HomeMy WebLinkAboutbocc.ord.021.2001 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO,AMENDING THE FOLLOWING SECTIONS OF THE PITKIN
COUNTY LAND USE CODE IN ORDER TO AMEND THE SPECIAL REVIEW PROVISIONS
AND PROCEDURES: 1-100-010,FIGURE 1-1; 3-80-060,HISTORIC AND ARCHAEOLOGICAL
RESOURCE AREAS; 3-150-110,DWELLING UNITS RESTRICTED TO AFFORDABLE
HOUSING PRICE,INCOME AND OCCUPANCY GUIDELINES LOCATED OUTSIDE OF AR
ZONE; 3-200-050, SATELLITE RECEPTION DEVICES; 3-210, SPECIAL REVIEW; 3-230-020,
GENERAL STANDARDS FOR AF-SKI MASTER PLANS; 3-240-010,APPLICABILITY
(DEVELOPMENT IN PUD ZONE DISTRICT); 3-240-030, STANDARDS FOR PUBLIC
MASTER PLANS; 3-260-050,FEDERAL AND STATE PRE-EMPTION(LOGGING); 4-50-010,
GENERAL(ONE-STEP REVIEWS); 4-50-040,FIGURE 4-3; 4-50-035 SPECIAL REVIEW
PROCEDURE FOR MINERAL EXPLORATION AND MINING; 4-60-010,GENERAL(TWO-
STEP REVIEWS); 4-60-040,SPECIAL REVIEW PROCEDURE FOR MINERAL
EXPLORATION AND MINING; 4-60-100,FIGURE 4-4; 4-160-040,FIGURE 4-7; 5-50-010,
GENERAL(GROUP I DEVELOPMENT APPLICATIONS); 7-10-050,PITKIN COUNTY
PLANNING OFFICE; 9-110-042,INCENTIVE FOR DEVELOPMENT UTILIZING
TRANSFERABLE DEVELOPMENT RIGHTS ("TDRs")
Ordinance No.Oa/-2001
RECITALS
1. The Community Development Department is proposing several amendmentsto the special review
provisions of the Land Use Code("Code")to simplify and shorten the special review process.
2. The Pitkin County Planning and Zoning Commission considered the proposed code amendment at a
regularly scheduled meeting on March 20,2001,and recommended approval by a vote of 3-0.
3. The BOCC considered the proposed code amendment at a special meeting on May 1,2001, and
voted to approve the proposed amendment on first reading.
4. The BOCC adopted the proposed amendment at a duly noticed public hearing on second reading on
May 23, 2001.
5. The BOCC finds that the proposed code amendments are consistent with the applicable provisions
of the Code and serve to simplify and shorten the special review process.
NOW,THEREFORE,BE IT ORDAINED by the BOCC that it hereby amends Title II of the
Pitkin County Code,the Land Use Code,as follows in Attachment A.
Ordinance No.0L-2001
Page 2
INTRODUCED AND FIRST READ on the 1 St day of May, 2001.
2001. NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 12th day of May,
APPROVED AND ADOPTED AFTER SECOND READING AT A PUBLIC HEARING on
the 23rd day of May,2001.
PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the
�day of
�'V�_, 2001.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
B
Y
ATTEST: Michael C. Ireland,C a it
Date g
�eynd .Dean,Clerk to the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely,Coun ey Cin y Houben,
Community Development Director
bzl -toot
ATTACHMENT A
I. REPEAL AND REENACT LAND USE CODE SECTION 1-100-010, FIGURE 1-1
LAND USE APPLICATIONS: PROCEDURES, SUBMISSION CONTENTS AND STANDARDS
Land Use Code Section
Review Submission
Land Use Application Standards Procedures Contents
Activities of Local and State Interest 3-90 4-60 5-70
(1041 Hazard Review)
AF-SKI Zone Development Requiring 3-230 4-60.20 5-140
AF-SKI Master Plan Approval 4-60.70
All Development in Areas Around 3-100 4-60 5-70
Key Facilities
All Development other than One Single 3-80 4-60 5-70
One Family Dwelling in Areas of Local
and State Interest/1041 Environmental
Hazard Review
All Development, including One Single 3-60.40 4-50 5-90
Family Dwelling Unit, in the Scenic Overlay
Art and Craft Studios in the VC zone district 3-200.10 4-50 5-50
Change in Use Requiring Growth 3-150.150 4-40 5-50
Management Quota System Exemption
Commercial Development with Negligible 3-150.150 4-40 5-50
Growth Impact Requiring Growth
Management Quota System Exemption
Commercial Uses, Temporary 3-200.30 4-50 5-50
Condominium and Cooperative Conversions 3-190.60 4-60.30 5-120
Demolition Extensions 3-200.60 4-40 5-50
Development Permit Requiring 3-200.80 4-40 5-50
Minor Amendment
Development Permit requiring 3-210 4-60 5-50
Major Amendment
Dwelling Unit, Category 1 and Category 2 3-280 4-30 5-230
Building Permit Review
Dwelling Unit, Employee Unit 3-150.120 4-50 5-80
Dwelling Unit, Caretaker Unit 3-150.130 4-50 5-80
Dwelling Unit, One Single Family Unit 3-150.80 4-60 5-50
On Each Lot Created Pursuant to RS-160
Rezoning and Subdivision Requiring Growth
Management Quota System Exemption
Dwelling Unit, Restricted to Affordable 3-150.110 4-60 5-50
Housing Price and Income Guidelines and
Located Outside of the AH Zone Requiring
Growth Management Quota System
Exemption for Construction
Dwelling Unit, Single Family Unit in an Area 3-80 4-50 5-70
of Local or State Interest/1041 Environmental
Hazard Requiring Minor Review
Dwelling Unit, Single Family Unit with 3-200.20 4-50 5-50
More than Five Bedrooms to be Constructed
Dwelling Unit, Single Family Unit with 3-200.90 4-50 5-50
more than 15,000 Square Feet of Residential
Floor Area
Dwelling Unit, Single Family Unit 3-60.40 4-50 5-90
in the Scenic Overlay
Dwelling Unit, Single Family Unit on a Lot 3-150.90 4-50 5-50
Larger than 500 Acres in Size Requiring
Growth Management Quota System Exemption
Dwelling Unit, Single Family Unit in an Area 3-80 4-50 5-70
of Local or State Interest/1041 Environmental
Hazard Requiring Major Review
Dwelling Unit, One Additional Dwelling Unit 3-80.60 4-60 6-50
on a Lot which Contains an Historic Dwelling
Essential Community Facilities Parcels 3-190.50 4-60.90 5-60
Requiring Subdivision Exemption
Essential Community Facilities Requiring 3-150.140 4-60 5-60
Growth Management Quota System Exemption
Attachment A-Page 2
Fully Developed Lands Requiring 3-190.40 4-50 5-60
Subdivision Exemption
Growth Management Quota System 3-140 4-60.60 5-150
Allotments
Highway Vendors 3-200.40 4-40 5-50.
