Meeting held jointly with the Pitkin County P&Z on December 11, 2007, the BOCC approved all of the amended language changes proposed for Section 5-20-70 (with modifications,) except those that pertained to allowance for "vertical crawl space: 'The Boazd directed Staff to redraft language pertaining to "vertical crawl space," and to obtain a recommendation from the P&Z regarding the redrafted proposed Code amendment. 4. The Pitkin County Planning & Zoning Commission reviewed the revised proposed language for the allowance of vertical crawl space on January I5, 2008, at which time they recommended approval of said language to the BOCC. 5. The BOCC finds that amendments to the above referenced Code Sections are consistent with the policies and regulations of the Land Use Code, are in compliance with applicable Master Plans, to the extent they apply, and in conformance with Section 2-40-10 of the Land Use Code regarding Land Use Code Text Amendments. 6. The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declazes this ordinance and legislation to be effective immediately pursuant to C.R.S. § 30-IS-405. RECEPTION#: 548932, 05/07/2008 at 10:02:18 AM, 2 OF 7, Janice K. Vos Caudill, Pitkin County, CO Ordinance No. 10 - 2008 Page Z NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby amends the above-referenced Sections of the Pitkin Land Use County Code, as set forth in Exhibits 1 & 2 hereto. INTRODUCED, FIRST READ ON THE 11th DAY OF DECEMBER, 2007, AND THE 13TH DAY OF FEBRUARY, 2008; AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 26'~ DAY OF MARCH, 2008. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 9T° DAY OF MARCH, 2008. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON THE 26TH DAY OF MARCH, 2008. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE ~ DAY OF 2008. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ADOPTION. BOARD OF COUNTY COMNIISSIONERS OF PITKIN COUNTY, COLORADO Jack Hatfield, Chairman Date: APPROVED AS TO FORM: Jo y, o ttorney APPROVED AS TO CONTENT: Cm y Houben, C Community Development Director RECEPTION#: 548932, 05/07/2008 at 10:02:18 AM, 3 OF 7, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT "1" 5-20-70: MEASUREMENT OF FLOOR AREA (a) General In measuring floor area, all dimensions shall be taken from the outside face of framing or other primary wall members or from the center line of walls separating adjoining units of a building or portion thereof. For strawbale or log wall construction and for foundation walls, all dimensions shall be taken from the centerline of the wall. Veneer facades up to eight (8) inches in thickness shall be excluded from the calculation of floor area; that portion of a fagade which exceeds eight {8) inches shall be included. Fireplaces, elevators, stairs and similar features are included in the floor area on each floor. Structures that do not exceed thirty (30) inches in height measured above or below finished and natural grades, and that are not covered by a roof or horizontal projection from a building are exempt from floor area calculations. (b) Roof and Deck Overhangs The floor area of a building, or portion of a building, not provided with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors, when the roof or floor exceeds eight (8) feet. These architectural projections are exempt for eight (8) feet of the perimeter of each story of the structure. This exemption cannot be used to transfer space between floors. In the VR and VC zone districts, an overhang of up to eight (8) feet on the street or back side of a structure shall be exempt from the calculation of floor area. Roof and deck overhangs greater than eight (8) feet may only be converted to enclosed interior areas when the resulting floor area does not exceed maximum floor area that would otherwise be applicable to the property under Table 5-1. (c) Decks, Balconies, Stairways and Similar Features (1) Structures that exceed thirty (30) inches above natural or finished grade, and that are not covered by a roof or architectural projection from a building, are exempt from floor area for up to fifteen (15) percent of the approved floor area for the subject parcel or lot. Any areas in excess of fifteen (15) percent shall be counted toward floor area. Decks, balconies, stairways, and similar features with a horizontal projection greater than eight (8) feet may only be converted to enclosed interior areas when the resulting floor area does not exceed maximum floor area that would otherwise be applicable to the property under Table 5-1. (2J Pergolas and open shade structures shall be considered part of the fifteen (15) percent of the approved floor area for decks, balconies, stairways, and similar features as specified above, so long as the following criteria are met: Overall height cannot exceed twelve (12) feet above finished or existing grade, whichever is most restrictive. At least seventy (70) percent of the area of such structures shall be open to the sky. There shall be no more than two (2) layers of structure above the column capitals. Principal beams shall be a minimum of ten (10) feet on center and have a maximum dimension of six (6) inches in width and twelve (f2) inches in depth. Secondary beams shall be spaced at a minimum of twenty-four (24) inches on center and have a maximum dimension of four (4) inches in width and ten (10) inches in depth. There shalt be no walls. The doubling of beams over the columns shall be permitted. RECEPTION#: 548932, 05/07/2008 at 10:02:18 AM, 4 OF 7, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT 1 (d) Crawl Spaces 1) A Horizontal Crawl Space means an area below the first usable floor of a building or portion of a building excluding decks. patios and terraces. Horizontal Crawl Spaces are exempt from floor area calculations when less than five (5) feet six (6) inches in height. other uses. (e) Attic Attic means an area between roof framing and the ceiling framing of the room(s) below. Attics are exempt from the calculation of floor area when less than five (5) feet six (6) inches in height. (f) Gas Station Canopies Up to one thousand (1,000) square feet of gas station canopy shall be exempt from the calculation of floor area for any approved gas station. (g) Additional Provisions for Lots and Parcels in the Urban Area Subject to FAR Limits (1) EXEMPT BELOW GRADE SPACES FOR PRINC/PAL SINGLE-FAMILY AND DUPLEX RESIDENCES Spaces below grade shall be exempt from Floor Area calculations for up to a maximum of four thousand (4,000) square feet, provided such spaces comply with the following requirements: (a) Exempt below grade spaces are located below both the natural and finished grades. If any part of the below-grade space is exposed above natural or finished grade (such as walk-out basement, walls or courts) the entire below-grade area shall be included in the floor area calculations. Exempt Below-grade spaces are no greater than twenty (20) feet in