HomeMy WebLinkAboutbocc.ord.036.1999AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY COLORADO, ADOPTING AMENDMENTS
TO THE PITKIN COUNTY LAND USE CODE SECTION 3-310,
TRANSFER OF DEVELOPMENT RIGHTS AND SECTION 3-40, INTENT OF
ZONE DISTRICTS, ALLOWED USES, SPECIAL REVIEW USES AND
DIMENSIONAL STANDARDS
Ordinance No. 99- 56
Recitals
1. The Board of County Commissioners ("BOCC") has directed the preparation of
amendments to the Transfer of Development Rights and Zone Districts sections of the
Pitkin County Land Use Code (the "Code").
2. The amendments to section 3-310 of the Code, Transfer of Development Rights,
are clarifications relating to numbering, language, order and internal consistency. The
revisions also make it clear that the use of transfer of development rights for an "intensity
bonus" to exceed floor area restrictions is available in all zone districts, except where the
zone district contains a floor area ratio restriction that would not allow development in
excess of 15,000 square feet and/or the development approval limited the square footage
allowed and did not provide for the use of TDRs.
3. The amendments to section 3-40 of the Code, Intent of Zone Districts, Allowed
Uses, Special Review Uses and Dimensional Standards, are clarifications relating to the
ability and procedure to use TDRs to exceed bulk area requirements. The following
sections are proposed for amendment Section 3-40, Subsections 3-40-10, 3-40-20, 3-40-
30, 3-40-40, 3-40-50, 3-40-60, 3-40-70, 3-40-71, 3-40-72, 3-40-73, 3-40-75, 3-40-80, 3-
40-90, 3-40-110, 3-40-120, 3-40-130, 3-40-140, 3-40-150, 3-40-160, 3-40-170, 3-40-180,
3-40-190, 3-40-210, 3-40-220, 3-40-230.
4. The Planning and Zoning Commission ("P&Z") reviewed the Code amendments
at regularly scheduled public meeting on August 3, 1999 and recommended approval of
the amendments as contained in this Ordinance.
5. The BOCC considered the amendments at first reading at a public meeting on
August 11, 1999 and finally approved the amendments at a duly noticed second reading
at a public hearing on September 21, 1999.
NOW, THEREFORE, BE IT ORDAINED by the Pitkin County
Commissioners that it hereby amends the Pitkin County Land Use Code as contained in
Attachments "A" and'B."
1�3
Ordinance No. 99-56
Page Two
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the(li3/41ay of
1999.
INTRODUCED AND FIRST READ AT A PUBLIC MEETING and regular meeting on the
11d' day of August, 1999.
APPROVED AND ADOPTED All IER SECOND READING AND PUBLIC HEARING on
the 21" of September, 1999.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS
PUBLISHED AliTER THE ADOPTION IN THE ASPEN TIMES on the 2nd day of October,
1999.
ATTEST:
I i eeeDean,
eputy Clerk and Recorder
BOARD OF COUNTY COMMISSIONERS
O PITKIN COUNTY, CORADO
slie Lamont,
Chair
Date: / C / S / 9 CI
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
el aLarsen,
Assistant County Attomey
7'% �,4 ,YJ 7' a '7, 97
Cindy Houben,
Community Development Director
ATTACHMENT "A"
Repeal and Re-enact Pitkin County Land Use Code, Section 3-310, Transfer of
Development Rights as follows (NOTE: this section was recently amended through
Ordinance # 99- ):
Subsections:
3-310-010
3-310-020
3 310 030
3-310-30
3-310-040
3-310-050
3-310-060
Section 3-310
TRANSFER OF DEVELOPMENT RIGHTS ("TDRs")
Purpose and Applicability
General Standards and Criteria
Zane -District
Standards and Criteria for the Transfer of Development Rights from a
Rural/Remote Preservation Site to a Receiver Site Located Outside of the
Rural/Remote Zone District
Standards and Criteria for the Transfer of Development Rights from a
Rural/Remote Preservation Site to a Receiver Site Located JT^ ^f TB%%s
Within the Rural/Remote Zone District
RESERVED
Standards and Criteria for TDRs for Development Rights Vested Prior to
the Adoption of the Rural/Remote Zone District
3-310-010 Purpose and Applicability.
A. Purpose. The purpose of this transfer of development rights provision is to
provide for the protection of lands within the Rural/Remote Zone District and to provide the
owners of property within that District with a program of equitable mitigation which assures
property owners of an economically beneficial use of their property. The program of equitable
mitigation is achieved by making Development Rights appurtenant to lands within the
Rural/Remote Zone District transferable to other lands within Pitkin County where development
is more appropriate in accordance with all applicable Pitkin County land use regulations, codes
and plans.
B. Applicability. Development Rights shall be transferable from any Preservation
Site within the Rural/Remote Zone District to any approved Receiver Site. A Receiver Site for
TDR RightrTDRs shall comply with the standards and criteria of this section and be approved by
special review pursuant to £section 3 210 10 of the Pitkin County Land Use Code
3-310-020 General Standards and Criteria.
A. General Standards and Criteria for Preservation Sites.
1. Development Rights Appurtenant to Preservation Sites -May be Severed
from the Site and Converted Into Trip D gLesTDRs. In addition to any other use permitted in
the Rural/Remote Zone District, Preservation Sites shall have Development Rights, or TDRs,
Ord. #99- , Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 1
which may be severed and transferred to Receiver Sites. The severance of Development Rights
from a Preservation Site, and creation of TDR Pjg't'sTDRs, shall be accomplished through the
procedure outlined in Ssection 4-60.-95-Wow.
2. Every 35 Acres Associated With One TDR. For
eaah-every 35 acres, eueafeach Preservation Site shall be associated with one ref
gbassilepasesatTDR, provided that fractions of TDP UP'*s nf H^ve&ep"MTDRs shall not be
considered. A Preservation Site less than 35 acres in size shall also be associated with oneZHR
11t t of Pnva1nrtnnn'TDR, except for purposes of aggregation within the Rural/Remote zone.
The following chart illustrates the number of TT1R Ur'*s of DevalertnantTDRs by size of the
Preservation Site:
Rs
BBY ACREAGE
Acreage of Preservation Site
Number of TT`D. Units ^f
DasalessaseatTDRs
Less Than 35 Acres
1 TDR
35 Acres
1 TDR
60 Acres
1 TDR
70 Acres
2 TIID U^"^ ^f rlovca^rnt^ntTDRs
90 Acres
2 Pei rn"^ of 2avel^rt^^ntTDRs
135 Acres
3 TT'D TTA''^ nfTin, 7.1^rntnntTDRs
140 Acres
4 TDRs
3. Transfer of Fractions of TDRs Prohibited. The transfer of less than one TDR,
or any fractional interest of less than a whole number, is prohibited.
4. Preservation Sites Shall bBe Located in the Rural/Remote Zone District. A
Preservation Site -shall be located within the Rural/Remote Zone District.
5. Preservation Sites Shall bBe Legally Created and aAre Subject to
Cumulation Provisions. A Preservation Site shall be a legally created parcel and is subject to
the cumulation provisions of section 6-50.-20
6. Preservation Sites Shall be Deed Restricted Against Further Development.
Upon severance of a TDR from a Preservation Site, the Preservation Site shall be deed restricted
against all further development, as that term is defined in section 8 1 of the Pitkin County L:nd
Use Code The form of deed restriction must be approved by the County Attorney.
7. One Legally Created Structure Up to 1000 Square Feet in Size May be
Retained on a Preservation Site, and One TDR Severed, Subject to Special Review
Approval and the Following Additional Standards and Criteria.:
a. The structure must pre -date the enactment of the Rural/Remote Zone District;
b. The structure must be 1000 square feet or less in size;
c. The structure must be deed restricted to category employee housing as specified by
the Board of County Commissioners;
Ord. #9931 Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 2
d. The Preservation Site must be restricted against all further development, as that term
is defined in section 8-1, in a form acceptable to the County Attorney;
e. The structure may never be expanded;
f. The structure may not be subdivided, separately conveyed or otherwise separated
from the underlying Preservation Site; and
g•
The structure must be on at least a thirty-five acre parcel, or must be on a legally
created separate parcel that is substandard in size. Subdivision shall not be permitted
to create parcels less than thirty-five acres in size.
B. General Standards and Criteria for Receiver Sites.
1. Receiver Site Must Obtain Special Review Approval. No development of a
Receiver Site with 4:1;114.14iglasTDRs shall be carried out unless such development complies with
the standards and criteria of this section and has been approved by special review pursuant to
Ssection 3-210.-10 of the Pitkin Ce'l^ty band blcs r^w.
2. Receiver Site Has Potential to Receive TORl3ghtsTDRs.. In addition to any
other use permitted by the applicable zone district, a Receiver Site shall be eligible for
development with TDR RightcTDRs. The transfer of a TDR.P ightto a specific Receiver Site
shall be accomplished through the procedure outlined in-Ssection 4-60.95.belew,
3. Receiver Site Located Anywhere in Pitkin County. A Receiver Site may be
located anywhere in Pitkin County, subject to the standards and criteria of this section and the
special review criteria of section 3-210-10.
4. Uses Proposed on Receiver Site Must be Consistent With Underlying Zone
District. Except as expressly authorized in this section, all development of the Receiver Site
shall comply with each and every requirement of the applicable zoning district regulations.
5. Aggregation of TDRs Permitted on Single Receiver Site. Multiple TDRs may
be allowed through special review to be aggregated from different Preservation Sites for
development on a single Receiver Site, provided that the bulk area restrictions of the underlying
zone district of the Receiver Site may be exceeded only as authorized by this provision.
56. No Affordable Housing Mitigation to the Extent of the Transfer. NTo the
extent of the transfer only, no affordable housing mitigation is required for development on
Receiver Sites using TDRs.
3-310-30 Standards and Criteria for Transfer of Development Rights from a
Rural/Remote Preservation Site to a Receiver Site Located Outside of the
Rural/Remote Zone District.
A. Transfer of Development Rights Requires Approval Sby Special Review.
The transfer of development rights from a Preservation Site to a Receiver Site which is not
located in the Rural/Remote Zone District shall be approved by special review pursuant to
Ord. #99I6 Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 3
Ssection 3-210.10- and shall be subject to each and every
requirement of the Pitkin Co^rty L^^"4 T Tfe Code, except as expressly provided for in this
section.
B. TDRs May be Severed from Preservation Sites for Use Outside the
Rural/Remote Zone District for Intensity Bonuses and GMQS Exemptions. In addition to
any other use permitted by the applicable zone district, a Receiver Site shall be eligible for
development with TDRs. The transfer of a TDR to a specific Receiver Site shall be accomplished
through the procedure outlined in section 4-60.95. Upon compliance with all of the provisions of
this section, TDRs may be used on Receiver Sites for:
a. Floor Area Intensity Bonus. Based on the standards and criteria of this section,
TDRs may be severed from Preservation Sites and transferred to Preservation Sites
located outside of the rural/Remote Zone District to obtain a floor area intensity bonus for
permitting a higher allowed square footage, except where there is an underlying floor
area ratio which limits the allowed square footage to less than 15,000 square feet and/or a
development approval limited the square footage allowed and does not provide for the
use of TDRs;
b. GMQS Exemption. Based on the standards and criteria of this section, TDRs
may be severed from Preservation Sites and transferred to Receiver Sites located outside
of the Rural/Remote Zone District to obtain growth management quota system
exemptions.
R. Ra..o...ar_ c;+e Mva+ nits.* U..ae..Iy:..g 7.. a r11d.An+ Dnq.....n...nn+.t A r.^....r
p...^1 /D e«,..+e 7..124Jl: ^1p.,+ ^h^ll_.000t +he ...,.1o.ly:..g .e.l..:..,n.t,m+^ ,.v+h^ .,,.,,,, a:^+•ict of +'V.
po^e:..ore:+o r£tbe ..nAoly6 g.o.I..4.o.,..on+r..f+bo Da^^i..^re:+y...no .i:,.+.Y^+J.or, nn+tY
p^+:,4;e,1 +b48onov'r Site m..^+^rr..y,.:^te few
Section 3 220.20 of the Pitkin County Land Use Code prior to any transfer&
C. Press-vetien S4t^s M-rt b^ B ,Fr:^.^a Agn:n.# A11 linens.. no..ol..pn.e..*
r*or'» y i^ ^ form ^c^ep+^ble to the County Attorney.
C.I. Transfers from Certain Preservation Site Locations Limited to Certain
Receiver Sites Locations. Development Rights from a Preservation Site located within the Little
Annie/Richmond Hill, Maroon/Castle, Independence/Lincoln and Woody Creek/Hunter Creek
Planning Areas may only be transferred to a Receiver Site located within the Metro area or the
expanded housing study area of the Aspen Area Community Plan (up valley of Aspen Village).
Development Rights from a Preservation Site located within the Fryingpan Planning Area may
only be transferred to a Receiver Site located within the Non -Metro area of Pitkin County (the
area not included within the Metro area identified in the Aspen Area Community Plan).
Aggreget'en etTDP.P4ghtc Per —Peed OP tingle Receiver Site. Trar^F^-^tlo
+lavelor.,,a.,t .:ah+...,,^y be ^aa.ea,t>a a^.„ a:rf a„+ Preser,^+:,..Le:+ocfrr aovol,.r.,,an+ on
',Wale. Da..e:,.e. e:+4s r...�.:.4e.4 +h^+.,....w:.1.,.,+:..1.trv,l..r.,,.,.,+n..t..:A....f�b.hTt...^lm.,.....+.�7.....,
n:r+an+ n11^11„p....o-A 15,000 square feet of re..Klen+:^t a^^- ^tee^ w:+h^^+ ^re^:^l revie••• r..«,•^^t
to cation 3 200 90 o f he Pitkin County r and 1 ce C^ae ar at. nuch maximum.ec:aen+:^1 cguase
Ord. #99-_40 Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 4
D.E. Standards and Criteria for the Use of TDRs for
— 1. —Intensity-Intensity Bonuses to Exceed Bulk Area Restrictions on for
Receiver Site
Zono-District. The transfer of a Development Right from a Preservation Site to a qualifying
Receiver Site approved through special review which is not located in the Rural/Remote Zone
District shall entitle the Receiver Site to an intensity bonus of 5,000 square feet of
residential floor area per TDR beyond the allowed square footage of the underlying zone district.
The intensity bonus shall not be available to any Receiver Site where:
a. the underlying zone district contains a floor area ratio restriction that would not
permit the square footage of floor area sought; and/or
b. a prior development approval limited the square footage allowed, and there was
no provision for the use of TDRs to exceed the allowed square footage.
Site f r e..e.+. TD r nit sf De..e1o«...a«t trunl f rrvA For vvsr ao..e that the PrgsoAc..tio.. Site
P ve 1 lc ..,..es .be ,1e.rel,Tret,.1,.,1}3.e ent:tiva tn n,1,1;tin,..,1 ,...e rank (1%) bonny in gr^"s
9,.,.Fnvr., witk" en, el.,,1n,1,1:ti,...n1 t11 �tr ,,. re. e t (1l%)1,,,n,.c ri-...,;,1a,1 t1,.,t frnnt:nnn ,.r
,..mat"Sc" shall ^ot 1 e ,.,.,..,te,1
2E. Standards and Criteria for the Use of TDRs for GMQS
Exemptions A Receiving Site outside of the
Rural/Remote Zone District which is approved by special approval -review for development with
TDR RightsTDRs shall be exempt from the Growth Management Quota System only where the
square footage transferred equals or exceeds a certain percentage of the total square footage of the
entire
unit.