Land Use Code Amendments 3-220 4-60.80 5-100
Logging 3-260 4-60 5-50
Lot Line Adjustment Requiring 3-190.30 4-40 5-60
Subdivision Exemption
Major Plat Amendments Requiring 3-190.90 4-60 5-60
Subdivision Exemption
Mineral Exploration and Mining 3-250 4-60.40 5-130
Minor Plat Amendment Requiring 3-190.80 4-40 5-60
Subdivision Exemption
Non-Conforming Use or Structure, 6-40.30 4-50 5-50
Restoration with Minor Building
Modifications
Parking Requirements, Lodges 3-110.80 4-50 5-50
Parking Requirements, Vehicle 3-110.80 4-50 5-50
Maintenance and Repair Facilities
Parking Requirements, Warehouse 3-110.80 4-50 5-50
Planned Unit Development (PUD) in 3-170 4-70 5-180
Conjunction with Lot Splits and AH
Developments, including AH2/PUD, AH3/PUD
and AHO/PUD
PUB (Public) Master Plan Approval 3-240 4-60 5-140
Requiring Major Amendment
PUB (Public) Zone Development Requiring 3-240 4-60 5-140
PUB Master Plan Approval
Rezoning 3-220 4-60.80 5-110
Satellite Reception Devices 3-200.50 4-40 or 4-50 5-50
Attachment A-Page 3
Signs 3-110.130 4-40 5-240
Special Review Activities Listed in Use 3-210 4-40, 4-50 5-50
Table Requiring Special Review Approval or 4-60
Special Review Approvals Requiring 3-210 4-60 5-50
Major Amendments
Street and Easement Vacations 3-200.70 4-60 5-200
Subdivision Article 3 4-70, 4-80 5-20, 5-30,
5-40
Substandard Size Platted Lots Separation 6-50.30 4-50 5-60
Survey Error Requiring Subdivision 3-190.20 4-40 5-60
Exemption
Takings Determination Hearings 3-290 4-150 5-220
Timeshare 3-190.70 4-60.50 5-190
Transfer of Development Rights 3-150.160 4-70, 4-80 5-160, 5-170
Requiring Growth Management
Quota System Exemption
II. REPEAL AND REENACT LAND USE CODE SECTION 3-80-060, HISTORIC AND
ARCHAEOLOGICAL RESOURCE AREAS
A. Applicability: The development standards in this section apply to the following
activities within Historic and Archaeological Resource Areas:
1. Development activity;
2. Changes in the amount or character of open space of such sites;
3. Exterior alteration or remodeling of any existing structure within the site, or to any
addition thereto;
4. Demolition or destruction of structures or buildings within the site.
B. The activities listed in Section 3-80.60(A) shall comply with the following
standards:
1. Minimize damage to historic structures.
Attachment A-Page 4
2. Utilize the Historic Preservation Guidelines for Redstone and Crystal River
Valley (adopted January 21, 1981) as the basis for reviewing areas, sites and structures which
are included in the Redstone Historic Inventory.
3. Demonstrate that a proposal will enhance the meaning of a historic or
archaeological site as representative of a period, style, occasion or unique activity.
C. Historic Dwellings: An additional dwelling may be allowed on a parcel which
contains an Historic Dwelling subject to special review including parcels which do not meet the
minimum lot area per dwelling unit requirement of the underlying zone district, provided that one
of the structures is known to be historic. Expansions to the historic structure shall be reviewed
within the context of historic preservation, subject to the provisions in this Section, the
Procedures in Section 4-50, and the Submission contents in Section 5-50.
D. Minor Development Activities within the Redstone Historic Inventory Area shall
include:
1. Erection of an awning, canopy, sign, fence or other similar attachments to, or
accessory features of a structure, provided however, that in the process of erecting said
attachments, none of the original materials are destroyed or removed. Incidental destruction or
removal necessary to erect any attachment shall not make the action significant development.
2. Remodeling of a structure where alterations are made to no more than one
element of the structure, including but not limited to a roof, window, door, skylight, ornamental
trim, siding, kickplate, dormer, porch, staircase, and balcony;
3. Expansion or erection of a structure wherein the increase in floor area of the
structure is one hundred (100) square feet or less; or
4. Erection or remodeling of combinations of, or multiples of no more than three (3)
of the following features: awnings, canopies, signs, fences and other similar attachments; or
windows, doors, skylights and dormers. Erection of more than three (3) of the above listed
features may be defined as minor if there is a finding that the cumulative impact of such
development is minor in its effect on the character of the existing structures.
Ill. REPEAL AND REENACT LAND USE CODE SECTION 3-150-110, DWELLING UNITS
RESTRICTED TO AFFORDABLE HOUSING PRICE, INCOME AND OCCUPANCY
GUIDELINES LOCATED OUTSIDE OF AH ZONE
The construction of dwelling units restricted to the Affordable Housing price and income
guidelines of the board of County Commissioners' housing designee are exempt from the
GMQS subject to compliance with the standards in Section 3-150.100(A)(2). Refer to Section 4-
50 for procedures and Section 5-50 for submission contents. One additional dwelling unit that is
deed restricted to Affordable Housing (AH) Price, Income and Occupancy Guidelines may be
allowed on any parcel, subject to Special Review to insure compliance with adopted codes and
Attachment A-Page 5
procedures, including parcels which do not meet the minimum lot area per dwelling unit
requirements of the underlying zone district.
IV. REPEAL AND REENACT LAND USE CODE SECTION 3-200-050, SATELLITE
RECEPTION DEVICES
The installation and use of a satellite reception device may be permitted subject to
compliance with the standards in this section. Refer to Section 4-40 and 4-50 for procedures
and Section 5-50 for submission contents.
A. One satellite dish per lot or parcel may be approved by the Community
Development Director subject to compliance with the procedures in Section 4-40 and the
Submission contents in Section 5-50. Applications for more than one satellite dish may be
approved by the Hearing Officer subject to compliance with the procedures in Section 4-50 and
the submission contents in Section 5-50.
B. Satellite reception devices shall be located to minimize scenic impacts on
neighboring parcels and public roads.
C. Landscaping may be required around a dish to reduce scenic impacts.
D. Financial guarantees in the form of cash or a letter of credit consistent with
Section 3-180 may be required to insure adequate completion of landscaping.
V. REPEAL AND REENACT LAND USE CODE SECTION 3-210, SPECIAL REVIEW AND
MAJOR AMENDMENTS FOR ACTIVITIES LISTED AS SPECIAL REVIEW IN THE USE
TABLES
Subsections:
3-210-010 Applicability
3-210-020 General Standards and Criteria
3-210-030 Limitation of Uses by Special Review
3-210-040 Modification of a Special Review Approval
3-210-010 Applicability
This section of the Code establishes review standards for uses designated as Special
Review in Section 3-40 and Figure 1-1. Certain special review uses may be permitted through a
limited special review process, as specified below, subject to compliance with the standards and
criteria in subsection 3-210-020. Uses not listed below are subject to a one-step review by the
Board of County Commissioners at a public hearing pursuant to the procedures in Section 4-50.
