HomeMy WebLinkAbout20090610codeMEMORANDUM
TO: Pitkin County Board of County Commissioners
Regular Meeting -June 10, 2009: First Reading and a Public Hearing
THRU: Cindy Houben, C ~ u ~~~evelopment Director -
FROM: Mike Kraemer, Planner ~.
RE: Staff Initiated Land Use Code Amendments
SUMMARY: Since its adoption in 2006, Staff has become aware of a number of issues, discrepancies, and
inconsistencies with the Land Use Code. Over the course of 3 years, each matter has been logged in a
spreadsheet and it has been Staff's ongoing intention to bring the issues forth in a code amendment proposal
form when time permitted.
A number of grammatical and non-technical alterations are being proposed. Some amendments are more
complicated and warrant more discussion as presented in the attached April. 13, 2009 Planning and Zoning
Commission Memo.
In total, 21 of the 22 Code Amendments were recommended for approval to the BOCC. The P & Z felt that
the code amendment for temporary commercial uses for snow dumping/trucking warranted more analysis and
discussion. Staff plans to incorporate the suggestions of the P & Z for the commercial snow
dumping/truckingnse and resubmit the language at the next scheduled meeting.
CODE AMENDMENT RECOMMENDATION: Staff recommends that the BOCC adopt a motion
approving the Staff initiated Code Amendments on 1 S` Reading (Public Hearing) and set 2°d Reading (Public
Meeting) on June 24, 2009.
ATTAC)FINIENT:
A. April 13, 2009 P & Z Memo which has attachments
a. Attorney's Off ce memo
b. Emma Caucus comments
c. Full text amendments
B. Full text ordinance
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MEMORANDUM
TO: Pitkin County Planning and Zoning Commission
FROM: Mike Kraemer, Planner
RE: Staff Initiated Land Use Code Amendments
DATE: April 13, 2009
SUMMARY: Since its adoption in 2006, Staff has become aware of a number of issues, discrepancies, and
inconsistencies with the Land Use Code. Over the course of 3 years, each matter has been logged in a
spreadsheet and it has been Staffls ongoing intention to bring the issues forth in a code amendment proposal
form when time permitted.
A number of grammatical and non-technical alterations are being proposed. Some amendments are more
complicated and warrant more discussion as presented below.
Staff is proposing to amend the following Sections:
Chapter 2
• Section 2-10-30(d): Board of Adjustment
• Section 2-10-60(d): Hearing Officer Decisions
• Section 2-20-10(d): Effect of Pending Litigation
• Section 2-20-100(a)(4)(b): Public Notice Mailings
• Section 2-40-30(a)(1), (3), and (5): TDR Deed Restrictions
• Section 2-40-110: Variances for Setbacks
Board of Adjustment: When the Land Use Code was adopted in 2006 it was not contemplated that the
Board of Adjustment would be varying the 100' riparian wetland setback. Over the course of working
with the new Code it has been discovered that the Board of Adjustment is charged with the power to vary
this setback. Staff feels variation of this setback is more appropriately reviewed and varied through a Staff
administrative review process.
Pending Litigation: See Attorney's Office memo (Attachment A).
Hearing Officer Decision: Currently, the Hearing Officer has the ability to hold a public hearing and then
take an application under a 10 day advisement period. Within 10 days, he can render a decision and give it
to Staff to be made public. It has been determined, with consultation from the Attorney's Office that the
Hearing Officer may still take an application under the 10 day advisement period but must make the
decision at a continued public hearing.
Public Notice Mailings: Staff feels that in some cases sending certified mailings to only the adjacent
property owners during a public notice period does not adequately notify those most affected by the
proposal. The proposed language will require that notification be provided to property owners within a
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P&Z: April 13, 2009
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300' radius of the subject property. The proposed language comes from the City of Aspen Municipal
Code.
TDR Restrictions: It has been recommended by the Attorney's Office that all TDR deed restriction
requirements be changed to require restrictive covenants.
Chapter 4
• Section 4-20: Permitted Use Table -Horse Boarding: Accessory use specific standard
• Section 4-30-20(f): Removal of Dead/Diseased Trees
• Section 4-30-50(i): Temporary Commercial Use/Special Events -Commercial Snow Storage
Accessory Horse Boarding: The Accessory Use Specific Standard at Section 4-30-050(d) does not exist.
Removal of Dead and Diseased Trees/Logging: Staff is aware that with a potential Pine Beetle outbreak
there may be property owners who will need to remove dead/diseased trees that create a hazard. Staff felt
that issuing permits for the removal of trees would be arduous and thought verification of the condition of
the trees and the hazard would be more appropriate instead. Staff proposes that when a property owner
needs to remove dead or diseased trees a site visit and certification from a tree expert such as an arborist or
forester should be provided. Tree removal standards exist in Chapter 4 under "logging". Staff proposes
language in this section that would consider this type of tree removal exempt from the definition of a
logging operation. Staff also felt that a property owner should have the ability to remove 10 or fewer dead
or dying trees without certification from an expert. Proposed language in Chapter 7 accomplishes this.
Snow Storage Areas: Recently, there has been an increased demand for property owners around the
County to accept snow from snow removal businesses. To date, Staff has acted upon Departmental policy
for safely siting a snow storage area on a property. These policies, as outlined in the attached text form,
are proposed to be codified. The proposed siting criteria were developed by the former County Natural
Resource Specialist.
Chapter 5
• Section 5-10: Dimensional Standards Tables -Table 5-1.A and 5-1.B
• Section 5-10: Notes for Table 5-1.A -Emma Caucus Area floor area limitation
RS-160 GMQS Exemption and Maximum Floor Area Limitation: Pursuant to Ordinance 21-2007 the
RS-160 zone district was limited to a GMQS exemption of 5,750 square feet and a final maximum floor
area size of 15,000 square feet. This ordinance did not correctly reflect these limitations in Table 5-1.A in
Chapter 5.
Emma Caucus Floor Area Limitation: On January 13`'', 2009 the Emma Caucus adopted a Master Plan
that included a maximum floor area limitation. This maximum is proposed to be included in the Land Use
Code.
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P&Z: April 13, 2009
Chapter 6
• Section 6-30-90(a)(4): Replacement of Existing Structures -section citation correction
• Section 6-40-20(a) and applicable sections: General Standards for Allotments and Competition
• Section 6-60-20(c)(1): Standards for Scoring Applications for Commercial and Tourist
Accommodations Allotments -Achievement of Community Goals Scoring Table 6-9, 6-10. And 6-
11
GMQS Competition: General Standards for Allotments and Competition: The Code states that in a
GMQS competition, an applicant that receives a score of zero (0) in any category is not in compliance with
the general standards of the Land Use Code. This is not correct as there are a number of categories that an
applicant can score zero (0) and not be out of compliance with the Code. Staff has attempted to identify all
the sections where an applicant can score a zero (0) and still be in compliance with the Code.
Standards for Scoring Applications for Commercial and Tourist Accommodations Allotments -
Acbievement of Community Goals Scoring Table 6-9, 6-10. And 6-11: Very recently a commercial
GMQS application was filed and approved. Staff became aware that the scoring and point system awarded
for employee mitigation was incorrect and conflicted with Chapter 8: Employee Housing Mitigation Fees.
Staff's recommended scoring system can be viewed in the attached text form.
Chapter 7
• Section 7-20-10(b)and (d): Clearing, Grubbing, and Vegetation Removal -Pine Beetles
• Section 7-20-40(a) and (b) and (c): Floodplain Hazards and permitting
• Section 7-20-60: Low and Medium Wildfire Hazards requirements
• Section 7-20-80(a)(4)(a): Reduced Setback requests and restoration requirements
• Section 7-20-120(b): Additional Scenic Roads
• Section 7-50-20(b)(2): Adoption of additional Hydrologic Systems Analysis Study maps (no
language is proposed to be amended ;only adoption of additional study area maps).
Clearing and Grubbing: Staff felt that property owners should have the ability remove 10 or fewer dead
or diseased trees without requiring certification from an tree expert.
Floodplain Administrator and Permitting: The Code incorrectly references the County Engineer as the
administrator of floodplain regulations. Staff has proposed to correctly replace the County Engineer with
the Floodplain Administrator.
Currently, there is no reference to a permit for development in the floodplain. Staff proposes language to
require a permit.
Wildfire Hazard Requirements: Staff feels that it is not necessary to obtain a County certified wildfire
hazard specialist report for low or medium wildfire hazard area. In the 2006 Code rewrite all wildfire
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P&Z: April 13, 2009
Page 4
hazards levels standards were rewritten to better address the potential hazard. Staff feels that a property
owner should have the option to obtain a report if they so choose or comply with the adopted wildfire
standards in the Code for low or medium hazard areas.
Reduced Setbacks and Habitat Restoration: Staff feels that if the 100' wetland/riparian setback is
reduced and the area within the setback area has been disturbed, a restoration plan should be required and
implemented.
Mapping of Additional Scenic Roads: In 2006 the BOCC adopted a list of roads and maps that regulate
the scenic aspects of development as viewed from these roads. The BOCC requested that additional roads
be designated and mapped. These roads include:
• Emma Road,
• Coal Creek Road,
• Thompson Creek Road (North, Middle, and South Forks),
• Watson Divide Road,
• Prince Creek Road, and
• Lime Creek Road.
Maps of the roads have not been provided in the packet but will be available to view at the meeting.
The Emma Caucus has provided comments (Attachment B) on the addition of Emma Road to the Scenic
Road inventory. The Emma Master Plan adopted a Scenic Viewplane designation to protect the view of
Mt. Daly and Capitol Peaks as viewed from the Emma Schoolhouse, looking south. The Caucus
recommended this be codified and Staff concurs that this designation is appropriate. The Caucus also
recommended that the portion of Emma Road in the Town of Basalt should be eliminated. This is a
technical error and Staff will correct the map before it is presented to the BOCC for review.
Additional Hydrologic Systems Study Area Maps: The County engaged a water consultant to study and
map potential issues regarding surface and groundwater depletion and recharge. The purpose of the study
was to gain an understanding of depletion areas and notify property owners of the issue when development
applications are proposed. Currently the middle Roaring Fork and lower Roaring Fork have been mapped
to delineate the study area boundaries. The study has been expanded to include the Crystal River and West
Sopris Creek Drainages and the Snowmass and Capitol Creek Drainages. Staff has created additional
maps to delineate the study area boundaries for these drainages.
Maps of the study areas have not been provided in the packet but will be available to view at the meeting.
Chapter 9
• Section 9-50-30: Restoration or Expansion ofNon-Conforming Structures and Uses with
Significant Changes
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P&Z: April 13, 2009
Restoration or Expansion of Non-Conforming Structures and Uses with Significant Changes: This
section specifically speaks to expansion of anon-conforming structure however the criteria have been
historically used to expand "uses" through cone-step review to the BOCC. Staff feels the criteria for
expansion of anon-conforming structure is adequate to address an expansion request for a nonconforming
use.
Chapter 10
• Definitions: Alteration of "Base Maximum Size/Area" and "Final Maximum Size/Area"
TWO-STEP REVIEW PROCEDURES (2-30-40i):
A request for a Land Use Code Amendment shall be recommended for approval and shall be approved if it
complies with:
(A) All applicable provisions of this Land Use Code;
Response: Staff has evaluated the proposed Code amendments for their impacts on other Code sections. At
this time Staff feels all other sections of the Code that would be affected have been accounted for.
(B) All applicable Land Use Policies listed in Sec. I-60;
Response: Staff feels the following Land Use Policies are applicable:
Conformance with the Pitkin County Comprehensive Plan (Sec:1-60-20):
Staff feels that all of the proposed Code amendments are consistent with the Comprehensive Plan and other
applicable Master Plans. The Emma Caucus has adopted a floor area maximum and a viewplane designation
to protect Mt Daly and Capitol Peaks and the Land Use Code will now reflect this.
Scenic Quality (1-60-230):
With the adoption of the additional Scenic maps, Staff feels the code amendments will accomplish
consistency with this policy.
Water Resources and Aquatic/Riparian/Wetland Areas:
The code amendment to require an applicant to restore disturbed riparian or wetland areas as part of a setback
reduction request will further this policy.
LAND USE CODE TEXT AMENDMENTS (2-40-10):
In addition to the provisions of Sec. 2-30-40(i), the following shall apply to applications for Land Use Code
Amendments:
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P&Z: April 13, 2009
Page 6
(A) Each Land Use Code text amendment shall be consistent with the Pitkin County Comprehensive
Plan;
Response: All code amendments are consistent with the Comprehensive Plan.
(B) Land Use Code text amendment shall be drafted in a form consistent with the organizational format
and style of this Land Use Code;
Response: Staff has accomplished this.
(C) Code text amendments shall repeal and reenact entire Code sections rather than just specific
sentences orsub-sections.
Response: If the Code Amendment is approved, entire Code sections will be repealed and reenacted.
CODE AMENDMENT RECOD~IlVIENDATION: Staff recommends that the Commission recommend
approval to the BOCC for the proposed Code Amendments subject to the text attached. ~il~~l~~s
indicate language to be removed from the Code. Underlines indicate language should be added. All amended
sections are highlighted in yellow.
ATTAC)EIlVIENT:
A. Attorney's Office memo
B. Emma Caucus comments
C. Full text amendments
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,A1n n r'~ f~ ~"f
MEMORANDUM
TO: Pitkin County Board of County Commissioners and Pitkin County
Planning and Zoning Commission
FROM: Chris Seldin, Assistant County Attorney
DATE: Apri16, 2009
RE: Amendment to Pitkin County Land Use Code § 2-20-10(d) (First Reading)
This memorandum briefly describes the basis and purpose for a proposed
amendment to § 2-20-10(d) of the Pitkin County Land Use Code. This section stays the
issuance of permits while an application is on appeal or in litigation. The proposed
amendment is patterned after the automatic stay provision in the United States
Bankruptcy Code, which is along-standing provision of federal law that imposes a
similar stay during the pendency of a bankruptcy case. While the amended language is
more elaborate than the existing language of § 2-20-10(d), the County Attorney's Office
has determined that it is advisable to tailor our stay provision along the lines of this
existing model.
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EMMA CAUCUS
P.O. Box 1405
Basalt, CO 81621
(970) 927-3462
emmacaucus 1405 (c~sopris.net
MEMORANDUM
TO: Mike Kraemer, Community Development Department
FROM: Emma Caucus
RE: Emma Road Scenic View Mapping
Date: March 25, 2008
The Caucus reviewed the Scenic View Map you provided with respect to Emma Road and the
view of Daly and Capitol Peaks at the Caucus meeting held on March 23, 2009. The Caucus
agrees with the designation of Emma Road within the Caucus Area boundary as a Scenic View
corridor worth preserving. This includes the portions of Emma Road that run from the Emma
Schoolhouse to Happy Day Ranch on the south side of Highway 82 and, on the north side of
Highway 82, from the Emma Road bike trail (east of the Emma Historic Townsite) to Sopris
Creek (a short stretch). The Caucus does not recommend designating that part of Emma Road
near the Town of Basalt boundary that runs from the traffic circle to the start of the bike path
(near the water plant).
As for the viewplane including views of Daly and Capitol Peaks, the map appears to correctly
outline this area; however, the Caucus defers to the County to properly designate this viewplane
with proper GIS coordinates if appropriate.
Thank you.
d~~~O~
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CHAPTER 2: REVIEW AND APPROVAL PROCEDURES
2-10: Review, Decision-Making, and Appeal Bodies
2-10-40: Redstone Historic Preservation Commission (RHPC)
and other official actions, all of which shall be immediately filed in the office of the Board of
Adjustment and steal! be a public record.
(d} Powers and Duties
The Board of Adjustment is authorized to hear requests for Variances from the structure height or
vard and road setback provisions established by this Land Use Code, pursuant to the procedures
established in Sec. 2-40-110. The powers currently delegated to the Board of Adjustment by the
Board of County Commissioners are summarized in Table 2-1.
2-10-40: REDSTONE HISTORIC PRESERVATION COMMISSION (RHPC}
(a} Establishment
There is hereby established within Pitkin County government the Redstone Historic Preservation
Commission (RHPC) to provide for the preservation and continued integrity of the historically
'designated area within one thousand (1,000) feet of the established boundary of the townsite of
Redstone, the Redstone Castle properties, and of other designated structures, sites and objects, and
to promote the educational, cultural, economic and general welfare of the public by preserving those
qualities that relate to the history of Redstone, the State of Colorado, and the nation.
(?) The Redstone Historic Preservation Commission shall consist of five (5) regular and three {3)
altemate members, as appointed by the Board of County Commissioners.
(2) Members shall have an interest in and knowledge of the Redstone community and history.
(3) Each member shall have been a resident of the Crystal River Valley within the bounds of Pitkin
County (from approximately nine (9) miles north of Redstone to approximately five (5) miles
south) for a minimum of one (1}year.
(4) Members should include a mix of backgrounds such as architecture, real estate, history, law,
engineering and long-term residents.
(3) Members should include a balance of property owners and renters.
(6) Alternates shall act only in the event of the absence of the regular member. The chairman shall
appoint any alternate present to actin the absence of a regular member.
(7} Members shall serve for two (2) year terms, such that terms of four (4) members and the
remaining four (4) members shall be completed in alternating years. Members may be
reappointed for successive terms and each member shall serve until the appointment of his or
her successor
(8) Members shall serve without pay.
(b} Organization
The RHPC shall develop and adopt by-laws to govern its operations. Such by-laws shall include
provision for election of officers to include achairperson, avice-chairperson and a secretary (whose
responsibility shall be to make and keep a thorough, accurate record of all RHPC proceedings).
(c} Powers and Duties
The powers and duties of the RHPC shall include, but not be limited to:
(1) Assisting the Community Development Department reviewing an historic inventory of structures,
sites and objects in the Redstone vicinity with respect to completeness and accuracy;
(7) Assisting the Community Development Department in drafting guidelines and amendments
thereto for alterations to existing structures and design of new construction in the historically
designated Redstone area and designated sites and structures;
Land Use Code Pitkin County, Colorado ~ Q
July 2006 Page 8
CHAPTER 2: REVIEW AND APPROVAL PROCEDURES
2-20: General Land flee Procedures
2-10-60: Nearing Officer
development exactions and impact fees assigned from time to time by the Board of County
Commissioners related to the administration of the County's development exaction and impact fee
systems.
(f1 Chief Building Official
The Chief Building Official shall have; in addition to those powers granted to such office pursuant to
the adopted building code, such other powers delegated by the Community Development Director
pursuant to this Land Use Code.
2-10-60: HEARING OFFICER
{a) Establishment
There is hereby established within the Community Development Department the position of Hearing
Officer.
(b) Appointment
The Hearing Officer shall be appointed by, and serve at the discretion of, the Board of County
Commissioners.
(c) Powers and Duties
The Hearing Officer shall hear and consider those matters referred by the Community Development
Director pursuant to Sec. 2-30-20(i). All actions by the Hearing Officer shall take place at regularly
scheduled and noticed public hearings. The powers currently delegated to the Hearing Officer by the
Board of County Commissioners are summarized in Table 2-1.
(d) Decisions
The Hearing Officer shall render a decision within ten (10} working days of the close of a hearing but
shall make the d i ' n at a continued ublic h rin 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.
2-20: GENERAL LAND USE PROCEDURES
2-20-10: REQUIREMENT FOR DEVELOPMENT PERMIT
(a) Requirement
No person may engage in any development within the unincorporated area of Pitkin County until
obtaining a development permit, unless the proposed development qualifies for an exemption. All
development shall be in compliance with the effective development permit duly issued in compliance
with this Land Use Code.
(b) Issuance
Applications that receive approvals or conditional approvals from the last decision-making body
involved in the application qualify for a development permit. A resolution of approval or ordinance
signed by the chairperson of the decision-making body and recorded with the County Clerk and
Recorder shall constitute the development permit. in the case of Hearing Officer or administrative
approval, the Hearing Officer or Community Development Director shall prepare and sign a
development permit. Ali development permits, including but not limited to all approved Site Plans and
Activity Envelopes, steal{ be recorded with the County Clerk and Recorder before a Building Permit
may be issued.
(c) Administrative Modification
In the course of granting any development permit associated with a Site Plan Review completed after
July 5, 2006, the Community Development Department shall be authorized to modify (increase or
decrease) any numeric dimensional standards in Table 5-1 by ten (10) percent or less, except those
Land Use Code Pitkin County, Colorado
July 2006 Page 10
~~
Z
i.
CHAPTER 2: REVIEW AND APPROVAL PROCEDURES
2-20: General Land Use Procedures
2-20-10: Requlremenf for Development Perm/f
related to residential density/floor area, non-residential floor area and. maximum house size, with the
agreement of the applicant.
(1) STANDARDS
An administrative modification is a discretionary action that shall only be approved if the
following standards are met:
(a) General
The requested modification is consistent with the character of development in the
surrounding area, and will not result in incompatible development;
(b) Mitigates Adverse Impacts
Any adverse impacts resulting from the modification will be mitigated to the maximum
extent practicable; and
(c) Technical Nafure/Compensafes for Unusual Aspect of Slte
The modification is of a technical nature and is required to compensate for some unusual
aspect of the site or the proposed development that is not shared by neighboring
landowners in general.
improvements. or creation of a vested right pursuant to this Land Use Code.