The use of one TDR results in one GMQS exempt unit of up to 5000 square feet in size.
Additional square footage may be possible where more than one TDR is used based on the sliding
scale below,:
Al. Where the total gross floor area of a residential dwelling unit seeking a GMQS
exemption is less than or equal to 5,000 square feet, a GMQS exemption shall be
granted if the square footage transferred to the unit equals or exceeds thirty percent
(30%) of the total square footage of the unit.
11.2. Where the total gross floor area of a residential dwelling unit seeking a GMQS
exemption is greater than 5,000 square feet but less than or equal to 7,500 square
feet, a GMQS exemption shall be granted if the square footage transferred to the unit
equals or exceeds forty percent (40%) of the total square footage of the unit.
C3. Where the total gross floor area of a residential dwelling unit seeking a GMQS
exemption is greater than 7,500 square feet but less than or equal to 10,000 square
feet, a GMQS exemption shall be granted if the square footage transferred to the unit
equals or exceeds forty-five percent (45%) of the total square footage of the unit.
Ord. #993C, Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 5
D4. Where the total gross floor area of a residential dwelling unit seeking a GMQS
exemption is greater than 10,000 square feet but less than or equal to 12,500 square
feet, a GMQS exemption shall be granted if the square footage transferred to the unit
equals or exceeds forty-eight percent (48%) of the total square footage of the unit.
U5. Where the total gross floor area of a residential dwelling unit seeking a GMQS
exemption is greater than 12,500 square feet but less than or equal to 15,000 square
feet, a GMQS exemption shall be granted if the square footage transferred to the unit
equals or exceeds fifty percent (50%) of the total square footage of the unit.
£ Whore TDRs -re tr^frred'e i^crease ra^'de^421 s1p.,v footn8e l .. SOW
&....-e fa- rh•-e,m^* to Section 3 200 90, c,000 square feet per TDR shall be grnnterl.
a nnnn:.,er S;re Mny Vary carom U...le..::.. 7..210 n;ct..;,.• D..t>t A rang
D..eM:ai:nnc3SL%'nr0.TJW_Digbfc....n T......ecnne.: far as. D....l...en ,.r 1 :..g. Sq"n'-a
�'nM^ge Ahaw. 1 C/ Afi Cr. Fnet TTr..n n.,u,r1;nn..e ..nth t1,0.cpenin1 pe..ie,. C-;te-;., of
ection 3 200 D;tkin County T and Uge Gode A Deceive- Site maybe permitted to va..;
fr.....$1,9_..-en and k..11. 1:n,:tntinnr
The following chart summarizes the intensity bonuses and GMQS exemptions for transfers of
TDR RightrTDRs to Receiver Sites located outside of the Rural/Remote Zone District:
EXAMPLES OF INTENSITY BONUSES AND GMQS EXEMPTIONS FOR TRANSFERS
"Epp DIrUTCTDRs OUTSIDE OF THE RURAL/REMOTE ZONE DISTRICT
OF
Total Floor Area of Unit
Seeking GMQS Exemption
Minimum
Percent
Square
Footage from
Of Transfer
Number of XDRId,BsTDRs find A mnnn • of
Square -Footage -Required for GMQS Exem
and Amount of Intensity Bonus (Not Available to
Exceed F.A.R. Restrictions, or Square Footage Limitations Sel
Development Approvals)
ption
Forth in
<_ 5,000 SF
30%
f T ID f 1,c00 SF (after benw)1 TDR = 5,000
SF
GMQS exemption
1 TDR = 5,000 SF intensity bonus
> 5,000 SF, but < 7,500 SF
40%
2 TTW eF (ails- be-ius)2 TDRs = 7,50Q
SF
,0t'O
GMQS exemption
2 TDRs = 10,000 SF intensity bonus
> 7,500 SF, but < 10,000 SF
45%
4 TTID 14,500 SF (-fir benur)3 TDRs = 10,0
0 SF
GMQS exemption
3 TDRs = 15,000 SF intensity bonus
> 10,000 SF, but < 12,500 SF
48%
n TDD f6 000 SF (awe- beams)A TDRs = 12,5
GMQS exemption
4 TDRs = 20,000 SF intensity bonus
0 SF
> 12,500 SF, but < 15,000 SF
50%
c TDR/7,50fl-SF (arse- benus)5 TDRs = 15,0C
0 SF
GMQS exemption
5 TDRs = 25,000 SF intensity bonus
Ord. #99 , Attachment A: Adding PCLUC §3-310, Transfer of Development Rights
Page 6
3-310-040 Standards and Criteria for Transfer of Development Rights from a
Preservation Site to a Receiver Site Located Within the Rural/Remote Zone
District.
A. Transfer of Development Rights Requires Approval by Special Review. The
transfer of development rights from a Preservation Site to a Receiver Site located within the
Rural/Remote Zone District shall be approved by special review pursuant to the standards and
criteria of this section, section 3-210-10 and shall be subject to each and every requirement of the
Pitkin County Land Use Code.
B. TDRs May be Severed from Preservation Sites for Use Within the Rural/
Remote Zone District for a GMQS Exemption or Aggregation. Upon compliance with all of
the provisions of this section, TDRs may be severed from Preservation Sites and used within the
Rural/Remote Zone District for:
1. GMQS Exemptions. Based on the standards and criteria of this section, TDRs
may be severed from Preservation Sites and transferred to Receiver Sites located within the
Rural/Remote Zone District to obtain growth management quota system exemptions.
2. Aggregation to Exceed Bulk Area Restrictions. Based on the standards and
criteria of this section, TDRs may be severed from Preservation Sites and transferred to Receiver
Sites located within the Rural/Remote zone district for aggregation purposes to allow for
additional square footage of floor area beyond the bulk area restrictions of the underlying zone
district.
C. Standards and Criteria for the Use of TDRs for GMQS Exemptions. The use
of TDRs for exemptions from the growth management quota system shall be subject to the
standards and criteria of this section and special review pursuant to section 3-210-10.
1. TDRs Severed From Preservation Sites May be Used for a GMQS
Exemption on a Receiver Site Located Within the Rural/Remote Zone District. TDRs may
be severed from Preservation Sites and transferred to Receiver Sites within the Rural/Remote
Zone District to obtain a GMQS exemption. A TDR may be severed from a Preservation Site that
is less than thirty-five acres in size, provided that it was legally created, to create a GMQS
exemption on a Receiver Site within the Rural/Remote Zone District.
2. TDRs May Not be Used to Obtain GMQS Exemptions Where Aggregation is
Proposed Within the Rural/Remote Zone District. TDRs shall not be used to obtain
exemptions from growth management where aggregation is proposed within the Rural/Remote
Zone District.
3. Preservation and Receiver Sites Must be Within Same Planning Area.
Preservation Sites must be located within the same planning area where the Receiver Site
proposed for the GMQS exemption is located. The planning areas are defined by Ordinances
#94-16, #95-24, #99-13 and are known as: the Little Annie/Richmond Hill planning area; the
Maroon/Castle planning area; the Independence/Lincoln planning area; the Woody Creek/Hunter
Creek planning area; the Fryingpan planning area; and a Portion of the White River National
Forest Maroon Bells-Snowmass Wilderness Area and the Area Surrounding the Confluence of the
Bulldog and Avalanche Creeks, Including a 40± Acre Parcel Comprised of the Amazon Lode, the
Ord. #99-Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 7
Anderson Lode, the Bunker Hill Lode and the Mascott Lode Mining Claims planning area.
D. Standards and Criteria for the Use of TDRs for Aggregation on Receiver
Sites. The use of TDRs for aggregation on Receiver Sites to exceed the bulk area restriction of
1000 square feet of floor area of the Rural/Remote zone district shall be subject to the standards
and criteria of this section and special review pursuant to section 3-210-10.
1. General Standards and Criteria for Aggregation of TDRs on Receiver Sites.
The following general criteria shall apply to the use of TDRs within the Rural/ Remote zone
district for aggregation on Receiver Sites:
a. TDRs May be Used to Aggregate Square Footage Up to 2500 Square Feet. As
defined in the Rural/Remote Zone District, the square footage of floor area permitted in
the zone may be exceeded through the use of TDRs to aggregate square footage on
Receiver Sites up to 2500 square feet of floor area.
b. Concurrent Approval of Preservation and Receiver Site(s) Required. The
Preservation Sites and Receiver Sites must be approved concurrently for the use of TDRs
for aggregation purposes within the Rural/Remote Zone District.
c. Preservation Sites Must be a Minimum of 105 Contiguous Acres for the Use of
TDRs to Aggregate Square Footage on Receiver Sites. For aggregation to be
considered within the Rural/Remote zone, the proposed Preservation Sites must be a
minimum of 105 contiguous acres in size. The Receiver Site may be any size, provided it
is legally created, and shall not be included in the calculation of the minimum 105 acres
of the Preservation Sites even if the Receiver Site is contiguous to the Preservation Sites.
d. Common Ownership is Required. To be considered for aggregation, the applicant
must own a minimum of 105 contiguous acres of land within the Rural/Remote zone as
of the date of the adoption of this provision. Common ownership as of the date of the
adoption of this provision is also required of both the proposed Receiver and Preservation
Sites where aggregation is requested. Assembly of land under multiple ownership for
purposes of complying with the common ownership requirement shall not be permitted.
e. Preservation and Receiver Sites Must be Within Same Planning Area.
Preservation Sites must be located within the same planning area where the Receiver Site
proposed for aggregation with TDRs is located. The planning areas are defined by
Ordinances #94-16, #95-24, #99-13 and are known as: the Little Annie/Richmond Hill
planning area; the Maroon/Castle planning area; the Independence/Lincoln planning area;
the Woody Creek/Hunter Creek planning area; the Fryingpan planning area; and a
Portion of the White River National Forest Maroon Bells-Snowmass Wilderness Area
and the Area Surrounding the Confluence of the Bulldog and Avalanche Creeks,
Including a 401 Acre Parcel Comprised of the Amazon Lode, the Anderson Lode, the
Bunker Hill Lode and the Mascott Lode Mining Claims planning area.
2. Receiving Sites Must Satisfy Threshold Requirements. In addition to meeting
the requirements of the special review process in Section 3-210.10 of the Pitkin County Land Use
Code, no development shall be authorized using TDRs for aggregation purposes on Receiver
Sites located in a Rural/Remote Zone District unless the following standards and criteria are
satisfied:
Ord. #99 , Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 8
a. General Receiver Site Standards and Criteria.
1) The Development and Use of the Receiver Site Shall Result in an Overall
Benefit to the Public and the County. The development of the Receiver Site shall
result in a benefit to the public and the County considering the potential development
of the Preservation Sites preserved from development and the overall goals of the
Rural/Remote Zone District.
2) The Square Footage Proposed for the Receiver Site Shall be Determined at
the Discretion of the Board of County Commissioners Based on the Standards
and Criteria of this Section. The additional square footage allowed through
aggregation, up to a maximum of 2500 square feet of floor area, shall be determined
at the discretion of the Board of County Commissioners based on the standards and
criteria of this section.
3) The Receiver Site Shall be Deed Restricted Against Any Additional
Development Beyond That Approved Through Special Review. The approval of
a Receiver Site for aggregation through the use of TDRs, and the approval of
additional square footage of floor area than allowed in the Rural/Remote Zone
District, shall require the restriction of the Receiver Site against all future
development. The restriction shall be recorded against the property in a form
approved by the County Attorney.
b. Standards and Criteria Relating to the Location and Characteristics of the
Receiver Site.
1) The Receiver Site Shall be Legally Created. The Receiver Site proposed for
aggregation shall be legally created and is not subject to any minimum acreage,
provided however that no subdivision shall be permitted that creates a parcel fewer
than thirty-five acres in size.
2) The Receiver Site Shall be Developable. As part of the review process, for
approval to be granted for any aggregation, it must be determined that the Receiver
Site is developable pursuant to the Pitkin County Land Use Code. The use of TDRs
shall not be approved if there is no hazard -free building envelope available on the
Receiver Site, nor shall the use of TDRs for aggregation be authorized through the
takings procedure of section 4-150.
3) The Receiver Site Shall be Located Along the Edge of the Rural/Remote
Zone District, in a Transitional or Fringe Rural and Remote Area. Receiver
Sites proposed for aggregation shall be located along the edge of the Rural/Remote
Zone District, in areas that are Transitional or Fringe Rural and Remote areas as that
term is defined in section 8-1.
4) The Receiver Site Shall Have a GMQS Allocation or Qualify for an
Exemption. The Receiver Site shall obtain a GMQS allocation or qualify for an
exemption prior to or concurrently with the special review of the Receiver Site.
5) The Receiver Site Shall be Within 'A Mile of an Existing County Roadway.
The Receiver Site shall be within' 'A mile of an existing County roadway that does not
require extensive improvement. All roads shall meet minimum 1041 standards, and
Ord. #99-i Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 9
otherwise comply with the Code.
c. Standards and Criteria Relating to the Proposed Use and Development of the
Receiver Site.
1) The Proposed Use and Development of the Receiver Site Shall be Consistent
and Compatible With the Intent of the Rural/Remote Zone District. Any
proposed use and development of a Receiver Site shall be consistent and compatible
with the intent of the Rural/Remote Zone District.
2) The Proposed Use and Development of the Receiver Site Shall Not Result in
a Fundamental Change in Character of the Area. The proposed use and
development of the Receiver Site shall consider the character of the lands within the
Rural/Remote Zone District and no proposal shall be approved that is likely to result
in a fundamental change of the character of lands zoned Rural/Remote.
3) The Proposed Use and Development of the Receiver Site Shall be
Containable. The proposed use and development of the Receiver Site shall be
containable, and shall not be incompatible with the character of a neighborhood or
area. The proposed use and development of the Receiver Site shall also not promote
sprawl.
4) The Proposed Use and Development of the Receiver Site Shall Not
Negatively Impact or be Highly Visible From Any Forest Service Lands That
are Designated Wilderness Areas. The proposed use and development of the
Receiver Site shall not negatively impact or be highly visible from any designated
Wilderness Areas.
5) The Proposed Use and Development of the Receiving Site Shall Not
Significantly Impact Wildlife. The use and development on Receiver Sites shall not
significantly impact wildlife. No Receiver Site use or development shall be located
in a deer, elk or bighorn sheep winter concentration area, severe winter range or
critical wildlife habitat, or within 1/4 mile of deer and elk migration corridors and
production areas.
6) The Proposed Use and Development of the Receiving Site Shall Not
Significantly Impact Wildlife Habitat. The use and development on Receiver Sites
shall not significantly impact any wildlife habitat. No Receiver Site use or
development shall be located within riparian, shoreland or wetland areas as defined in
the Pitkin County Land Use Code.
3. Preservation Sites Must Satisfy Threshold Requirements. In addition to
meeting the requirements of the special review process in Section 3-210.10 of the Pitkin County
Land Use Code, no development shall be authorized using TDRs for aggregation purposes within
the Rural/Remote Zone District unless the Preservation Sites proposed satisfy the following
standards and criteria:
a. General Preservation Site Standards and Criteria.