A. The Community Development Director may permit the following special review
Attachment A-Page 6
uses by administrative review (refer to Section 4-40 for procedure), subject to compliance with
the standards and criteria in subsection 3-210-020:
1. Caretaker dwelling units (refer to Section 3-150-130 for standards if within the
Aspen Area Urban Growth Boundary and Section 9-110-041(C) for standards if within the Rural
Area);
2. One satellite reception device (refer to Section 3-200-050 for standards);
3. Commercial recreational uses on Pitkin County Open Space and Trails property,
for which written certification has been obtained from the Director of Open Space and Trails
pursuant to Article 3 of Title IX of the Pitkin County Code, or on County-owned property or
roads, that do not exceed the following thresholds:
a. Involve three (3) or fewer persons on a given property/road at any given point in
time; and/or
b. Occupy no more than one on-site parking space; and/or
c. Utilize any given property/road no more than once a day; and/or
d. Utilize any given property/road no more than 15 days per year.
B. The Hearing Officer may permit the following special review uses (refer to
Section 4-50 for procedure), based on a finding of compliance with the standards and criteria in
subsection 3-210-020 following review at a public hearing:
1. Arts and crafts studio in the VC (Village Commercial) zone district;
2. Utilization of TDRs to obtain additional floor area up to 15,000 square feet on pre-
1978 parcels within the Rural Area (refer to Sections 3-310 and 9-110-042);
4. Duplex;
5. One additional single-family residence on a parcel or lot with an historic structure
(refer to Section 3-80-060(C) for standards, and Section 3-150-030(K) if within the Aspen Area
Urban Growth Boundary and Section 9-110-043 if within the Rural Area);
6. One additional dwelling unit restricted to affordable housing price, income and
occupancy guidelines located outside of the AH zone districts (refer to Sections 3-150-110 if
within the Aspen Area Urban Growth Boundary and 9-110-041(A)(2) if within the Rural Area);
7. Agriculture stands;
8. Single-family residence with six (6) or more bedrooms (refer to Section 3-200-
020 for standards);
9. More than one satellite reception device (refer to Section 3-200-050 for
standards).
10. Reduced parking standard for multi-family, including lodges and dormitories, and
non-residential space pursuant to Section 3-110-090;
11. Commercial recreational uses that have, or are currently in the process of
obtaining, permits to operate on Federal lands;
12. Commercial recreational uses on Pitkin County Open Space and Trails property,
for which written certification has been obtained from the Director of Open Space and Trails
pursuant to Article 3 of Title IX of the Pitkin County Code, or on County-owned property or
roads, that do not exceed the following thresholds:
a. Involve more than three (3) and fewer than ten (10) persons on a given property/
road at any given point in time; and/or
b. Occupy no more than five on-site parking spaces; and/or
Attachment A-Page 7
c. Utilize any given property/road no more than twice a day; and/or
d. Utilize any given property/road no more than 30 days per year.
13. Commercial uses that do not exceed the following thresholds:
a. 2 or fewer employees;
b. 6 or fewer on-site parking spaces;
c. 20 or fewer vehicle trips per day; and
d. Operates during daylight hours (approximately 7:00 AM to 7:00 PM).
14. The following uses related to residential development within the Rural/Remote
zone district:
a. Automobile parking areas which centralize resident parking adjacent to existing
roadways in order to allow alternative access to residences beyond that point (i.e., skiing, hiking,
snowmobiling, biking);
b. Driveways;
C. Fences that meet Colorado Division of Wildlife standards and are located in
critical wildlife habitat and/or migration corridors as defined by the Code;
d. Individual water supply;
e. Individual sewage disposal system;
f. Hydro plant to service a single residence;
g. Expansion of footprint beyond five hundred (500) square feet to a maximum of
one thousand (1,000) square feet, or two thousand five hundred (2,500) square feet if approved
through aggregation provisions;
h. Retention of legally created structures existing prior to January 2, 1996.
C. The Board of County Commissioners may permit the following special review
uses and any special review uses not listed above (refer to Section 4-50 for procedure), based
on a finding of compliance with the standards and criteria in subsection 3-210-020 following
review at a public hearing.
1. Commercial recreational uses on Open Space and Trails property for which written
certification has been obtained from the Director of Open Space and Trails pursuant to
Article 3 of Title IX of the Pitkin County Code, or on County-owned property or roads, that
do not exceed the following thresholds:
a. Involve more than ten (10) persons on a given property/road at any given point in
time; and/or
b. Occupy more than five on-site parking spaces; and/or
c. Utilize parking spaces for any single vehicle with a passenger capacity of more
than ten (10) persons; and/or
d. Utilize any given property/road more than twice a day; and/or
e. Utilize any given property/road more than 30 days per year.
3-210-020 General Standards and Criteria
A. The special review use shall consider the applicable County Master Plan.
Attachment A-Page 8
B. The special review use shall not conflict with any applicable sections of the Pitkin
County Land Use Code, including the County Land Use Policies in Article 2
C. The special review use shall be consistent with the intent of the Zone District in
which it is proposed to be located.
D. The special review use shall be compatible with the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the
mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for
development.
E. The location, size, design and operating characteristics of the proposed special
review use must be in harmony with the surrounding area and minimize adverse effects,
including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation,
parking, trash, service delivery, air/water pollution or other impacts on natural resources, noise,
vibrations and odor on surrounding properties.
F. There must be adequate public facilities and services to serve the special review
use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical services, drainage systems, and
schools.
G. An application for a special review use must demonstrate to the Board of County
Commissioners that the proposed development will not:
1. Materially endanger the public health, safety or welfare; and
2. Substantially injure the value of adjoining or abutting property.
3-210-030 Limitation of Uses by Special Review
A. Special Review Permit. The review authority may opt to grant a special review
permit for certain uses, which limits the time period during which a use may operate. The time
period of the permit shall be specified in the development permit.
B. Submission of Annual Reports. The review authority (BOCC, HO, P&Z, Director)
may require any person operating pursuant to a Special Review Permit to submit a statement to
the Community Development Director attesting to the continued conformance of the use to the
conditions of the permit. The report shall be submitted at least 30 days prior to each
anniversary of the initial granting of the permit.
If, after reviewing the statement, inspecting the site and considering any other relevant
materials, the Community Development Director determines that the use is in conformance with
the provisions of the Special Use Permit, the use may continue pursuant to the provisions of the
permit. If the Community Development Director determines that the use is not in conformance
with the provisions of the Special Use Permit, the Community Development Director shall
recommend to the original review authority that it consider withdrawal of such permit. Failure of
any person operating a use under a Special Review Permit to submit such a statement within
Attachment A-Page 9
the period specified above shall be considered a violation of the provisions of the Special
Review Permit and may be sufficient cause for withdrawal of the permit.
C. Permit Withdrawal Procedure. The review authority shall consider and act on
permit withdrawal after a public hearing. Notice of the public hearing shall be mailed to the
applicant and published in a newspaper of general circulation in the County not later than thirty
(30) days prior to the hearing. The notice shall state the time, location and subject matter of the
hearing.