(2} Except as provided in subsections (d)(3)-(5) of this section-
(.A) the stayprovided for under subsection (d)(1) of this section continue$ until the issuance
of a final. non-appealable judctment or order in any such appeal. litication, action, or other
proceeding.
L3) On request of a pafii in interest and after notice apd a hearing. the Board shall grant relief from
the stay provided under subsection tdl(1) of this section, such as by terminating. annulling, modifyins~
or conditioning such stav-
I'A1 for cause, including the lack of adequate protection of an interest in propertv of such party
in interest. or a finding that the appeal. litigation. action. or other proceeding will not alter,
3
Land Use Code
July 2006
Pitkin County, Colorado
Page 11
~~
(2} COND/T10NS OF APPROVAL
The Community Development Director may, in approving an administrative modification, impose
such restrictions and conditions on such approval and use or development of the property that
he or she determines are required to ensure compliance with the general goals, objectives, and
policies of this Land Use Code to prevent or minimize adverse effects from the proposed
modification.
CHAPTER 2: REVIEW AND APPROVAL PROCEDURES
2-20: General Land Use Procedures
2-20-10: Requirement for Deve/opmenf Permit
amend or void a arevious determination or action pursuant to this Land Use_Code as
specified in subsection (d111).
(B) if the Board finds that the filing of the appeal litigation action or proceeding that Gave
rise to the stay is Hart of a scheme to delay hinder or defraud an applicant or other party and
that based on the evidence presented to the Board the appeal litigation. action. or
(e) Prohibition of Commercial Agricultural Activity
(1) At the time a development approval, including subdivision or PUD is considered far any lot or
parcel, an evaluation shall be conducted by the Community Development Department to
determine if the resulting land use or character of the land is or will be essentially and primarily
residential, commercial, or another use or character other than agricultural. If the development
approval will change the primary and fundamental use from being agricultural, then a covenant
prohibiting commercial agricultural activity shall be required as a condition of development
approval.
(2) Factors to be considered by Community Development Department when evaluating the resulting
land use or character of the land shall include but not be limited to: the size of the property, the
valuation of the property and proposed improvements relative to the valuation of agricultural
products produced on the property, the history of the property's use, the viability of any
prospective agricultural use, the legal history of the property relative to subdivisions or other
divisions, the potential for future subdivision, and the type of historical agricultural use of the
property
(3} The covenant may be released by the Board of County Commissioners if the circumstances
which caused the covenant to be required change.
Land Use Code Pitkin County, Colorado
July 2006 Page 12 ~~
may include County staff.
CHAPTER 2: REVIEW AND APPROVAL PROCEDURES
2-2p: General Land Use Procedures
2-20-100: Public Notice Requirements
(7) CONTENT
Every notice shall include:
(a} The name and mailing address of the applicant.
(b} The type of development application sought.
(c) Date, time and place of the hearing, (if a hearing is required) or the last date on which
comments regarding the application will be received by the County (if a hearing is not
required).
(d) The address and legal description of the subject property if applicable.
(e) A summary of the development application under consideration.
{fl Identification of the decision-making body conducting the hearing (or making the decision, if
no hearing is required).
(g) Such other information as may be required to fully appraise the public of the nature of the
application.
(2) PUBL/CAT10N
Where Table 2-1 indicates that newspaper publication notice shall be given, the Cammunity
Development Director shall cause notice of the hearings to be published one time in a
newspaper of general circulation in the County as follows:
(a) For matters in which the Board of County Commissioners is the decision-making body, at
least fourteen (14} and no more than ninety (90} days prior to the hearings.
(b) For matters in which the Board of Adjustment is the decision-making body, at least seven
(7) and no more than ninety (90) days prior to the hearings.
(3) POSTING
Where Table 2-1 indicates that posted notice shall be given:
(a} Posting of notice shall be made by the applicant by posting a sign in a conspicuous place
on the property subject to the development application. The form of the sign shall be
obtained from the Community Development Department. The sign shall be placed on the
property at least fifteen (15) days prior to the public hearing, and shall be maintained in
readable condition in the same location until the date of the public hearing.
(b) The sign shall be made of suitable, waterproof materials, shall be not less than twenty-four
(24) inches wide and thirty-six (36) inches high, and shall be composed of letters not less
than one (1}inch in height.
(c} The applicant shall provide a signed and notarized affidavit in a form as specified by the
Community Development Director attesting to the date that the sign was posted. A
photograph of the posted sign must accompany the affidavit. '
(d} It is the applicant's duty to ensure that required posted notice remains in place and in
readable condition for the period specified above, to replace the posted notice if it is
removed or becomes unreadable during that period, and to remove the sign within one (1)
week after the public hearing.
(4) MAIL/NG
Where Table 2-1 indicates that mailed notice shall be given:
(a) The applicant shall obtain copy of the notice from the Community Development
Department.
(b) At least thirty (30) days prior to a public hearing before the Hearing Officer. Planni___ na and
7nn9na Commission, or the Board of County Commissioners, and at least seven (7) days
prior to a public hearing before the Board of Adjustment, the applicant shall send the
Land Use Code
July 2006
I~~tian ~ounry, ~.vwrac~v
Page 16
~"~
CHAPTER 2: REVIEW AND APPROVAL PROCEDURES
2-20: General Land Use Procedures
2-20-100: Public Notice Requirements
required form of notice to all owners of property within ree hun d 300' of adjaser~t-te
tePerty-that:-is the roe subject ~o e# the develo ment application, as follows. If the
application is for approval of oil and gas extraction or mineral extraction, notice shall be
provided to both the current surface owners and current subsurface owners of the parcels
of land within which the facility Is proposed to be located, as well as the current surface
owners of those parcels of land adjacent to the parcels within which the facility is proposed
to be located.
(c) If the application is for an approval that will require a public hearing, the notice shall be sent
by first class, postage prepaid U.S. mail. if the application is for administrative approval of
an Activity Envelope or Site Plan, the notice shall be sent by certified mail, postage prepaid,
U S. mail.
(d) For purposes of the notice mailing, the applicant shall use the names and addresses an the
current tax records of Pitkin County as they appeared no more than sixty (60) days prior to
the date of the public hearing. It shall be the applicant's responsibility to obtain the required
addresses.
(e) The applicant shall deliver to the Community Development Department, prior to any
scheduled public hearing or meeting, an affidavit confirming that the required mailed notices
have been completed in accordance with the provisions of this subsection (4).
(b) Appeals
In the case of an appeal of an i#em that was decided at a public hearing to the Board of County
Commissioners pursuant to Table 2-1
(1) The Community Development Department shall cause notice to be published one (1) time in a
newspaper of general circulation in the County at least one (1) week before the regular or
special meeting of the Board of County Commissioners at which the appeal is to be considered.
The notice shall specify the meeting agenda and location of the parcel of land that is the subject
of the hearing.
(2} If the appellant is the applicant, the appellant shall cause a notice of the proposed appeal and
the nature of that appeal to be posted on a sign placed on the property that is the subject of the
hearing at least one (1) week before such hearing, and to remove the sign within one (1) week
after the hearing. The form of the sign shall be obtained from the Community Development
Department.
(3) If the appetlant is the applicant, the appellant shall mail a notice of the appeal to adjacent
property owners, at the appellant's expense, at least one (1) week prior to the meeting. In the
event that adjacent property is held in common ownership, the notice shall be sent to the
appropriate homeowners or condominium association. At the time the appeal is filed, the
appellant shall supply the names and addresses of adjacent property owners from the current
tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of
the appeal hearing.
(4) If appellant is not the applicant, the appellant shall mail a notice of the appeal to the applicant
and all adjacent landowners, at appellant's expense, at least one (1) week before the date of the
meeting at which the appeal will be heard by the Board of County Commissioners.
(c} Vested Rights
Creation of a vested right pursuant to Sec. 2-20-170 requires the publishing of a public notice
pursuant to Sec. 2-20-170(8) of this Land Use Code.
(d} Costs
Ail costs of required notices shall be bom by the applicant or appellant. The applicant or appellant
shall be required to reimburse the County for the cost of any published notices required in
consideration of his appeal under the provisions of this Sec. 2-20-100.
Land Use Code Pitkin County, Colorado ~
I ,,,, July 2006 Page 17 ~~
l.~
CHAPTER 2: REVIEW AND APPROVAL PROCEDURES
2-40: Specialized Review and Approval Procedures
2-40-30: Transfer of Development Rights
date, the Community Development Department shall make a decision on the application
pursuant to this Land Use Code.
(2} If no objections to the application are received by the date stated in the notice, the
Community Development Department shall document the fact that no objections were
received and shall make a decision on the application pursuant to this Land Use Code.
(3) If any objections to the application are received by the date stated in the notice, the
Community Development Department shall continue the application to a public hearing
before the Board of County Commissioners.
{g) Vested Right
Approval of a special review use does not involve a Site Specific Development Plan, as defined in
Sec. 2-20-170(b), and does not result in the creation of a vested right. Subsequent approval of a
Site Specific Development Plan related to the approved special review use will establish a vested
right.
2-40-30: TRANSFER OF DEVELOPMENT RIGHTS
The issuance and use of TDR certificates is completed through either the Administrative Review
process or the One-Step Review process, as outlined in Table 2-1. These provisions supplement
those provisions in Sec. 2-30-20 and 2-30-30, and in case of conflict, these provisions govern.
The documentation produced shall be as specified in subsection (a) below and the criteria used
shall be those in subsections (b) below and Sec. 6-70-40.
{a} Documentation
(~} IRREVOCABLE TDR CERTIFICATES
A property owner who wishes to sell a TDR from a sending site
' shall first obtain an irrevocable certificate of TDRs
(TDR certificate) from the Community Development Department through either the
Administrative Review or One-Step Review (as shown in Table 2-1). A TDR certificate shall
only be issued where the sending site meets all of the standards and criteria set forth in Sec.
6-70-40. A TDR certificate must be issued concurrently with the severance of the
development right from the Sending Site and execution of a deed--PSS#ist+ee restrictive
covenant for the Sending Site.
(2} RE-ISSUANCE OF TDR CERTIFICATES
If an irrevocable TDR certificate is lost or destroyed after issuance by the County and prior to
surrender for use in a proposed deveiopment, the County will re-issue the Certificate of
TDRs to the current owner. No Certificate shall be re-issued unless the owner of the TDR
submits a signed and notarized affidavit confirming the loss or destruction of the certificate
and agreeing that if the original TDR certificate is later found it will be surrendered to the
County and shall be of no further force and effect. All re-issued TDR certificates shall bear
the same number as the Certificate that they replace, and shall state that any TDR
Certificate bearing the same number and an earlier issue date shall be invalid.
(3} DEED RESTRICTION OF SENDING SITE
Concurrent with the issuance of a TDR certificate, the owner of the Sending Site shall
execute and record a restrictive covenant on the parcel that acknowledges
that the development right has been severed from the parcel and that future development as
defined by this Land Use Code is prohibited. The deed-rastfls~ic~ cov n shall be a form
approved by the County Attorney
(4} SALE OF TDRS
An irrevocable TDR certificate may be sold, transferred or conveyed. The sale, assignment,
conveyance or other transfer or change in ownership of transferable development rights
certificates must be reported to the Pitkin County Community Development Office within five
(5) days of such transfer. The report of such transfer shall disclose the certificate number,
Land Use Code Pitkin County, Colorado
July 2006 Page 51 4~
CHAPTER 2: REVIEW AND APPROVAL PROCEDURES
2~0: Specialized Review and Approval Procedures
2-40-30: Transfer of Development Rfghts
the grantor, the grantee and the total value of the consideration paid for the certificate.
Failure to timely and accurately report such transfer may render the transferable
development right certificate void.
(5) DEVELOPMENT RIGHTS APPURTENANT TO LAND
The owner of any parcel of land from which development rights may be transferred may
transfer those rights at any time to any person, provided, however, that the use rights and
the value of those use rights shall be deemed for taxation and all other purposes to be
appurtenant to the land until such time as the rights are severed from the land pursuant to
issuance of an irrevocable TDR certificate and recordation of a preservation
restrictive covenant. Upon severance of the use rights from the land, the value of the land for
taxation purposes will be re-assessed.
{b) Approval of TDRs for Constrained Sites
Pursuant to Sec. 6-70, the Board may consider applications to sever TDRs from Constrained
Sites as follows.
(t) The Board shall determine that principles of equitable mitigation merit the issuance of TDRs.
(2) Transferable Development Right(s) recognized and certified pursuant to this section, may be
obtained for property encumbered by a conservation easement provided that the
conservation easement is granted in conjunction with the procedures contained in this
section following a determination by the Community Development Department that the lot or
parcel is undevelopable or is severely restricted and prior to the issuance or certification of
the TDR(s).
(3) The determination that a property is developable, severely restricted or undevelopable
pursuant to this section is merely a procedure to allow the Board to grant Constrained Site
Transferable Development Right(s) at the request of a property owner, and shall not be
considered a final decision as to the beneficial, productive and/or economically viable uses
that may be available to the property.
{c) Relationship to GMQS Scoring System
The creation of a new development right or a permitted increase in floor area may
also be accomplished through receipt of a GMQS allocation pursuant to Sec. 2-40-
40, or through a combination of TDR purchases and GMQS allocations. The
purchase of TDRs for these purposes avoids the need for an applicant to compete in
the GMQS for the same purposes. Similarly, receipt of a GMQS allocation for these
purposes avoids the need for an applicant to purchase a TDR certificate for the same
purpose.
(d) Relationship to Other Approvals
Except as described in above, the purchase and use of a TDR certificate to obtain a
development permit does not remove any requirement to obtain other types of
development permits. More specifically, the use of a TDR to create a new
development right or to increase the permitted floor area of a single family dwelling
does not remove the requirement to identify an activity envelope or to obtain Site
Plan approval prior to submittal of a building permit application. A development
application may be reviewed and approved contingent upon the applicant obtaining a
required TDR prior to filing an application for a building permit.
(e) Vested Right
Although the purchase and sale of TDRs includes the issuance of irrevocable
Certificates of TDR, the purchase and sake transaction does not involve a Site
Specific Development Plan, as defined in Sec. 2-20-170(b), and does not result in the
creation of a vested right. Subsequent use of the purchased TDRs on a Receiving
Two-Step Review for
GMQS Scoring 8
Allotment
Land Use Code Pitkin County, c:olorado
July 2006 Page 52
1~
Pre-Application
Conference
CHAPTER 2: REVIEW AND APPROVAL PROCEDURES
2~0: Specialized Review and Approval Procedures
1-40-~10: Varlances of Structure HeJghi or yard and road Setbacks
(e} Uses Requiring Further Review
This category includes those uses and/or activities that support the operation of the Pre~Appiication
ski/recreation area and have significant environmental and service-related impacts Conference
that can be mitigated, including uses and/or activities that are found by the U.S.
Forest Service to increase the overall capacity of the recreation area. The further
review category shall also include uses and/or activities for which an applicant cannot $~
supply, or has not supplied, sufficient detail at the master plan stage to enable the Review8
County to approve them. All uses that are not clearly listed as uses permitted all Recar+mendaflon
year, or as uses permitted during a specific season, or as prohibited uses, shall
require further review. The process for further review of such uses shall be the same
as for a major amendment to the master plan.
2-40-110: VARIANCES OF STRUCTURE HEIGHT OR YARD AND
ROAD SETBACKS
(a) Authority
The Board of Adjustment has the power to grant variances from the strict application
of the provisions of the height and vard and road setback provisions of this Land Use
Code pursuant to the standards in this section.
(b} Approval Criteria
,,
The Board of Adjustment shall only approve a variance where, by reason of unusual
narrowness, shallowness, or shape of a specific piece of property at the time of the
enactment of the regulation, or by reason of unusual topographic conditions or other
situation or condition of such piece of property, the strict application of the height or
vard and road setback regulations of this Land Use Code would result in peculiar Variances (Height,
practical difficulties to, or undue hardship upon, the owner of such property, and the Setback, Signs)
granting of relief from the strict application of this Land Use Code will not cause
substantial detriment to the public good and will not substantially impair the intent and purpose of
the Pitkin County Comprehensive Plan and this Land Use Code.
(c} Limitations
The Board of Adjustment shall have no power to vary from the limitations on use, lot area
requirements, floor area ratio requirements, stream setbacks, or any requirements of this Land
Use Code other than heights and Xard and road setback requirements,
(d} Votes Required
The concurring vote of four (4) members of the Board of Adjustment in the case of a five {5)-
member Board and three {3) members in the case of a four (4)-member or three (3}-member
Board shall be necessary to reverse any order, requirement, decision, or determination or to
decide in favor of the applicant.
2-40-12Q: VARIANCE OF SIGN SETBACK OR NUMBER
(a) Authority
The Board of Adjustment has the power to grant variances from the strict application of the
provisions of this Land Use Code in the following specific situations: (1) setbacks variances for
signs located within the sign setback areas required by Sec. 7-60-50(a)(2); and {2) a variance for
one additional identification sign on a site, provided that the total square footage of both
identification signs does not exceed ten (10) square feet.
(b) Criteria
The Board of Adjustment shall only approve a proposed sign variance if it meets the limitations
stated in subsection {a) above and: (1) the variance is reasonably necessary to inform the public
Land Use Code
July 2006
Pitkin County, Colorado
Page 66
'~ .
CHAPTER 4: PERMITTED USES
4-20: Permitted Use Table
4-10-80:
Intended for Rural Areas
TABLE 4-1:
PERMITTED USES Rural Olabicts
RS RR RS RS U TR TR RSA A S B
- - R - R R K -
Use Category/ G 1 35 - 1 2 30 - - I 1
6 35 8 10 2 - Use-
Specific
Use Type c 20 R Regulations
E §
C
(formerly Uses,
Activities & Faalities
Permitted by Special
Use Pem-it Issued by
Federal A en
•.
Accessory Structures
with Bathin Facili A A A A A 430-050(a)
§
Agricultural Stand A A A A A A M A A A A A A A M A §430-050(b)
Arts and Crafts Studio,
Accesso g A A A A A A A A A A A A A A A A A A M A
Building-Mounted
Cellular Telephon S S S S S S S S S S S S S S §4-30-050(c)
Antennae
Bus Stop A A A A A A A S A A A A A A A A A A A
Camping Area A A A M §430-050(d)
Caretaker Dwelling Uni S S S S S S S S S S S S M S §4-30-050(e)
Club House o
Recreational Buildin S S S S S M S S S S S S M
Day Care Home A A A A A M A A A A A A A A A A
Employee Dwelling Un' S S S S S S S S S S M S
Home Occupation A A A A A A A A A A A A A A A A A A A M A §43o-oso(fl
Horse Boarding,
A
A
A
A
S
§4~g
g~
Accesso ..
~)
Satellite Reception
Devi S A A A S S A A A M A A A A A A A A A A M A §430-050(8)
Solar Energy Collecto A A A A A A A A A A M A A A A A A A A A A M A §430-050(h)
Temporary Commeraal
Us A A A A A A A A A A M A A A A A A A A A A M A §430-050(i)
Trail A A A A A A A A A A M A A A A A A A A A A M A
Water Crossing o
Diversion S S S S S S S 5 S S M S S S S S S S S S S M S
Wind Powered Electri
Genenato S S S S S S S M S M 30-050
~ G)
Micro Hydro Electri
Ener S stem S S S S S S S S S S S S S S S S S S S S S S S §4-30-050(k)
(Code Revised (a!1 saetlons) by Ord. 014-D, 2006, 07-05-08; § 4-ZO -Table ~-1(pan'} amended by Ord. 0}2-08, 09.13-08)
Land Use Code Pitkin County, Colorado
July 2008. Page 11 ~~
I~
CHAPTER 4: PERMITTED USES
4-30: Use-Specific Standards
4-30-20: Agrlcuttura! and Resource
(e) Kennel and/or Veterinary Clinic
Outdoor dog runs or animal pens are only permitted by special review, and shall only be approved if
adverse noise and odor impacts on nearby properties can be avoided or mitigated.
(~ Logging
(1) INTENT
The intent of these logging standards is to manage the removal, damage or destruction of trees
on individual properties in the County in order to preserve scenic resources, to maintain air and
water quality and to protect wildlife habitats for the continued health, safety and welfare of the
people of Pitkin County.
(2} APPLICABILITY
Development permits are required and may be approved, approved with conditions, or denied
for.
(a} All logging operations (including the harvest of firewood or logs far commercial sale);
(b} Removing, damaging or destroying more than forty (40) trees or similar woody vegetation
with aDiameter-Breast-Height (D. B.H.) ofsix {6) inches or more on a single property;
(c} Removing, damaging or destroying thirty (30) percent or more of the trees with a D.B.H. of
six {6) inches or greater on a single property
{3J PROHIBITED ACT/V!TlES
(a} Removing, damaging or destroying trees or other vegetation within t~eF-t~{~} one hundred
1~OQ} feet of the mean high water mark on any stream or within wetlands or riparian habitat
is prohibited unless approved by Pitkin County pursuant to other sections of this Land Use
Code.