1) To Be Eligible for Aggregation a Minimum of 105 Contiguous Acres Held
Ord. #99$$, Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 10
Under Common Ownership Must be Committed to the Use of TDRs. For
aggregation to be considered within the Rural/Remote Zone District, the applicant
must hold under common ownership a minimum of 105 contiguous acres as of the
date of the enactment of this section. The 105 acres held under common ownership
must be proposed as one Preservation Site and be committed exclusively for the use
of TDRs, and a commitment must be made that no new development will occur on
the entire 105 acre site. For purposes of this section only, and in determining
whether the minimum 105 acres are contiguous, a road under claim of County
ownership, whether the claim is in the form of a fee, prescriptive or easement
interest, shall not interrupt contiguity.
2) TDRs Associated With 105 Contiguous Acres Shall Either be Approved for
Aggregation on Receiver Sites Within the Rural/Remote Zone District or the
TDRs May be Transferred Out of the Rural/Remote Zone District. The TDRs
associated with the 105 acre minimum Preservation Site may be approved for
aggregation purposes on more than one Receiver Site within the Rural/ Remote Zone
District. As the entire 105 acre Preservation Site must be committed to TDRs, if all
three TDRs are not permitted to be used for aggregation within the Rural/Remote
zone, the TDRs will nonetheless be saleable for use outside of the zone district in
accordance with the provisions of this section.
3) TDRs Proposed for Aggregation Purposes Within the Rural/Remote Zone
District Must be Proposed on Preservation Sites at Least 35 Acres in Size.
Preservation Sites that are proposed in connection with a request to use TDRs to
aggregate square footage on a Receiver Site must be a minimum of thirty-five acres
in size. For example, the Preservation Site of a minimum 105 contiguous acres will
result in three (3) TDRs available for transfer. If additional transfers are necessary
beyond the three (3) TDRs severed from the 105 acre Preservation Site, then those
TDRs must be obtained from Preservation Sites at least 35 acres in size.
b. Standards and Criteria Relating to the Characteristics of the Preservation Sites.
1) Potential Development of Proposed Preservation Sites Must Present an
Exceptional Threat to the Integrity and Intent of the Rural/Remote Zone
District. Any Preservation Site proposed in connection with a request to use TDRs
to aggregate square footage on a Receiver Site shall be considered in terms of the
overall benefit to the public and County, including the threat of the development of
the Preservation Site to the integrity and intent of the Rural/Remote Zone District.
2) Preservation Sites Must be Developable. As part of the review process, and as
a prerequisite for approval to be granted, it must be determined that the Preservation
Sites would be developable pursuant to the Pitkin County Land Use Code, except that
a GMQS allocation or exemption shall not be required. TDRs shall not be approved
if development of the Preservation Site would not be permitted under the Code and
the availability of the takings determination procedure in section 4-150 shall not be
considered in determining whether the Preservation Site is developable.
3A Preservation Sites Must be Restricted Against All Future Development.
Preservation Sites must be restricted against all future development in a form
acceptable to the County Attorney.
Ord. #993 Attachment A: Adding PCLUC §3-310, Transfer of Development Rights
Page 11
4. Standards and Criteria for Intensity Bonuses for Aggregation of TDRs on
Receiver Sites Located Within the Rural/Remote Zone District. A transfer of development
rights from a Preservation Site to a Receiver Site located within the Rural/Remote Zone District
shall result in a floor area intensity bonus permitting a higher allowed square footage than that
permitted pursuant to the Rural/Remote Zone District, provided that no development within the
Rural/Remote Zone District shall exceed 2,500 square feet of floor area as floor area is defined by
the Rural/Remote Zone District.
a. Intensity Bonus for Use of TDRs on an Approved Receiver Site. An intensity
bonus, permitting an increase in the allowed square footage of floor area in the
Rural/Remote Zone District shall be allowed on approved Receiver Sites as follows:
# of TDRs Required
Intensity
Bonus/Square
Footage Allowed
0
1000
1
1500
2
2000
4
2500
b. 2500 Square Foot Limitation on Aggregation of T.SR-RightsTDRs on Receiver
Sites. While aggregation of TDR RightsTDRs on Receiver Sites is permitted, an
aggregated transfer within the Rural/Remote Zone District shall not in any case
exceed two thousand and five hundred (2,500) square feet of floor area as floor area
is defined in the Rural/Remote Zone District.
3-310-050 RESERVED
3-310-060 Standards and Criteria for Transfer of Development Rights Vested Prior to
the Adoption of the Rural/Remote Zone District
To the extent a Preservation Site has Development Rights which vested prior to the
adoption of the Rural/Remote Zone District, such Development Rights may be severed and
transferred as Tn° D ghtrTDRs to Receiver Sites located outside of the Rural/Remote Zone
District in accordance with the procedures set forth in Sections 4-60.95, 4-70.25 and/or 4-80.25
below. In addition to the standards and criteria set forth in Sections (A) and (B) above, the
following standards and criteria shall apply and supersede said Sections (A) and (B) to the extent
of any conflict.
1. Development Rights Must be Vested Prior to the Adoption of the
Rural/Remote Zone District. To be eligible for transfer pursuant to the provisions of this
Section, Development Rights must be vested as defined by the Piticin County Land Use Code
prior to the adoption of the Rural/Remote Zone District (November 15, 1995). To the extent
Development Rights exist by virtue of a final, non -appealable court order, such Development
Ord. #99-14Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 12
Rights shall also be eligible for severance and transfer as ightsTDRs to Receiver Sites.
2. Transfer of Development Rights Limited to Receiver Sites Located Outside
of the Rural/Remote Zone District. The transfer of Development Rights pursuant to this
Section shall be limited to Receiver Sites located outside of the Rural/Remote Zone District.
3. Transfer of Development Rights Subject to Provisions of Section 3-310-030
and GMQS Exemption Limited. ° `aij D,.tenaall Result i« a TptaJ noes. Floor apea
Cro.. T1.o.1C /11nn Cgnnce_rtre* T1.a we« r r { Dv..v1 rmv«t D;gh,rt_r....r..e«..o t1 : cent:,.«
r«ny rw•«,•ahtbiureredi.r , —d special review re+ c'ewh ¥ Snetie44-69.95 below,
fri r :,iv.t 4-1-,lvyvinrmvnt which excee,l.. 1Snn0 squ" of of ron;,to"4:�1 Fl,.,...,ra. or er ......1.
me .im..m ..gua_e a etage may he emended by t1.v Board &Count y Comm;..vongrg from time to
Liar. TDRs may be transferred to Receiver Sites located outside of the Rural/Remote zone,
subject to the provisions of section 3-310-030. The Receiving Site shall be eligible for an
exemption from the Growth Management Quota systems as set forth in section 3-310-030.
A Rers 1 i g Wes £xrrt from 0114QC A Recn""g Gte ,...t..; to n fyl,o
D.... /D emety lore Digt.:et wh:..h :.. approvsd b.. spitoiel -ee... !o dr'slopment with TDD
D:g1a.. shall bs v.rempt from the Gre...th Management !loud.. Systsm a mt f rth :« Segtien 3
1 cn Q(11)(5)(1) akov, However, where the total gross floor area of a residential dwelling unit
seeking a GMQS exemption is greater than 15,000 square feet, a GMQS exemption shall only be
granted if the total square footage transferred to the unit equals or exceeds seventy-five percent
(75%) of the total square footage of the residential unit.
Ord. #99 -, Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 13
ATTACHMENT "B"
Repeal and Re-enact Pitkin County Land Use Code, Section 3-40, Subsections 3-40-
10, 3-40-20, 3-40-30, 3-40-40, 3-40-50, 3-40-60, 3-40-70, 3-40-71, 3-40-72, 3-40-73, 3-
40-75, 3-40-80, 3-40-90, 3-40-110, 3-40-120, 3-40-130, 340-140, 3-40-150, 3-40-160, 3-
40-170, 3-40-180, 3-40-190, 3-40-210, 3-40-220, 3-40-230, Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards as follows:
Ord. #9954, Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards
Page 1
Repeal and Re -Enact § 3-40-010 as follows:
3-40-010 General
A. Intent: The intent of each zone district is established in this section of the Code.
The intent statements should be used in conjunction with other County standards and policies to
evaluate rezoning and special review use applications.
B. Use: The zone districts set forth the uses of land that are allowed in each district,
those that require special review and those uses that are prohibited. Uses that are not listed are
prohibited. In the B-2 zone district, uses that are not listed may be allowed following application
and review through the Special Review process.
C. Dimensional Requirements: The zone districts set forth dimensional
requirements for lands within each zone district. Dimensional requirements include standards for
minimum lot size, building setbacks from property lines, building height, floor area, open space,
lot dimension, etc.
D. Maximum Density and Floor Area: The zone districts include minimum lot size
requirements, which determine the maximum development intensity of land in a particular zone
district. A subdivision or other development application is not automatically entitled to the
maximum density and/or floor area allowed in the zone district in which the land is located.
Density and permitted floor area shall be established based upon compliance with adopted
standards and consideration of adopted plans and policies.
(Prior code § 3-401)
(Ord. 98-06, Amended, 02/11/1998)
Repeal and Re -Enact § 3-40-020 as Follows:
3-40-020 R-6 Medium Density Residential
A. Intent: The R-6, Medium Density Residential district, is intended to provide areas
for medium density, single family, residential dwelling units with customary accessory uses on
small lots. The district should provide a comfortable, healthy, safe and pleasant environment,
sheltered from incompatible and disruptive activities. The district is anticipated to be located
within unincorporated towns in Pitkin County. Recreational and institutional uses customarily
found nearby residential uses are envisioned to be permitted or special review uses.
B. Allowed Uses: The following uses are allowed as of right in the Medium Density
Residential (R-6) Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Crop Production
4. Home Occupations
5. Parks, Playground, Playing Fields
6. Manufactured Home
7. Single Family Dwelling Units with five (5) or less bedrooms
Ord. #99 Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 2
Allowed Uses, Special Review Uses and Dimensional Standards
8. Single Family Dwelling Units with aad•a potential of up to, but not exceeding, less
tarn-_15,000 square feet of floor area
89. Solar Energy Collectors (Private Use)
109. Trails
C. Special Review Uses: The following uses are subject to special review:
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Cemeteries
4. Churches
5. Club Houses or Recreational Buildings used in connection with and accessory to
a permitted outdoor recreational use
6. Community Health Facilities
7. Day Care Centers
8. Employee Dwelling Units
9. Farm Buildings
10. Golf Course
11. Nursing, Convalescent, Rest, Retirement Homes
12. Outdoor Recreational Uses
13. Satellite Reception Devices
14. Schools / Universities
15. Sewage Disposal Areas / Landfills / Water Plants
16. Single Family Dwelling Units with six (6) or more bedrooms
17. Single Family Dwelling Units aatl/ocwith more than 15,000 square feet of floor
area (transferable development rights are required to exceed 15,000 square feet)
18. Transferable Development Rights ("TDRs")
4 19. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
4820. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the Medium Density
Residential (R-6) Zone District.
Ord. #99-J, Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards
Page 3
Uses
1. Airport
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
4. Animal Production and Husbandry Services, and Other Farm and Agricultural
5. Commercial Automobile Parking Lots
6. Commercial Camping Areas
7. Commercial Firewood Splitting, Storage and Sales
8. Commercial Kennels and Veterinary Clinics
9. Commercial Riding Stables
10. Dormitory Housing
11. Duplex Dwelling Units
12. Equipment Supplies and Contraction or Subcontraction
13. Essential Government and Public Utility Uses, Facilities and Services
14. Financial Institutions
15. General Services
16. Guest Ranch
17. Hospital
18. Junk Yards
19. Logging
20. Medical / Dental Clinics
21. Mineral Exploration/Mining Concrete Batch Plants
22. Mobile Homes
23. Motels, Hotels, Lodges
24. Multi -Family Dwelling Units
25. Nordic Ski Areas and Support Facilities
26. Offices
27. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores;.-'" "i-1-4 41". i^ «n c o .r nn "..Tint, nn.
the total space shall be limited
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed ses, Special Review Uses and Dimensional Standards
Page 4
to 80 square feet or gross leasable space per dwelling unit in the district
28. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
29. Professional Offices
30. Radio Transmitting Station
31. Research Facilities, Indoors
32. Research Facilities, Other
33. Resort Cabins
34. Restaurants and Bars
35. Timesharing / Fractional Fees
36. Uses not Listed
37. Vehicle and Aircraft Sales and Service
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the Medium Density Residential (R-6) Zone District.
1. Minimum Lot Area - 6,000 sq. ft.
2. Minimum Lot Area Principal Use - 6,000 sq. ft.
3. Minimum Lot Area per Dwelling Unit - 6,000 sq. ft.
4. Minimum Usable Open Space per Dwelling Unit - 1,500 sq. ft.
5. Minimum Front Yard Setback - See Figure 3-1
6. Minimum Side Yard Setback - See Figure 3-1
7. Minimum Rear Yard Setback - See Figure 3-1
8. Minimum Lot Width - 60 feet
9. Maximum Height Principal Structures - 28 feet
10. Maximum Height Accessory Structures - 20 feet
11. Maximum Floor Area Ratio - .30
(Ord. 95-6 § 10 (part), 1995; prior code § 3-402)
Repeal and Re -Enact § 3-40-030 as Follows:
340-030 R-15 Moderate Density Residential
A. Intent: The R-15, Moderate Density Residential district is intended to provide
areas for moderate density, single family, residential dwelling units with customary accessory
Ord. #99y,'�/, Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards
Page 5
JUNK
uses. The district should provide a comfortable, healthy, safe and pleasant environment,
sheltered from incompatible and disruptive activities. The district is anticipated to be located
adjacent to the City of Aspen. Recreational and institutional uses customarily found nearby
residential uses are envisioned to be permitted or special review uses.
B. Allowed Uses: The following uses are allowed as of right in the Moderate
Density Residential (R-15) Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Crop Production
4. Home Occupations
5. Parks, Playground, Playing Fields
6. Manufactured Horne
7. Single Family Dwelling Units with five (5) or less bedrooms
8. Single Family Dwelling Units with aad/er a potential of up to, but not exceeding,
Ir^r'ha^ 15,000 square feet of floor area
$9. Solar Energy Collectors (Private Use)
109. Trails
C. Special Review Uses: The following uses are subject to special review:
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Cemeteries
4. Churches
5. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
6. Community Health Facilities
7. Day Care Centers
8. Employee Dwelling Units
9. Farm Buildings
10. Golf Courses
11. Nursing, Convalescent, Rest, and Retirement Homes
12. Outdoor Recreational Uses
Ord. #9936 Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 6
Allowed Uses, Special Review Uses and Dimensional Standards
13. Satellite Reception Devices
14. Schools / Universities
15. Sewage Disposal Areas / Landfills / Water Plants
16. Single Family Dwelling Units with six (6) or more bedrooms
17. Single Family Dwelling Units with aad/opmore than 15,000 square feet of floor
area (transferable development rights are required to exceed 15,000 square feet)
18. Transferable Development Rights ("TDRs")
179. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
2048. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the Moderate Density
Residential (R-15) Zone District.