D. Commencement of Operation. Approved Special Review Uses shall begin within
three (3) years following the date of approval of the development permit, unless a longer period
is specified, or the approval shall become null and void.
E. Permit Expiration. Any Special Review Permit shall expire after any continuous
twelve (12) month period of non-use. Any unfulfilled obligations of the permittee shall continue to
be binding after expiration of the permit.
F. Time Limits for Special Review Permits for Mineral Exploration and Mininq
1. The Board of County Commissioners may issue an initial, short-term trial permit
for a time period not to exceed five years from the date of issuance for mineral exploration,
mining, sand and gravel pits, rock crushers, concrete batch plants and asphalt hot mix plants, oil
and gas drilling, surface mining and open pit mining, subject to the standards in Section 3-250,
Mineral Exploration and Mining.
2. Prior to the expiration of the initial, short-term permit, but not longer than one (1)
year before such permit expiration, the permittee may submit an application pursuant to the
procedure in Section 4-50, the submission contents in Section 5-50, and the standards in
Section 3-210 to convert the short-term permit to a long-term permit. Upon expiration of the
initial short-term permit, and after a duly noticed public hearing, a long-term permit may be
issued to be in full force for a period of time specified by the Board of County Commissioners.
3-210-040 Modification of a Special Review Approval
Any person who wishes to alter a structure or change a use or method of operation of an activity
governed by a special review approval or permit in a manner not provided for by that approval or
permit shall first apply to the County to revise the existing or to obtain a new approval or permit.
Major amendments to special review approvals or permits shall be reviewed for compliance with
the standards in this section pursuant to the procedures specified in subsection 3-210-010. The
Community Development Director may approve minor amendments to a special review approval
or permit without additional public review. For an amendment to be deemed minor, the applicant
shall demonstrate compliance with Section 3-200-080, "Minor Amendments to a Development
Permit".
VI. REPEAL AND REENACT LAND USE CODE SECTION 3-230-020, GENERAL
STANDARDS FOR AF-SKI MASTER PLANS
AF-SKI master plans shall comply with the standards in this section.
Attachment A-Page 10
A. The master plan shall be prepared in the standardized format as shown in
Appendix A.
B. The time frame of the master plan shall be no less than five (5) years, nor more
than ten (10) years.
C. Activities that have substantial impact on County or City capital facilities, such as
increases in the daily ski area capacity, shall be identified.
D. If there is any substantial variance between a proposed activity and actual
construction thereof, the proposed activity will be subject to further review pursuant to the
special review procedures in Section 4-50 of the Code.
E. Unless the Growth Management Quota System, by its terms, is inapplicable to
the proposed development, or unless a growth management exemption is obtained at the
master plan review stage, a growth management allotment is required for any development to
occur.
F. Area and bulk requirements in the AF-SKI zone district shall be as set forth in the
master plan.
G. The height of principal uses and buildings shall not exceed twenty-eight (28) feet,
unless the master plan shall demonstrate that the use or building cannot function properly within
said limitation or unless other good planning purposes have been demonstrated.
VII. REPEAL AND REENACT LAND USE CODE SECTION 3-240-010, APPLICABILITY
(DEVELOPMENT IN PUD ZONE DISTRICT)
Land development in the PUB (Public) zone district may occur pursuant to special review
standards (refer to Section 3-210) and the additional standards in this section or the Master Plan
standards in this section. For the special review option refer to Sections 4-50 and 5-50 for
procedures and submission contents. For the master plan option refer to Section 4-60 for the
procedures and Section 5-140 for submission contents. Major amendments to PUB master
plans shall be reviewed for compliance with the standards in this section. Refer to Section 4-60
for review procedures and Section 5-140 for submission contents. Minor amendments may be
permitted subject to compliance with the standards in Section 3-200.80, the procedures in
Section 4-40 and the submission contents of Section 5-50.
Vill. REPEAL AND REENACT LAND USE CODE SECTION 3-240-030, STANDARDS FOR
PUBLIC MASTER PLANS
Public Master Plan standards are established in this section.
A. The Master Plan shall:
Attachment A-Page 11
1. Comprehensively address all existing facilities and identify all proposed future
site development to occur for at least the next five years;
2. Demonstrate consideration of proposed activities in connection with County Land
Use Policies in Article 2 and adopted County master plans applicable to the site; and
3. Demonstrate compatibility of the proposed development with the surrounding
neighborhood and justification of the public need for the proposed activities and facilities.
B. The Master Plan may include language elaborating upon the definitions of the
use standards to more specifically define the unique characteristics of a specific activity
proposed on a site. The approval of said definitions shall constitute a part of the development
standards for a parcel.
C. Use and dimensional standards are established in Section 3-30. However, the
dimensional standards in Section 3-30 may be varied during the Master Plan process, if an
applicant provides clear and convincing evidence that the use or building cannot function
properly within said limitations.
D. The outcome of the master plan process shall include the listing of uses and
activities in the categories and the maps described in this section.
1. Permitted Uses;
2. Uses Permitted pursuant to further review pursuant to the procedures in Section
4-50 (special review);
3. Include maps and drawings at a scale of not less than one (1) inch = two hundred
(200) feet unless the Planning Office authorizes a smaller scale.
IX. REPEAL AND REENACT LAND USE CODE SECTION 3-260-050, FEDERAL AND
STATE PRE-EMPTION (LOGGING)
Standards in this section and the requirements of 4-50 and 5-50 shall apply to any
logging activities on any lands within the County, except to the extent that any specific regulation
is preempted by federal or state law. In determining whether federal or state law preempts
enforcement of these requirements, the Board of County Commissioners shall be guided by the
factors in this section:
A. County regulation of logging activities shall be preempted where Federal or State
law specifically and explicitly precludes local regulation.
B. The Board may require a County development permit to be obtained for federally
approved activities, including unpatented mining claims on Federal lands, provided the purpose
of the review is to impose conditions for the protection of the public health, safety and welfare
and the environment.
Attachment A-Page 12
C. Patented lands shall be treated as any other private property. Logging and tree
removal on private lands shall be subject to the use limitations imposed by this Code without
regard to Federal preemption.
D. Where logging activities are approved by the Board of County Commissioners,
reasonable conditions may be imposed on such activities for the protection of the public health,
safety, welfare and the environment.
X. REPEAL AND REENACT LAND USE CODE SECTION 4-50-010, GENERAL (ONE-
STEP REVIEWS)
The development applications listed are subject to the One-Step review procedures
described in this section of the Code. Figure 4-3 serves as a guide to procedures, submission
contents and review standards for One-Step reviews.