(b} Removing, damaging or destroying trees or other vegetation within elk calving habitat is
prohibited.
(4) EXEMPT/ON5
The following logging activities are exempt from County review:
(c}
{a) Removing, damaging or destroying trees with a D.B.H. of less than six (6) inches, provided
the trees are not located within a wetland or riparian area.
{b} Removing, damaging or destroying forty (40) tress or less with a D.B.H. of less than six (6)
inches on a parcel of land, or removing, damaging or destroying of less than thirty (30}
percent of the trees or similar woody vegetation on a parcel of land, whichever is less.
The selective removal or trimming of dead, diseased or damaged trees or other woody
vegetation that constitute a significant and direct hazard to persons or property, provided
that the removal is accomplished through the use of standard forestry practices and
techniques. Prior to vegetation remova[ under this provision, the acolicant must oresent to
section 7-20-10(b). Clear cutting of areas larger than five thousand (5,000) square feet
shall not be permitted, unless requested or approved in writing by a state or federal
government agency in order to avoid or mitigate a public health or safety hazard.
(d} Actions taken in times of emergency, including the repair or restoration of public roads,
electrical lines, natural gas lines, water lines, sewage lines, and storm drainage systems,
when immediate action is necessary to protect public health or safety or to prevent damage
to property.
(e) Removal of trees or other vegetation that has either been approved or required pursuant to
a development approval granted by the County
Pitkin County, Colorado Land Use Code ,~
I Page 14 July 2006
I
CHAPTER 4: PERMITTED USES
4-30: Usespecific Standards
4-30-50: Accessory and Temporary Usas
(d) Notice of the time and place of the event and estimated attendance shall be provided to the
County Engineer and Sheriff seventy-two (72) hours prior to the event.
(4) Temporary use permits may be issued through the Administrative Review process.
(5) If a special event is anticipated to occur annually, or on a periodic basis, the applicant may
request a multiple event temporary use permit, and such permits may authorize the special
event for up to three (3) years. Multiple event temporary use permits shall require that the
applicant notify the Community Development Department at least ninety (90) days prior to each
event to identify the date and location of the event and any changes in the nature, size, or
activities to be coriducted since the preceding event covered by the permit, and, if proof of
insurance coverage was required for previous approvals, shall submit updated evidence of
insurance coverage covering the dates of the upcoming event. If the Community Development
Department determines that the changes in the event were not anticipated or covered by the
existing permit, and could have unanticipated adverse impacts on surrounding properties or
traffic on County rights-of-way, or the event has not complied with provision of previous
approval(s) it may be revoked andlor the Department may require that the applicant (a) apply for
and receive a new temporary use permit, or {b) modify the event to avoid the unanticipated
adverse impacts. If the Community Development Department does not respond to the notice
with concerns about unanticipated adverse impacts, the event may proceed without the need to
obtain a new temporary use permit.
(8) If a temovraro commercial use eermit is requested for a snow storage area the applicant shall
comply with the following conditions when siting the storage area-
(a) Setbacks
1. Setbacks shall be regulated by Section 7-20-80 and Chanter 5
(b) Slopes
7. Slopes in excess of 10% shall be avoided
(c) Groundwater
1. Snow storage andlor dumps shall not be located in areas of high -groundwater
2. It must be demonstrated that the groundwater high water mark is more than 4 feet
(d) FlQodalain
1. Snow storage areas shall not be located within in the 100- near floodpiain
(e) Surface Runoff
7. Snow storage shall not result in surface runoff unless best management practices are
utilized to re eve sediment and other contamin s from me water and romote
infiltration ys. runoff.
(fl
(9) K~
'1.
(h)
(/) Revegetation
1. If a snow storage area is abandoned for more than two years revegetation of the site
{where necessary) is required.
riuun county, Colorado Land Use Code
Page 50 July 2008 .~~
!~
CHAPTER 5: DIMENSIONAL REQUIREMENTS
5-10: Dimensional Standards Tables
5-10.10: Use Of The Tables
,;
.s
~
~ ~
i •
• ~
'
Minimum Lot Area (ac.) N/A 35 160 35 35 35 35 30 20 10 2 MF = M
15,000
OTH =
6,000
NOTE
6
Minimum Usable Open 800 M
Space per Dwelling
Unit . ft.
Minimum Lot Width ft. NIA 400 400 400 N/A 400 400 400 200 50 M
From Arterial Hi hwa s
Structures /Outside 100 ft. setback for buildings/ 100 ft. setback for outside uses M
Uses ft. NOTE 7
From Ma'or Roads
Structures /Outside 100 ft. setback for buildings/ 50 ft. setback for outside uses M
Uses ft. NOTE 7
From Collector Streets
Structures/ Outside 50 ft. setback for buildings/ 25 ft. setback for outside uses M
Uses ft. NOTE 7
From Pro a Lines
Front Setback (ft.) SR SR (1) Lot Sizes 3 ac = 30 ft.; 30 M
(2) Lot > 3 ac. and 510 acres = 50 ft.;
3 Lot > 10 acres = 100 ft.
Side Setback (ft.) SR SR (1) Lot < 7,500 sq. ft. = 5 ft.; (2) Lot z 7,500 & < 30,000 sq. ft. =10 ft.; 10 M
(3) Lot Size ? 30,000 & < 43,560 sq. ft. = 15 ft.; (4) Lot >_ 43,560 & < 3 ac. _
20 ft.,
5 Lot z 3 ac. & <20 ac. = 30 ft.; 6 Lot z 20 ac. = 50 ft.
Rear Setback (ft.) SR SR (1) Lot Size < 30,000 sq. ft. = 10 ft.; 10 M
{2) Lot a 30,000 sq. ft. & < 10 ac. = 30 ft.;
3 Lot z 10 ac. = 50 ft.
From Streams (ft.) 100 NOTE 14, 15 and 16 M
Maximum Height of ZO 20 28 28 28 20 20 28 28 28 28 28 M
Principal Structure (ft.) NOTE
8
Maximum Height of 20 12 20 24 20 15 15 20 20 20 20 20 M
Accessary Structure NOTE
ft. 9
MAXIMUM
Gross FloorArea
N/A FLO
NOTE OR AR
4b;696
5,750
5,750
1,000
2,500
5,750
5,750
5,750
5,750
NOTE
M
Exempt From GMQS 10 5.750 NOTE NOTE 4 NOTE NOTE NOTE NOTE 11
{Without GMQS NOTE 11 11 11 11 12 NOTE
Allocation or TDR 11 13
Purchase) (Base Max.)
FI r Ar
Gross Fioor Area After NIA NOTE NIA 15,000 15,000 1,000 3,500 15,000 15,000 15,000 15,000 8,000 M
GMQS Allocation 10 15.000 NOTE NOTE NOTE NOTE NOTE NOTE NOTE
andlor TDR Purchase 11 2 11 11 11 11 11
{Final
Max.Siae/Area)(s~-)
Floor Area
Land Use Code Pitkin County, Colorado ~,y
Juiy 2006 Page 4
~3
CHAPTER 5: DIMENSIONAL REQUIREMENTS
5-10: Dimensional Standards Tables
S-fU-10: Use Of The Tables
Code Revised (a/! sections) by Ord. 014-D-2006, 07-05-08; § 5-10-10 -Table S-1.A {part) amended by Ord. 30-06,
10.11-06; Ord. 012-2008, 04-09-08; Ord. 023-07, 08-28-07; Ord. 024-08, 07-23-08)
I Juf 2006 Code Pitkin County, Colorado ,~`~
l ~ Y Page 5
ABBREVIATIONS
M = AS approved in Master Plan far SKt-REC zone district; HML = HoteVMOteULodge; MF/L= Muki-family limited to 1,2, or 3
Bedrooms MFlST = Mukl-famiy Studio• MF/UL = Muki-family with mare than 3 bedrooms; OTH =Other
NOTE 1: In the RR zone district, ih¢¢~~ she p~ ~; v h principal use shall be one-half
{112) acre. Dimension! s,~$n~rds ir1'tHe nL'~~t~~~~i"e~~a i ~udrsu,~na~t the provisions of Sec. 3-
40-20. rmensrona n ar s es tme siona an r s Pes
NOTE Z• A5 an altemative to the strict applicatrrbTtt~t~ _ a~ <~~R r~di'~fnents, parcels in the LIR-35 zone district may be
developed as a cluster option, pursuant to the standards in Sec. 3-40-50(d), provided that the application includes the entirety of
the unsubdivided parcel and adjacent parcels hekl in common ownership as configured on January t6, 2000. If the cluster
option is used: (1) There shall be no more than one (1) principal single family dwelling unit per eighty (80) acres. Actual lots
may be smaller if accompanied with a preserved open space parcel that maintains one unit per 80-acre density (2) Maximum
allowed floor area of all buildings shall be 15,000 square feet., of which (a) 8,250 square feet shall be exempt from growth
management; and (b} additional square footage up to 15,000 square feet may only be obtained through successful growth
management competition or for use of transferable development rights.
NOTE 3: The maximum potential density and developability far properties within the TR-1 and TR-2 zone district shall be based
on the entire unsubdivided parcel. Ail buildings shall be included in the calculation of the floor area.
NOTE 4: For lands rezoned to a TR-2 zone district effective on or before January 26, 2005 existing vested rights in prior
development approvals are recognized, and property owners may continue to rely on those vested rights until their expiration.
Residential development in place or approved prior to January 26, 2005, shall not be deemed non-conforming relative to the
Pitkin County Land Use Code.
NOTE 5: As an alternative to the strict application of the area and bulk requirements, parcels in the TR-2 zone district may be
developed as a cluster option, pursuant to the standards in Sec. 3-40-70(d), provided that the application includes the entirety of
the unsubdivided parcel and adjacent parcels held in common ownership as configured on January 16, 2000. If the duster
option is used: (1) There shall be no more than one (1) principal single family dwelling unit per fifty (50) acres. Actual lots may
be smaller'rf accompanied with a preserved open space parcel that maintains one unit per 50 acre density {2) Maximum
allowed floor area of all buildings shall be 3,500 square feet, all of which shall be exempt from growth management; and no
additional floor area may ba obtained through the use of either TDRs or additional growth management allocations. Heights
and setbacks may be modified through the Two-Step Review process.
NOTE 6: Minimum lot area per principal use or dwelling unit (in square feet) shall be: MF/UL = 5,500; MF/L =3,200; MF/ST =
2,500.
NOTE T: Off-street parking, signs, and lights shall meet the setback requirements for outside uses. Access roads, highway
regulatory and directional signs, safety Lighting, and safety features shall be allowed between the right-of-way and the setbacks
listed. Off street partking and lights don't need to meet the setback required an collector streets.
NOTE 8: In the RR zone district, height of principal and accessary structures shall be measured to the top of ridge or to the top
of the parapet surtace of a flat roof, as measured form existing or finished grade, whichever s lower. See Sec. 5-20-60(h)
NOTE 9: Not applicable to structures existing on the 5th of July, 200&.
NOTE 10: In the RR zone district, the maximum house size and maximum floor area ratio are replaced by the following
provisions:
{1}Maximum footprint per principal structure shall not exceed 1,000 square feet without special review approval. In measuring
the footprint, all dimensions shall be taken from the outside face of framing or other primary wall members.
(2} Maximum allowed square footage shall not exceed 1,000 square feet, except as may be allowed through special review to
retain an existing structure when a new structure is proposed. Below-grade space and garage or carport space are included in
the calculation of maximum allowed square footage. Up to 600 square feet of a legally created structure existing prior to
January 2, 1996, that is retained pursuant to special review, shall be excluded from the maximum allowed square footage for a
new, separate structure; square footage in excess of 600 square feet shall be included in the maximum allowed square footage.
The entire square footage of an historic structure shall be excluded from the maximum allowed square footage.
(3) Decks, porches, etc. shall not exceed a maximum of 500 square feet, as measured from the outside face of the material.
Structures including, but not limited to, decks, porches, slabs, patios and terraces, shall be included in this calculation, and
these structures shall be contiguous to the building footprint
(4) Pla#Forms and tree houses shall not exceed 250 square feet, which is included in the maximum allowed square footage of
1,000 square feet.
(5) Outhouse, storage and mechanical enclosures shat! not exceed a total of 160 square feet, which is excluded from maximum
allowed square footage of 1,000 square feet.
NOTE 11: Far land located within the Frying Pan area, the final maximum dweNing-gait floor area shall be 5,750 square feet;
Floor area for principal structure, including all below-grade space and attached accessory structures, shall be limited to 4,000
sq. ft., up to 1,750 sq. R of floor area shall be allowed for accessory structures and uses that are detached from principal
structure. In the Capitol Creek/Snowmass area, the fine[ maximum dweNipg-writ floor area shall be 8,250 square feet; and
within the Basak Urban Growth Boundary, the final maximum dwelling unit floor area shall be 5,750 sq. ft. In the Emma Caucus
area. the final maximum floor area shall be 8,250 sauare feet. These maximums shall not be
maximums shall also apply to a dwelling unit which is to be located on a parcel containing five hundred (500) acres or more
unless the parcel was legally created and received development approvals prior to July 5, 2006, in which case previous
approvals regarding house size shall apply.
NOTE 12: (1) Lot size
0--25,000 sq, ft. = 13 up to a maximum of 3,250 sq. ft. of floor area; (2) Lot size 25,001-50,000 sq. ft. = 3,250 sq. ft. of floor
area, plus 9 sq. R. of floor area for each additional 100 sq, ft. in lot area up to a maximum of 5,500 sq. ft. of floor area; (3) Lot
size 50,001-100,000 sq. ft. = 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 sq. ft. of floor area; (4} Lot size 100,000 and larger = 8,000 sq. ft. of floor area plus 1 sq. ft. of floor area for
each additional 100 sq. ft, in lot area.
NOTE 13: Notwithstanding any other provision of this Land Use Code, the gross floor area-shall not exceed 4,000 square feet
for lots and parcels s 1 acre; far lots and parcels >1 acre, then gross floor area shall not exceed 5,750 square feet plus 1,000
square feet for each 10,000 square feet that parcel size exceeds one acre, up to a maximum of 8,000 square feet on any one B-
1lot or parcel
NOTE 14: An additional setback may be required or a lesser setback may be allowed pursuant to Sec. 7-20-80.
NOTE 15: Development of a micro hydroelectric energy system may pe allowed in a setback pursuant to Section 7-20-80 {c)
and 4-30-50(k).
NOTE 18: Stream restoration projects may encroach into this setback pursuant to Sections 7-20-40 and 7-20-80
Code Revised (all sectlorrs) by Ord. 01~-D-2008, 07-05-08; § 5-10.10 -Table S-?.A (part) amended by Ord. 30-06,
10-i i-06; Ord. 012-2008, 0409-08; Ord. 023-07, 08-28-OT; Ord. 022-08, 7-09-08;; Ord. 024-08, 07-23-08) ~
Land Use Code Pitkin County, Colorado
~~
CHAPTER 5: DIMENSIONAL REQUIREMENTS
5-10: Dimensional Standards Tables
5-10-40: Use Of The Tables
~ •
• -
~ ~
~ e-~~ • ~
Minimum Lot Area (sq. ft.) 30,000 15,000 15
000 1 5,000 6
000 5 000 NOTE 2
,
N ,
OTE 11 NOTE 1
Minimum Lot Area Per Principe! Use or 1
Dwellin Units . ft. 30,000 15,000 15,000 N 5,000
OTE 11 6,000
5,000
NOTE 2
Minimum Usable Open Space per Dwelling 6,600 3,000 3,000 3
Units . ft. '0~ 1,500 1,500 NOTE 2
Minimum Lot Widths . ft. 100 75 75 7 5 60 50
_...
,..... ..
,.,., ::.k.. ,
From Arterial Hi hwa s
Structures /Outside Uses {ft.) 100 ft. setback for buildings / 100 ft. setback for outside uses
NOTE 3 N/A N/A
From Ma'or Roads
Structures /Outside Uses (ft.) 100 ft. setback for buildings / 50 ft. setback for outside uses
NOTE 3 N/A N/A
From Collector Streets
Structures /Outside Uses (ft.} 50 ft. setback for buildings / 25 ft. setback for outside uses
NOTE 3 NIA N/A
From Pro a Lines '
Front Setback (ft.) (1) Lot Sizes 3 ac = 30 ft.;
(2} Lot > 3 ac. ands 10 acres = 50 ft., - 30 NOTE 2
3 Lot > 10 acres = 100 ft.
Side Setback (ft.) (1) Lot < 7,500 sq. ft. = 5 ft.; (2) Lot z 7,500 8 < 30,000 sq. ft. _
10 ft.;
3) Lot Size a 30,000 ~ < 43,560 sq. ft. = 15 ft.; (4) Lot z 43,560
NOTE 2
8~<3ac.=20 ft.;
5 Lot Z 3 ac. & <20 ac. = 30 ft.; 6 Lot z 20 ac. = 50 ft.
Rear Setback (ft.) (1) Lot Size < 30,000 sq. ft. = 10 ft.; NOTE 2
{2) Lot z 30,000 sq. ft. $ < 10 ac. = 30 ft.; 10
3 Lot z 10 ac. = 50 ft.
From Streams (ft.) 100 20 NOTE 2
NOTE 4, 12 and 13 NOTE 4
,s j,~:UwTI".:<na,~si:.~::tl~:"',~r tI.A' - ... .. .. ..
Maximum Hei ht of Princi al Structure ft. 28 28 28 28 28 NOTE 5 NOTE Z
Maximum Hei ht of Accesso Structure ft. 20 20 20 20 20 NOTE 6 NOTE 2
UM F OOR AR
Ilowable floor area based on Floor Area 13
Ratio FAR .16 NOTE 7 NOTE 10 .30 NOTE 8 NOTE 2
Gross Floor Area Exempt from Growth
750
5 5,750
,
Management (without GMQS Allocation or
NOTE 9 5,750 5,750 5,750 NOTE 8 N/A
DR Base Maximum floor area
Gross Floor Area After GMQS Allocation 5,750
and/or TDR Purchase (Final Max. ~gQr 15,000
ea 15,000 10,250 15,000 NOTE 8 N/A
(Code Revised (ai! sections) by Ord. 014-D-2008, O7-0S-08; ~ 5-10-1 0 Table-5-4.8 (Hart) amended by Ord. 026-06. 0&!3-
06; Ord. 012-08, 04.09-08; Orr/. 02~/-08, 07-23-08; Ord. 021-08, 07-23-08)
I
Land Use Code Pitkin County, Colorado .~
I July 2006 Page 7
~.D
CHAPTER 6 -Growth Management Duota System (GMQS)
and Transferable Development Rights (TDRs)
6-30: f rempfion for Development of Up To 5,750 Square Feet of ResldentiaJ Floor Area on Certain
' Types of Pre-Exlsting Lots
(4) REPLACEMENT OF EX/STING STRUCTURES
The existing structures on the lot or parcel may also be replaced, subject to compliance with
Sec. 6~~3~A f s}8-30.100(cZ
(5) UM/TATION ON ADDITIONS
A new dwelling unit created through this exemption may be expanded at any time by utilizing
transferable development rights to obtain an exemption from GMQS or by competing for an
allotment in the Residential GMQS.
(6) FLOOR AREA RESERVED
Development constructed pursuant to this exemption that results in less floor area than the
base maximum size permitted by Table 5-1 on the lot or parcel shall be entitled to expand up
to the base maximum size permitted by Table 5-1 in any future development at any future
date.
(7) GOVERNMENTAL LANDS NOT QUAUF/ED
Lands owned or controlled by any governmental entity ar division on or before June 12,
1978, do not qualify for this exemption.
(8) "FATHERING PARCEL" RETAINS EXEMPTION EVEN /F RECONFIGURED AFTER
JUNE 12, 1978
An original "fathering parcel" that was legally configured as of June 12, 1978, retains one
GMQS exemption subject to the limitations of this section, notwithstanding any
reconfiguration of the parcel after June 12, 1978, The exemption shall be granted to the
parcel that seeks the exemption first in time, or designated in the subdivision or division of
the original fathering parcel.
(9) USE OF GROWTH MANAGEMENT IXEMPT/ON ON ADJACENT PARCEL
The growth management exemption may be used on a contiguous parcel under separate
ownership or an adjacent parcel under the same ownership that is separated from the
fathering parcel by a public road or other right-of-way, subject to Special Review and the
following additional standards:
(a) The use of the growth management exemption shall:
1 Promote the clustering of buildings and uses;
2. Promote the preservation of open space, agricultural lands and/or wildlife habitat
areas;
3. Take advantage of a site's unique natural resources and scenic features, and
avoid or mitigate any hazardous areas.