1. Airport
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
4. Animal Production and Husbandry Services and Other Farm and Agricultural
Uses
5. Commercial Automobile Parking Lots
6. Commercial Camping Areas
7. Commercial Firewood Splitting, Storage and Sales
8. Commercial Kennels and Veterinary Clinics
9. Commercial Riding Stables
10. Dormitory Housing
11. Duplex Dwelling Units
12. Equipment Supplies and Contraction or Subcontraction
13. Essential Government and Public Utility Uses, Facilities and Services
14. Financial lnstitutions
15. General Services
16. Guest Ranches
17. Hospitals
Ord. #99 Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 7
Allowed Uses, Special Review Uses and Dimensional Standards
18. Junk Yards
19. Logging
20. Medical / Dental Clinics
21. Mineral Exploration/Mining Concrete Batch Plants
22. Mobile Homes
23. Motels, Hotels, Lodges
24. Multi -Family Dwelling Units
25. Nordic Ski Areas and Support Facilities
26. Offices
27. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service Laundries, dry cleaning outlets and liquor stores; *b^t ^ "'^ 14-n wn'"^''i^t nn.
he total space shall be
limited to 80 square feet of gross leasable space per dwelling unit in the district
28. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
29. Professional Offices
30. Radio Transmitting Station
31. Research Facilities, Indoors
32. Research Facilities, Other
33. Resort Cabins
34. Restaurants and Bars
35. Timesharing / Fractional Fees
36. Uses not Listed
37. Vehicle and Aircraft Sales and Service
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the Moderate Density Residential (R-15) Zone District.
1. Minimum Lot Area - 15,000 sq. ft.
2. Minimum Lot Area Principal Use - 15,000 sq. ft.
3. Minimum Usable Open Space per Dwelling Unit - 3,000 sq. ft.
4. Minimum Front Yard Setback - See Figure 3-1
5. Minimum Side Yard Setback - See Figure 3-1
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 8
Allowed Uses, Special Review Uses and Dimensional Standards
6. Minimum Rear Yard Setback - See Figure 3-1
7. Minimum Lot Width - 75 feet
8. Maximum Height Principal Structures - 28 feet
9. Maximum Height Accessory Structures - 20 feet
10. Maximum Floor Area Ratio - .16 (Ord. 95-6 § 10 (part), 1995; prior code § 3-403)
Repeal and Re -Enact § 3-40-040 as Follows:
3.40-040 R-15A Moderate Density Residential
A. Intent: The R-15A, Moderate Density Residential district is intended to allow
moderate density residential development with customary accessory uses. Lands appropriate for
Moderate Density Residential zoning (R-15A) are generally situated at the edge of existing urban
centers and/or in areas where existing development density is in the range of three units per acre.
B. Allowed Uses: The following uses are allowed as of right in the Moderate
Density Residential (R-15A) Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Crop Production
4. Home Occupations
5, Parks, Playground, Playing Fields
6. Manufactured Home
7. Single Family Dwelling Units with five (5) or less bedrooms
8 d +k--1 1 Viru rg..^.,, a^Q...f Un " Single Family Dwelling Units
with five (5) or less bedrooms and a potential of up to, but not exceeding, 5,500 square feet of
floor area
944. Solar Energy Collectors (Private Use)
109. Trails
C. Special Review Uses: The following uses are subject to special review:
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Cemeteries
4. Churches
5. Club Houses or Recreational Buildings Used in connection with and accessory to
Ord. #99-, Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 9
Allowed Uses, Special Review Uses and Dimensional Standards
a permitted outdoor recreational use
6. Community Health Facilities
7. Day Care Centers
8. Employee Dwelling Units
9. Farm Buildings
10. Golf Courses
11. Nursing, Convalescent, Rest, and Retirement Homes
12. Outdoor Recreational Uses
13. Satellite Reception Devices
14. Schools / Universities
15. Sewage Disposal Areas / Landfills / Water Plants
16. Single Family Dwelling Units with six (6) or more bedrooms
.,.,.ti.,r nit, th.... 1 r nnn ..,i, - ra see. of aanr ....,.%
17. Transferable Development Rights ("TDRs")
1;8. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
1948. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the Moderate Density
Residential (R-15) Zone District.
Uses
1. Airport
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
4. Animal Production and Husbandry Services, and Other Farm and Agricultural
5. Commercial Automobile Parking Lots
6. Commercial Camping Areas
7. Commercial Firewood Splitting, Storage and Sales
8. Commercial Kennels and Veterinary Clinics
9. Commercial Riding Stables
10. Dormitory Housing
Ord. #99- , Attachment B: Amendments to § 3.40, Intent of Zone Districts,
Allowed ses, Special Review Uses and Dimensional Standards
Page 10
11. Duplex Dwelling Units
12. Equipment Supplies and Contraction or Subcontraction
13. Essential Government and Public Utility Uses, Facilities and Services
14. Financial Institutions
15. General Services
16. Guest Ranches
17. Hospitals
18. Junk Yards
19. Logging
20. Medical / Dental Clinics
21. Mineral Exploration/Mining Concrete Batch Plants
22. Mobile Homes
23. Motels, Hotels, Lodges
24. Multi -Family Dwelling Units
25. Nordic Ski Areas and Support Facilities
26. Offices
27. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores; tv-" '-' + +h^
^'^LflAer re^` the total space shall be limited
to 80 square feet of gross leasable space per dwelling unit in the district
28. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
29. Professional Offices
30. Radio Transmitting Station
31. Research Facilities, Indoors
32. Research Facilities, Other
33. Resort Cabins
34. Restaurants and Bars
35. Timesharing / Fractional Fees
36. Uses not Listed
Ord. #90 G, Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 11
Allowed Uses, Special Review Uses and Dimensional Standards
37. Vehicle and Aircraft Sales and Service
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the Moderate Density Residential (R-15) Zone District.
1. Minimum Lot Area - 15,000 sq. ft.
2. Minimum Lot Area Principal Use - 15,000 sq. ft.
3. Minimum Usable Open Space per Dwelling Unit - 3,000 sq. ft.
4. Minimum Front Yard Setback - See Figure 3-1
5. Minimum Side Yard Setback - See Figure 3-1
6. Minimum Rear Yard Setback - See Figure 3-1
7. Minimum Lot Width - 75 feet
8. Maximum Height Principal Structures - 28 feet
9. Maximum Height Accessory Structures - 20 feet
10. Maximum Floor Area - the allowable house size shall be based on the least
restrictive of the following formulas:
a. 3,500 square feet (plus 30% for duplexes), or
b. Floor Area Ratio (FAR) = .20 (plus 30% of allowed floor area for
duplexes)
In no case shall any house or duplex exceed 5,500 square feet in area.
(Ord. 95-6 § 10 (part), 1995; prior code § 3-404)
Repeal and Re -Enact § 3-40-050 as Follows:
3-40-050 R-30 Suburban Density Residential
A. Intent: The R-30, Suburban Density Residential district is intended to provide
areas for suburban density, single family, residential dwelling units with customary accessory
uses. Duplex dwelling units may be considered by special review. The district should provide a
comfortable, healthy, safe and pleasant environment, sheltered from incompatible and disruptive
activities. The district is anticipated to be located in proximity to the City of Aspen and the historic
Redstone Townsite. Recreational and institutional uses customarily found nearby residential uses
are envisioned to be permitted or special review uses.
B. Allowed Uses: The following uses are allowed as of right in the Suburban
Density Residential (R-30) Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Crop Production
Ord. #99-Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards
Page 12
4. Home Occupations
5. Parks, Playground, Playing Fields
6. Manufactured Home
7. Single Family Dwelling Units with five (5) or less bedrooms
8. Single Family Dwelling Units with a potential of up to, but not exceeding, 15,000
square feet of floor area
..74inr In— thr.. I CP0n err„_ .,. Fret ra finer r-on
89. Solar Energy Collectors (Private Use)
104. Trails
C. Special Review Uses: The following uses are subject to special review:
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Cemeteries
4. Churches
5. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
6. Community Health Facilities
7. Day Care Centers
8. Duplex Dwelling Units
9. Employee Dwelling Units
10. Farm Buildings
11. Golf Courses
12. Nursing, Convalescent, Rest, and Retirement Homes
13. Outdoor Recreational Uses
14. Satellite Reception Devices
15. Schools / Universities
16. Sewage Disposal Areas / Landfills / Water Plants
17. Single Family Dwelling Units with six (6) or more bedrooms
18. Single Family Dwelling Units with more than 15,000 square feet of floor area
(transferable development rights are required to exceed 15,000 square feet)
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards
Page 13
19. Transferable Development Rights ("TDRs")
4520. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
214S. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the Suburban Density
Residential (R-30) Zone District.
1. Airport
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
4. Animal Production and Husbandry Services, and Other Farm and Agricultural
Uses
5. Commercial Automobile Parking Lots
6. Commercial Camping Areas
7. Commercial Firewood Splitting, Storage and Sales
8. Commercial Kennels and Veterinary Clinics
9. Commercial Riding Stables
10. Dormitory Housing
11. Equipment Supplies and Contraction or Subcontraction
12. Essential Government and Public Utility Uses, Facilities and Services
13. Financial Institutions
14. General Services
15. Guest Ranches
16. Hospitals
17. Junk Yards
18. Logging
19. Medical / Dental Clinics
20. Mineral Exploration/Mining Concrete Batch Plants
21. Mobile Homes
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 14
Allowed ses, Special Review Uses and Dimensional Standards
22. Motels, Hotels, Lodges
23. Multi -Family Dwelling Units
24. Nordic Ski Areas and Support Facilities
25. Offices
26. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores; f '^vid& th^",'r "1",-M-'z7^^^
• the total space shall be limited
to 80 square feet of gross leasable space per dwelling unit in the district
27. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
28. Professional Offices
29. Radio Transmitting Station
30. Research Facilities, Indoors
31. Research Facilities, Other
32. Resort Cabins
33. Restaurants and Bars
34. Timesharing / Fractional Fees
35. Uses not Listed
36. Vehicle and Aircraft Sales and Service
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the Suburban Density Residential (R-30) Zone District.
1. Minimum Lot Area - 30,000 sq. ft.
2. Minimum Lot Area Principal Use - 30,000 sq. ft.
3. Minimum Usable Open Space per Dwelling Unit - 6,600 sq. ft.
4. Minimum Front Yard Setback - See Figure 3-1
5. Minimum Side Yard Setback - See Figure 3-1
6. Minimum Rear Yard Setback - See Figure 3-1
7. Minimum Lot Width - 100 feet
8. Maximum Height Principal Structure - 28 feet
9. Maximum Height Accessory Structure - 20 feet
10. Maximum Floor Area Ratio - .13
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed ses, Special Review Uses and Dimensional Standards
Page 15
(Ord. 95-6 § 10 (part), 1995; prior code § 3-405)
Repeal and Re -Enact § 3-40-060 as Follows:
3-40-060 MHP Mobile Home Park
A. Intent: The MHP, Mobile Home Park, district is intended to provide areas for
planned mobile home parks with customary accessory uses. The district is designed to provide
income and price restricted affordable, detached housing in a comfortable, healthy, and safe
environment, sheltered from incompatible and disruptive activities. The district need not be
located in proximity of incorporated or unincorporated towns but should be located on mass
transit routes, in areas with minimal impacts on surrounding areas and free of environmental
hazards.
B. Allowed Uses: The following uses are allowed as of right in the Mobile Home
Park (MHP) Zone District,
1. Accessory Buildings and Uses
2. Bus Stop
3. Crop Production
4. Home Occupations
5. Mobile Homes
6. Parks, Playground, Playing Fields
7. Solar Energy Collectors (Private Use)
8. Trails
C. Special Review Uses: The following uses are subject to special review:
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Cemeteries
4. Churches
5. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
6. Community Health Facilities
7. Day Care Centers
8. Duplex Dwelling Units
9. Employee Dwelling Units
10. Farm Buildings
Ord. #99- 3C,, Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 16
Allowed Uses, Special Review Uses and Dimensional Standards
11. Golf Courses
12. Multi -Family Dwelling Units
13. Nursing, Convalescent, Rest, and Retirement Homes
14. Outdoor Recreational Uses
15. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores; pr^••l"-th^t'n'ko n 'L'^^^ FliefFirc n^
• the total space shall be limited
to 80 square feet or gross leasable space per dwelling unit in the district
16. Manufactured Home
17. Satellite Reception Devices
18. Schools / Universities
19. Sewage Disposal Areas / Landfills / Water Plants
20. Single Family Dwelling Units of all sizes
21. Transferable Development Rights ("TDRs")
242. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
223. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the Mobile Home Park
(MHP) Zone District.
1. Airport
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
4. Animal Production and Husbandry Services, and Other Farm and Agricultural
Uses
5. Commercial Automobile Parking Lots
6. Commercial Camping Areas
7. Commercial Firewood Splitting, Storage and Sales
8. Commercial Kennels and Veterinary Clinics
9. Commercial Riding Stables
10. Dormitory Housing
11. Equipment Supplies and Contraction or Subcontraction
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards
Page 17
12. Essential Government and Public Utility Uses, Facilities and Services
13. Financial Institutions
14. General Services
15. Guest Ranches
16. Hospitals
17. Junk Yards
16. Logging
19. Medical / Dental Clinics
20. Mineral Exploration/Mining Concrete Batch Plants
21. Motels, Hotels, Lodges
22. Nordic Ski Areas and Support Facilities
23. Offices
24. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
25. Professional Offices
26. Radio Transmitting Station
27. Research Facilities, Indoors
28. Research Facilities, Other
29. Resort Cabins
30. Restaurants and Bars
31. Timesharing / Fractional Fees
32. Uses not Listed
33. Vehicle and Aircraft Sales and Service
E. Dimensional Requirements: The dimensional requirements which shall apply to
all permitted and special review uses in the Mobile Home Park (MHP) Zone District are
established in Figure 3-9, Section 3-270.70.
(Ord. 95-6 § 10 (part), 1995; prior code § 3-406)
Ord. #99-'Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards
Page 18
Repeal and Re -Enact § 3-40-070 as Follows:
3-40-070 AH Affordable Housing
A. Intent: The AH, Affordable Housing, district is intended to provide land for the
production of income and price restricted housing of all types. The district provides affordable
housing opportunities for permanent residents of Pitkin County in a comfortable, healthy and safe
location sheltered from incompatible and disruptive activities. The district need not be located in
proximity to incorporated or unincorporated towns but should be located in areas with minimal
impacts on surrounding areas, free of environmental hazards.
B. Allowed Uses: The following uses are allowed as of right in the Affordable
Housing (AH) Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Crop Production
4. Day Care Centers
5. Home Occupations
6. Mobile Homes
7. Parks, Playground, Playing Fields
8. Category 1, 2, 3 or 4 Deed Restricted Single Family Dwelling Units with fi"o (5)
,.. i"c^ Jaeg *%a, 1 c firm .lu..,.G f^et s -var .,rn.%
9. Solar Energy Collectors (Private Use)
10. Trails
C. Special Review Uses: The following uses are subject to special review:
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Cemeteries
4. Churches
5. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
6. Community Health Facilities
7. Dormitory Housing
8. Duplex Dwelling Units
9. Employee Dwelling Units
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 19
Allowed Uses, Special Review Uses and Dimensional Standards
10. Farm Buildings
11. Golf Courses
12. Multi -Family Dwelling Units
13. Nursing, Convalescent, Rest, and Retirement Homes
14. Outdoor Recreational Uses
15. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores;
• the total space shall be limited
to 80 square feet or gross leasable space per dwelling unit in the district
16. Manufactured Home
17. Satellite Reception Devices
18. Schools / Universities
19. Sewage Disposal Areas / Landfills / Water Plants
20. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
21. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the Affordable Housing
(AH) Zone District.