depth and no more than a single story. For purposes of this definition, "story" 2 Vertical Crawl Spaces shall be exempt from floor area calculations. provided they comply with the following: plumbing. electrical. telephone. cable, audio, and water svstems. Storage shall be prohibited: and RECEPTION#: 598932, 05/07/2008 at 10:02:18 AM, 5 OF 7, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT 1 shall mean that portion of a building included between the upper surface of a floor and the upper surface of the floor next above. N) Exempt below grade spaces are accessed only by stairway or elevator from the story directly above, or through a door from a garage adjacent to the below-grade area. (c) Exempt below grade spaces are no greater than twenty (20) feet in depth and no more than a single story. For purposes of this definition, "story" shall mean that portion of a building included between the upper surface of a floor and the upper surface of the floor above. (d) Exempt below grade spaces do not contain doors to the exterior of the structure (e) Exempt below-grade bedrooms are allowed no more than one (1) egress window per bedroom. Exempt below grade spaces that contain no bedrooms are allowed only one egress window. When below grade egress is achieved through one or more below grade bedrooms, no additional egress shall be provided. Egress window well size shall not exceed the minimum allowed by the International Building Code/International Residential Code. (tJ Habitable exempt below-grade spaces may be provided with aggregate glazing area of not more than eight (8) percent of the habitable area of the room. For purposes of this exemption, "habitable" shall mean a space in a building for living, sleeping, eating or cooking. Unfinished basements shall be considered habitable spaces. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas shall not be considered habitable spaces. Window wells for natural light have a maximum dimension of three (3) feet from the exterior wall. The maximum window well width shall be no more than the width of the window. Skvliphts and bav window-like olazing are orohibfted in below Grade soaces. (g) Foundation walls for exempt below-grade spaces may be exposed above natural and finished grade to the minimum degree required by the IRC pertaining to foundation design. (h) Up to ten (10) percent of any particular below-grade wall surface may extend above natural grade so long as the finished grade covers the wall surface that would otherwise be exposed. (i) Garages up to seven hundred and fifty (750) square feet may be incorporated into below-grade space and shall not affect this exemption as long as the only sections of building so exposed are directly related to the garage structure. (J) Floor area below natural and finished grade which exceeds the four thousand (4,000) square foot exemption shall count toward the calculation of allowable floor area. (2) GARAGES AND CARPORTS For the purposes of calculating floor area ratio and allowable floor area for a lot where the principle use is single family residence, garage and carport floor area shall be exempted up to a maximum of seven hundred fifty (750j square feet. On a lot which contains a duplex, garage and carport floor area shall be exempted up to a maximum of one thousand (1000) square feet. All garage or carport space in excess of the exempted areas shall be included as part of the residential floor area calculation. When an existing legal single-family or duplex dwelling exceeds the allowed floor area, the exempt garage space shall be reduced by subtracting the excess floor area from the exempt garage space. (h) Additional Provisions for VC and YR Districts In the VC and VR zone districts only: Spaces below natural and finished grade are exempt from floor area calculations up to a maximum of nine hundred ninety-nine (999) square feet of floor area. Floor area below grade that exceeds the nine hundred ninety-nine (999) square foot exemption shall count in the calculation of floor area. To be exempt from floor area, below grade areas must meet the following conditions: 5 RECEPTION#: 548932, 05/07/2008 at 10:02;18 AM, 6 OF 7, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT i (1) The structure must be principally residential or commercial, or accessory thereto; and (2) Below grade areas shall not exceed a maximum depth of ten (10j feet as measured from floor to ceiling and shall include no more than a single story; and (3) Below grade areas cannot exceed the building footprint of the ground floor; and (4) Below grade uses are limited to non-habitable uses such as baths, laundry, mechanical, halls, utility, storage, etc„ and shall not include garages or any uses that require natural light or ventilation pursuant to the applicable adopted building code; and (5) No more than one (1) egress may be allowed and is to be provided by a window that does not exceed the minimum requirements of the applicable adopted building code. No new exterior staircases may be allowed to access below grade areas; and (5) No more than one (1) window well may be allowed, but not to exceed the minimum area allowed by the applicable adopted building code, and not to be located on the street facade; and (7) The foundation wall or footing may be exposed no more than two (2) feet above existing grade.; and (8) If any part of the below grade space is exposed above natural or finished grade (such as walk-out basements, walls or courts) the entire below grade area shall be included in the floor area calculation; and (9) All dirt and other material excavated to allow for the below grade area must be removed from the site; and (10) All below grade areas must be approved by the Redstone Historic Preservation Commission, to the extent guidelines are applicable. 4 RECEPTION#: 548932, 05/07/2008 at 10:02:18 AM, 7 OF 7, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT " 2" CHAPTER 11: DEFINITIONS 11-T0: DEFINtT10NS In the interpretation of this Land Use Code the rules and definitions of this Sec. 11-10 shall be observed and applied, except when the context clearly indicates otherwise. • Words used or defined in one tense or form shall include other tenses and derivative forms. • Words in the singular number shall include the plural number, and words in the plural number shall include the singular number. • The masculine gender shall include the feminine and the feminine gender shall include the masculine. • The words "shall" or "must" are mandatory. • The words "may" or "should" are permissive. • The word "person" includes individuals, firms, corporations, associations, and any other similar entities. • The word "county" means the County of Pitkin, Colorado. • The word "state" means the State of Colorado. • In case of any difference of meaning or implication between the text of this Land Use Code and any caption or illustration, the text shall control. CRAWL SPACE See Section 5-20-70.