{b) The receiving parcel shall contain a minimum of two (2} times the minimum lot area in
the zone district to be eligible to receive the growth management exemption;
(c) A deed restriction shall be recorded against the fathering parcel to memorialize the
extinguishment of growth management exemption on the fathering parts! and the use
of the growth management exemption on the receiving parcel, prior to the approval of
the Site Plan, subdivision plat or other development approval for the receiving parcel.
(b) Growth Management Exemption For Board-Approved Subdivisions,
Fully Developed Land Subdivision Exemptions, and 35 Acre Parcels
Created Prior to January 10, 2000 and Located Within the Crystal
River or Frying Pan Areas
(1) The development of residential floor area on a lot or parcel in the following situations is
exempt from GMQS, subject to compliance with the standards in this section:
Land Use Code Pitkin County, Colorado ,L~
July 2006 Page 15
~~
CHAPTER 8 -Growth Management Quota System (GMQS)
and Transferable Development Rights (TDRs)
6-40: Genera! Sfandards for Allotments and Competition
{3) COMMERCIAL DEVELOPMENT
These allotments are intended to provide for new commercial development and additions to
existing commercial development that results in the creation of Employment Generation
Units {EGUs). An Employment Generation Unit is the number of full-time equivalent
employees generated by the project, based on the following formula:
(a) Square footage of commercial development x number of full time equivalent employees
generated per 1,000 square feet = EGU.
(b) The standards of Sec. 8-30 shall be used to determine the employee generation of a
project.
(4} TOURIST ACCOMMODATION UNITS
These allotments are intended to provide for the development of tourist accommodation
units.
6-40-20: GENERAL STANDARDS FOR ALLOTMENTS AND COMPETITION
(a) Compliance With Code Requirements
As a prerequisite to the award of any development allotment, the proposed development must
comply with all requirements of the Pitkin County Code. No allotments shall be granted where the
development proposed violates this Land Use Code. An applicant who receives a score of zero
(0) under any category which indicates that the proposed development does not comply with a
standard of this Land Use Code, shall be required to bring the proposed development into
compliance with this Land Use Code before a Site Plan or other development application for the
proposed development may be approved. An Apalicant may receive a score of zero t0) in certain
(b) Allotment or Exemption Required
Receipt of an allotment or eligibility for an exemption is apre-requisite to continuation in the land
use review process. If an allocation or exemption is denied, any other land use applications that
are pending for the property shall be denied as well.
(c) Consideration of Comprehensive Plan
The award of any development allotment shall consider the applicable Comprehensive Plans,
including the Pitkin County Comprehensive Plan and the adopted plans for the incorporated
areas of Aspen, Basalt, Carbondale, and Snowmass village.
(d) Covenant
Any applicant who is awarded an allotment shall prepare a covenant in a form provided by the
County that addresses all of the commitments made in the application. The covenant shat! be
submitted prior to the submission of any building permit applications that would utilize the
allotments that have been awarded_ Following review and approval of the covenant by the
Community Development Department, the covenant shall be recorded with the Pitkin County
Clerk and Recorder and shall run with and be a burden upon the land.
(e) Scoring Based on Merits of Proposed Development and Parcel Alone
Scoring of individual development proposals shall be based on features and characteristics
included in the proposed development and on the parcel where the proposed development would
take place. Scores shall not be increased based on features or characteristics included in any
subdivision containing the lot or parcel proposed for development, unless the feature or
characteristic would actually be created by the proposed development, In the event an
application includes proposed development, or on more than one tract of thirty-five {35) acres or
more, each proposed lot or parcel shall be considered as an individual application. Scoring for a
parcel, lot, or tract, will not be increased due to proposed improvements, features or
characteristics proposed for other lots or parcels.
lend Use Code Pitkin County, Colorado
July 2006 Page 23
~~
~b
CHAPTER 6 -Growth Management Quota System (GMQS)
and Transferabie Development Rights (TDRs)
6-50: Standards for Scoring Appllcatfons for Residential Allotments
site enhancement or restoration, a commitment to enhance or restore other sites in
Pitkin County may be considered.
2. Applicants may also identify other innovative ways in which wildlife habitat can be
protected in Pitkin County that would exceed the County's adopted wildlife
standards.
Applicants with na mapped ar known wildlife habitat on their entire lot or parcel shall
receive a score of two (2} in this category
(c) Achievement of Community Goals
(1) OPEN SPACE PRESERVAT/ON
(a} Considering the extent to which the proposed development will contribute to the
preservation of open space in Pitkin County. Valued open space that an applicant
could preserve includes:
1. Undeveloped lands that have wildlife, scenic, and other desirable resource values;
2. Agricultural lands, Including those that have been historically irrigated, used far
food, grains or other feed production, and those used for dry pasture and
rangeland;
3. Lands, or easements over lands, which provide access to public lands or public
waters; and
4. Other undeveloped lands whose preservation would be consistent with the
adopted Pitkin County Comprehensive Plan.
(b) Points shall be awarded according to the following schedule:
1. Zero (0) means the proposed development does not preserve any of the valued
open space within the property.
2. One (1) means the proposed development preserves some, but not all of the
valued open space within the property.
3. Two (2) means the proposed development preserves all of the valued open space
within the property.
4. If the entire lot or parcel does not contain any valued open space, the applicant
shall receive a score of two (2).
~y
'Rote: An Apalicant can receive a score Qf zero f0) in this category and not be in
violation of the Land Use Code.
(2) HAZARD MlT1GAT/ON AND AVOIDANCE
Considering the extent to which the proposal mitigates the impacts of development or avoids
locating development in floodplain hazard, geologic hazard, or wildfire hazard areas, as
these areas are described in Chapter 7 of this Land Use Code. Points shall be awarded
according to the following schedule:
(a) Zero (0) means the proposed development does not comply with the County's adopted
standards for floodplain, geologic, and wildfire hazard areas.
(b) One (1} means the proposed development complies with the County's adopted
mitigation standards for development in flaodplain, geologic, and wildfire hazard areas,
but includes some development activities on slopes in excess of thirty (30) percent or in
areas subject to severe wildfire hazards.
(c) Two (2) means the proposed development complies with the County's adopted
mitigation standards for development in floodplain, geologic, and wildfire hazard areas
Land Use Code
July 2006
Pitkin County, Colorado
Page 28 ~~
CHAPTER 6 -Growth Management Quota System (GMQSj
and Transferable Development Rights (TDRs)
6-50: Standards for Scoring Appllcatlons for Resldentlal Allotments
and includes no development activities on slopes in excess of thirty (30} percent or in
areas subject tD severe wildfire hazards.
{3} DEVELOPMENT BELOW ALLOWABLE DENSITY (ONLYAPPL/ES TO
DEVELOPMENTS WITHIN THE RURAL AREA}
Considering the extent to which the development proposed is less than the allowable density
in terms of numbers of dwelling units (not including caretaker dwelling units, employee
dwelling units, or deed restricted affordable dwelling units) permitted in the applicable zone
district. No points shall be awarded where density is reduced subject to standards in Sec. 5-
10-20 of the Land Use Code (Reduction in Density for Steep Slopes.) Points shall be
awarded according to the following schedule:
(a) Zero (0) means the applicant proposes development at a density of seventy-six (76)
percent to one hundred {100} percent of the density allowed by the underlying zone
district.
(b) One (1) means the applicant commits to limit development to fifty-one (51} percent) to
seventy-five (75) percent of the density allowed by the underlying zone district.
(c) Two (2) means the applicant commits to limit development to fifty (50) percent or less of
the density allowed by the underlying zone district.
When competing for additional square footage only, an applicant shall receive a score of one
(1) if there is no opportunity to reduce density on a property.
!Note: An Analicant can receive a score of zero l01 in this cateaorv and not be in violation of
~-,, the Land Use Code.
{4) REDUCTION OF VISIBLE MASS (ONLYAPPL/ES TO DEVELOPMENTS WITHIN THE
RURAL AREA)
Considering the extent to which the development proposed is less than the allowable floor
area allowed on the property by the underlying zone district; utilizes some of its allowed floor
area to develop sub-grade space; or is below the allowable height of the underlying zone
district. Points shall be awarded according to the following schedule:
•. . . . • .
- Final Maximum Floor Sub-Grade Floor Area Heigh#
Area (see note 2) (see note 3)
see note 1
0 Points Final maximum floor area Less than 20% of the Proposed structure(s)
is limited to more than requested floor area limited to less than 15%
75% of that potentially would be built sub-grade. below the maximum
available to the ro ert . allowable hei ht.
1 Point Final maximum floor area At least 20% of the Proposed structure{s)
is limited to no more than requested floor area will limited to at least 15%
75% of that potentially be built sub-grade, below the maximum
available to the roe allowable hei ht.
2 Points Final maximum floor area At least 30% of the Proposed structure(s)
{Note 4) is limited to no more than requested floor area will limited to at least 30%
55% of that potentially be built sub-grade. below the maximum
available to the roe allowable hei ht.
Notes:
1. This calculation is based on the final maximum floor area that is potentially allowed on the property by
the underlying zone district, as specified in Table 5-1.D. See Sec. 5-20-70 for rules governing
measurement of floor area.
2. To uali as sub rade, the s ace must meet the re uirements for exem t sub rade s ace in Sec. 5-
Land Use Code
July 206
Pltkin County, Colorado
Page 29
Zy ~
CHAPTER fi -Growth Management quota System (GMQS)
and Transferable Development Rights (TDRs)
6-50: Standards for Scoring Applications for Residua! Allotments
20-70(f)(1).
3. To receive points in this ptegory, no portion of any proposed structure can measure above the stated
height limit.
4. Applicants may score points in each of the three categories described in this section, up to a maximum
of 6 Dints 2 Dints in each sate o
(d) Creative Bonus
The Planning and Zoning Commission may award bonus points to any development application
that meets the overall minimum scoring threshold to obtain an allocation, as specified in Tables 6-
7and 6-8. Bonus points may be awarded to an applicant who proposes creative approaches that
are consistent with the purpose and intent of the scoring categories set forth in Secs. 6-50-20 {a),
(b), and (o), and go beyond the standards established in each of the respective categories.
Bonus points may also be awarded for creative approaches that have not been addressed in any
of the scoring categories set forth in Secs. 6-50-20 (a), (b}, and (c), but that are consistent with
and help to implement the Pitkin County Comprehensive Plan. Up to five (5) bonus points may
be awarded as follows:
(7} One (1) bonus point may be awarded for each creative approach an applicant proposes that
is consistent with the purpose and Intent of a scoring category set forth in Secs. 6-50-20 (a),
(b), and (c), and goes beyond the standards established in that category.
(2) One (1) bonus point may be awarded for each creative approach an applicant proposes that
is consistent with and helps to implement the Pitkin County Comprehensive Plan.
(3) One (1) bonus point may be awarded to any applicant who proposes to build affordable
housing, rather than pay the Empioyee Housing Impact Fee required by Section 8-30 of this
Land Use Code. To obtain the bonus point, the proposal to build the housing shall comply
with the County's adopted affordable housing policies and guidelines in terms of its location
and the type of housing proposed.
Criteria
Multiplier ~ Potential
on
1 Fire Protection 0-2 1 2
2 Road S stem 0-2 1 2
3 Transit/Trails 0-2 2 4
b Effec# on the Environment
1 Water Resources 0-2 2 4
2 Wildlife Habitat Protection 0-2 1 2
c Achievement of Cammunit Goals
1 0 en S ace Preservation 0-2 1 2
2 Hazard Avoidance 0-2 1 2
d Creative Bonus 0-5 1 5
Total Points Availabie Excludin Bonus 18 Dints
Minimum Threshold to Obtain an Allocation (New Lots)
Minimum Threshold to Obtain an Allocation (Additi:~~•~.; 13 points
12 points
`Note: An Applicant can receive a score of zero (Ol in this category and not be in violation of the
Land Use Code.
Land Use Code Pitkin County, Colorado
July 2006 Page 30 ~II
CHAPTER 6 -Growth Management Quota System (GMQS)
and Transferable Development Rights {TDRs)
6-60: Standards for Scoring Appllcatlons for Commercial and Tourist Accommodations Allotments
that has been identified in the Pitkin County Comprehensive Plan; and/or an
easement for a trail that's generally been identified as a public access need.
(b) Quality of Design
(7) The Planning and Zoning Commission shall consider each application's exterior design and
rate each development by assigning. points according to the following system:
(a) Zero (0} means a deficient design or a design with a major flaw.
(b) One (1) means an acceptable (but standard) design.
(c) Two (2) means an excellent design.
(2) The types of design features for which points shall be awarded are as follows:
(a) Slte Design
Considering the quality and character of the proposed site plan, including but not limited
to the following elements:
1. Quality and character of the proposed landscaping and open space areas;
2. Degree to which natural vegetation is preserved;
3. Provision of pedestrian amenities (paths, sitting areas, outdoor recreation areas,
construction of connections to existing trails or walks) that enhance the design of
the development and provide for the needs of customers and employees;
4. Provision of automatic, in-ground irrigation systems for all landscaped areas that
require irrigation;
5. Use of reclaimed grey water for landscape irrigation;
6. 100% balance of cut and fill on-site;
7. Orientation of development to accommodate active solar gain; and
8. Orientation of development to accommodate passibe solar gain.
(b) Parking and Clrculafion
Considering the quality and efficiency of the internal circulation, parking lot design, trash
areas, service vehicle access, loading areas, and snow storage areas. Considering
whether design features have been proposed to screen parking and service areas from
public views. Considering whether the design avoids the potential for conflicts between
vehicle circulation and pedestrian circulation areas, or between vehicle circulation,
vehicle parking and service loading and delivery areas.
(c) Vlsuallmpacts .
Considering the extent to which the applicant uses mitigating techniques such as siting,
buffering, natural topography and vegetation and setbacks to offset the visibility of the
project (man-made berms are not encouraged), and whether the height of the proposed
project is consistent and compatible with that of surrounding buildings. Only reductions
in height beyond those standards required by Table 5-1, and by Chapter 7 shall receive
points.
(d) Guest Amenities (Only Applies to Tourlst Accommodation Development)
Considering the extent to which the project provides facilities for its guests, including,
but not limited to, on-site common meeting areas such as lobbies and conference
areas, on-site dining facilities, and on-site recreational facilities.
"Note: An Aonlicant can receive a score of zero /0) in this cateoorv and not be in
violation of the Land Use Code.
Land Use Code
July 2006
Pitkin County, Colorado
Page 33
2Z 3~
CHAPTER 6 -Growth Management Quota System (GMQS)
and Transferable Development Rights (TDRs)
6-60: Standards for Scoring Applications for Commercial and Tour)st Accommodations Allotments
(c) Achievement of Community Goals
{1) EMPLOYEE HOUSING
Cansidering the commitment of the applicant to exceed the requirements of Sec. 8-30 of this
Land Use Code, Employee Housing Impact Fee. According to this section an applicant for
commercial development or for historic/standard tourist lodge accommodation units and
luxury tourist/iodae accommodation units is required to mitigate for twee-{~-? one
hundred (100°~) percent of the projects employee housing impacts_ _
An applicant shall receive up to three (3) paints for
committing to exceed this requirement, according to the fallowing schedule:
• • -.
Em !o ee Housin Im acts Miti ated •
Points Awarded
Commercial Development and Historic/Standard Tourist Lodge
Accommodation Units
~5°k-100% 0 oints
35-°k 110°~ 1 oints
4a°,120% 2 oints
b~°,6-130°~ 3 oints
Luxu Tourist/Lod a Accommodation Units
gp~.1 ° 0 oints
6g°,6110% 1 oints
~g~120% 2 oints
~6-%-130% 3 ints
{2) ALTERNATIVE TRANSPORTATION TECHN/QUES
Considering the commitment of the applicant to provide; employee transportation services
{such as van pools, bus passes) at no cost to employees; guest transportation services
(applicable to tourist accommodations only}; facilities that will encourage bicycling by
employees {such as secure bicycle storage, showers, lockers); or other altemative
transportation solutions that the Planning and Zoning Commission finds to be consistent with
the intent of this scoring category.
Points shall be awarded according to the following schedule:
(a) Zero (0) means the applicant does not propose to employ altemative transportation
techniques as part of the project.
(b) One (1) means the applicant proposes to employ alternative transportation techniques
as part of the project, the extent and type of which are determined to be standard for a
project of its size and type.
Two (2) means the applicant proposes to employ alternative transportation techniques
as part of the project, the extent or the type of which are determined to be exceptional
for a project of its size and type.
Land Use Code Pitkin County, Colorado
July 2006 Page 34 ~~j/
..r
CHAPTER 6 - Growth Management Quota System (GMQS)
and Transferable Development Rights (TDRs)
6-70: General
~ • ~ .-
Criteria Points Multiplier Potential
Available Score
a Availabil' of Facilities
1 Storm Draina a 0-2 1 2
2 Fire Protection 0-2 1 2
3 Road S stem 0-2 1 2
4 TransitlTrails 0-2 2 4
b Qual of Desi n
1 Site Desi n 0-2 2 4
2 Parkin and Circulation 0-2 2 4
3 Visual lm acts 0-2 2 4
c Achievement of Cornmuni Goals
1 Affordable Housin A-2 0-3 2 4 6
2 Alternative Trans ortation Modes 0-2 2 4
Total Points Available 38 32 ints
Minimum Threshold to Obtain an Allocation 23 24 Dints
• ..~ • ~ .-
Criteria Points Multiplier Potential
Available Score
a Im CtS on Public and Private Facilities
1 Storm Draina a 0-2 1 2
2 Fire Protection 0-2 1 2
3 Road S stem 0-2 1 2
4 Transit/Trails 0-2 2 4
b Quali of Desi n
1 Site Desi n 0-2 2 2
2 Parkin and Circulation 0-2 2 4
3 Visual Im acts 0-2 2 4
4 Guest Amenities 0-2 1 2
c Achievement of Commun' Goals
1 Affordable Housin A-2 0-3 2 4 6
2 Alternative Trans ortation Modes 0-2 2 4
Total Points Available ~ 34 Dints
Minimum Threshold to Obtain an Allocation 24 26 Dints
R( !
6-70: TRANSFERABLE DEVELOPMENT RIGHTS SYSTEM
6-TO-10: GENERAL
The Transferable Development Rights (TDR) System is used to move development rights from
defined "Sending Sites" to other defined "Receiving Sites" through private market purchase and
sale transactions, pursuant to the standards in this section. The TDR system is summarized in
Land Use Code
July 2006
Pitkin County, Colorado
Page 35
CHAPTER 7: DEVELOPMENT STANDARDS
7-20: Rural Character, Environmental Protection, and Natural Hazards
7-20-10: Sife Preparation and Grading ORO. 024-2007
~_,
(3) A permitted Administrative Modification would not bring the application into compliance with
this Land Use Code and the Pitkin County Comprehensive Pian.
Because the full impacts of a proposed development or activity can only be determined at the
time of Site Plan review, this review will normally not occur if the applicant requests approval of
an Activity Envelope alone, but will be reserved until submission of a Site Plan.
7-20: RURAL CHARACTER, ENVIRONMENTAL PROTECTION, AND
NATURAL HAZARDS'
7-20-10: SITE PREPARATION AND GRADING
(a) Grading and Fill Placement
Grading and filling an a site shall take place only within a defined Activity Envelope. All grading
and fill placement that exceeds fifty (50} cubic yards shall be indicated on the Site Plan.
(b) Clearing, Grubbing, and Vegetation Removal
Clearing or grubbing of land, or removal of vegetation shall take place only within an approved
Activity Envelope, except removal of noxious weeds and 10 or fewer dead or diseased trees that
create a hazard may occur outside of an Activity Envelope. Each Site Plan shall document
compliance with the requirements of this Sec. 7-20-10(b} and Sec. 7-20-130.
(c) Tree Removal and Mitigation
Each tree with six (6) inches or larger diameter at breast height {D. B. H.) that is removed within
the Activity Envelope shall be replaced with one (1 } or more trees with total D.B.H. at least equal
to the caliper(s) of the tree(s) removed, to the maximum extent practicable. Any tree that (i) is
diseased, or {ii) is required to be removed pursuant to the provisions of Sec. 7-20-60, as those
requirements may be varied by a wildfire expert approved by the County, may be removed and
no replacement shall be required. All revegetation shall also comply with the Pitkin County
Revegetation Guidelines. Required replacement trees that do not survive for at least one (1) year
after installation shall be replaced at the owner's expense, and the County may require financial
security for such replacement pursuant to Sec. 7-20-130(b)(7),
(d) Protection of Natural Terrain
The County Planninfl Engineer or Community Development Director shall suggest and may
require design and construction techniques that lessen or mitigate any physical and visual
damage caused by the proposed activity or development to Constrained Areas or to the natural
terrain, stream vegetation, and other natural features of the landscape within the Activity
Envelope. Techniques shall include, but are not limited to:
(1) REVEGETATION
Revegetation and reforestation utilizing native or similar horticultural material, to be
completed during the first planting season after construction; where vegetation is removed, it
shall be replaced with vegetation that will reach similar density and height to that removed
within two (2) years following conclusion of construction.