1. Airport
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
4. Animal Production and Husbandry Services, and Other Farm and Agricultural
Uses
5. Commercial Automobile Parking Lots
6. Commercial Camping Areas
7. Commercial Firewood Splitting, Storage and Sales
8. Commercial Kennels and Veterinary Clinics
9. Commercial Riding Stables
10. Equipment Supplies and Contraction or Subcontraction
11. Essential Government and Public Utility Uses, Facilities and Services
12. Financial Institutions
Ord. #99-`Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards
Page 20
13. General Services
14. Guest Ranches
15. Hospitals
16. Junk Yards
17. Logging
18. Medical / Dental Clinics
19. Mineral Exploration/Mining Concrete Batch Plants
21. Motels, Hotels, Lodges
22. Nordic Ski Areas and Support Facilities
23. Offices
24. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
25. Professional Offices
26. Radio Transmitting Station
27. Research Facilities, Indoors
28. Research Facilities, Other
29. Resort Cabins
30. Restaurants and Bars
31. Timesharing / Fractional Fees
32. Uses not Listed
33. Vehicle and Aircraft Sales and Service
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the Affordable Housing (AH) Zone District.
1. Minimum Lot Area - 6,000 sq. ft.
2. Minimum Lot Area Principal Use is dependent upon the type of Affordable
Housing:
a. Single Family Dwelling (SFD) - 3,000 sq. ft.
b. Duplex (DUP) - 3,000 sq. ft.
c. Multi -Family Studio (MF-ST) - 1,000 sq. ft.
d. Multi -Family 1 Bedroom - 1,250 sq. ft.
Ord. #99-Z, Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 21
Allowed Uses, Special Review Uses and Dimensional Standards
e. Multi -Family 2 Bedroom - 2,000 sq. ft.
f. Multi -Family 3 Bedroom - 3,000 sq. ft.
3. Minimum Usable Open Space per Dwelling Unit - 1,200 sq. ft.
4. Minimum Front Yard Setback - See Figure 3-1
5. Minimum Side Yard Setback - See Figure 3-1
6. Minimum Rear Yard Setback - See Figure 3-1
7. Minimum Lot Width - 30 feet
8. Maximum Height Principal Structure - 28 feet
9. Maximum Height Accessory Structure - 20 feet
10. 10. Maximum Floor Area Ratio - .50 (Ord. 95-6 § 10 (part), 1995;
prior code § 3-407)
Repeal and Re -Enact § 3-40-071 as Follows:
3-40-071 AH2/PUD Affordable Housing/Planned Unit Development
A. Intent: The purpose of the Affordable Housing (AH2/PUD) zone district is to provide for
the use of land for the production of Category 1, 2, 3, and 4 affordable housing and resident
occupied units and lots (as defined by the Housing Authority Guidelines of the Aspen/ Pitkin
County Housing Authority) within the Aspen Metro area. The zone district also permits a limited
component of free market units to off -set the cost of developing affordable housing. It is
contemplated that land may also be subdivided in connection with a development plan.
The Affordable Housing (AH2/PUD) zone district is intended for residential use primarily
by permanent residents of the community. Recreational and institutional uses customarily found
in proximity to residential uses are included as special review uses. Commercial uses which are
accessory to the housing development are also included as special review uses. Lands in the
Affordable Housing (AH2/PUD) zone district should be scattered throughout the Metro Area to
ensure a mix of housing types, including those which are affordable by its working residents; at
the same time the Affordable Housing (AH2/PUD) zone district can protect the area's
neighborhoods from rezoning pressures that other non -community oriented zone districts may
produce. Further, lands in the Affordable Housing (AH 2/PUD) zone district should be located
within walking distance of activity areas or on transit routes, and on pedestrian and bicycle trails.
The County AR zone district Metro area regulations only apply within the Metro area, outside of
the Aspen city limits, as described in the definition section of the County Land Use Code.
B. Allowed Uses: The following uses are permitted as of right in the Affordable
Housing (AH2/PUD) zone district.
1. Residential uses restricted to Category 1, 2, 3, and 4 affordable housing
guidelines and resident occupied units (as defined by the Housing Authority Guidelines of the
Aspen/ Pitkin County Housing Authority).
2. Accessory Buildings and Uses
3. Bus Stop and/or transit facilities
Ord. #99 Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 22
Allowed ses, Special Review Uses and Dimensional Standards
4. Day Care Centers
5. Home Occupations
6. Parks, Playground, Playing Fields
7. Solar Energy Collectors (Private Use)
8. Trails
C. Special Review Uses: The following uses are subject to special review:
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Cemeteries
4. Churches
5. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
6. Community Health Facilities
7. Dormitory Housing
8. Employee Dwelling Units
9. Farm Buildings
10. Golf Courses
11. Mobile Homes
12. Nursing, Convalescent, Rest, and Retirement Homes
13. Outdoor Recreational Uses
14. Commercial uses accessory to the housing development.
15. Prefabricated Homes not requiring building code exceptions
16. Satellite Reception Devices
17. Schools / Universities
18. --1?. Sewage Disposal Areas / Landfills / Water Plants
19. Single Family Dwelling Units with a potential of up to, but not exceeding, 15,000
square feet of floor area
20. Single Family Dwelling Units with more than 15,000 square feet of floor area
(transferable development rights are required to exceed 15,000 square feet of
floor area
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed ses, Special Review Uses and Dimensional Standards
Page 23
21. Transferable Development Rights ('TDRs")
4922. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
203. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the Affordable Housing
(AH2/PUD) Zone District.
1. Airport
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
4. Animal Production and Husbandry Services, and Other Farm and Agricultural
Uses
5. Commercial Automobile Parking Lots
6. Commercial Camping Areas
7. Commercial Firewood Splitting, Storage and Sales
8. Commercial Kennels and Veterinary Clinics
9. Commercial Riding Stables
10. Equipment Supplies and Contraction or Subcontraction
11. Essential Government and Public Utility Uses, Facilities and Services
12. Financial Institutions
13. General Services
14. Guest Ranches
15. Hospitals
16. Junk Yards
17. Logging
18. Medical / Dental Clinics
19. Mineral Exploration/Mining Concrete Batch Plants
21. Motels, Hotels, Lodges
22. Nordic Ski Areas and Support Facilities
23. Offices
Ord. #99-e Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards
Page 24
24. Places for Retailing of Goods (where structures and businesses are greater than
to 12,000 square feet of gross floor area)
25. Professional Offices
26. Radio Transmitting Station
27. Research Facilities, Indoors
28. Research Facilities, Other
29. Resort Cabins
30. Restaurants and Bars
31. Timesharing / Fractional Fees
32. Uses not Listed
33. Vehicle and Aircraft Sales and Service
D. Dimensional requirements: The following dimensional requirements shall apply
to all permitted and Special Review uses in the Affordable Housing (AH2/PUD) zone district.
1. Minimum lot area: 3,000 square feet
2. Minimum lot area per Principal Use is dependent upon the type of Affordable
Housing:
a. Detached residential dwelling: 3,000
b. Duplex: 1,500
c. For multi -family dwellings on a lot of less than 27,000 square feet or between
27,000 square feet and 43,560 square feet or less when approved by special review pursuant to
Section 3-120, the following square feet requirements apply:
1) Studio: 300
2) 1 bedroom: 400
3) 2 bedroom: 800
4) 3 bedroom: 1,200
5) Units with more than 3 bedrooms: One (1) bedroom per 400 square feet of
lot area.
d. For multi -family dwellings on a lot of more than 27,000 square feet (except when
varied by special review) the following square feet requirements apply:
area.
1) Studio: 1,000
2) 1 bedroom: 1,250
3) 2 bedroom: 2,100
4) 3 bedroom: 3,630
5) Units with more than 3 bedrooms: One (1) bedroom per 1,000 square feet of lot
3. Minimum lot width (feet):
Minimum Front Yard Setback:
Minimum Side Yard Setback:
Minimum Rear Yard Setback:
Ord. #99-54, Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards
Page 25
Maximum Height Principal and Accessory Structures:
Minimum distance between buildings on the lot:
Minimum usable Open Space per Dwelling Unit:
To be determined during PUD review, based upon the criteria in Section 3-170 including
but not limited to neighborhood compatibility and adjacent zone district regulations.
4. Maximum Floor Area Ratio: The allowable floor area permitted in this zone is
determined by the following table and shall be applied to the proposed fathering parcel. Floor
area allocations on newly proposed subdivided lots shall be determined as part of the Planned
Unit Development review, but in no case shall they cumulatively exceed the provisions of this
section. Sites may be developed up to 85% of the allowed floor area. Up to 100% of the floor
area may be permitted by special review, pursuant to Section 3-210.
Lot Size Allowable Square Feet
0 - 15,000 square feet 1.1:1
15,001 - 25,000 square feet 1:1
25,001 - 43,560 square feet .8:1
>1 acre - 3 acres .6:1
>3 acres - 6 acres .36:1
>6 acres .3:1
E. Off-street parking requirement. Parking standards in the AH2/PUD zone shall be
consistent with the provisions of Section 3-110.80, except for residential uses which shall be
established by special review pursuant to Section 3-120. The maximum number of parking
spaces required shall not exceed 1 space/bedroom for Free Market Units. Parking spaces shall
not exceed 1 space/bedroom or 2 spaces/dwelling unit, whichever is less for the Deed Restricted
Units (Category of Resident Occupied Units).
(Ord. 96-11, Added, 01/23/1996)
Repeal and Re -Enact § 3-40-072 as Follows:
3-40-072 AH3/PUD Affordable Housing/Planned Unit Development
A. Intent: The purpose of the Affordable Housing (AH 3/PUD) zone district is to
provide for the use of land for the production of Category 1, 2, 3, and 4 affordable housing and
resident occupied units (as defined by the Housing Authority Guidelines of the Aspen/Pitkin
County Housing Authority) within the Aspen area Community Plan extended Metro Area. The
zone district also permits a limited component of free market units/lots to off -set the cost of
developing affordable housing. It is contemplated that land may also be subdivided in connection
with a development plan. The Affordable Housing (AH 3/PUD) zone district is intended for
residential use primarily by permanent residents of the community. Recreational and institutional
uses customarily found in proximity to residential uses are included as special review uses.
Commercial uses which are accessory to the housing development are also included as special
review uses.
Lands in the Affordable Housing (AH) zone district should be scattered throughout the
AACP Housing to ensure a mix of housing types, including those which are affordable by its
working residents; at the same time the Affordable Housing (AH 3/PUD) zone district can protect
the area's neighborhoods from rezoning pressures that other non -community oriented zone
districts may produce. Further, lands in the Affordable Housing (AH 3/PUD) zone district should
be located within walking distance on transit routes, and on pedestrian and bicycle trails. These
AH AACP housing area regulations apply to the area west of the Metro area boundary (as
described in the County Land Use Code definition section) to the Aspen Village Mobile Home
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 26
Allowed ses, Special Review Uses and Dimensional Standards
Park.
B. Allowed Uses: The following uses are permitted as of right in the Affordable
Housing (AH 3/PUD) zone district.
1. Residential uses restricted to Category 1, 2, 3, and 4 affordable housing
guidelines and resident occupied units( as defined by the Housing Authority Guidelines of the
Aspen/ Pitkin County Housing Authority)
2. Accessory Buildings and Uses
3. Bus Stop and/or transit facilities
4. Crop Production
5. Day Care Centers
6. Home Occupations
7. Parks, Playground, Playing Fields
8. Solar Energy Collectors (Private Use)
9. Trails
C. Special Review Uses: The following uses are subject to special review:
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Cemeteries
4. Churches
5. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
6. Community Health Facilities
7. Dormitory Housing
8. Employee Dwelling Units
9. Farm Buildings
10. Golf Courses
11. Mobile Homes
12. Nursing, Convalescent, Rest, and Retirement Homes
13. Outdoor Recreational Uses
14. Commercial uses accessory to the housing development
Ord. #99 Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 27
Allowed Uses, Special Review Uses and Dimensional Standards
15. Prefabricated Homes not requiring building code exceptions
16. Satellite Reception Devices
17. Schools / Universities
18. 18, Sewage Disposal Areas / Landfills / Water Plants
19. Single Family Dwelling Units with a potential of up to, but not exceeding, 15,000
square feet of floor area
20. Single Family Dwelling Units with more than 15,000 square feet of floor area
(transferable development rights are required to exceed 15,000 square feet of
floor area
21. Transferable Development Rights ("TDRs")
4422. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
20. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the Affordable Housing
(AH3/PUD) Zone District.
1. Airport
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
4. Animal Production and Husbandry Services, and Other Farm and Agricultural
Uses
5. Commercial Automobile Parking Lots
6. Commercial Camping Areas
7. Commercial Firewood Splitting, Storage and Sales
8. Commercial Kennels and Veterinary Clinics
9. Commercial Riding Stables
10. Equipment Supplies and Contraction or Subcontraction
11. Essential Government and Public Utility Uses, Facilities and Services
12. Financial Institutions
13. General Services
14. Guest Ranches
15. Hospitals
Ord. #99 "A!• Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed �Jsses, Special Review Uses and Dimensional Standards
Page 28
16. Junk Yards
17. Logging
18. Medical / Dental Clinics
19. Mineral Exploration/Mining Concrete Batch Plants
21. Motels, Hotels, Lodges
22. Nordic Ski Areas and Support Facilities
23. Offices
24. Places for Retailing of Goods (which structures and businesses are greater than
12,000 square feet of gross floor area per building)
25. Professional Offices
26. Radio Transmitting Station
27. Research Facilities, Indoors
28. Research Facilities, Other
29. Resort Cabins
30. Restaurants and Bars
31. Timesharing / Fractional Fees
32. Uses not Listed
33. Vehicle and Aircraft Sales and Service
D. Dimensional requirements. The following dimensional requirements shalt apply to
all permitted and special review uses in the Affordable Housing (AH 3/PUD) zone district.
area.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: 6,000
b. Duplex: 3,500/unit
c. For multi -family dwellings:
1) Studio: 1,000
2) 1 bedroom: 1,250
3) 2 bedroom: 2,000
4) 3 bedroom: 3,000
d. Units with more than 3 bedrooms: One (1) bedroom per 400 square feet of lot
3. Minimum open space requirement per dwelling unit - 1,200 square feet
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 29
Allowed ses, Special Review Uses and Dimensional Standards
4. Minimum lot width (feet):
Minimum Front Yard Setback:
Minimum Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Height Principal and Accessory Structures:
Minimum distance between buildings on the lot:
To be determined during PUD review, based upon the criteria in Section 3-170 including
but not limited to neighborhood compatibility and adjacent zone district regulations.