A. Minor Reviews for Development of a Single Family Dwelling Unit in Areas of
Local or State Interest/1041 Environmental Hazard Review (refer to Section 5-70 for submission
contents and Section 3-80 for review standards);
B. Parking Requirements for Warehouses, Lodges, Vehicle Storage Maintenance
and Repair Facilities (refer to Section 5-50 for submission contents and Section 3-200-040 for
review standards);
C. Scenic Overlay Reviews for All Development including one Single Family
Dwelling Unit (refer to Section 5-90 for submission contents and Section 3-80-040 for review
standards);
D. Subdivision Exemption for Fully Developed Lands (refer to Section 5-60 for
submission content and Section 3-190-040 for review standards); and
E. Growth Management Quota System Exemption for One Single Family Dwelling
Unit on a Lot Larger than 500 Acres in Size (refer to Section 5-50 for submission contents and
Section 3-150-090 for review standards).
F. Construction of Single Family Dwelling Unit with More than Five Bedrooms (refer
to Section 5-50 for submission contents and Section 3-200-010 for review standards);
G. Separation of Platted Substandard Size Lots (refer to Section 5-60 for submission
contents and Section 6-50-030 for review standards);
H. Temporary Commercial Uses (refer to Section 5-50 for submission contents and
Section 3-200.30 for review standards);
I. Caretaker Dwelling Units (refer to Section 5-50 for submission contents and
Section 3-150-0130 for review standards);
Attachment A-Page 13
J. Non-Conforming Use or Structure, Restoration with Minor Building Modifications
(refer to Section 6-60-030 for standards and Section 5-50 for submission contents);
K. Employee Dwelling Units (refer to Section 5-80 for submission contents and
Section 3-150-0120 for review standards);
L. Dwelling Unit, Single Family Development with more than 15,000 Square Feet of
Residential Floor Area (refer to Section 3-200-090 for standards and Section 5-50 for
submission contents).
M. Dwelling Unit, Single Family Development with more than Five (5) Bedrooms
(refer to Section 3-200-020 for standards and Section 5-50 for submission contents).
N. Satellite Reception Devices, more than one satellite reception device on a lot
(refer to Section 3-200-050 for standards and Section 5-50 for submission contents).
O. Development reviews within one thousand feet of the established Redstone
townsite. (Prior code § 4-50)
P. Special Review Approvals and Major Amendments to such approvals for
Activities Listed as Special Review in the Use Tables (refer to Section 5-50 for submission
contents and Section 3-210 for review standards).
Q. Mineral Exploration and Mining (refer to Section 5-130 for submission contents
and Section 3-250 for review standards);
R. Logging (refer to Section 5-50 for submission contents and Section 3-260 for
review standards).
XI. REPEAL AND REENACT LAND USE CODE SECTION 4-50-040, FIGURE 4-3
ONE-STEP REVIEWS: SUBMISSION CONTENTS AND STANDARDS
Land Use Code Section
Review Submission
Land Use Application Standards Procedures Contents
Hearing Officer
Development in Areas of Local or 3-80 4-50 5-70
State Interest/1041 Environmental Hazards
Scenic Overlay Reviews for all development 3-60-040 4-50 5-90
Including single-family dwellings
Attachment A-Page 14
Special Review Uses Specified in 3-210 4-50 5-50
Section 3-210
Satellite Reception Devices, 3-200-050 4-50 5-50
More than One (1) Satellite
Reception Device Per Lot
Planning &Zoning Commission
Parking Requirements for Warehouses, 3-110-080 4-50 5-50
Lodges, Vehicle Storage, Maintenance
and Repair Facilities
Subdivision Exemption for 3-190-040 4-50 5-60
Fully Developed Lands
Separation of Platted 6-50-030 4-50 5-60
Substandard Size Lots
Growth Management Quota System 3-150-090 4-50 5-50
Exemption for One Single Family
Dwelling Unit on a Lot Larger than
500 Acres in Size
Construction of a Single Family 3-200-020 4-50 5-50
Dwelling with more than Five (5) Bedrooms
Board of County Commissioners
Employee Dwelling Units 3-150-0120 4-50 5-80
Appeal of Development Order 3-300 4-160 5-210
Takings Determination 3-290 4-150 5-220
Non-Conforming Use or 6-40-030 4-50 5-50
Structure, Restoration with
Minor Building Modifications
Dwelling Unit, Single Family 3-200-090 4-50 5-50
Development with more than
15,000 Square Feet of
Residential Floor Area
Special Review Uses Specified in 3-210 4-50 5-50
Section 3-210
Attachment A-Page 15
Mineral Exploration and Mining 3-250 4-50-020 5-130
4-50-035
Logging 3-260 4-50 5-50
Redstone Historic Preservation Commission
Development Reviews within 1000' 3-80-060 4-50-010 5-70
of the established Redstone Townsite
XII. ADD LAND USE CODE SECTION 4-50-035, SPECIAL REVIEW PROCEDURE FOR
MINERAL EXPLORATION AND MINING
In addition to the procedures identified in Section 4-60-020, the special procedures in
this section apply to the review of requests for development permits for mineral exploration and
mining operations. Refer to Section 5-130 for submission contents and Section 3-250 for special
review standards.
A. Location of Public Hearings: The Planning Office shall notify the Board of County
Commissioners upon receipt of a development application for an initial, short-term permit or
conversion to a long-term permit. The Board of County Commissioners shall determine whether
the public hearings will be held at a site proximate to the proposed permit site.
B. Initial, Short-term Permits: The Board of County Commissioners may issue an
initial, short-term trial permit for a time period not to exceed five years from the date of issuance
subject to the standards in Section 3-250-0
C. Conversion to Long-term Permit: Prior to the expiration of the initial, short-term
permit but not longer than one (1) year before such permit expiration, the operator/permittee
may submit an application pursuant to procedures in this section and the standards in Section 3-
250-0110 to convert the short-term permit to a long-term permit. Upon expiration of the initial
short-term permit, and after a duly noticed public hearing, a long-term permit may be issued to
be in full force for a period of time specified by the Board of County Commissioners.
D. Extension of Long-term Permit
1. Upon the expiration of the initial, short-term permit, if an operator/permittee
requests a time extension or modification of a permit, the Board of County Commissioners shall
hold a duly noticed public hearing to consider whether a new application is necessary. If the
Board determines a new application is necessary, the operator shall prepare a completely new
application pursuant to the Code.
2. The Board shall hold a second duly noticed public hearing to consider either the
new application or modifications, and requests for extensions to the initial, short-term permit.
Attachment A-Page 16
E. Annual Report: During October of each year, but no later than October 31, the
operator/ permittee shall file a written report with the Planning Director demonstrating
compliance or non-compliance with permit conditions and other provisions of the County Land
Use Code.
F. Annual Public Hearing: The Planning Office shall review the operator/permittee's
annual written report to determine compliance with the permit and prepare a report to be
reviewed at a duly noticed public hearing. The date, time and location of the public hearing will
be established pursuant to Section 4-60-040 A.
G. Board of County Commissioners Action: Based upon the annual hearing, the
Board of County Commissioners shall have the power upon good cause being shown:
1. To modify the permit to require certain corrective measures to be taken or to
direct the County staff or its agents to enter upon the premises and to take necessary corrective
measures.