(2) TOPSOIL
Removing and saving topsoil prior to any grading or excavating and replacement for
revegetation.
(3) WEED PREVENTION
Weed prevention, thistle management, and prohibition of non-native plants, which may
include reducing animal damage to vegetation cover, as determined by the United States
Soil Conservation Service Soil Survey.
Land Use Code
July 2006
Pitkin County, Colorado
Page11 ;t
3
CHAPTER 7: DEVELOPMENT STANDARDS
7-20: Rural Character, Environmental Protection, and Natural Hazards
7-20-40: Floodplain Hazards ORD. 0242007
(2J PREVENTING LEAKAGE
Ensure that no building shall be constructed immediately downhill of a ditch unless the ditch
can be placed in a culvert, lined, ar otherwise treated to avoid leakage of water downhill
towards the building.
(3) AVOID FLOODING
Design land uses to avoid flooding problems from flood irrigation.
(4) AVOID SEEPAGE
Place basements and soil absorption on-site wastewater treatment systems in locations
where they will not be impacted by flood irrigation or seepage from irrigation ditches.
{g} Sedimentation
Activities and development shall:
(1) CONTROL DURING CONSTRUCTION
Provide adequate sedimentation control throughout all phases of development.
(2) SEDIMENTATION
Retain sediment produced by soil disturbances on site where the disturbance occurs and
prohibit run-off into any water body, wetlands, or riparian area.
(3) REVEGETATlON
Revegetate clearing and grading as soon as possible, but in no event longer than one
growing season after conclusion of development on a site.
(h} Water Quality
(7) All land uses shall comply with those setbacks required by Sec. 7-20-80 and those setbacks
required by Table 5-1.
(2) Activities and development shall comply with all state and federal statutes and regulations
concerning the protection and enhancement of water quality (including but not limited to the
requirements of all state and federal permitting programs).
(3) Activities and development shall be consistent with maintenance of the Stream
Classifications for the Roaring Fork River watershed, as identified in Section 208 of the
Roaring Fork Watershed Management Plan, and shall comply with state regulations
pertaining to maintenance of those classifications.
(i) Efficient Water Use
Activities and development shall emphasize the most efficient use of water, including, to the
extent permissible under law, the re-cycling and reuse of water
~~
7-20-40: FLOODPLAIN HAZARDS
(a) Floodplain Maps
(~) ~ ~ , t The standards in this section apply
to mapped floodplain hazard areas as depicted in the Federal Emergency Management
Agency (FEMA) Flood Insurance Rate Map, National Flood Insurance Program (June 4,
1987, and including any subsequent amendments to that map) and areas determined by the
County Floodplain Administrator to be in flood hazard areas.
(2) Where a property owner believes that the mapped floodplain hazard areas shown on the
FEMA Flood Insurance Rate Map are inaccurate, the property owner may request that
FEMA process an amendment to that map, or may present alternative mapping to the
County FI lain Administrat r ~ifleef, wha may accept such mapping as an indication
of the floodplain area only if the County 6r~~iaeef Floodplain Administrator believes the
alternative mapping to be more accurate than the FEMA Flood Insurance Rate Map.
Land Use Code
July 2006
Pitkin County, Colorado
Page19
3
CHAPTER 7: DEVELOPMENT STANDARDS
7-20: Rural Character, Environmental Protection, and Natural Hazards
7-20-40: Fooodplaln Mazards ORD. 024-2007
(3) Where the 100-year or intermediate regional flood has not been established, a property
owner may conduct a floodplain study to determine the boundaries of the floodplain. The
property owner should consult with the County 1=r~ifleeF Fooodplain Administrator to
determine the appropriate methodology far the floodplain study.
(4) Where the 100-year or intermediate regional flood has not been established by the FEMA
Flood Insurance Rate Map pursuant to subsection (1) above, or by a property owner study
pursuant to subsection (3) above, this regulation shall apply to all lands within an area that is
twenty (20) horizontal or five {5} vertical feet (whichever land area is greater) from the
existing high water line on any river, stream or material drainage channel, and any area that
the County Flood Plain Administrator determines to be a flood hazard area.
(5} It shall be the burden of the applicant to demonstrate that the property seeking development
approval is not within a floodplain hazard area.
ment is prohibited within the 100-year floodplain except as specifically
permitted in this subsection (b) or by subsections (c), (d), or (e) below. All permitted activity
(2} Within the 100-year floodplain, no use, fill, construction, excavation, embankment, or
' alteration on or over any portion of the floodplain shall be permitted that would result in any
of the following:
(a) The storage or processing of materials that in times of flooding are buoyant, flammable,
explosive, or otherwise potentially injurious to human, animal or plant life.
(b} The disposal of garbage or other solid waste materials.
(c) The human occupation of structures either fixed or mobile, permanent or temporary.
(d) Substantial solid debris being carried downstream by floodwaters.
(e) Any obstruction that would impair the flow or storage capacity of a floodplain 5o as to
cause foreseeable damage to others either within or outside of floodplain boundaries.
(~ A substantial increase in sedimentation or erosion.
(g) The infiltration of floodwaters into on-site water supply and wastewater disposal
systems that would impair their functioning or pollute the stream.
(h} Damage to or destruction of aquatic ecosystems, including but not limited to, wetlands
and riparian habitat areas.
{c) Floodplain Hazards -Uses Permitted
The following uses shall be permitted in a floodplain area to the extent that they are not prohibited
by any other regulation and they comply with the guidelines set forth in subsection (b} above.
(7) Agricultural uses such as general farming, grazing, forestry, sod fanning and wild crop
harvesting.
(2) Identified and approved public and private recreational uses are permitted in the floodplain
only if the approved uses do not cause a concentration of people in such areas during high
flood hazard probability. Any structures associated with such uses shall be subject to the
provisions of subsection (b) above. Terrestrial and aquatic habitat restoration activities shall
also be an allowed use in the floodplain, provided that the BOCC makes a finding that the
restoration project has been designed for the purpose of restoring, or preventing further
degradation of the natural, dynamic functions of the river, stream, ar other body of water, the
applicant shall be required to provide sufficient scientific information to establish both the
existence of pre-restoration degradation and the scope and desirability of the post-
Land Use Code
July 2006
Pitkin County, Colorado
Page20 ~~
f ~ ~/
(b) General Standards
(1) All activity and develop
r~..~.~
CHAPTER 7: DEVELOPMENT STANDARDS
7-20: Rural Character, Environmental Protection, and Natural Hazards
7-20-40: Ftoodplain Hazarnfs ORD. 024-2007
restoration improvements. Acceptable scientific information may include, but is not limited
to, information on channel hydrology, site geomorphology, streambed characteristics,
macroinvertebrate populations, and fish populations. Applicant must also demonstrate that
the scientific information provided has been generated by an individual(s) or legal entity (ies)
qualified to render an assessment in all pertinent subject areas. This demonstration may be
provided in the form of a curriculum vitae {CV) for an individual, a company resume of
project experience, personnel certifications and licenses, etc., or any other manner
reasonable under the circumstances.
(3J Bridges or other structures for irrigation, drainage, flood control, hydropower, or water
diversion may be allowed upon approval of plans and specifications by the County €agiaeeF
Floodolain Administrator and Community Development Director, provided they are
engineered to prevent blockage of drainage channels during peak water flows and their
placement does not result in the loss of wetlands or riparian areas. All structures shall be
required to clearspan the waterway to the maximum extent practicable.
(d) Redstone Townsite Ftoodplain Exemption Area
Because of the extensive historical development within the floodplain of the Redstone Townsite,
the public interest in providing incentives for the preservation of the historic character of the
Townsite, and the determination that the floodplain will not be unduly impacted, any property
within the Redstone Townsite zoned Village Commercial or Village Residential shall be allowed to
develop within the floodplain, subject to the following development standards:
(7J NO ALTERNATIVE BUILDING SITE
If there is no alternative building site on the property, development may be approved subject
to compliance with the minimum development standards set forth in Sec. 7-20-40(e).
(ZJ BUILDING SITE WITH FEWER IMPACTS
If the building site proposed creates fewer impacts than if the development was limited
exclusively to an area outside of the 100-year floodplain, development may be approved
subject to compliance with the minimum development standards set forth in Sec. 7-20-40{e}.
(e) Standards if No Hazard-Free Area Exists
In the event that an application is denied because there is no hazard-free area on a site, and an
appeal is granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 240-150, the
proposed activity or development shall be reviewed according to subsection (a) above and the
following standards:
(7J New residential structures, and any additions to existing residential structures, shall have the
lowest floor, including the basement, elevated one (1) foot or higher above the base flood
level.
(Z) New commercial, industrial, or other non-residential structures, and any additions to the
same shall either have the lowest floor (including the basement) elevated to the level of the
base flood elevation; or, together with attendant utility and sanitary facilities, shall:
(a) Be flood proofed so that below the base flood elevation the structure is watertight with
walls substantially impermeable to the passage of water, and
(bJ Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy; and
(3) New commercial, industrial, or other non-residential structures, and any additions to the
same shall be certified by a registered professional engineer licensed in the State of
Colorado or architect that the design and methods of construction are in accordance with
accepted standards of practice for meeting the provisions of this section. Such certifications
shall be provided to the Pitkin County Ftoodplain Administrator.
(July, 200b, O-d No. 14-D, 2006 - § 7-20-40 Amended (part) by Oral 24-2008)
Land Use Code
July 2006
Pitkin County, Colorado
Page29 1~
J
CHAPTER 7: DEVELOPMENT STANDARDS
7-20: Rural Character, Environmental Protection, and Natural Hazards
7-20-60: ~l~re Hazards ORD. 0242007
(j} Exceptions
Construction of non-motorized, public trails on land owned or held in easement by a public or
non-profit organization shall be reviewed through the Site Plan process, but shall be exempt from
the standards for development in geologic hazard areas, provided that such trails shall be subject
to any other applicable regulations of this Land Use Code and the following provisions:
{7) No non-motorized, public trail shall be permitted in a geologic hazard area that would subject
occupants or users of the area to hazardous conditions; create or worsen such conditions
affecting other developments, activities and lands; subject other persons or the County to
dangers or expenses required to mitigate such hazardous conditions, respond to
emergencies created by such conditions or rehabilitate the improvements, activities and
lands.
{2) All non-motorized, public trails in geologic hazard areas shall avoid avalanche hazard areas,
and shall be constructed in such a manner as to mitigate the hazard to public health and
safety or to property due to geologic hazards.
7-20-60: WILDFIRE HAZARDS
This section establishes the standards for development in wildfire hazard areas. The level of
hazard is determined primarily by grade or slope and continuity of fuels. As a general guideline,
low hazard is located on slopes of zero to twenty (0-20) percent with discontinuous fuels;
moderate hazard is located on slopes of ten to twenty (10-20) percent with continuous fuels, or on
slopes greater than twenty (20) percent with discontinuous fuels; and severe hazard is located on
slopes of greater than twenty {20) percent with continuous fuels.
(a) Wildfire Hazards Map
Areas of "Severe Wildfire Hazard" and "Low to Medium Wildfire Hazard" are designated on the
Pitkin County adopted Wildfire Hazard Area Maps, which are maintained in the Community
Development Department. However, the maps are only a general reference, and actual wildfire
hazards shall be field verified. In the event field verification identifies areas of wildfire hazard not
identified on such maps, the provisions of this Sec. 7-20-fi0 shall apply to such areas. In each
case where an applicant's property is located partially or entirely within an area of "Severe
Wildfire Hazard" ," a wildfire expert acceptable to the County
shall visit the property to evaluate the level of risk in more detail. The wildfire expert may confirm
the levels of risk indicated on the Wildfire Hazard Area Maps, or may recommend that all or a
portions} of the site be reclassified to a higher or lower level of wildfire risk. In addition, the
wildfire expert shall make recommendations regarding any mitigation measures that should be
implemented in light of the proposed activity or development, and such recommendations shall be
considered by the County in the Site Plan process.
(b) Wildfire Hazard Area Delineation and Activity Envelope
If requested by the Community Development Department during apre-application conference, the
Site Plan shall delineate -all areas of "Severe Wildfire Hazard" and "Low to Medium Wildfire
Hazard" within the Activity Envelope and within one hundred {100) feet outside the Activity
Envelope. In the case of varying hazard levels within the Activity Envelope, it shall be sufficient to
label the entire Activity Envelope with the highest level hazard existing in any part of such area.
The Activity Envelope should be designed to avoid areas of "Severe Wildfire Hazard", and to
mitigate wildfire hazards in areas of "Low to Medium Wildfire Hazard" as set forth in this Sec. 7-
20-60. All wildfire mitigation and creation of defensible space shall occur within the Activity
Envelope.
(c) Standards Applicable to All Wildfire Hazard Areas
Development is allowed in wildfire hazard areas subject to conformance with the following
development standards, (which may be varied upon recommendation by the wildfire expert), and
conformance with the additional standards in subsection (d} as applicable.
Land Use Code Pitkin County, Colorado
July 2006 Page25 ~~
~9
CHAPTER 7: DEVELOPMENT STANDARDS
7-20: Rural Character, Environmental Protection, and Natural Hazards
7-20-80: River and Stream Corridors and Wetlands ORD. 024-2007
(4) REDUCED SETBACKS
(a) Site Speck Factors -New Development Activity
Where an applicant is seeking a reduction in the one hundred (100) foot
riparian/wetland setback specified in subsection (a)(2)(a) above, a site specific analysis
shall be submitted to prove that there is no area on the property that can be used for
development outside of the one hundred {100) foot setback, without encroachment into
the following area{s} prohibited from development in Section 7 of the Land Use Code:
1. Slope;
2. Geologic Hazard
3. Severe Wildfire; and
4. Wildlife Habitat
In the event that no developable area exists outside of the 100 foot setback, the
applicant shall provide an analysis demonstrating compliance with the following criteria
as well as any other criteria specified by Pitkin County, as part of the Site Plan or
Activity Envelope application for the proposed development or activity:
1. Slopes adjacent to the protected feature are less than thirty (30) percent.
2. Highly erodible soils or unstable stream bank conditions are not present.
3. The proposed use of the property does not present a special hazard to water
quality or wetlands (e.g., storage or handling of hazardous or toxic materials).
4. The one hundred (100) year or intermediate regional flood zone does not
encroach into the setback reduction requested.
5. Trees, shrubs, or other natural features that provide for stream bank stability,
enhance wildlife or aquatic movement within a stream corridor, provide habitat
enhancement for acquatic environments and riparian area protection do not exist.
Or will be unaffected by the proposed activity or development within the setback
reduction being requested.
6. Habitat for plant, animal, or other wildlife species listed as threatened or
endangered by the United States Fish and Wildlife Service does not exist within
the setback reduction being requested.
7. Habitat far plant, animal, or other wildlife species listed by the State of Colorado
as rare, threatened, or endangered, species of special concern, or species of
undetermined status does nat exist within the setback reduction being requested.
8. The area within the setback reduction being requested is not needed to prevent
or minimize flood damage b preserving storm and flood water storage capacity.
9. The area within the setback reduction being requested is not needed to protect
fish spawning, breeding, nursery and feeding grounds.
10. The area within the setback reduction being requested is not needed to preserve
areas of special recreational, historical, archeological, scenic, or scientific
Interest. July, 20x6, Oror. No. J4-D, 2006 - § 7-20-80 Amended {part) by Ord 21-2007
r
3 ~~
(b)
Land Use Code
July 2006
Pitkin County, Colorado
Page38
3l
Site Specific Factors - Reclamation of Previously Developed Areas
Where an applicant is seeking a reduction in the one hundred (100) foot ~
ri rian/wetland setback specified in subsection (a)(2){a) above for purposes of
CHAPTER 7: DEVELOPMENT STANDARDS
7-20: Rural Character, Environmental Protection, and Natural Hazards
7-20-90: lrrigafed Lands for Food or Crop Production ORD. 024-2007
(4) Development shall incorporate specific measures designed to reduce erosion and prohibit
sedimentation; no development that will increase stream sedimentation and suspension
loads shall be permitted.
(i5) Development shall comply with Sec. 7-20-30 and those stream setbacks contained in Table
5-1.
(8) Removal or disturbance of vegetation in riparian and wetland buffer areas shall be avoided
to the maximum extent practicable.
(7) Areas where vegetation in wetland or riparian buffer areas is disturbed or removed shall be
revegetated as quickly as possible, but in no event later than one growing season following
conclusion of construction activities in the area.
(8} Channelization of streams is prohibited; development shall be designed to fit the channel
rather than allowing changes in the channel in order to fit the development.
(9) Perennial stream channels shall be bridged whenever possible; when this is not practicable,
culverts shall be designed to avoid plugging and prevent washouts.
(10} Development 5ha11 not result in the raising of water temperatures.
(17) Alterations to stream channels (including their capacity, filling and dredging} shall be
prohibited unless it has been satisfactorily demonstrated, through site-specific scientific
study and analysis (including an evaluation of all upstream and downstream impacts), that
the proposed channel work will improve the dynamic stream channel function, the habitat for
a diversity of species, and that future and historical public uses, such as stream navigation,
recreation, and aesthetics are not diminished by the proposed channel improvements. All
approved stream work must be permitted. Acceptable scientific information may include, but
is not limited to, information on channel hydrology, site geomorphology, stras~~ed- tubed
characteristics, macroinvertebrate populations, and fish populations. Applicant must also
demonstrate that the scientific information provided has been generated by an individual{s}
or legal entity (ies) qualified to render an assessment in all pertinent subject areas. This
demonstration may be provided in the form of a curriculum vitae (CV) far an individual, a
company resume of project experience, personnel certifications and licenses, etc, or any
other manner reasonable under the circumstances.
(July, 2006, Ord. No. 14-D, 2008 - § 7-20-80 Amended (pan:) by Ord 021-2007; Ord 024-2008)
7-20-90: IRRIGATED LANDS FOR FOOD OR CROP PRODUCTION
The Activity Envelope shall be defined to ensure the preservation of at least ninety-five {95)
percent of the acreage historically used for production of food for humans, or hay, grain and other
feed crops for livestock. If compliance with that standard would require a dwelling or other
structure to be constructed in another Constrained Area that would create an inconsistency with
this Land Use Code or the Pitkin County Comprehensive Plan then the standard may be reduced
to require preservation of at least eighty-five (i35) percent of such acreage and may condition
such adjustment in the standard on location of the structure where it allows substantially greater
compliance with other standards in this Land Use Code. Adjustment of this standard shall be at
the discretion of the County, not the applicant.
7-20-700: HISTORIC PRESERVATION
(a) Purpose and Intent
The purpose of this Sec. 7-20-100 is to promote the genera! welfare by providing for the
recognition, protection, enhancement, perpetuation and continued use of historic sites, structures,
buildings, features and areas that contribute to the unique quality of the landscape in Pitkin
County for the following reasons:
Land Ilse Code Pitkin County, Colorado
July 2005 Page39 ~~
3~
CHAPTER 7: DEVELOPMENT STANDARDS
7-20: Rural Character, Environmental Protection, and Natural Hazards
7-20-120: Scenic mew Protection ORD. 024-2007
3.~.
~u1 vCnara~ atanaaras
Development within Archaeological Resource Areas shall minimize damage to known
archaeological sites and shall demonstrate that the proposed activity will enhance the meaning of
a archaeological site as representative of a period, style, occasion or unique activity
7-20-120: SCENIC VIEW PROTECTION
Preservation of the character of Pitkin County requires careful attention to the visible impacts of
proposed development. In general, the standards of this Sec. 7-20-120 are designed to minimize
the visual impact of new development (including expansions to existing structures} when viewed
from designated road corridors, as well as to preserve the rural character of ail Rural Areas of the
county. Scenic View Protection Areas shall be considered at the time of Site Plan approval and
Building Permit issuance.
{a) Intent
The intent of this Sec. 7-20-120 is:
(7) To establish a Scenic View Protection Area that includes lands that are proximate to and
most visible from specific roads in the County, with specific concerns for the areas that
constitute the visual entrance "image" and passage through Aspen and Pitkin County as well
as views of ridgelines from those roads.
(2} To maintain a natural ridgeline silhouette against the sky and to steer development away
from ridgelines and skylines throughout the County as viewed from public roadway corridors.
(3) To insure that new development is designed and located to complement the natural
landscape and the natural features within the public viewplane in order to achieve an
aesthetically pleasing, rural atmosphere.
(4} To reduce visual damage to the natural landforms and views throughout the County.
(b) Applicability
(7) All areas. shown an the County's Scenic View Protection Area maps, which are maintained in
the Community Development Department, shall comply with, the standards of subsection (d)
below. The Scenic View Protection Area map includes scenic foreground areas, public
viewplanes, and ridgelines. The mapped areas are identified as viewed from the following
rights-of-way:
(a) State Highway 82;
(b) Brush Creek Road;
(c} Capitol Creek Road;
(d} Snowmass Creek Road;
(e} State Highway 133;
(~ Frying Pan Road;
(g) Castle Creek Road;
(h) Maroon Creek Road;
(i} West and East Sopris Creek Roads;
(j) Owl Creek Road;
{k) Upper and Lower River Roads;
(/) McLain Flats Road; a~
(m) Woody Creek Road.