5. Maximum Floor Area Ratio: The allowable floor area permitted in this zone is
determined by the following table and shall be applied to the proposed fathering parcel. Floor
area allocations on newly proposed subdivided lots shall be determined as part of the Planned
Unit Development review, but in no case shall they cumulatively exceed the provisions of this
section. Sites may be developed up to 85% of the allowed floor area. Up to 100% of the floor
area may be permitted by special review, pursuant to Section 3-20.
Lot Size Allowable Square Feet
0 - 15,000 square feet 1.1:1
15,001 - 25,000 square feet 1:1
25,001 - 43,560 square feet .8:1
>1 acre - 3 acres .6:1
>3 acres - 6 acres .36:1
>6 acres .3:1
E. Off-street parking requirement. Parking standards in the AH3/PUD zone shall be
consistent with the provisions of Section 3-110.80, except for residential uses which shall be
established by special review pursuant to Section 3-120. The maximum number of parking
spaces required shall not exceed 1 space/bedroom for Free Market Units. Parking spaces shall
not exceed 1 space/bedroom or 2 spaces/dwelling unit, whichever is less for the Deed Restricted
Units (Category of Resident Occupied Units).
(Ord. 96-11, Added, 01/23/1996)
Repeal and Re -Enact § 3-40-073 as Follows:
340-073 Affordable Housing Overlay/Planned Unit Development (AHO/PUD)
A. Intent: The Affordable Housing Overlay/PUD zone is intended for the
production of Category 1, 2, 3, 4 and limited Resident Occupied affordable housing within
transit oriented mixed land use developments. The AH Overlay/PUD could accommodate a
wide range of land uses including, but not limited to, free-market residential and affordable
housing and commercial uses where the commercial uses are accessory to the other
allowed and special review uses within the underlying zone districts. Recreational facilities,
tourist accommodations and tourist oriented commercial uses could also be
accommodated in appropriate locations (where these uses are allowed by right or by
special review in the underlying zone district(s)). The AH Overlay/PUD zone is intended to
provide a mix of land uses that encourage interaction between tourists, seasonal residents
and permanent residents consistent with the character oriented goals of the AACP. The
Affordable Housing Overlay zone will be available for lands located within the Aspen Metro
Area as defined in the AACP (not extended Metro Area) and should be strategically located
in recognized activity centers, on transit and bicycle routes. The mix of land uses in the
AHO/PUD is intended to reduce the need for private vehicle trips and, increase mass
transit utilization thereby improving air quality. Use of the AH Overlay/PUD shall be subject
Ord. #99-- Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 30
Allowed II17TT�es, Special Review Uses and Dimensional Standards
to review under the Planned Unit Development criteria identified in Section 3-170 of the
Land Use Code. Use of the AH Overlay/PUD district shall also be considered a rezoning
and shall be subject to the standards and criteria in Section 3-220.20 and the procedures
as described in Sections 4-60.20 and 4-60.80. Refer to Sections 5-110 and 5-180.20 and
5-180.30 for submission requirements. In addition to the rezoning and PUD criteria, the
following criteria shall be considered when evaluating whether to permit a land use
development to be zoned AHO/PUD:
1. The degree to which a development represents an exceptional
commitment to advancing the visions goals and specific action items of the Aspen Area
Community Plan.
2. The consistency of the development with the most current Community
affordable housing needs as determined by the priorities of the Aspen Pitkin Housing
Authority;
3. The percentage of single-family affordable housing units that are
constructed by the developer as opposed to selling lots for affordable housing units.
4. The range and diversity of affordable housing provided in the
development;
5. The community amenities provided by the development for the benefit of
residents and visitors of the Aspen Area including but not limited to; trails, recreational
facilities, transit facilities and areas for public use;
6. The degree to which commercial land uses may offset the negative fiscal
impacts associated with residential development;
7. The transit orientation of a project taking into consideration density, site
design, mix of land uses and relationship to transit routes.
B. Use Requirements: Use requirements are determined by the underlying
zone district(s) as established in Code Section 3-40. Residential uses restricted to
Category 1, 2, 3, 4 and Resident Occupied affordable housing guidelines (as defined by
the Aspen/Pitkin County Housing Authority) must comprise seventy (70) percent of the
residential unit mix of the development. In addition, the number of persons residing in the
restricted affordable housing units must compromise sixty (60) percent of the total
residential development population. Projects must be comprised of at least sixty (60)
percent Category 1, 2, 3, and 4 affordable housing units and may additionally be
comprised of up to forty (40) percent resident occupied affordable housing units. In the
case of developments with one or more underlying zone districts, the seventy percent
residential unit mix and 60 percent residential population mix may be satisfied by
aggregating the resident unit and population mix in all the underlying zone districts
overlayed by the AHO/PUD. Average household sizes shall be determine by the Aspen
Pitkin County Affordable Housing Guidelines. Each individual underlying zone district
overlayed by the AHO/PUD need not meet the minimum required unit and population mix.
C. Dimensional Requirements: Dimensional requirements are determined
by the underlying zone district(s) as established in Section 3-40.
(Ord. 96-51, Added, 12/18/1996)
Ord. #99-Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 31
Allowed Uses, Special Review Uses and Dimensional Standards
Repeal and Re -Enact § 3-40-075 as Follows:
3-40-075 AFR-1 Agricultural/Forestry/Residential
A. Intent: The AFR-1, Agricultural/Forestry/Residential district, is intended to
provide for a moderate density, residential/agricultural transition zone for lands along the valley
floor located between the County's development centers and its rural, open land area. The district
may also contain existing housing concentrations with densities exceeding those in adjoining
areas.
B. Allowed Uses: The following uses are allowed as of right in the
Agricultural/Forestry/Residential (AFR-1) Zone District.
1. Accessory Buildings and Uses
2. Animal Production and Husbandry Services, Other Farm and Agricultural Uses
(not including Commercial feed lots)
3. Bus Stop
4. Crop Production
5. Stands for the sale of agricultural products produced on the premises
6. Farm Buildings
7. Home Occupations
8. Parks, Playground, Playing Fields
9. 9 Single Family Dwelling Units with five (5) or less bedrooms
10. Single Family Dwelling Units with a potential of up to, but not exceeding, 15,000
square feet of floor area
101. Solar Energy Collectors (Private Use)
142. Public elementary, junior, and senior high schools; located on a lot at least 10
acres in size with each building situated at least 30' from all property lines
123. Churches located on a lot of at least 2 acres in size with each building situated at
least 30' from all property lines
134. Golf courses operated by a public agency or neighborhood or homeowners'
association
C. Special Review Uses: The following uses are subject to special review:
1. 1. Single Family Dwelling Units with six (6) or more bedrooms
2. Single Family Dwelling Units with more than 15,000 square feet of floor area
(transferable development rights are required to exceed 15,000 square feet)
2. Day care schools, children's nurseries, children's homes
3. Cemeteries
4. Outdoor recreational uses and facilities provided they retain natural
environmental conditions and no outside equipment storage and no excessive noise, odor, dust,
vibration, or nuisances exist
5. Club Houses or Recreational Buildings (if used in conjunction with and accessory
to a permitted outdoor recreational use)
6. Radio transmitting stations with 100' setback from all property lines
7. Kennels and Veterinary Clinics with 100' setback from all property lines
8. Commercial Riding Stables with 100' setback from all property lines
9. Community Health Facilities
10. Ski lifts and necessary related facilities with 50' setback from all property lines
11. Extractive operations -mines, sand and gravel, oil and gas drilling, quarries -with
100' minimum setback from all property lines
12. Sewage disposal areas, land fills, water plants
13. 13, Concrete batch plants and asphalt hot -mix plants
14. Transferable Development Rights ("TDRs")
145. Uses, activities and facilities permitted by a Special Use (or other) permit issued
by the United States Forest Service, Bureau of Land Management, or other federal agency
Ord. #99 Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 32
Allowed Uses, Special Review Uses and Dimensional Standards
156. Junk Yards
167. All development in areas, or the conduct of activities, of local and State interest
unless exempted by Section 3-80.20
138. Outdoor amusement facilities
189. Guest ranch
4420. Water crossing and diversion
201. Hospital
24.2. Satellite radio frequency signal reception and/or transmission devices
D. Prohibited Uses: The following uses are prohibited in the
Agricultural/Forestry/Residential (AFR-1) Zone District:
1. Airport
2. Automobile parking lots and garages
5. Camping areas for tents and campers
6. Prefab homes, modular homes, assembly -room -size -or -larger components
requiring Building Code exceptions
7. Dormitory Housing
8. Essential Government and Public Utility Uses, Facilities, Services and Buildings
9. Fireplace wood storage and splitting if the site is accessed from Highway 82
10. Fireplace wood storage and splitting if the site is not accessed from Highway 82
11. Guest house
12. Separate bunk house
13. Additional dwelling units
14. Fractional fee and timesharing
15. Community center
16. Two-family dwellings
17. Multi -family dwellings
18. Boarding and rooming houses
19. Tourist dormitories
20. Rest homes; convalescent homes, nursing homes and retirement homes
21. Hotels; motels; and lodges -including newsstands, gift shops and similar
incidental uses
22. Private schools and universities
23. Mobile homes and mobile home parks
24. Restaurants
25. Personal Service Outlets, including, but not limited to: barber and beauty shops,
shoe repair shops, self-service laundries, travel agencies and photo studios
26. Places for retailing of goods; Convenience service outlets, e.g., drug, liquor
stores, etc.; retail goods outlets, e.g., supermarkets, sporting goods, hardware, apparel, etc.
27. Professional offices
28. Resort cabins
29. Uses not listed
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the Agricultural/Forestry/ Residential (AFR-1) Zone
District.
1. Minimum Lot Area - 1 acre
2. Minimum Lot Area Principal Use - 1 acre
3. Minimum Front Yard Setback - 50'
4. Minimum Side Yard Setback - 20'
5. Minimum Rear Yard Setback - 20'
6. Minimum Lot Width - 200 feet
7. Maximum Height Principal Structures - 28 feet
8. /- Maximum Height Accessory Structures - 12 feet
Ord. #99- M Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 33
Allowed Special Review Uses and Dimensional Standards
(Ord. 97-2, Amended, 04/02/1997)
Repeal and Re -Enact § 3-40-080 as Follows:
3-40-080 AFR-2 Agricultural/Forestry/Residential
A. Intent: The AFR-2, Agricultural/Forestry/Residential district, is intended to
provide for a moderate density, residential/agricultural transition zone for lands along the valley
floor located between the County's development centers and its rural, open land area. The district
also contains existing housing concentrations with densities exceeding those in surrounding
areas.
B. Allowed Uses: The following uses are allowed as of right in the
Agricultural/Forestry/Residential (AFR-2) Zone District.
1. Accessory Buildings and Uses
2. Animal Production and Husbandry Services, Other Farm and Agricultural Uses
(not including Commercial feed lots)
3. Bus Stop
4. Crop Production
5. Farm Buildings
6. Home Occupations
7. Parks, Playground, Playing Fields
8. Manufactured Home
9. 9 Single Family Dwelling Units with five (5) or less bedrooms
10. Single Family Dwelling Unit with a potential of up to, but not exceeding, and/or.
lass -thaw 15,000 square feet of floor area
10. Solar Energy Collectors (Private Use)
11. Trails
C. Special Review Uses: The following uses are subject to special review:
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Cemeteries
4. Churches
5. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 34
Allowed ses, Special Review Uses and Dimensional Standards
6. Commercial Firewood Splitting, Storage and Sales
7. Commercial Kennels and Veterinary Clinics
8. Commercial Riding Stables
9. Community Health Facilities
10. Day Care Centers
11. Duplex Dwelling Units
12. Employee Dwelling Units
13. Golf Courses
14. Mineral Exploration/Mining, Concrete Batch Plants
15. Nordic Ski Areas and Support Facilities
16. Nursing, Convalescent, Rest, and Retirement Homes
17. Outdoor Recreational Uses
18. Radio Transmitting Station
19. Resort Cabins
20. Satellite Reception Devices
21. 2t Single Family Dwelling Units with six (6) or more bedrooms
22. Single Family Dwelling Unit with more acuthar-ri4athan 15,000 square feet of
floor area. (transferable development rights are required to exceed 15,000
square feet)
223. Schools / Universities
24. 23. Sewage Disposal Areas / Landfills / Water Plants
25. Transferable Development Rights ("TDRs")
246. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
2S7. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the
Agricultural/Forestry/Residential (AFR-2) Zone District.
1. Airport
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
1
Ord. #99-�Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards
Page 35
4. Commercial Automobile Parking Lots
5. Commercial Camping Areas
6. Dormitory Housing
7. Equipment Supplies and Contraction or Subcontraction
8. Essential Government and Public Utility Uses, Facilities and Services
9. Financial Institutions
10. General Services
11. Guest Ranches
12. Hospitals
13. Junk Yards
14. Logging
15. Medical / Dental Clinics
16. Mobile Homes
17. Motels, Hotels, Lodges
18. Multi -Family Dwelling Units
19. Offices
20. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores; ry^,,,A^a'k^t'n'"^ 0.2"^^^ Ai^}^^t, ^t
he total space shall be limited
to 80 square feet of gross leasable space per dwelling unit in the district
21. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
22. Professional Offices
23. Research Facilities, Indoors
24. Research Facilities, Other
25. Restaurants and Bars
26. Timesharing / Fractional Fees
27. Uses not Listed
28. Vehicle and Aircraft Sales and Service
E. Dimensional Requirements: The following dimensional requirements shall apply
Ord. #99-- Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 36
Allowed ses, Special Review Uses and Dimensional Standards
to all permitted and special review uses in the Agricultural/Forestry/ Residential (AFR-2) Zone
District.
1. Minimum Lot Area - 2 acres
2. Minimum Lot Area Principal Use - 2 acres
3. Minimum Front Yard Setback - See Figure 3-1
4. Minimum Side Yard Setback - See Figure 3-1
5. Minimum Rear Yard Setback - See Figure 3-1
6. Minimum Lot Width - 200 feet
7. Maximum Height Principal Structures - 28 feet
8. Maximum Height Accessory Structures - 20 feet
9. Maximum Floor Area Ratio -
Lot Size Allowable Square Feet
Square Feet FAR of Floor Area
0-25,000 .13 .13:1 Floor to Lot Area Ratio up to a maximum
of 3,250 sq. ft. of floor area.
25,001-50,000 .09 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.
50,001-100,000 .05 5,500 sq.ft. of floor area plus 5 sq.ft. of floor
area for each additional 100 sq. ft. in lot area up
to a maximum of 8,000 sq. ft. of floor area.
100,000 + .01 8,000 sq. ft. of floor area plus 1 sq. ft. of floor
area for each additional 100 sq. ft. in lot area.
(Ord. 95-6 § 10 (part), 1995; prior code § 3-408)
Repeal and Re -Enact § 3-40-090 as Follows:
3-40-090 AFR-10 Agricultural/Forestry/Residential
A. Intent: The AFR-10, Agricultural/Forestry/Residential district, is intended to
maintain the rural character of lands proximate to development centers and State Highways by
preserving agricultural operations, wildlife habitat and scenic quality while permitting low density,
single family dwelling units and customary accessory uses.
B. Allowed Uses: The following uses are allowed as of right in the
Agricultural/Forestry/Residential (AFR-10) Zone District.