2. To impose new or additional conditions, standards or restrictions to address
environmental concerns required by considerations of public health, safety and welfare, or to
achieve the objectives and purposes of the original permit or to bring the permit into compliance
with other laws or regulations or uses of the site. The cost to be assessed against the
operator/permittee and his sureties.
H. Permit Enforcement
1. Violation Notice: Whenever the Board of County Commissioners has reason to
believe that there has occurred a violation of the permit, written notice shall be given to the
operator of the alleged violation.
a. Such notice shall be served personally or by certified mail, return receipt
requested, upon the alleged violator or his agent for service of process.
b. If served by mail, any such notice shall be deemed to be effective three (3) days
after deposit in the United States Mail, sufficient postage prepaid.
C. The notice shall state the portion of the permits alleged to be violated and a
summary of the facts alleged to constitute the violation, and may include the nature of any
corrective action required.
2. Order to Cease Operations: In the event the County determines that the
operator/permittee is not acting in compliance with applicable permit conditions and immediate
action is necessary, the County shall require the operator/permittee to cease operations within
twenty-four (24) hours after delivery of written notice to such effect, for a period not exceeding
thirty (30) days, during which time a hearing shall be held as specified in these regulations.
3. Rights of the Public: Any member of the public who is aggrieved by a failure of
the operator/permittee to comply with the terms and conditions of the applicable permit shall
have standing to enforce the conditions of the permit by reporting any alleged violation to the
County and requesting a hearing thereon in accordance with the requirements of this section.
Attachment A-Page 17
4. Violation Hearing: The Board of County Commissioners may, upon the request of
the permittee, any interested party, or on its own motion, hold a hearing to determine the nature
and extent of any alleged violation and shall have the power, upon good cause being shown, to
revoke, suspend, or modify the permit to require certain corrective measures to be taken, or to
direct the County or its agents to enter upon the premises and to take corrective measures
required by the Board of County Commissioners. The cost shall be assessed against the
operator and his sureties. The hearing shall be held no sooner than ten (10) days and no later
than thirty (30) days after the issuance of any notice of violation, unless a different date is
specified by the Board of County Commissioners for good cause.
5. Permit Revocation
a. If the Board of County Commissioners suspends or revokes a permit of an
operator, the operator may continue previously permitted operations only for the purpose of
bringing the previously permitted operation into satisfactory compliance with the provisions of
the operator's County permit, or to carry out reclamation requirements of the State of Colorado.
b. The Board of County Commissioners may reinstate the permit of the operator
upon compliance with the terms of the suspension or on such later date as the Board of County
Commissioners may deem appropriate.
C. In the event that a permit is revoked by the Board of County Commissioners, the
Board of County Commissioners may specify that neither the permittee nor a successor thereto
for the same site may re-apply to the Board of County Commissioners for a mineral exploration
and mining permit for up to one year after the date of revocation or the date all permit
improvements and inventory were actually removed and all operations actually ceased,
whichever date occurs last.
d. In the event any operator fails to comply with any order of the Board of County
Commissioners issued after hearing, the Board of County Commissioners may revoke the
permit and request the County Attorney to bring suit for a temporary restraining order, a
preliminary injunction or a permanent injunction to prevent any further or continued violation of
such order. The Board of County Commissioners may also seek such penalties or other relief as
are provided by statute or the Land Use Code for any such violation. Suits hereunder shall be
brought in the District Court for Pitkin County. (Prior
XIII. REPEAL AND REENACT LAND USE CODE SECTION 4-60-010, GENERAL (TWO-
STEP REVIEWS)
The development applications listed in this section are subject to the two-step review
procedures described in this section of the Code. The development applications listed in this
section must comply with the identified Policies in Article 2 and the Standards in Section 3 of the
Code. Figure 4-4 serves as a guide to the procedures, submission contents and review
standards for two-step reviews.
Attachment A-Page 18
A. Growth Management Quota System Exemption for One Single Family Dwelling
Unit on Each Lot Created Pursuant to RS-160 Rezoning and Subdivision in the RS-160 Zone
District (refer to Section 5-50 for submission contents and Section 3-150-080 for review
standards);
B. Subdivision Exemption for Major Plat Amendments (refer to Section 5-60 for
submission contents and Section 3-190-090 for review standards);
C. Growth Management Quota System Exemption for an Essential Community
Facility (refer to Section 5-60 for submission contents and Section 3-150-0140 for review
standards);
D. Subdivision Exemption for Parcels for Essential Community Facilities (refer to
Section 5-60 for submission contents and Section 3-190-050 for review standards);
E. Street and Easement Vacations (refer to Section 5-200 for submission contents
and Section 3-200-070 for review standards);
F. Development in the Public Zone, PUB (Public) Master Plans and Major
Amendments (refer to Section 5-140 for submission contents and Section 3-240 for review
standards);
G. Activities of local and state interest and development in areas around key
facilities (refer to Section 5-70 for submission contents and Sections 3-90 and 3-100 for review
standards);
H. Growth Management Quota System Allotments (refer to Section 5-150 for
submission contents and Section 3-140 for review standards);
I. AF-SKI Master Plans and Major Amendments (refer to Section 5-140 for
submission requirements and Section 3-230 for review standards);
J. Land Use Code Amendments (refer to Section 5-100 for submission contents and
Section 3-220-010 for review standards);
K. Rezoning (refer to Section 5-110 for submission contents and Section 3-220-020
for review standards);
L. Growth Management Quota System Exemption for Construction of Dwelling Units
Restricted to Affordable Housing Price and Income Guidelines Located Outside of the AH Zone
(refer to Section 5-50 for submission contents and Section 3-150-0110 for review standards;
M. One Additional Dwelling Unit on a Lot which Contains a Known Historic Dwelling
(refer to Section 5-50 for submission contents and Section 3-80-060 for review;
N. Dwelling unit, single family development with more than fifteen thousand (15,000)
square feet of residential floor area in the AFR-10, RS-20, RS-30 and RS-160 zone districts
(refer to Subsection 3-200-090 for standards and Section 5-50 for submission requirements.)