Land Use Code
July 2006
Pitkin County, Colorado
Page48
`~ i
"1~
CHAPTER 7: DEVELOPMENT 5TANDARDS
7-20: Rural Character, Environmental Protection, and Natural Hazards
7-20-120: Scenic View Profection ORD. 0242007
(n) Emma Road;
(o) Coal Creek Road:
(p) Thomason Creek Road (North. Middle, and South Forks);
(t~ Watson Divide Road:
(r) Prince Creek Road: and
(s} Lime Creek Road
(2) All development in the Rural Area shall be sited in consideration of the rural character
guidelines of subsection (e) below.
{c) Exemptions
These standards shall not apply to:
(7) Activity or development that is covered by a valid building permit.
{2) All interior remodels that do not change any outside visual aspect of the structure.
(3) Lats within platted subdivisions approved by the County, which have designated Activity,
Building or Development Envelopes, unless the terms of the approval require ridgeline or
scenic review prior to construction,
(4) Any proposed development for which the Community Development Director determines that:
(a) The proposed development is not visible from those rights-of-way listed in subsection
(b} above; or
(b) A proposed addition to or remodel of an existing structure has been located to minimize
perceived mass when viewed from those rights-of-way listed in subsection (b} above.
For purposes of this section, visible means that a structure or use is discernible to the naked eye
from the designated roadway.
{d) Standards for Development Within Scenic View Protection Areas
All non-exempt development located within a mapped Scenic View Protection Area shall comply
with the following standards.
{1) The proposed development shall utilize existing topography and natural vegetation, such as
ridges, hills, and existing trees, to screen buildings to the maximum extent practicable when
viewed from those right-of-way listed in subsection {b) above.
{2) The proposed development shall avoid the location of structures within the Scenic View
Protection Areas, and shall avoid the location of structures within any Viewplane identified in
the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan if
possible. If location outside the Scenic View Protection Area and defined Viewplanes is not
practicable, then the proposed development shall not be located on the highest ground or
most visible portion of any site as viewed from those corridors listed in subsection {b) above.
(3) The proposed development's height and bulk shall be designed to avoid, to the maximum
extent practicable, the visibility of buildings from those corridors listed in subsection (b}
above. This may include, but shall not be limited to, breaking the mass of the building down
into a series of smaller forms, articulation of the building fagades to avoid a wall or row
effect, and staggering rooflines to avoid a long unbroken plane.
(4J The proposed structure shall be placed so it does not project above a ridgeline such that a
structure silhouettes against the sky when viewed from those corridors listed in subsection
(b), unless there are no alternate building sites on the lot or parcel.
Land Use Code Pitkin County, Colorado
July 2006 Page49 + !'j/
{
CHAPTER 9: NON-CONFORMITIES
9-50: Repairs, Restoration, RECONSTRUCTION, REPLACEMENT, REMODEL, ADDITIONS and Alterations
to non-conforming structures Outside the VC and VR Zone Districts
9.50-30: Restoration or Expansion ofNon-conforming Structure or use nth 5lgnificanf Changres
a. The Environmental Health/Natural Resources Department finds that the related septic
system or other wastewater treatment system may be adequately accommodated without
detriment to the wetland/riparian stream habitat:
b. No Transferable Development Rights (TDRs} shall be used on site for any purpose;
c. There shall not be removal of vegetation or other existing visual buffers between the
proposed structure and the stream.
d. Expansion shall be limited to one additional floor directly over the existing footprint of the
structure (footprint does not include appurtenant decks) (subject to aA applicable Code
provisions, including standard maximum height restrictions defined in Table 5-1A,
Dimensional Requirements."); and
e. Expansion shall be limited to above-grade space only.
Addition of height and bulk shall be subject to approval of a construction management plan by
the Pitkin County Planning Engineer, and any other applicable permits.
{3) Notwithstanding paragraphs (1} and (2) above, any residential structure that is legally non-
conforming with respect to riparian/wetland setbacks is permitted aone-time total 300 sq. ft.
above grade attached expansion without requirement of a demonstration that no developable
area exists outside of the 100 foot setback area. This expansion must maintain at least a 50 foot
riparian/wetland setback, and there must be demonstration to the satisfaction of the
Environmental Health/Natural Resources Department that the expansion can be sited without
detriment to the wetlandlriparian habitat. A riparian/wetland mitigation plan that outlines
improvement and/or restoration of the subject property may be required to be submitted to the
Community Development Director for review, approval, and implementation as part of this
analysis in order to obtain this exemption.
Jufy, 2006, Ord. No. 14-d, 2006 - § 9-SO-20 amended (part) by Orrl 2?-2007; Ord 024-2008
9-50-30: RESTORATION OR EXPANSION OF NON-CONFORMING STRUCTURE
OR USE WITH SIGNIFICANT CHANGES
The Board of County Commissioners may permit modifications to anon-conforming structure or use
that does not meet the standards of Sec. 9-50-20, subject to compliance with the standards in this
section.
(a) Adverse Impacts and County Land Use Policies
The Board of County Commissioners finds that any adverse impacts of the non-conforming use or
structure on the neighborhood or the County as a whole and any inconsistencies with County Land
Use Policies in Chapter 1 to be tolerable.
(b} Consistency with Master Plans
The structure ar use is generally consistent with adopted master plans for the area and adjacent land
uses.
(c) Building Code Standards, Hardships or Improvements to Function and
Appearance
The applicant demonstrates that the purpose of the development is to:
Land Use Code Pitkin County,. Colorado
_ July 2006 Page 7 ~~
<,~
CHAPTER 11: DEFINITIONS
11-10: Definitions
BASE MAXIMUM SI7~-~ FLOOR AREA means the largest dwelling unit that may be constructed on
the lot or parcel pursuant to Table 5-1 without the approval of a GMQS allocation to increase the
dwelling unit size, and without the purchase of TDRs to increase the dwelling unit size.
BASEMENT means that portion of a structure, fifty (50) percent or more of which is below natural
grade.
BATH FACILITY means facilities containing plumbing and/or fixtures installed or arranged to permit
human bathing, which may include a bathtub, shower, handheld shower hose, or similar fixture.
BED AND BREAKFAST means the provision of short term incidental room and board in a dwelling
unit as an incidental use to that of its occupancy as a dwelling unit.
BEDROOM means a room that can be used for sleeping, has closets and adjacent access to bath
facilities.
BLACKSMITHING means the fabrication of metal objects used in agriculture or for architectural
detailing, fences, railings, and similar items.
BOARD means the Board of County Commissioners of Pitkin County, Colorado
BOARD OF ADJUSTMENT means the Pitkin County Board of Adjustment.
BREEZEWAY means a covered walkway that connects portions of the same structure or connects a
principal structure to an accessory structure or use. A breezeway shall not be allowed, used, or
designed to separate dwelling units or to create two (2} or mare independent dwelling units from a
single dwelling unit.
BUILDING means any structure, designed or built for the support, enclosure, shelter, or protection of
persons, animals, chattels or property of any kind. A building includes yurts, tepees, removable
sheds, and similar uses, but does not include signs or fences as provided in subsection D in the
definitions of "Development' within this section.
BUILDING HEIGHT -see Sec. 5-20-80.
BUILDING INSPECTOR means that person performing the duties of the Chief Building Official or
other senior County official responsible for implementation of the building code then in effect, or the
designee of the Chief Building Official.
BUILDING MATERIALS AND LANDSCAPING means a primary use of the land that includes the
storage, repair, manufacture, rental and/or sales (including contract or subcontract installation} of
such items as cabinets, kitchen appliances, plumbing fixtures, electrical fixtures, saunas, Jacuzzis,
pools, glass, furniture, office equipment, sheet metal, roofing, carpet and tile, decorative steel,
masonry, sheetrock, paints, insulation, concrete products, solar energy equipment nursery stocks,
hardware, lumber, wholesale and catalog sales operations, landscaping, and yard equipment and
supply dealers, or the operation of a business related to such items, and that does not meet the
definition of a home occupation.
BUILDING PERMIT means a permit issued by the Building Division of the Community Development
Department that authorizes an owner or authorized agent to construct, alter, repair, move, demolish.
BUS STOP OR TRANSIT FACILITY means a facility where public transit ar shuttle bus may pick up
or drop off passengers, or where bus routes cross and passengers may change from one route to
another. A bus stop may include a transit facility, where public transit vehicles other than busses may
Land Use Code Pitkin County, Colorado
July 2006 page g
,~j~~.
`i~
CHAPTER 11: DEFINITIONS
11-10: Definitions
EMPLOYEE HOUSING GUIDELINES means those written guidelines, policies, and definitions of
terms related to the construction, provision, and or management of affordable housing units, and the
calculation of affordable housing obligations, prepared by the Aspen/Pitkin County Housing Office, as
adopted and amended from time to time by the Board of County Commissioners.
ENDANGERED SPECIES means those species designated by the Federal Government or the State
of Colorado as any species that are in danger of extinction throughout all or a significant portion of its
range as that definition may be amended by federal government laws or regulations from time to time,
other than a species of the Class Insects determined by the Federal Government or State of
Colorado to constitute a pest whose protection under the provisions of this. Act would present an
overwhelming and overriding risk to man.
ENGINEER means a registered professions! engineer, licensed by the State of Colorado.
ENTERTAINMENT AND RECREATION is a use category including uses that provide indoor or
outdoor recreation or entertainment activities. Accessory uses may include concessions, snack bars,
parking, and maintenance facilities. This is a Use Category that includes uses like, but not limited to,
the following: "Adult Entertainment Establishment", "Alpine Ski Area & Support", "Amusement or
Entertainment Establishment", "Campground°, "Golf Course", "Nordic Ski Area and Support
Facilities°, "Outdoor Recreational, Other", "Riding Stable or Academy", and other uses that the
Community Development Director determines belong in this Use Category.
EVAPORATION, when used in the context of oil and gas extraction, means an excavated pit used for
storing and evaporating wastewater produced in degasification activities, during drilling or production,
or both, sometimes lined.
EXPANSIVE SOIL AND ROCK means soil and rock that contains clay and that expands to a
significant degree upon we#ting and shrinks upon drying.
EXTRACTOR means any person or entity, private or governmental, that extracts mineral deposits.
FAMILY means two (2) or more persons related by blood or marriage, or between whom there is a
another legally recognized relationship, or not more than five (5) unrelated persons occupying the
same dwelling unit.
FAR. See FLOOR AREA RATIO
FARM BUILDING means any building or structure used for agricultural purposes and not listed as a
separate use in this Land Use Code, including but not limited to sheds, barns, corrals, and agricultural
well structures.
FARMING means the raising of agricultural products for consumption or commercial sale. Products
may include, but are not limited to, vegetables, grains, fruits, plants, Christmas trees, nursery stock,
sod, and other similar products. Accessory uses to farming may include a wholesale farm and ranch
co-op.
FATHERING PARCEL OR ORIGINAL PARCEL means any legally created lot or parcel of land tha#
was owned in single and separate ownership prior to land division or subdivision.
FENCE means a structure that serves as a barrier intended to prevent escape or intrusion, to mark a
boundary, to shield or screen from view, or to serve any similar purpose.
FINAL MAXIMUM SiZi-~ FLOOR AREA means the largest dwelling unit that may be constructed on
the lot or parcel pursuant to Table 5-1. GMQS allocations shall not be granted far structures larger
Land Use Code Pititin County, Colorado /
July 2006 yj
Page 17
CHAPTER 11: DEFINITIONS
11-10: Definitions
than the final maximum size, and TDRs may not be purchased to increase a dwelling unit beyond the
final maximum size.
FINAL PLAT means a subdivision map approved by the County for recording with the County Clerk
and Recorder, that fully conforms to the requirements of this Land Use Code.
FINANCIAL INSTITUTION means an establishment that provides retail banking services, mortgage
lending, or similar fnancial services to individuals and businesses. This classification includes those
institutions engaged in the on-site circulation of cash money and check-cashing facilities, but shall not
include bail bond brokers. The establishment may or may not have drive-through facilities depending
on the zone district in which it is located.
FINISHED GRADE means the elevation of the ground surface following development activity.
FIREWOOD SPLITTING, COMMERCIAL means an area where timber is located, prepared and
stored for sale, primarily by delivery, to the public for use as fireplace wood.
FLOODPLAIN means:
A. An area adjacent to a watercourse, which area is subject to flooding as the result of the
occurrence of an in#ermediate regional flood and which area thus is so adverse to past, current or
foreseeable construction or land use as to constitute a significant hazard to public health and safety
or to property. The term includes, but is not limited to:
1. Mainstream floodplains.
2. Debris-fan floodplains.
3. Dry wash channels and dry wash floodplains.
B. Where the intermediate regional flood has not been determined, floodplain shall mean an
area that is five (5) vertical feet or twenty (20) horizontal feet, whichever is greater, from the high
water line or the high water profile of the maximum flood of record, whichever method of computation
is greater, on any river, stream, or natural drainage channel.
FLOOR means the top surface of an enclosed area in a building; i.e., the top of the wood flooring in
wood frame construction. The term includes the floor of an area used for garages, indoor parking
areas, storage accessways, breezeways, stairs, elevator shafts, basements and accessory uses and
structures.
FLOOR AREA -see Sec. 5-20-70.
FLOOR AREA RATIO means the floor area of the building or buildings on a lot divided by the total lot
area.
FOOT-CANDLE means a measurable industry standard equivalent to one (1) lumen (a measure of
light) per square foot. No commercial property or properties containing mixed uses wi#h a commercial
component may exceed twenty (20) foot candles as measured three (3) feet above grade
(approximate waist height).
FRACTIONAL FEE means a tenancy in common interest in improved real property created or held by
two (2) or more persons, partnerships, corporations, or joint ventures (and similar entities) wherein
the joint tenants have formally or informally arranged (by oral or written agreement or understanding)
for the preferred or exclusive use by one (1) or more of the tenants in common during specified
periods of time. -
Land Use Code Pltkin County, Colorado
July 2006 Page 18
~I
ORDINANCE OF THE BOARD OF COUNTY COMNIISSIONERS OF PITHIN COUNTY,
COLORADO, AMENDING THE 2006 LAND USE CODE FOR VARIOUS LAND U5E
CODE AMENDMENTS
Ordinance No. - 2009
RECITALS
1. Pitkin County Community Development Staff has initiated numerous Land Use Code
amendments to amend the Pitkin County Land Use Code (PCLUC) in effort to more effectively
address development in the County. Amendments will need to be made to Chapters 2-7 and 8-9.
2. The Planning and Zoning Commission reviewed the proposed amendments at a regularly
scheduled meeting on April 14, 2009. The Commission voted in favor of 21 of the proposed 22
Code amendments to recommend approval to the BOCC.
The BOCC reviewed the application at ls` Reading at a duly noticed public hearing on June 10,
2009 and at a duly noticed public meeting on June 24, 2009. Evidence and testimony were
presented with respect to this application.
4. The BOCC finds that this Code Amendments are consistent with Pitkin County's goals and
policies regarding land use and development in the County.
5. The BOCC further finds that the amendments to Chapters 2-7 and 8-9of the Code are appropriate
and in compliance with Section 2-40-10.
NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County
Commissioners that it hereby amends the following Sections of the 2006 Pitkin County Land Use Code.
Chapter 2 shall be amended as follows:
Section 2-10-30(d): Board of Adjustment
The Board of Adjustment is authorized to hear requests for Variances from the structure height or yard
and road setback provisions established by this Land Use Code, pursuant to the procedures established in
Sec. 2-40-110. The powers currently delegated to the Board of Adjustment by the Board of County
Commissioners are summarized in Table 2-1.
Section 2-10-60(d): Hearing Officer Decisions
The Hearing Officer shall render a decision within ten (10) working days of the close of a hearing but
shall make the decision at a continued public 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.
Section 2-20-10(d): Effect of Pending Litigation or appeal
Effect of Pending Litigation or Appeal
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Ordinance No. - 2009
Page 2 of I S
(1) When an appeal that is commenced pursuant to § 2-20-180 or when litigation or any other action or
proceeding that is filed in a court or other tribunal of competent jurisdiction may result in the alteration
amendment or voidin of a previous determination or action pursuant to this Land Use Code affecting
develo ability zoning development regulations construction improvement or other aspects of
development affecting a parcel of land in Pitkin County the filing of said appeal litigation or other
action or proceedin shall operate as a stay applicable to all entities of--
(A) the acceptance processing or issuance of: any and all building applications or permits'
development applications or permits• development approvals• or any other County action which
would permit or otherwise authorize construction site work rg ading land improvements or
creation of a vested right pursuant to this Land Use Code.
(2) Except as provided in subsections (d)(3)-(5) of this section--
(A the staffprovided for under subsection (d)(1) of this section continues until the issuance of a
final non-appealable judgment or order in any such appeal litigation action or other proceeding_
3 On request of a party in interest and after notice and a hearing the Board shall Qrant relief from the
staffprovided under subsection (del) of this section such as b_y terminating annullin modi . ing or
conditioning such stay--
(A) for cause, including the lack of adequate protection of an interest in property of such party in
interest, or a finding that the appeal litigation action or other proceeding will not alter amend or
void a previous determination or action pursuant to this Land Use Code as specified in subsection
(d)(1).
(B) if the Board finds that the filing of the appeal litigation action or proceedin tg hat gave rise
to the sta is part of a scheme to delay hinder or defraud an applicant or other party and that
based on the evidence presented to the Board the appeal litigation action or proceeding is
frivolous or groundless.
~4) The stay under subsection (d)L) shall terminate on the date that is 60 days after a request is made by a
party in interest under subsection (dZ3) unless such 60-day period is extended by the Board after notice
and a hearing for such specific period of time as the Board finds is required for good cause as described
in findings made by the Board.
(5) U on request of a party in interest the Board with or without a hearinggrant such relief from
the staffprovided under subsection (dZ 1) of this section as is necessary to prevent irreparable damage to
the interest of a person or entity in property if such interest will suffer such damage before there is an
op ortunity for notice and a hearing under subsection (d)~j or (d)(4) of this section.
~ZIn any hearing under subsection (d~(3 or (dZ(4) of this section concerning relief from the stay
provided for under subsection (d)(1) of this section the burden of proof shall be on the pa or parties
opposing termination or modification of the stay "Party" for the purposes of this subsection may include
County staff.
(7) The Community Development Director shall make the initial decision re ag rding whether the filing of
appeals, litigation, or other actions or proceedings shall operate as a stay_pursuant to subsection (~(1) of
this section The Community Development Director's decision may be appealed to the Board as provided
for in subsections (d~(3j~5) of this section. A decision by the Board pursuant to subsections (d)(3)-(5) of
this section shall be subject to judicial review pursuant to Rule 106(a~4) CRC P
~(~~
~~
Ordinance No. - 2009
Page 3 of l8
Section 2-20-100(a)(4)(b), (c), and (e): Public Notice Mailings
(b) At least thirty (30) days prior to a public hearing before the Hearing Officer Planning and Zoning
Commission, or the Board of County Commissioners, and at least seven (7) days prior to a public
hearing before the Board of Adjustment, the applicant shall send the required form of notice to all
owners of property within three hundred (300 of ^a~^^°^* +° +i.° „~^„°,~~ +''^+ is the ro e
subject to e€the development application, as follows. If the application is for approval of oil and gas
extraction or mineral extraction, notice shall be provided to both the current surface owners and
current subsurface owners of the parcels of land within which the facility is proposed to be located,
as well as the current surface owners of those parcels of land adjacent to the parcels within which the
facility is proposed to be located.
y > > > r a r~°r
Subsection (d) switches to (c)
(ts}(d) Notices shall be sent to adjacent property owners by first class postage prepaid U.S. mail. The
applicant shall deliver to the Community Development Department, prior to any scheduled public
hearings er meeting, or any administrative decision that requires a public notice, an affidavit
confirming that the required mailed notices have been completed in accordance with the provisions
of this subsection (4).
Section 2-40-30(a)(1), (3), and (5): TDR Deed Restrictions
(1) IRREVOCABLE TDR CERTIFICATES
A property owner who wishes to sell a TDR from a sending site r° ^~^+:°~ °;+° ^r °~ °~^„'~„'al
°~+°, ^r ° ~'^~°+~^~^°a ~~*° shall first obtain an irrevocable certificate of TDRs (TDR certificate) from
the Community Development Department through either the Administrative Review or One-Step
Review (as shown in Table 2-1). A TDR certificate shall only be issued where the sending site
meets all of the standards and criteria set forth in Sec. 6-70-40. A TDR certificate must be issued
concurrently with the severance of the development right from the Sending Site and execution of a
a°°a r°°+~~^*~^^ restrictive covenant for the Sending Site.
(3) RESTRICTIVE COVENANT OF SENDING SITE
Concurrent with the issuance of a TDR certificate, the owner of the Sending Site shall execute and
record a ~'°°a r°°+r~^+~°~ restrictive covenant on the parcel that acknowledges that the development
right has been severed from the parcel and that future development as defined by this Land Use Code
is prohibited. The a°°~' ~°~'~~~^+~^^ covenant shall be a form approved by the County Attorney.