1. Accessory Buildings and Uses
2. Animal Production & Husbandry Services, Other Farm and Agricultural Uses (not
including Commercial Feed Lots)
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 31
Allowed ses, Special Review Uses and Dimensional Standards
3. Bus Stop
4. Commercial Riding Stables
5. Crop Production
6. Farm Buildings
7. Home Occupations
8. Parks, Playground, Playing Fields
9. Manufactured Home
10.
,p
Single Family Dwelling Units with five (5) or less bedrooms
11. Single Family Dwelling Units with a potential of up to, but not exceeding, and!or:
lacc-Ware-15,000 square feet of floor area
142. Solar Energy Collectors (Private Use)
133. Trails
C. Special Review Uses: The following uses are subject to special review:
1. Agriculture Stands
2. Alpine Ski Areas and Support
3. Caretaker Dwelling Units
4. Cemeteries
5. Churches
6. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
7. Commercial Camping Areas
8. Commercial Firewood Splitting, Storage and Sales
9. Commercial Kennels and Veterinary Clinics
10. Community Health Facilities
11. Day Care Centers
12. Duplex Dwelling Units
13. Employee Dwelling Units
14. Equipment Supplies and Contraction or Subcontraction
15. Golf Courses
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts. Page 38
Allowed ses, Special Review Uses and Dimensional Standards
16. Guest Ranch
17. Logging
18. Mineral Exploration/Mining, Concrete Batch Plants
19. Nordic Ski Areas and Support Facilities
20. Nursing, Convalescent, Rest, and Retirement Homes
21. Outdoor Recreational Uses
22. Radio Transmitting Station
23. Resort Cabins
24. Satellite Reception Devices
25. Schools / Universities
26. Sewage Disposal Areas / Landfills / Water Plants
27. 27 Single Family Dwelling Units with six (6) or more bedrooms
28. Single Family Dwelling Unit with and/or more than 15,000 square feet of floor
area (transferable development rights are required to exceed 15,000 square feet)
289. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
7030. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the
Agricultural/Forestry/Residential (AFR-10) Zone District.
1. Airport
2. Amusement and Entertainment Establishments
3. Commercial Automobile Parking Lots
4. Dormitory Housing
5. Essential Government and Public Utility Uses, Facilities and Services
6. Financial Institutions
7. General Services
8. Hospitals
9. Junk Yards
10. Medical / Dental Clinics
Ord. #99‘. Attachment B: Amendments to § 3-40. Intent of Zone Districts, Page 39
Allowed es, Special Review Uses and Dimensional Standards
11. Mobile Homes
12. Motels, Hotels, Lodges
13. Multi -Family Dwelling Units
14. Offices
15. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores;
the total space shall be limited
to 80 square feet of gross leasable space per dwelling unit in the district
16. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
17. Professional Offices
18. Research Facilities, Indoors
19. Research Facilities, Other
20. Restaurants and Bars
21. Timesharing / Fractional Fees
22. Uses not Listed
23. Vehicle and Aircraft Sales and Service
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the Agricultural/Forestry/Residential (AFR-10) Zone
District.
1. Minimum Lot Area - 10 acres
2. Minimum Lot Area Principal Use - 10 acres
3. Minimum Front Yard Setback - See Figure 3-1
4. Minimum Side Yard Setback - See Figure 3-1
5. Minimum Rear Yard Setback - See Figure 3-1
6. Minimum Lot Width - 400 feet
7. Maximum Height Principal Structures - 28 feet
8. Maximum Height Accessory Structures - 20 feet (Ord. 95-6 § 10 (part), 1995;
prior code § 3-409)
Ord. #99-3k Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 40
Allowed Uses, Special Review Uses and Dimensional Standards
Repeal and Re -Enact § 3-40-110 as Follows:
340-110 RS-20 and RS-30 Planned Unit Development (PUD) Resource
A. Intent: The intent of RS-20 PUD and RS-30 PUD districts are identical except
the RS-20 PUD Zone is intended for land closer to urbanized areas. The zones are intended to:
1. Permit low density, single family residential development and customary
accessory uses, while recognizing natural hazards, wildlife areas, limited utility service, roads or
schools, and other facilities may constitute a constraint precluding the realization of zoned
density;
2. Encourage an orderly development pattem minimizing scattering of development
in rural areas;
3. Provide potential for the clustering of development preserving open space and
creating efficient utility service for development;
4. Preserve agricultural operations and environmental resources;
5. Maintain the rural lifestyle;
6. Locate development outside of irrigated lands and deer and elk habitat; and
7. Protect cattle and wildlife by prohibiting dogs in new subdivisions.
B. Allowed Uses: The following uses are allowed as of right in the RS-20 and RS-
30 Planned Unit Development (PUD) Resource Zone District.
1. Accessory Buildings and Uses
2. Animal Production and Husbandry Services. Other Farm and Agricultural Uses
(not including Commercial Feed Lots)
3. Bus Stop
4. Crop Production
5. Farm Buildings
6. Home Occupations
7. Manufactured Home
8. 8 Single Family Dwelling Units with five (5) or less bedrooms
9. Single Family Dwelling Units with a potential of up to, but not exceeding, aacl ac
lacc4paa 15,000 square feet of floor area
010. Solar Energy Collectors (Private Use)
101. Trails
C. Special Review Uses: The following uses are subject to special review:
Ord. #99- Attachment B: Amendments to § 3-40. Intent of Zone Districts, Page 41
Allowed ses, Special Review Uses and Dimensional Standards
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Cemeteries
4. Churches
5. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
6. Commercial Camping Areas
7. Commercial Firewood Splitting, Storage and Sales
8. Commercial Kennels and Veterinary Clinics
9. Commercial Riding Stables
10. Community Health Facilities
11. Day Care Centers
12. Employee Dwelling Units
13. Equipment Supplies and Contraction or Subcontraction
14. Golf Courses
15. Guest Ranches
16. Logging
17. Mineral Exploration / Mining, Concrete Batch Plants
18. Nordic Ski Areas and Support Facilities
19. Outdoor Recreational Uses
20. Parks, Playgrounds, Playing Fields
21. Radio Transmitting Station
22. Resort Cabins
23. Satellite Reception Devices
24. Schools / Universities
25. Sewage Disposal Areas / Landfills / Water Plants
26. 26 Single Family Dwelling Units with six (6) or more bedrooms
27. Single Family Dwelling Units with aad!or.more than 15,000 square feet of floor
area (transferable development rights are required to exceed 15,000 square feet)
Ord. #99- e, Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 42
Allowed ses, Special Review Uses and Dimensional Standards
28. Transferable Development Rights ("TDRs")
27. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
28. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the RS-20 and RS-30
Planned Unit Development (PUD) Resource Zone District.
1. Airport
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
4. Commercial Automobile Parking Lots
5. Dormitory Housing
6. Duplex Dwelling Units
7. Essential Government and Public Utility Uses, Facilities and Services
8. Financial Institutions
9. General Services
10. Hospitals
11. Junk Yards
12. Medical / Dental Clinics
13. Mobile Homes
14. Motels. Hotels, Lodges
15. Multi -Family Dwelling Units
16. Nursing, Convalescent, Rest, Retirement Homes
17. Offices
18. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores; 'k.t in'-^ ° '';^'^^t ^,,
• the total space shall be limited
to 80 square feet of gross leasable space per dwelling unit in the district
19. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
20. Professional Offices
21. Research Facilities, Indoors
Ord. #99-SV • Attachment B: Amendments to § 3-40, Intent of Zone Districts. Page 43
Allow ses, Special Review Uses and Dimensional Standards
22. Research Facilities, Other
23. Restaurants and Bars
24. Timesharing / Fractional Fees
25. Uses not Listed
26. Vehicle and Aircraft Sales and Service
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the:
RS-20 PUD Zone District:
1. Minimum Lot Area - 20 acres
2. Minimum Lot Area Principal Use - 20 acres
3. Minimum Front Yard Setback - See Figure 3-1
4. Minimum Side Yard Setback - See Figure 3-1
5. Minimum Rear Yard Setback - See Figure 3-1
6. Minimum Lot Width - 400 feet
7. Maximum Height Principal Structures - 28 feet
8. Maximum Height Accessory Structures - 20 feet
RS-30 PUD Zone District:
1. Minimum Lot Area - 30 acres
2. Minimum Lot Area Principal Use - 30 acres
3. Minimum Front Yard Setback - See Figure 3-1
4. Minimum Side Yard Setback - See Figure 3-1
5. Minimum Rear Yard Setback - See Figure 3-1
6. Minimum Lot Width - 400 feet
7. Maximum Height Principal Structures - 28 feet
8. Maximum Height Accessory Structures - 20 feet (Ord. 95-6 § 10 (part), 1995;
prior code § 3-411)
Ord. # Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 44
Allowed ses, Special Review Uses and Dimensional Standards
Repeal and Re -Enact § 3-40-120 as Follows:
3-40-120 RS-160 Planned Unit Development (PUD) Resource
A. Intent: The intent of the RS-160 Planned Unit Development (PUD) Resource
Zone District is to protect natural resources and agricultural uses while allowing some very low
density development.
B. Allowed Uses: The following uses are allowed as of right in the RS-160 Planned
Unit Development Resource Zone District.
1. Accessory Buildings and Uses
2. Animal Production and Husbandry Services, Other Farm and Agricultural Uses
(not including Commercial Feed Lots)
3. Bus Stop
4. Crop Production
5. Farm Buildings
6. Home Occupations
7. Manufactured Home
8. 0. Single Family Dwelling Units with five (5) or less bedrooms
9. Single Family Dwelling Units with a potential of up to, but not exceeding, and-lecc
ilaaa-15,000 square feet of floor area
ii10. Solar Energy Collectors (Private Use)
101. Trails
C. Special Review Uses: The following uses are subject to special review:
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Cemeteries
4. Churches
5. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
6. Commercial Camping Areas
7. Commercial Firewood Splitting, Storage & Sales
8. Commercial Riding Stables
Ord. #99 Yat, Attachment a: Amendments to § 3-40, Intent of Zone Districts, Page 45
Allowed Uses, Special Review Uses and Dimensional Standards
9. Community Health Facilities
10. Day Care Centers
11. Employee Dwelling Units
12. Guest Ranches
13. Logging
14. Mineral Exploration/Mining, Concrete Batch Plants
15. Nordic Ski Areas and Support Facilities
16. Outdoor Recreational Uses
17. Parks, Playgrounds, Playing Fields
18. Radio Transmitting Station
19. Resort Cabins
20. Satellite Reception Devices
21. Schools / Universities
22. Sewage Disposal Areas / Landfills / Water Plants
23. 23, Single Family Dwelling Units with six (6) or more bedrooms
24. Single Family Dwelling Units with and/ar more than 15,000 square feet of floor
area (transferable development rights are required to exceed 15,000 square feet)
25. Transferable Development Rights ("TDRs")
246. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
267. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the RS-160 Planned Unit
Development (PUD) Zone District.
1. Airport
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
4. Commercial Automobile Parking Lots
5. Commercial Kennels and Veterinary Clinics
6. Dormitory Housing
7. Duplex Dwelling Units
Ord. #99-Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 46
Allowed Uses, Special Review Uses and Dimensional Standards
8. Equipment Supplies and Contraction or Subcontraction
9. Essential Government and Public Utility Uses, Facilities and Services
10. Financial lnstitutions
11. General Services
12. Golf Courses
13. Hospitals
14. Junk Yards
15. Medical / Dental Clinics
16. Mobile Homes
17. Motels, Hotels, Lodges
18. Multi -Family Dwelling Units
19. Nursing, Convalescent, Rest, Retirement Homes
20. Offices
21. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores; pr-4 —4 `"^+'^'"^ c e ^^^ ,li +..^t n�
• the total space shall be limited
to 80 square feet of gross leasable space per dwelling unit in the district
22. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
23. Professional Offices
24. Research Facilities, Indoors
25. Research Facilities, Other
26. Restaurants and Bars
27. Timesharing / Fractional Fees
28. Uses not Listed
29. Vehicle and Aircraft Sales and Service
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the RS-160 Planned Unit Development Resource Zone
District.
1. Minimum Lot Area - 160 acres
2. Minimum Lot Area Principal Use - 160 acres
Ord. #99- Attachment B: Amendments to § 3.40, Intent of Zone Districts, Page 47
Allowed ses, Special Review Uses and Dimensional Standards
3. Minimum Front Yard Setback - See Figure 3-1
4. Minimum Side Yard Setback - See Figure 3-1
5. Minimum Rear Yard Setback - See Figure 3-1
6. Minimum Lot Width - 400 feet
7. Maximum Height Principal Structures - 28 feet
8. Maximum Height Accessory Structures - 20 feet (Ord. 95-6 § 10 (part), 1995;
prior code § 3-412)
Repeal and Re -Enact § 3-40-130 as Follows:
3-40-130 AR-1 Accommodations/Recreation
A. Intent: The AR-1 (Accommodations/Recreation) district is intended to provide for
the renovation and construction of new tourist accommodation dwelling units at the base of
downhill skiing areas.
B. Allowed Uses: The following uses are allowed as of right in the
Accommodations/Recreation (AR-1) Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Crop Production
4. Day Care Centers
5. Duplex Dwelling Units
6. Home Occupations
7. Motels, Hotels, Lodges
8. Parks, Playgrounds, Playing Fields
9. Manufactured Horne
10. Restaurants and Bars
11. 11. Single Family Dwelling Units with five (5) or less 5-bedrooms
12. Single Family Dwelling Units with up to a potential of. but not exceeding, aaclior-
iossalana 15,000 square feet of floor area
123. Solar Energy Collectors (Private Use)
134. Trails
C. Special Review Uses: The following uses are subject to special review and may
be permitted if found to be in support of allowed principal uses:
Ord. #99- 7_Y, Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed ses, Special Review Uses and Dimensional Standards
Page 48
1. Agriculture Stands
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
4. Caretaker Dwelling Units
5. Cemeteries
6. Churches
7. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
8. Commercial Automobile Parking Lots
9. Commercial Kennels and Veterinary Clinics
10. Commercial Riding Stables
11. Community Health Facilities
12. Dormitory Housing
13. Farm Buildings
14. Golf Courses
15. Guest Ranches
16. Multi -Family Dwelling Units
17. Nordic Ski Areas and Support Facilities
18. Nursing, Convalescent, Rest, and Retirement Homes
19. Outdoor Recreational Uses
20. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores; ro"v"'^'' *h"t l^ + " °
the total space shall be limited
to 80 square feet of gross leasable space per dwelling unit in the district
21. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
22. Professional Offices
23. Radio Transmitting Station
24. Resort Cabins
25. Satellite Reception Devices
Ord. #99 t Attachment B: Amendments to § 3.40, Intent of Zone Districts. Page 49
Allowed Uses, Special Review Uses and Dimensional Standards
26. Schools / Universities
27. Sewage Disposal Areas / Landfills / Water Plants
28. 18 Single Family Dwelling Units with six (6) or more bedrooms
29. Single Family Dwelling Unit with aad/ormore than 15,000 square feet of floor
area (transferable development rights are required to exceed 15,000 square feet)
30 29. Timesharing / Fractional Fees
31. Transferable Development Rights ("TDRs")
302. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
343. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the
Accommodations/Recreation (AR-1) Zone District.