Attachment A-Page 19
XIV. DELETE LAND USE CODE SECTION 4-60-040, SPECIAL REVIEW PROCEDURE
FOR MINERAL EXPLORATION AND MINING
XV. REPEAL AND REENACT LAND USE CODE SECTION 4-60-100, FIGURE 4-4
TWO-STEP REVIEWS: SUBMISSION CONTENTS AND STANDARDS
Land Use Code Section
Review Submission
Land Use Application Standards Procedures Contents
Growth Management Quota System 3-150-080 4-60 5-50
Exemption for One Single-Family Dwelling
Unit on Each Lot Created Pursuant to
RS-160 Rezoning and Subdivision
Growth Management Quota System 3-150-140 4-60, 5-60
Exemption for an Essential Community 4-60-090
Facility
Subdivision Exemption for 3-190-190 4-60 5-60
Major Plat Amendments
Condominium and Cooperative 3-190-060 4-60-030 5-120
Conversions
Timesharing 3-320
(see also special review in
some zone districts)
Planned communities 3-320
(see also subdivision review standards)
Street and Easement Vacations 3-200-070 4-60 5-200
Development in the PUB (Public) Zone, 3-240 4-60 5-140
PUB (Public) Master Plans and Major
Amendments
Activities of Local and State Interest 3-90 4-60 5-70
Development in Areas Around Key 3-100 4-60 5-70
Facilities
Attachment A-Page 20
Mineral Exploration and Mining 3-250 4-60-020 5-130
4-60-040
Logging 3-260 4-60 5-50
Growth Management Quota System 3-140 4-60-020 5-150
Allotments 4-60-060
AF-SKI Master Plans and Major 3-230 4-60-020 5-140
Amendments 4-60-070
Land Use Code Amendments 3-220-010 4-60-020 5-100
4-60-080
Rezoning 3-220-020 4-60-020 5-110
4-60-080
Growth Management Quota System 3-150.110 4-60 5-50
Exemption for Construction of
Dwelling Units Restricted to Affordable
Housing Price and Income Guidelines
Located Outside of the AH Zone
One Additional Single-Family Dwelling 3-80-060 4-60 5-50
Unit on a Lot Which Contains a Known
Historic Resource
XVI. REPEAL AND REENACT LAND USE CODE SECTION 4-160-040, FIGURE 4-7
SUMMARY OF DEVELOPMENT REVIEW PROCEDURES
Review Public
Land Use Application Entity Hearing
Building Permit Review
Category 1 Applications Staff No
Category 2 Applications * Staff No
One-Step Reviews
Development in an area of local Staff or Hearing No/Yes
or State I nterest/1 041 environmental Officer
Hazard Review
Attachment A-Page 21
Art and Craft Studio Special Review Hearing Officer Yes
in the VC Zone District
Construction of a Single Family Dwelling P&Z Yes
Unit with More Than Five Bedrooms
Subdivision Exemptions
Survey Errors Staff No
Lot Line Adjustments Staff No
Minor Plat Amendments Staff No
Exemption from Commercial Growth Staff No
Management Quota System for
Developments with a Negligible
Growth Impact
Growth Management Quota System Staff No
Exemption for a Change in Use
Satellite Reception Devices Staff or Hearing No
Officer
Separation of Platted Sub-Standard P&Z Yes
Size Lots
Temporary Commercial Uses Staff No
Demolition Extensions Staff No
Caretaker Dwelling Units Staff NoNes
Employee Dwelling Units BOCC Yes
Minor Amendment to a Development Permit Staff No
Signs Staff No
Scenic Overlay Review for all development Staff or Hearing NoNes
Officer
Parking Requirements for Warehouses, P&Z No
Lodges, Vehicle Storage Maintenance
and Repair Facilities
Scenic Overlay Reviews for All Development P&Z No
Subdivision Exemption for Fully P&Z No
Developed Lands
Attachment A-Page 22
Growth Management Quota System P&Z No
Exemption for One Single Family Dwelling
Unit on a Lot Larger than 500 Acres in Size
Appeal of Development Order BOA/P&Z/BOCC Yes
Takings Determination BOCC No
Extension of Vested Rights BOCC Yes
Development within 1,000 Feet of Redstone Townsite RHPC No
Dwelling Unit - Single Family Development BOCC Yes
with more than 15,000 Square Feet of
Residential Floor Area
Restoration of Non-conforming Use or BOCC Yes
Structure with Minor Building Modifications
Special Review Approvals for Activities Staff/Hearing No/Yes/
Listed as Special Review Uses in the Use Officer/BOCC Yes
Tables and Major Amendments to such
Approvals
Mineral Exploration and Mining P&Z/BOCC Yes
Logging P&Z/BOCC Yes
Two-step Reviews
Building Permit Review- Category 2 * P&Z/BOCC Yes —Step 2
Growth Management Quota System P&Z/BOCC Yes — Step 2
Exemption for One Single Family Dwelling
Unit on Each Lot Created Pursuant to
RS-160 Rezoning and Subdivision
Growth Management Quota System P&Z/BOCC Yes — Step 2
Exemption for an Essential
Community Facility
Subdivision Exemption for Major P&Z/BOCC Yes—Step 2
Plat Amendments
Subdivision Exemption for Parcels P&Z/BOCC Yes—Step 2
for Essential Community Facilities
Street and Easement Vacations P&Z/BOCC Yes— Step 2
Attachment A-Page 23
Development in the PUB (Public) Zone, P&Z/BOCC Yes — Step 2
PUB (Public) Master Plans and
Major Amendments
Activities of Local and State Interest P&Z/BOCC Yes —Step 2
Development in Areas Around Key P&Z/BOCC Yes—Step 2
Facilities
Growth Management Quota System P&Z or GMC/ Yes —Step 2
Allotments BOCC
AF-SKI Master Plans and Major P&Z/BOCC Yes — Step 2
Amendments
Land Use Code Amendments P&Z/BOCC Yes — Step 2
Rezoning P&Z/BOCC Yes — Step 2
Growth Management Quota System P&Z/BOCC Yes— Step 2
Exemption for Construction of Dwelling
Units Restricted to Affordable Housing
Price and Income Guidelines, Located
Outside of the AH Zone
One Additional Dwelling Unit on a Lot P&Z/BOCC Yes — Step 2
Which Contains a Known Historic Resource
Three-step Reviews
Lot Splits P&Z/BOCC/BOCC Yes — Step 2
Dwelling Units Constructed in GMC/BOCC/BOCC Yes— Step 2
the AH Zone District
Planned Unit Developments (PUD) in P&Z or GMC/BOCCI Yes — Step 2
Conjunction with Lot Splits and BOCC
AH Developments including AH2/PUD, AH3/PUD,
AHO/PUD
Five-step Reviews
Residential Subdivisions P&Z/BOCC/P&Z Yes —Steps 2
BOCC/BOCC and 4
Commercial Subdivisions P&Z/BOCC/P&Z Yes — Steps 2
BOCC/BOCC and 4
Multi-family Dwelling Units P&Z/BOCC/P&Z Yes —Steps 2
Attachment A-Page 24
BOCC/BOCC and 4
Tourist Accommodations P&Z/BOCC/P&Z Yes —Steps 2
BOCC/BOCC and 4
Mobile Home Parks P&Z/BOCC/P&Z Yes — Steps 2
BOCC/BOCC and 4
Planned Unit Developments P&Z/BOCC/P&Z Yes —Steps 2
BOCC/BOCC and 4
* Category 2 building permit applications may be approved by the Staff subject to compliance
with the standards 3-280-010 or by the BOCC at a public hearing upon recommendation of the
P&Z.