(5) DEVELOPMENT RIGHTS APPURTENANT TO LAND
The owner of any parcel of land from which development rights may be transferred may transfer
those rights at any time to any person, provided, however, that the use rights and the value of those
use rights shall be deemed for taxation and all other purposes to be appurtenant to the land until such
time as the rights are severed from the land pursuant to issuance of an irrevocable TDR certificate
•and recordation of a preservation ~'°°a r°~+•-~^+~^^ restrictive covenant. Upon severance of the use
rights from the land, the value of the land for taxation purposes will be re-assessed.
Section 2-40-110: Variances for Setbacks
~~
tl flit t~ 1 I] .
Ordinance No. - 2009
Page 4 of I8
VARIANCES OF STRUCTURE HEIGHT OR YARD AND ROAD SETBACKS
(a) Authority
The Board of Adjustment has the power to grant variances from the strict application of the provisions of
the height and yard and road setback provisions of this Land Use Code pursuant to the standards in this
section.
(b) Approval Criteria
The Board of Adjustment shall only approve a variance where, by reason of unusual narrowness,
shallowness, or shape of a specific piece of property at the time of the enactment of the regulation, or by
reason of unusual topographic conditions or other situation or condition of such piece of property, the
strict application of the height or yard and road setback regulations of this Land Use Code would result in
peculiar practical difficulties to, or undue hardship upon, the owner of such property, and the granting of
relief from the strict application of this Land Use Code will not cause substantial detriment to the public
good and will not substantially impair the intent and purpose of the Pitkin County Comprehensive Plan
and this Land Use Code.
(c) Limitations
The Board of Adjustment shall have no power to vary from the limitations on use, lot area requirements,
floor area ratio requirements, stream setbacks, or any requirements of this Land Use Code other than
heights and yard and road setback requirements, e~Eep~s~ec~€t~~~tl3ei~~e~rthi~~~ ^-~-~~
Chapter 4 shall be amended in the following ways:
Section 4-20: Permitted Use Table -Horse Boarding: Accessory use specific
standard.
Intended for Rural Areas Intended for Urban Areas
TABLE 4-1: he.
PERMITTED USES Rural Districts Urban /Suburban
R
id
i
l Di
i u~
~a ess &'"
-~~~
es
ent
a
str
ct
' ~~~k
~ P.ur pASe:. ~
RS RR RS RS LI
R TR TR RS A
R A
R S
K B R R R
~~~
VR MH AH AH ,~ $y. C
~
P
'
~
G 1 35 1 2 3U 1 30 15 6 P 2 ~ ". Use-
~
Use Category/ 6 35 & 10 2 - ~ U ~~ Specific
Use Type 0 20 R 15 D ~ Regulations
E A ~' ~, §
C 15
B r
~ ~
~ ~,
~
.
-
..
Residential
Household Livin
Duplex Dwelling Unit S M S A S S S S M A §4-30-010(a)
Mobile Home A A §4-30-010(c)
Mobile Home Park A
Multi-family Dwelling
M $
S
S
S
S
M
A
§4-30-010(d)
Unit
Single Family Dwelling A A A A A A A A A M A A A A A A A A M A §4-30-010(f)
Unit
Grou Livin
Dormitory Housing M S S S S M S
' Group Home S S S §4-30-010(b)
O~U~J~.3
~U
Ordinance No. - 2009
Page 5 of 18
Intended for Rural Areas Intended for. Urban Areas
TABLE 4-1:
Rural Districts
.Urban /Suburban
~us
ess &, ,
PERMITTED USES Residential District e
:. Sp c~al '~
M
,~;,:~Purp o~e:~
RS RR RS RS LI TR TR RS A A -S B R R R VR MH AH AH B VC
G 1 35 - 1 2 30 - - I 1 30 15 6 P 2 1~. ~ Use-
Use Category/ 6 35 8~ 10 2 - 8 U
~ Specific
Use Type 0 20 R 15 D Regulations
E A §
C 15
B ~: fi.
Nursing, Convalescent,
Rest, or Retirement
S
S
S
S
S
S
M
-
§4-30-010(e)
Home
A ricultural & Resource
Unlisted Agricultural A A A A
Use
Blacksmithing S S S S
Farm Building S S A A S A A A M S M S §4-30-020(a)
Farming S A A A A A A A M M A §4-30-020(b)
Firewood Splitting, S S S S S M A A §4-30-020(c)
Commercial
Horse Boarding, A A A A S §4-30-020(d)
Prima
Kennel or Veterinary S S S S S S M - §4-30-020(e)
Clini
Logging S S S S S M M - §4-30-020(f)
Mineral and Gravel
Extraction (formerly
Mineral & Gravel
S
S
S
S
S
S
S
S
M
M
§4-30-020(8)
Exploration /Mining,
Concrete, Batch Plants
Oil and Gas Extraction S S S §4-30-020(h)
Ranching (formerly
Animal Production &
Husbandry Services,
Other Farm and
A
A
A
A
A
A
A
A
M
M
§4-30-020(i),
Agricultural uses (not
including Commercial
Feed lots
Silviculture A A A A M
Civic & Institutiona l
Airport M §4-30-030(a)
Cemetery S S S S S M -
Day Care Cente S S S M S S S S S S S S S S M S
Educational Class S S S §4-30-030(b)
Hospital M §4-30-030(c)
Institute M S S S M - §4-30-030(d)
Park, Playground or S S S S M A A A A A A A A A A S
Pla field
Public Facilities, Major
(Formerly Essential
Government and Public
M
S
S
M
§4-30-030(e)
Utility Uses, Facilities
and Services
Public Utilities, Majo S S S S S S S S S S S S S S S S S M S
Public Utilities, 4vlino A A A A A A A A S A A A A A A A A A A M A 4-30-030(f)
.-. ,-. , . , ~ r r
Ordinance No. - 2009
Page 6 of 18
Intended for Rural Areas Intended for Urban Areas
-
'..
E~t
TABLE 4-1: ,.
-
PERMITTED USES Rural Districts Urban /Suburban B usiness 8 '~:
Msa~a
•
Residential District ,
$ cial
~~~
:
u ose
RS RR RS RS LI TR TR RS A A S B R R R - VR MH AH AH ~
~
' VC
~ ~P'
- - - R _ _ - R R K - - - - P ~.
~ '~ -
G 1 35 - 1 2 30 - - I 1 30 15 6 P ~2 ~ I Use-
Use Category/ 6 35 & 10 2 - 8~ U ~,` • ,
~ ' ` Specific
Use Type 0 20 R 15 D : _ Regulations
E A ~ §
C 15
B ~~,
Religious Institution
former/ Church S S S S S M S S S S S M S §4-30-030(g)
School or University S S M S S S M §4-30-030(h)
Sewage Disposal Area S S S S S S M S S S S S S S S M S
or Water Plant
Transit Facility M S S M
Commercial ~ Industr ial
Entertainment & Recreation
Adult Entertainment S S S §4-30-040(a)
Establishment
Alpine Ski Area & M
Su ort
Amusement o
Entertainment M S S S §4-30-040(b)
Establishment
Campground
(formerly Commercial S S S S M S §4-30-040(f)
Cam in Areas
Golf Course M M
Nordic Ski Area and S S S S M M S
Su ort Facilities
Outdoor Recreational, S S S S S S S M M S §4-30-040(q)
Other
Riding Stable or
Academy (formerly S S S S M S §4-30-
Commercial Riding 040(w)
Stables
Satin , Meetin & Lod in
Bed and Breakfast A A A S S M S S S S §4-30-040(d)
Country Inn, Guest
Ranch, and Resort S S S S M S S §4-30-040(i)
Cabins
Hotels, Motel or Lodge S S §4-30-040(1)
Meeting Hall or
Conference Center
(formerly Reception S S S M S S §4-30-040(0)
Halls and Meeting
Facilities
Restaurant and/or Ba M A A A S §4-30-040(u)
Timesharing or
Fractional Ownershi M S §4-30-040(x)
Ofifice and Clinic Uses
Financiallnstitution M S S §4-30-040(j)
Medical or Dental Clini M A §4-30-040(n)
Office M A A A M §4-30-040(p)
Research Facility S M §4-30-040(t)
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flfifl(?1f ~
Ordinance No. - 2009
Page 7 of I S
Intended for Rural Areas Intended for Urban Areas Ei
` ;
;
.
_
.
.
TABLE 4-1:
Rural Districts
Urban /.Suburban
us~ness`8~
PERMITTED USES Residential District
' Special
"
Per ose :=.
RS RR RS RS LI TR TR RS A A S B R R R VR MH AH AH ~,~ VC• CPC ~.~'
- - - R _ _ - R R K - - - P - ~¢ -
G 1 35 - 1 2 30 - - I 1 30 15 6 P 2
• I
~ Use-
ifi
S
Use Category/ 6 35 ~ 10 2 - 8~ U -
~ c
pec
Use Type 0 20 R 15 D ~ ; Regulations
E A §
C 15 a '~`
B ~~
Sales and Service Uses
Arts and Craft Studio, A A A A §4-30-040(h)
Prima
Building Materials and
Landscaping (formerly
S
S
S
A
§4-30-040(e)
Equipment Supplies and
Contracting or
Subcontractin
General Services S A §4-30-040(k)
Personal Service Outlet M A A A §4-30-040(r)
Retail Sale of Goods
M
A
A
A
§4-30-040(v)
(formerly Places for
Retailin of Goods
Vehicle and E ui ment Uses
Automobile Parking Lot, M S S M S
Commercial
Automobile Service S A S §4-30-040(c)
Station
Vehicle and Aircraft
Sales and Service
S
M
(formerly Vehicle and
Aircraft Related
Business
Other Princi a/ Uses
Cellular Telephone S S S S S S S S M S S M S §4-30-
040
Facilit
Junk Yard S S S §4-30-
040 m
Radio or TV S S S S S S S M S S S S S S S S S S M §4-30-040(r)
Transmittin Station
Use by Federal Permit
(formerly Uses,
Activities & Facilities S S S S S S S S M S S S S S S S S S S M S
Permitted by Special
Use Permit Issued by
Federal A enc
..
Accessory Structures
A
A
A
A
A
§4-30-050(a)
with Bathin Facilit
Agricultural Stand A A A A A A M A A A A A A A M A §4-30-050(b)
Arts and Crafts Studio, A A A A A A A A A A A A A A A A A A A M A
Accesso
Building-Mounted
Cellular Telephone
S
S
S
S
S
S
S
S
S
S
S
S
S
S
§4-30-050(c)
Antennae
Bus Stop A A A A A A A S A A A A A A A A A A A
Camping Area A A A M §4-30-050(d)
~~
~~ of >; ~~ ~ ~
Ordinance No. - 2009
Page 8 of 18
Intended for Rural Areas Intended for Urban Areas Eit
TABLE 4-1:
he
PERMITTED USES Rural Districts Urban /Suburban , Bu°si ess 8'`
^~
Residential District ~ z_ ,,
S e~cial
.
"~ :P~ ose
RS RR RS RS LI TR TR RS A A S B R R R VR MH AH AH B' 1/C P,; ' `°
~ti~ _ ,
G 1 35 - ~ 2 30 - - I 1 30 15 6 P 2. I' Use-
Use Category/ 6 35 & 10 2 - 8~ U ~ Specific
Use Type 0 20 R 15 D ` Regulations
E A §
C 15 ~'
1+`
2
B -~'
Caretaker Dwelling Unit S S S S S S S S S S S S M S §4-30-050(e)
Club House or S S S S S M S S S S S S M
Recreational Buildin
Day Care Home A A A A A M A A A A A A A A A A
Employee Dwelling Unit S S S S S S S S S S M S
Home Occupation A A A A A A A A A A A A A A A A A A A M A §4-30-050(f)
Horse Boarding, A A A A S §4-38-959Ed)
Accesso
Satellite Reception S A A A S S A A A M A A A A A A A A A A M A §4-30-050(g)
Device
Solar Energy Collecto A A A A A A A A A A M A A A A A A A A A A M A §4-30-050(h)
Temporary Commercial A A A A A A A A A A M A A A A A A A A A A M A §4-30-050(i)
Use
Trail A A A A A A A A A A M A A A A A A A A A A M A
Water Crossing or S S S S S S S S S S M S S S S S S S S S S M S
Diversion
Wind Powered Electric S S S S S S S M S M §4-30-050Q)
Generato
Micro Hydro Electric S S S S S S S S S S S S S S S S S S S S S S S §4-30-050(k)
Ener S stem
(Code Revised (all secfions) by Ord. 014-D, 2006, 07-05-08; § 4-20 -Table 4-1 (part) amended by Ord. 012-08, 09-13-08)
Section 4-30-20(f)(3)(a) and (4)(c): Removal of Dead/Diseased Trees
(3)(a) Removing, damaging or destroying trees or other vegetation within t~~e~y{2~ one hundred (100)
feet of the mean high water mark on any stream or within wetlands or riparian habitat is prohibited
unless approved by Pitkin County pursuant to other sections of this Land Use Code.
(4)(c)The selective removal or trimming of dead, diseased or damaged trees or other woody vegetation
that constitute a significant and direct hazard to persons or property, provided that the removal is
accomplished through the use of standard forestry practices and techniques. Prior to ve etg ation
removal under this provision, the applicant must present to the Community Development
Department written confirmation from a certified arborist or recognized tree/fores expert
documentins the condition of the tree/vegetation and the hazard created if removal does not take
place. This requirement can be waived pursuant to section 7-20-10(b). Clear cutting of areas larger
than five thousand (5,000) square feet shall not be permitted, unless requested or approved in writing
by a state or federal government agency in order to avoid or mitigate a public health or safety hazard.
Chapter 5 shall be amended as follows:
Section 5-10: Dimensional Standards Tables -Table 5-1.A and 5-1.B:
~ ~~
(l it f 11? 17
Ordinance No. - 2009
Page 9 of 18
.~ ~ ~ ~
~ • ~ ~ • •
~ •
-• •
LOTS` .f'rA rr ~ ~, .r~ ~ ~'..:; ., ..r`,~~ .,, ~ _ ~=
Minimum Lot Area (ac.) N/A 35 160 35 35 35 35 30 20 10 2 MF = M
15, 000
OTH =
6, 000
NOTE
6
Minimum Usable Open 800 M
Space per Dwelling
Units . ft.
Minimum Lot Width ft.
N/A
400
400
400
N/A
400
-
400
400
200 50 M
~ fi
R.
~.:
MINIMUM:SE7BACKS _ ~ .~ -
From Arterial Hi hwa s
ses
id
t
k f M
Structures /Outside e u
s
or ou
100 ft. setback for buildings/ 100 ft. setbac
i
Uses ft. NOTE 7
From Ma"or Roads
ses
id
t
k f M
Structures /Outside e u
s
or ou
100 ft. setback for buildings/ 50 ft. setbac
Uses ft. NOTE 7
From Collector Streets
M
Structures/ Outside 50 ft. setback for buildings/ 25 ft. setback for outside uses
Uses ft. NOTE 7
From Property Lines
30 M
Front Setback (ft.) SR SR (1) Lot Size 5 3 ac = 30 ft.;
(2) Lot > 3 ac. and <_ 10 acres = 50 ft.;
3 Lot > 10 acres = 100 ft.
Side Setback (ft.) SR SR (1) Lot < 7,500 sq. ft. = 5 ft.; (2) Lot >_ 7,500 & < 30,000 sq. ft. = 10 ft.; 10 M
(3) Lot Size ? 30,000 & < 43,560 sq. ft. = 15 ft.; (4) Lot >_ 43,560 & < 3 ac. _
20 ft.;
5 Lot ? 3 ac. & <20 ac. = 30 ft.; 6 Lot ? 20 ac. = 50 ft.
Rear Setback (ft.) SR SR (1) Lot Size < 30,000 sq. ft. = 10 ft.; 10 M
(2) Lot ? 30,000 sq. ft. & < 10 ac. = 30 ft.;
(3) Lot >_ 10 ac. = 50 ft.
From Streams (ft.) 100 NOTE 14, 15 and 16 M
MgXIMUMHEIGHT '. ~ ' -'. , ~~.. __. 7. ~~.
~
M
Maximum Height of 20 20 28 28 28 20 20 28 28 28 28 28
Principal Structure (ft.) NOTE
8
Maximum Height of 20 12 20 20 20 15 15 20 20 20 20 20 M
Accessory Structure NOTE
ft. 9 _ ~ ._, ; , ; ~ : , .
MAXIMUM FL OOR~AR EA' : .- .. " _
F
A N/A NOTE ~98A .
750
5 750
5 000
1 500
2 750
5 5,750 5,750 5,750 NOTE M
Gross
loor
rea
Exempt From GMQS 10 5,750 ,
NOTE , , ,
NOTE 4 ,
NOTE NOTE NOTE NOTE 11
(Without GMQS NOTE 11 11 11 11 12 NOTE
Allocation or TDR 11 13
Purchase) (Base Max.)
Floor Area
Gross Floor Area After
N/A
NOTE
A!•/A
15,000
15,000
1,000
3,500
15,000
15,000
15,000
15,000
8,000
M
GMQS Allocation 10 15,000 NOTE NOTE NOTE NOTE NOTE NOTE NOTE
and/or TDR Purchase 11 2 11 11 11 11 11
(Final
Max. c„eie ~o.,v~., a ~
Floor Area
sy
aou~~s
Ordinance No. - 2009
Page IO of 18
~ •
• ~ •
•-.~ • ~
OTS
inimum Lot Area (sq. ft.) 000 1
30,000 15,000 15 5,000 6
000 5,000 NOTE 2
,
N ,
OTE 11 NOTE 1
inimum Lot Area Per Principal Use or 1 5
000
wellin Units . ft. 30,000 15,000 15,000
N ,
6,000
OTE 11 5,000 NOTE 2
inimum Usable Open Space per Dwelling 3 000
nits . ft. 6,600 3,000 3,000 ,
1,500 1,500 NOTE 2
inimum Lot Widths . ft.) 100 75 75 7 5 60 50
INIMUM SETBACKS
~om Arterial Hi hwa s
:ructures /Outside Uses (ft.) 100 ft. setback for buildings / 100 ft. setback for outside uses N/A N/A
NOTE 3
~om Ma'or Roads
:ructures /Outside Uses (ft.) 100 ft. setback for buildings / 50 ft. setback for outside uses N/A N/A
NOTE 3
~om Collector Streets
:ructures /Outside Uses (ft.) 50 ft. setback for buildings / 25 ft. setback for outside uses N/A N/A
NOTE 3
om Pro ert Lines
ont Setback (ft.) (1) Lot Size <_ 3ac = 30 ft.;
(2) Lot > 3ac. and <_ 10 acres = 50 ft.; 30 NOTE 2
3 Lot > 10 acres = 100 ft.
de Setback (ft.) (1) Lot < 7,500 sq. ft. = 5 ft.; (2) Lot ? 7,500 & < 30,000 sq. ft. _
10 ft.;
3) Lot Size >_ 30,000 & < 43,560 sq. ft. = 15 ft.; (4) Lot ? 43,560 NOTE 2
5 Lot >_ 3ac. & <20 ac. = 30 ft.; 6 Lot ? 20 ac. = 50 ft.
gar Setback (ft.) (1) Lot Size < 30,000 sq. ft. = 10 ft.; NOTE 2
(2) Lot >_ 30,000 sq. ft. & < 10 ac. = 30 ft.; 10
3 Lot ? 10 ac. = 50 ft.
om Streams (ft.) 100 20 NOTE 2
NOTE 4, 12 and 13 NOTE 4
AXIMUM HEIGHT
aximum Hei ht of Princi al Structure ft. 28 28 28 28 28 NOTE 5 NOTE 2
aximum Hei ht of Accesso Structure ft. 20 20 20 20 20 NOTE 6 NOTE 2
AXIMUM FLOOR AREA
towable floor area based on Floor Area 13 16 NOTE 7 NOTE 10 30 NOTE 8 NOTE 2
~tio FAR . . .
~oss Floor Area Exempt from Growth 5,750
3nagement (without GMQS Allocation or 5,750
NOTE 9 5,750 5,750 5,750 NOTE 8 N/A
~R Base Maximum floor area
~oss Floor Area After GMQS Allocation 5,750
d/or TDR Purchase (Final Max. floor 15,000 15,000 10,250 15,000 NOTE 8 N/A
i~Area) eft})
(c:oae Kevised (all SecilonsJ by Ord. 014-D-2006, 07-05-06; § 5-10-10 Table-5-1.B (partJ amended by Ord. 026-06, 09-13-06;
Ord. 012-08, 04-09-08; Ord. 024-08, 07-23-08; Ord. 024-08, 07-23-08J
Section 5-10: Notes for Table 5-l.A -Emma Caucus Area floor area limitation.