XVII. REPEAL AND REENACT LAND USE CODE SECTION 5-50-010, GENERAL (GROUP
I DEVELOPMENT APPLICATIONS)
This section of the Code establishes the required submission contents for Group I
development applications. Figure 5-1 identifies the various land development applications in
Group I, and references the Code sections which contain the review procedures and the review
standards applicable to each type of land development application. Group I development
applications are listed below:
A. Dwelling Unit with More Than Five Bedrooms (refer to Sections 4-60 for
procedures and 3-200-010 for review standards);
B. Dwelling Unit with more than 15,000 Square Feet of Floor Area (refer to Sections
4-50 for procedures and 3-200-090 for review standards);
C. Satellite Reception Devices (refer to Section 4-40 for procedures for one device
per lot; refer to Section 4-50 for more than one device per lot; and refer to Section 3-200-050 for
review standards);
D. Temporary Commercial Uses (refer to Sections 4-40 for review procedures and
3-200-030 for review standards);
E. Special Review Approval and Major Amendments for Activities Listed as Special
Review in the Use Tables (refer to Sections 4-40 and 4-50 for procedures and 3-210 for review
standards);
F. Minor Amendments to Development Permits (refer to Section 4-40 for procedures
and 3-200-080 for review standards);
G. Employee and Caretaker Dwelling Units (refer to Section 4-50 for procedures and
Sections 3-150-0120 or 3-150-0130 for review standards);
Attachment A-Page 25
H. Parking Requirements for Warehouses Lodges, Vehicle Storage Maintenance
and Repair Facilities (refer to Sections 4-50 for procedures and 3-200-040 for review
standards);
I. Exemption from the Commercial Growth Management Quota System for
Development with a Negligible Impact (refer to Sections 4-40 for procedures and 3-150-0150 for
review standards);
J. Growth Management Quota System Exemption for a Change in Use of an
Existing Structure (refer to Sections 4-40 for procedures and 3-150-0150 for review standards);
K. Growth Management Quota System Exemption for One Single Family Dwelling
Unit on a Lot Created Pursuant to RS-160 Rezoning (refer to Section 4-60 for Procedures and
Section 3-150-080 for review standards);
L. Logging (refer to Section 4-50 for procedures and 3-260 for review standards);
M. Growth Management Quota System Exemption for One Single Family Dwelling
Unit on a Lot Larger than 500 Acres in Size (refer to Section 4-50 for procedures and Section 3-
150-090 for review standards);
N. Growth Management Quota System Exemption for Construction of Dwelling Units
Restricted to Affordable Housing Price and Income Guidelines Located Outside of AH Zone
District (refer to Section 4-60 for procedures and Section 3-150-0110 for review standards);
O. Highway Vendors (refer to Section 4-40 for procedures and Section 3-150-060
for review standards);
P. Demolition Extension (refer to Section 4-40 for procedures and Section 3-150-
080 for review standards);
Q. Restoration of Non-conforming Use of Structure with Minor Building Modifications
(refer to Section 4-60 for procedures and Section 6-40-030 for review standards); and
R. One Additional Dwelling Unit on a Lot which Contains a Known Historic Dwelling
(refer to Section 4-50 for procedures and Section 3-80-060 for review standards).
XVIII. REPEAL AND REENACT LAND USE CODE SECTION 7-10-050, PITKIN COUNTY
PLANNING OFFICE
A. Establishment: There is hereby established the Pitkin County Planning Office, as
a department of County government which operates in accordance with the operational, fiscal,
employment and other policies and directives of the Board, including this Land Use Code.
B. Planning Director: The Planning Office's activities are under the control and
direction of the Planning Director, who is selected and serves in accordance with County
Attachment A-Page 26
policies. The Planning Director reports to the County Manager. The Planning Director shall
administer and enforce the Land Use Code and has those powers and duties expressly
assigned under this Code and otherwise delegated or assigned in accordance with County
policy. The Planning Office shall have such duties as the Planning Director delegates and such
other powers and duties as are expressly assigned to it under this Code or in accordance with
County policy.
C. Zoning Office: The Zoning Office is hereby established within the Planning Office
to enforce this Land Use Code as established by this Land Use Code and the Planning Director.
D. Hearing Officer
1. Establishment: There is hereby established within the Planning Office the position
of Hearing Officer.
2. Appointment: The Hearing Officer shall be appointed by, and serve at the
discretion of, the Board of County Commissioners.
3. Powers and Duties: The Hearing Officer shall hear and consider applications for
development of Single Family Dwelling Units within Areas of Local or State Interest/1041
Environmental Hazard Review pursuant to the Standards in Section 3-80-10(B), the Procedures
in Section 4-50 and the Submission Contents in Section 5-70, and Art and Craft Studio Special
Review applications in the VC zone district pursuant to the Standards in Section 3-200.10, the
Procedures in Section 4-50 and the Submission Contents in Section 5-50, the scenic overlay
and ridgeline review pursuant to the standards in Subsection 3-60-040, the procedures in
Section 4-50 and the submission requirements in Section 5-90, and special review pursuant to
the standards in Section 3-210, the procedures in Sections 4-40, 4-50 and 4-60, and the
submission requirements in Section 4-50. All actions by the Hearing Officer shall take place at
regularly scheduled and noticed public hearings pursuant to Sections 4-90 and 4-100 of this
Code.
4. Decisions: The Hearing Officer shall render a decision within 10 working days of
the close of a hearing. The Hearing Officer may approve, approve with conditions or deny a
development application. All decisions shall be placed in the public record with the Pitkin County
Clerk and Recorder and shall be available to the public.
5. Appeals: Appeals to decisions of the Hearing Officer may be made to the Board
pursuant to Section 3-300 of this Code. (Prior code § 7-105)(96-33, Amended, 06/26/1996)
XIX. REPEAL AND REENACT LAND USE CODE SECTION 9-110-042, INCENTIVE FOR
DEVELOPMENT UTILIZING TRANSFERABLE DEVELOPMENT RIGHTS ("TDRs")
The transfer of development rights (TDRs) from Preservation Sites located in the Rural/Remote
Zone District may provide an exemption from Growth Management subject to compliance with
section 3-310. The review process shall be as follows:
A. New Lots. TDRs may provide an exemption from Growth Management for new
Attachment A-Page 27
dwelling units on newly created lots as provided in section 3-310, subject to a two-step special
review process.
B. Additional Floor Area for County Approved Subdivisions. Additional floor
area up to 15,000 square feet for existing structures in County approved subdivisions may be
exempted from Growth Management without special review through the utilization of TDRs as
provided in section 3-310. The only approval required shall be a Certificate of Exemption as
provided in section 9-150-21.
C. Additional Floor Area for Pre-1978 Parcels. Additional floor area up to 15,000
square feet for existing structures on pre-1978 parcels may be exempted from Growth
Management through the utilization of TDRs as provided in section 3-310, subject to a one-step
special review process. The one-step special review shall be conducted by the Hearing Officer,
or, if additional land use approvals are required, the lowest reviewing body conducting the other
review.
D. Additional Floor Area in Excess of 15,000 Square Feet. Additional floor area
in excess of 15,000 square feet for existing structures may be exempted from Growth
Management if allowed in the underlying zone district through the utilization of TDRs as provided
in section 3-310, subject to a one-step special review process.
Attachment A-Page 28