The notes shall be amended in the following fashion:
y~
f~il~:l q
NOTES FOR TABLE 5-1 A -Dimensional Requirements for Rural and Conservation Zone Districts _
ABBREVIATIONS
M = As approved in Master Plan for SKI-REC zone district; HML = HoteUMotel/Lodge; MF/L= Multi-family limited to 1,2, or 3
Bedrooms MF/ST = Multi-family Studio MF/UL =Multi-family with more than 3 bedrooms OTH =Other
NOTE 1: In the RR zone district, the maximum size of the Activity Envelope defined for each pnnapal use shall be one-half
(1 /2) acre. Dimensional standards in the RR zone district may be varied by special review pursuant to the provisions of Sec. 3-
40-20.
NOTE 2: As an alternative to the strict application of the area and bulk requirements, parcels in the LIR-35 zone district may be
developed as a cluster option, pursuant to the standards in Sec. 3-40-50(d), provided that the application includes the entirety of
the unsubdivided parcel and adjacent parcels held in common ownership as configured on January 16, 2000. If the cluster
option is used: (1) There shall be no more than one (1) principal single family dwelling unit per eighty (80) acres. Actual lots
may be smaller if accompanied with a preserved open space parcel that maintains one unit per 80-acre density. (2) Maximum
allowed floor area of all buildings shall be 15,000 square feet.; of which (a) 8,250 square feet shall be exempt from growth
management; and (b) additional square footage up to 15,000 square feet may only be obtained through successful growth
management competition or for use of transferable development rights.
NOTE 3: The maximum potential density and developability for properties within the TR-1 and TR-2 zone district shall be based
on the entire unsubdivided parcel. All buildings shall be included in the calculation of the floor area.
NOTE 4: For lands rezoned to a TR-2 zone district effective on or before January 26, 2005 existing vested rights in prior
development approvals are recognized, and property owners may continue to rely on those vested rights until their expiration:
Residential development in place or approved prior to January 26, 2005, shall not be deemed non-conforming relative to the
Pitkin County Land Use Code. ,
NOTE 5: As an alternative to the strict application of the area and bulk requirements, parcels in the TR-2 zone district may be
developed as a cluster option, pursuant to the standards in Sec. 3-40-70(d), provided that the application includes the entirety of
the unsubdivided parcel and adjacent parcels held in common ownership as configured on January 16, 2000. If the cluster
option is used: (1) There shall be no more than one (1) principal single family dwelling unit per fifty (50) acres. Actual lots may
be smaller if accompanied with a preserved open space parcel that maintains one unit per 50 acre density. (2) Maximum
allowed floor area of all buildings shall be 3,500 square feet, all of which shall be exempt from growth management; and no
additional floor area may be obtained through the use of either TDRs or additional growth management allocations. Heights
and setbacks may be modified through the Two-Step Review process.
NOTE fi: Minimum lot area per principal use or dwelling unit (in square feet) shall be: MF/UL = 5,500; MF/L =3,200; MF/ST =
2,500.
NOTE 7: Off-street parking, signs, and lights shall meet the setback requirements for outside uses. Access roads, highway
regulatory and directional signs, safety lighting, and safety features shall be allowed between the right-of-way and the setbacks
listed. Off street parking and lights don't need to meet the setback required on collector streets.
NOTE 8: In the RR zone district, height of principal and accessory structures shall be measured to the top of ridge or to the top
of the parapet surface of a flat roof, as measured form existing or finished grade, whichever is lower. See Sec. 5-20-60(h)
NOTE 9: Not applicable to structures existing on the 5th of July, 2006.
NOTE 10: In the RR zone district, the maximum house size and maximum floor area ratio are replaced by the following
provisions:
(1) Maximum footprint per principal structure shall not exceed 1,000 square feet without special review approval. In measuring
the footprint, all dimensions shall be taken from the outside face of framing or other primary wall members.
(2) Maximum allowed square footage shall not exceed 1,000 square feet, except as may be allowed through special review to
retain an existing structure when a new structure is proposed. Below-grade space and garage or carport space are included in
the calculation of maximum allowed square footage. Up to 600 square feet of a legally created structure existing prior to
January 2, 1996, that is retained pursuant to special review, shall be excluded from the maximum allowed square footage for a
new, separate structure; square footage in excess of 600 square feet shall be included in the maximum allowed square footage.
The entire square footage of an historic structure shall be excluded from the maximum allowed square footage.
(3) Decks, porches, etc. shall not exceed a maximum of 500 square feet, as measured from the outside face of the material.
Structures including, but not limited to, decks, porches, slabs, patios and terraces, shall be included in this calculation, and
these structures shall be contiguous to the building footprint.
(4) Platforms and tree houses shall not exceed 250 square feet, which is included in the maximum allowed square footage of
1,000 square feet.
(5) Outhouse, storage and mechanical enclosures shall not exceed a total of 160 square feet, which is excluded from maximum
allowed square footage of 1,000 square feet.
NOTE 11: For land located within the Frying Pan area, the final maximum dwe4lir~g-~+t floor area shall be 5,750 square feet;
Floor area for principal structure, including all below-grade space and attached accessory structures, shall be limited to 4,000
sq. ft.; up to 1,750 sq. ft. of floor area shall be allowed for accessory structures and uses that are detached from principal
structure. In the Capitol Creek/Snowmass area, the final maximum ~ft floor area shall be 8,250 square feet; and
within the Basalt Urban Growth Boundary, the final maximum dwelling unit floor area shall be 5,750 sq. ft. In the Emma Caucus
area the final maximum floor area shall be 8,250 square feet. These maximums shall not be
exceeded with a GMOS allotment or use of TDRs are~afsf}ased. These
maximums shall also apply to a dwelling unit which is to be located on a parcel containing five hundred (500) acres or more
unless the parcel was legally created and received development approvals prior to July 5, 2006, in which case previous
approvals regarding house size shall apply.
NOTE 12: (1) Lot size
0--25,000 sq. ft. _ .13 up to a maximum of 3,250 sq. ft. of floor area; (2) Lot size 25,001--50,000 sq. ft. = 3,250 sq. ft. of floor
area, plus 9 sq. ft. of floor area for each additional 100 sq. ft. in lot area up to a maximum of 5,500 sq. ft. of floor area; (3) Lot
size 50,001--100,000 sq. ft. = 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 sq. ft. of floor area; (4) Lot size 100,000 and larger = 8,000 sq. ft. of floor area plus 1 sq. ft. of floor area for
each additional 100 sq. ft. in lot area.
NOTE 13: Notwithstanding any other provision of this Land Use Code, the gross floor area shall not exceed 4,000 square feet
for lots and parcels <- 1 acre; for lots and parcels >1 acre, then gross floor area shall not exceed 5,750 square feet plus 1,000
square feet for each 10,000 square feet that parcel size exceeds one acre, up to a maximum of 8,000 square feet on any one B-
1lot or parcel.
NOTE 14: An additional setback may be required or a lesser setback may be allowed pursuant to Sec. 7-20-80.
NOTE 15: Development of a micro hydroelectric energy system may be allowed in a setback pursuant to Section 7-20-80 (c)
and 4-30-50(k).
NOTE 16: Stream restoration projects may encroach into this setback pursuant to Sections 7-20-40 and 7-20-80
7~
§ 5-10-10 -Table 5-1.A (parf) amended by Ord. 30-06,
_-. ...,., ..., -~ nn no.. n-.a new no n7_92A41
Ordinance No. - 2009
Page I2 of 18
Chapter 6 shall be amended as follows:
Section 6-30-90(a)(4): Replacement of Existing Structures:
The existing structures on the lot or parcel may also be replaced, subject to compliance with Sec. ~8-
Section 6-40-20(a): General Standards for Allotments and Competition -
Compliance with Code Requirements
As a prerequisite to the award of any development allotment, the proposed development must comply
with all requirements of the Pitkin County Code. No allotments shall be granted where the development
proposed violates this Land Use Code. An applicant who receives a score of zero (0) under any category
which indicates that the proposed development does not comply with a standard of this Land Use Code,
shall be required to bring the proposed development into compliance with this Land Use Code before a
Site Plan or other development application for the proposed development may be approved. An Applicant
may receive a score of zero L) in certain categories and not be in violation of the Land Use Code. The
categories are identified below,
6-50-20(c)(1)(b)(4), (3)(c), and (4): Achievement of Community Goals -the
following language shall be added to this section:
*Note: An Applicant can receive a score of zero (0) in this category and not be in violation of the Land
Use Code.
6-50-20(d): Creative Bonus
*Note: An Applicant can receive a score of zero (0) in this category and not be in violation of the Land
Use Code.
6-60-20(b)(2)(d) and (c)(1) and (c)(2)(b): Standards For Scoring Applications
for Commercial and Tourist Accommodations Allotments
*Note: An Applicant can receive a score of zero (0) in this category and not be in violation of the Land
Use Code.
Section 6-60-20(c)(1) and tables: Standards for Scoring Applications for
Commercial and Tourist Accommodations Allotments -Achievement of
Community Goals Scoring Table 6-9, 6-10. And 6-11
~~
nnr~~~
Ordinance No. - 2009
Page I3 of 18
Considering the commitment of the applicant to exceed the requirements of Sec. 8-30 of this Land
Use Code, Employee Housing Impact Fee. According to this section an applicant for commercial
development or for historic/standard tourist lodge accommodation units and luxury tourisblodge
accommodation units is required to mitigate for *~~~°^'~~ ~~~° ~'S' one hundred (100%) percent of the
project's employee housing impacts. t-~' rr' + f '"°""" +""Y~ +" `~ ~~+'~"
J An
applicant shall receive up to three (3) points for committing to exceed this requirement, according to
the following schedule:
~ ~ '•
Em to ee Housing Im acts Mitigated ~
Points Awarded
Commercial Development and Historic/Standard Tourist Lodge
Accommodation Units
~S°%100% 0 oints
~0 110% 1 oints
4o--120% 2 oints
~S%130% 3 oints
Lux Tourist/Lod e Accommodation Units
x&%100% 0 oints
680110% 1 oints
~g°~120% 2 oints
gI}~130% 3 oints
~ . ~ .-
Criteria Points Multiplier Potential
Available Score
a Availabilit of Facilities
(1) Storm Draina a 0-2 1 2
(2) Fire Protection 0-2 1 2
(3) Road S stem 0-2 1 2
(4) Transit/Trails 0-2 2 4
b) Qualit of Desi n
(1) Site Desi n 0-2 2 4
(2) Parkin and Circulation 0-2 2 4
(3) Visual Impacts 0-2 2 4
c Achievement of Communit Goals
1 Affordable Housin 8-~ 0-3 2 ~ 6
(2) Alternative Transportation Modes 0-2 2 4
Total Points Available 38 32 points
Minimum Threshold to Obtain an Allocation ~3 24 points
Criteria Points
Available Multiplier Potential
Score
a) Im acts on Public and Private Facilities
(1) Storm Draina a 0-2 1 2
(2) Fire Protection 0-2 1 2
(3) Road S stem 0-2 1 2
(4) Transit/Trails 0-2 2 4
(hl [Duality of Desian
~~
Ordinance No. - 2009
Page 14 of I S
~: . ~ •
Criteria •.• • e
Points
Available .-
Multiplier
Potential
Score
(1) Site Desi n ~ 0-2 2 2
2) Parkin and Circulation 0-2 2 4
(3) Visual Impacts 0-2 2 4
(4) Guest Amenities 0-2 1 2
(c Achievement of Communit Goals
(1) Affordable Housin 9-~ 0-3 2 4 6
(2) Alternative Transportation Modes 0-2 2 4
Total Points Available ~ 34 points
Minimum Threshold to Obtain an Allocation ~4 26 points
Chapter 7 shall be amended as follows:
Section 7-20-10(b): Clearing, Grubbing, and Vegetation Removal -Pine Beetles
Clearing or grubbing of land, or removal of vegetation shall take place only within an approved Activity
Envelope, except removal of noxious weeds and 10 or fewer dead or diseased trees that create a hazard
may occur outside of an Activity Envelope. Each Site Plan shall document compliance with the
requirements of this Sec. 7-20-10(b) and Sec. 7-20-130.
Section 7-20-10 (d): Protection of Natural Terrain
The County Planning Engineer or Community Development Director shall suggest and may require
design and construction techniques that lessen or mitigate any physical and visual damage caused by the
proposed activity or development to Constrained Areas or to the natural terrain, stream vegetation, and
other natural features of the landscape within the Activity Envelope. Techniques shall include, but are not
limited to:
Section 7-20-40(a)(1), (2), (3), and (4): Floodplain Hazards and permitting
(1) in ,aa;*;^^ *^ *~,° D;*'-;^ r'^,•^~~ ~'^^a^'^;^ n°n„~^*:^„°, t The standards in this section apply to
mapped floodplain hazard areas as depicted in the Federal Emergency Management Agency (FEMA)
Flood Insurance Rate Map, National Flood Insurance Program (June 4, 1987, and including any
subsequent amendments to that map) and areas determined by the County Floodplain Administrator
to be in flood hazard areas.
(2) Where a property owner believes that the mapped floodplain hazard areas shown on the FEMA
Flood Insurance Rate Map are inaccurate, the property owner may request that FEMA process an
amendment to that map, or may present alternative mapping to the County Floodplain Administrator
E-ngi~eer, who may accept such mapping as an indication of the floodplain area only if the County
Floodplain Administrator believes the alternative mapping to be more accurate than the
FEMA Flood Insurance Rate Map.
(3) Where the 100-year or intermediate regional flood has not been established, a property owner may
conduct a floodplain study to determine the boundaries of the floodplain. The property owner should
consult with the County €~rg~eer Floodplain Administrator to determine the appropriate
methodology for the floodplain study.
(4) Where the 100-year or intermediate regional flood has not been established by the FEMA Flood
Insurance Rate Map pursuant to subsection (1) above, or by a property owner study pursuant to
~0
Ordinance No. - 2009
Page 1 S of l8
subsection (3) above, this regulation shall apply to all lands within an area that is twenty (20)
horizontal or five (5) vertical feet (whichever land area is greater) from the existing high water line
on any river, stream or material drainage channel, and any area that the County Floodplain
Administrator determines to be a flood hazard area.
Section 7-20-40(b)(1): General Standards
All activity and development is prohibited within the 100-year floodplain except as specifically permitted
in this subsection (b) or by subsections (c), (d), or (e) below. All permitted activity shall be reviewed for
compliance bythe Coun Floodplain Administrator through a floodplain development permit.
Section 7-20-40(c)(3): Floodplain Hazards -Permitted Uses
Bridges or other structures for irrigation, drainage, flood control, hydropower, or water diversion may be allowed
upon approval of plans and specifications by the County €~gi~eer Floodplain Administrator and
Community Development Director, provided they are engineered to prevent blockage of drainage
channels during peak water flows and their placement does not result in the loss of wetlands or riparian
areas. All structures
Section 7-20-60(a): Wildfire Hazards maps:
Areas of "Severe Wildfire Hazard" and "Low to Medium Wildfire Hazard" are designated on the Pitkin
County adopted Wildfire Hazard Area Maps, which are maintained in the Community Development
Department. However, the maps are only a general reference, and actual wildfire hazards shall be field
verified. In the event field verification identifies areas of wildfire hazard not identified on such maps, the
provisions of this Sec. 7-20-60 shall apply to such areas. In each case where an applicant's property is
located partially or entirely within an area of "Severe Wildfire Hazard" "r "'` a=u== `x'=''-''fi"°
," a wildfire expert acceptable to the County shall visit the property to evaluate the level of risk in
more detail. The wildfire expert may confirm the levels of risk indicated on the Wildfire Hazard Area
Maps, or may recommend that all or a portion(s) of the site be reclassified to a higher or lower level of
wildfire risk. In addition, the wildfire expert shall make recommendations regarding any mitigation
measures that should be implemented in light of the proposed activity or development, and such
recommendations shall be considered by the County in the Site Plan process.
Section 7-20-80(a)(4)(a)(10) and (b): Reduced Setback requests and restoration
requirements
(a)(10) The area within the setback reduction being requested is not needed to preserve areas of special
recreational, historical, archeological, scenic, or scientific interest. July, 2006, Ord. No. 14-D,
2006 - § 7-20-80 Amended (part) by Ord 21-2007
If the riparian/wetland setback is reduced under this provision and the setback area shows signs of
ri arian/wetland vegetation disturbance or removal the Applicant may be required to submit a restoration
plan for review approval and implementation.
(b) Site Specific Factors -Reclamation of Previously Developed Areas
Where an applicant is seeking a reduction in the one hundred (100) foot repar~
ri~arian/wetland setback specified in subsection (a)(2)(a) above for purposes of reclaiming a
previously-developed area (e.g., removal of concrete rubble, or removal of a paved roadway or
~~
1f11ifi7G
Ordinance No. - 2009
Page 16 of 18
parking lot), the application shall include an analysis demonstrating that the proposed
reclamation of the site will result in;
Section 7-20-80(d)(11): Mitigation Standards
Alterations to stream channels (including their capacity, filling and dredging) shall be prohibited unless it
has been satisfactorily demonstrated, through site-specific scientific study and analysis (including an
evaluation of all upstream and downstream impacts), that the proposed channel work will improve the
dynamic stream channel function, the habitat for a diversity of species, and that future and historical
public uses, such as stream navigation, recreation, and aesthetics are not diminished by the proposed
channel improvements. All approved stream work must be permitted. Acceptable scientific information
may include, but is not limited to, information on channel hydrology, site geomorphology,a
streambed characteristics, macroinvertebrate populations, and fish populations. Applicant must also
demonstrate that the scientific information provided has been generated by an individual(s) or legal entity
(ies) qualified to render an assessment in all pertinent subject areas. This demonstration may be provided
in the form of a curriculum vitae (CV) for an individual, a company resume of project experience,
personnel certifications and licenses, etc, or any other manner reasonable under the circumstances.
Section 7-20-120(b): Additional Scenic Roads
All areas shown on the County's Scenic View Protection Area maps, which are maintained in the
Community Development Department, shall comply with the standards of subsection (d) below. The
Scenic View Protection Area map includes scenic foreground areas, public viewplanes, and ridgelines.
The mapped areas are identified as viewed from the following rights-of--way:
(a) State Highway 82;
(b) Brush Creek Road;
(c) Capitol Creek Road;
(d) Snowmass Creek Road;
(e) State Highway 133;
(t) Frying Pan Road;
(g) Castle Creek Road;
(h) Maroon Creek Road;
(i) West and East Sopris Creek Roads;
Q) Owl Creek Road;
(k) Upper and Lower River Roads;
(/) McLain Flats Road; a~
(m) Woody Creek Road.
(n) Emma Road;
(o) Coal Creek Road;
(p) Thompson Creek Road (North, Middle and South Forks)•
(q) Watson Divide Road;
(r) Prince Creek Road;.and
(s) Lime Creek Road ~v
.nnr~t~G
Ordinance No. - 2009
Page 17 of I S
Section 7-50-20(b)(2): The "Capitol Creek and Snowmass Creek" and "Crystal
River and West Sopris Creek" Hydrologic Systems Analysis Study Area Maps are
hereby adopted.
Chapter 9 shall be amended as follows:
Section 9-50-30 and (b): Restoration or Expansion ofNon-Conforming Structures
and Uses with Significant Changes
RESTORATION OR EXPANSION OF NON-CONFORMING STRUCTURE OR USE WITH
SIGNIFICANT CHANGES
The Board of County Commissioners may permit modifications to anon-conforming structure or use that
does not meet the standards of Sec. 9-50-20, subject to compliance with the standards in this section.
(b) Consistency with Master Plans
The structure or use is generally consistent with adopted master plans for the area and adjacent land uses.
Chapter 11 shall be amended as follows:
Definitions: Alteration of "Base Maximum Size/Area" and "Final Maximum
Size/Area"
BASE MAXIMUM FLOOR AREA means the largest amount of floor area a===='°'-u==nit that
may be constructed on the lot or parcel pursuant to Table 5-1 without the approval of a GMQS allocation
b
+ +~° a==~°"~^^ _ ^~+ °~~°, and without the phase utilization of TDRs + +'' ''="e'-'•="-"
••"'cccrrisii~
FINAL MAXIMUM FLOOR AREA means the largest amount of floor area ~= t at
may be constructed on the lot or parcel pursuant to Table 5-1. GMQS allocations shall not be granted ~
+,.,,^~~r°~ l~r^°r *k~ if floor area will exceed the final maximum sire floor area;_ a~ TDRs may not be
fl,.r utilized to increase ^ a==~°"~^rt =_^~ floor area beyond the final maximum sire floor area.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIlVIES on the 24~' day of May, 2009.
INTRODUCED ON FIRST READING AT A PUBLIC HEARING on the l Ot'' day of June, 2009.
APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC MEETING on the 24`x' day
of June, 2009
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the day of 2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS ~~j
Ordinance No. - 2009
Page l8 of l8
Jeanette Jones
Deputy Clerk
APPROVED AS TO FORM:
John Ely,
County Attorney
OF PITKIN COUNTY, COLORADO
Patti Kay-Clapper,
Chair
Date:
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
~`
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