1. Airport
2. Animal Production and Husbandry Services, and Other Farm and Agricultural
Uses
3. Commercial Camping Areas
4. Commercial Firewood Splitting, Storage and Sales
5. Employee Dwelling Units
6. Equipment Supplies and Contraction or Subcontraction
7. Essential Government and Public Utility Uses, Facilities and Services
8. Financial Institutions
9. General Services
10. Hospitals
11. Junk Yards
12. Logging
13. Medical / Dental Clinics
14. Mineral Exploration/Mining Concrete Batch Plants
15. Mobile Homes
16. Offices
17. Research Facilities, Indoors
Ord. #99- Attachment B: Amendments to § 340. Intent of Zone Districts,
Allowed ses, Special Review Uses and Dimensional Standards
Page 50
18. Research Facilities, Other
19. Uses not Listed
20. Vehicle and Aircraft Sales and Service
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the Accommodations/Recreation (AR) Zone District.
1. Minimum Lot Area - 1 acre
2. Minimum Lot Area per Dwelling Unit:
a. Hotel Motel Lodge (HML) - 1,600 sq. ft.
b. Dormitory (DRM) 6-8 persons - 2,000 sq. ft.
c. Other - 1 acre
3. Minimum Usable Open Space per Dwelling Unit - 1,200 sq. ft.
4. Minimum Front Yard Setback - 75 feet
5. Minimum Side Yard Setback - 20 feet
6. Minimum Rear Yard Setback - 20 feet
7. Minimum Lot Width HML - 250 feet; Other - 100 feet
8. Maximum Height Principal Structures - 28 feet
9. Maximum Height Accessory Structures - 20 feet
10. Maximum Floor Area Ratio - .36 (Ord. 95-6 § 10 (part), 1995; prior code § 3-413)
Repeal and Re -Enact § 3-40-140 as Follows:
3-40-140 AR-2 Accommodations/Recreation
A. Intent: The AR-2 (Accommodations/Recreation) district is intended to provide for
resident and tourist housing nearby to skiing and other recreation areas.
B. Allowed Uses: The following uses are allowed as of right in the
Accommodations/Recreation (AR-2) Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Crop Production
4. Day Care Centers
5. Duplex Dwelling Units
6. Home Occupations
Ord. Attachment B: Amendments to § 3-40. Intent of Zone Districts.
Allowed set, Special Review Uses and Dimensional Standards
Page 51
7. Multi -Family Dwelling Units
8. Parks, Playgrounds, Playing Fields
9. Manufactured Home
10. 10. Single Family Dwelling Units with five (5) or less bedrooms
11. Single Family Dwelling Units with a potential of up to, but not exceeding, an&or:
less-tr'aaa 15,000 square feet of floor area
142. Solar Energy Collectors (Private Use)
123. Trails
C. Special Review Uses: The following uses are subject to special review and may
be permitted if found to be in support of allowed principal uses:
1. Agriculture Stands
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
4. Caretaker Dwelling Units
5. Cemeteries
6. Churches
7. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
8. Commercial Automobile Parking Lots
9. Commercial Kennels and Veterinary Clinics
10. Commercial Riding Stables
11. Community Health Facilities
12. Dormitory Housing
13. Farm Buildings
14. Golf Courses
15. Guest Ranches
16. Motel, Hotels, Lodges
17. Nordic Ski Areas and Support Facilities
18. Nursing, Convalescent, Rest, and Retirement Homes
Ord. #993V, Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 52
Allowed Uses, Special Review Uses and Dimensional Standards
19. Outdoor Recreational Uses
20. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores; r'^••iffi^- "'nt in "'CIS ' .^n^ Ain+n-t r^
the total space shall be limited
to 80 square feet of gross Leasable space per dwelling unit in the district
21. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
22. Professional Offices
23. Radio Transmitting Station
24. Resort Cabins
25. Restaurants and Bars
26. Satellite Reception Devices
27. Schools / Universities
28. Sewage Disposal Areas / Landfills / Water Plants
29. ?9 Single Family Dwelling Units with six (6) or more bedrooms
30. Single Family Dwelling Units with and/ar more than 15,000 square feet of floor
area (transferable development rights are required to exceed 15,000 square feet)
31. 30. Timesharing / Fractional Fees
32. Transferable Development Rights ('TDRs")
333. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
324. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the
Accommodations/Recreation (AR-2) Zone District.
Uses
1. Airport
2. Animal Production and Husbandry Services and Other Farm and Agricultural
3. Commercial Camping Areas
4. Commercial Firewood Splitting, Storage and Sales
5. Employee Dwelling Units
6. Equipment Supplies and Contraction or Subcontraction
7. Essential Govemment and Public Utility Uses, Facilities and Services
Ord. #99Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards
Page 53
8. Financial Institutions
9. General Services
10. Hospitals
11. Junk Yards
12. Logging
13. Medical / Dental Clinics
14. Mineral Exploration/Mining Concrete Batch Plants
15. Mobile Homes
16. Offices
17. Research Facilities, Indoors
18. Research Facilities, Other
19. Uses not Listed
20. Vehicle and Aircraft Sales and Service
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the Accommodations/Recreation (AR-2) Zone District.
1. Minimum Lot Area - Hotel/Motel/Lodge - 2 acres
All Other - 1 acre
2. Minimum Lot Area per Dwelling Unit:
a. Hotel Motel Lodge (HML) - 2,200 sq. ft.
b. Multi -Family (Unlimited) - 5,500 sq. ft.
c. Multi -Family (One Bedroom Limited) - 3,200 sq. ft.
d. Multi -Family (Studio Limited)-2,500 sq. ft.
e. Other - 1 acre
3. Minimum Usable Open Space per Dwelling Unit - 1,200 sq. ft.
4. Minimum Front Yard Setback - 75 feet
5. Minimum Side Yard Setback - 20 feet
6. Minimum Rear Yard Setback - 20
7. Minimum Lot Width - 100 feet
8. Maximum Height Principal Structures - 28 feet
Ord. #99 Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 54
Allowed Uses, Special Review Uses and Dimensional Standards
9. Maximum Height Accessory Structures - 20 feet
10. Maximum Floor Area Ratio - .36 (Ord. 95-6 § 10 (part), 1995; prior code § 3-414)
Repeal and Re -Enact § 3-40-150 as Follows:
3-40-150 T Tourist
A. Intent: The T (Tourist) district is intended to provide for the renovation and
construction of new tourist accommodation facilities including traditional lodges and apartments
and to permit small retail outlets to serve persons residing on the site.
B. Allowed Uses: The following uses are allowed as of right in the Tourist (T) Zone
District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Commercial Camping Areas
4. Crop Production
5. Day Care Centers
6. Duplex Dwelling Units
7. Home Occupations
8. Motels, Hotels, Lodges
9. Multi -Family Dwelling Units
10. Outdoor Recreational Uses
11. Parks, Playground, Playing Fields
12. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
13. Manufactured Home
14. Resort Cabins
15. Restaurants and Bars
16. 16 Single Family Dwelling Units with five (5) or less bedrooms
17. Single Family Dwelling Units with a potential of up to, but not exceeding, and/or
Iacc-ipaa 15,000 square feet of floor area
18.7. Solar Energy Collectors (Private Use)
189. Trails
Ord. #99-3ff Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 55
Allowed Uses, Special Review Uses and Dimensional Standards
C. Special Review Uses: The following uses are subject to special review and may
be permitted if found to be in support of allowed principal uses:
1. Agriculture Stands
2. Amusement and Entertainment Establishments
3. Caretaker Dwelling Units
4. Cemeteries
5. Churches
6. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
7. Commercial Automobile Parking Lots
8. Commercial Kennels and Veterinary Clinics
9. Commercial Riding Stables
10. Community Health Facilities
11. Dormitory Housing
12. Equipment Supplies and Contraction or Subcontraction
13. Farm Buildings
14. Golf Courses
15. Guest Ranches
16. Logging
17. Nordic Ski Areas and Support Facilities
18. Nursing, Convalescent, Rest, and Retirement Homes
19. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores; (`—• --1 th^t. ^ +b^ a o —no -4;^4.'^', ^n.
the total space shall be limited
to 80 square feet of gross leasable space per dwelling unit in the district
20. Radio Transmitting Station
21. Satellite Reception Devices
22. Schools / Universities
23. Sewage Disposal Areas / Landfills / Water Plants
24. '4 Single Family Dwelling Units with six (6) or more bedrooms
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts. Page 56
Allowedtrie
ses, Special Review Uses and Dimensional Standards
25. Single Family Dwelling Units with aad/ocmore than 15.000 square feet of floor
area (transferable development rights are required to exceed 15.000 square feet)
26.E .5�� Timesharing / Fractional Fees
27. Transferable Development Rights ("TDRs")
268. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
Uses
279. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the
Tourist (T) Zone District.
1. Airport
2. Alpine Ski Areas and Support
3. Animal Production and Husbandry Services, and Other Farm and Agricultural
4. Commercial Firewood Splitting, Storage and Sales
5. Employee Dwelling Units
6. Essential Govemment and Public Utility Uses, Facilities and Services
7. Financial lnstitutions
8. General Services
9. Hospitals
10. Junk Yards
11. Medical / Dental Clinics
12. Mineral Exploration/Mining Concrete Batch Plants
13. Mobile Homes
14. Offices
15. Professional Offices
16. Research Facilities, Indoors
17. Research Facilities, Other
18. Uses not Listed
19. Vehicle and Aircraft Sales and Service
E. Dimensional Requirements: The following dimensional requirements shall apply
to aII permitted and special review uses in the Tourist (T) Zone District.
Ord. #99- v Attachment B: Amendments to § 3.40. Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards
Page 57
1. Minimum Lot Area - 15,000 sq. ft.
2. Minimum Lot Area per Dwelling Unit:
a. MFL-UL - 4,400 sq. ft.
b. MF-OBL - 2,600 sq. ft.
c. MF-ST - 2,100 sq. ft.
d. HML - 1,750 sq. ft.
e. DRM 6-8 persons - 2,000 sq. ft.
f. Other - 15,000 sq. ft.
3. Minimum Usable Open Space per Dwelling Unit - 1,200 sq. ft.
4. Minimum Front Yard Setback - 30 feet
5. Minimum Side Yard Setback - 10 feet
6. Minimum Rear Yard Setback - 20 feet
7. Minimum Lot Width - 75 feet
8. Maximum Height Principal Structures - 28 feet
9. Maximum Height Accessory Structures - 20 feet
10. Maximum Floor Area Ratio - .53 (Ord. 95-6 § 10 (part), 1995; prior code § 3-415)
Repeal and Re -Enact § 3-40-160 as Follows:
3-40-160 B-1 Business
A. Intent: The B-1 (Business) district is intended to provide for the establishment of
commercial uses oriented primarily to the local population and to permit customary accessory
uses, including high density, long-term residential dwelling units.
B. Allowed Uses: The following uses are allowed as of right in the Business (B-1)
Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Commercial Firewood Splitting, Storage and Sales
4. Commercial Kennels and Veterinary Clinics
5. Crop Production
6. Day Care Centers
7. Equipment Supplies and Contraction or Subcontraction
8. Essential Govemment Public Utility Uses, Facilities and Services
9. Financial Institutions
10. Food Related Businesses
11. General Services
12. Home Occupations
Ord. #99-3(fAttachment B: Amendments to § 3-40, Intent of Zone Districts, Page 58
Allowed Uses, Special Review Uses and Dimensional Standards
13. Medicat / Dental Clinics
14. Multi -Family Dwelling Units
15. Offices limited to 1,000 square feet per business
16. Parks, Playgrounds, Playing Fields
17. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores; r--"A" Ik.,t 'n t"^
• the total space shall be limited
to 80 square feet of gross leasable space per dwelling unit in the district
18. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
19. Professional Offices
20. Restaurants and Bars
21. 21. Single Family Dwelling Units with five (5) or less bedrooms
22. Single Family Dwelling Units with a potential of up to, but not exceeding, anWor.
laaa4kan 15,000 square feet of floor area
223. Solar Energy Collectors (Private Use)
234. Trails
C. Special Review Uses: The following uses are subject to special review and may
be permitted if found to be in support of allowed principal uses:
1. Agriculture Stands
2. Amusement and Entertainment Establishments
3. Caretaker Dwelling Units
4. Churches
5. Commercial Automobile Parking Lots
6. Community Health Facilities
7. Dormitory Housing
8. Duplex Dwelling Units
9. Employee Dwelling Units
10. Farm Buildings
11. Junk Yards
12. Mineral Exploration/Mining, Concrete Batch Plants
13. Motels, Hotels, Lodges
14. Outdoor Recreational Uses
15. Manufactured Home
16. Radio Transmitting Station
17. Research Facilities, Indoors
18. Satellite Reception Devices
19. Schools / Universities
20. Sewage Disposal Areas / Landfills / Water Plants
21. 21. Single Family Dwelling Units with six (6) or more bedrooms
22. Single Family Dwelling Units with aad!or more than 15,000 square feet of floor
area (transferable development rights are required to exceed 15,000 square feet)
23. 22. Timesharing / Fractional Fees
24. Transferable Development Rights ("TDRs")
235. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
246. Vehicle and Aircraft Sales and Service
257. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the Business (B-1) Zone
District.
1. Airport
2. Alpine Ski Areas and Support
Ord. #99 Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards
Page 59
3. Animal Production and Husbandry Services, and Other Farm and Agricultural
Uses
4. Cemeteries
5. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
6. Commercial Camping Areas
7. Commercial Riding Stables
8. Golf Courses
9. Guest Ranches
10. Hospitals
11. Logging
12. Mobile Homes
13. Nordic Ski Areas and Support Facilities
14. Nursing, Convalescent, Rest, Retirement Homes
15. Research Facilities, Other
16. Resort Cabins
17. Uses not Listed
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the Business (B-1) Zone District.
1. Minimum Lot Area for Multi -Family and Hotel/Motel Lodge - 15,000 square feet
Minimum Lot Area for Other - 6,000 sq. ft.
2. Minimum Lot Area per Dwelling Unit:
a. Multi -Family Unlimited - 5,500 sq. ft.
b. Multi -Family One Bedroom - 3,200 sq. ft.
c. Multi -Family Studio - 2,500 sq. ft.
d. Hotel/Motel Lodge (Special Review) - 2,200 sq. ft.
3. Minimum Usable Open Space per Dwelling Unit - 800 sq. ft.
4. Minimum Front Yard Setback - 30 feet
5. Minimum Side Yard Setback - 10 feet
6. Minimum Rear Yard Setback - 10 feet
7. Minimum Lot Width - 50 feet
8. Maximum Height Principal Structures - 28 feet
9. Maximum Height Accessory Structures - 20 feet
10. Maximum Floor Area Ratio - .53 (Ord. 95-6 § 10 (part), 1995; prior code § 3-416)
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 60
Allowed ses, Special Review Uses and Dimensional Standards
Repeal and Re -Enact § 3-40-170 as Follows:
3-40.170 B-2 Business
A. Intent: The B-2 (Business) district is intended to provide for the establishment of
commercial and low -intensity, non-polluting industrial uses which do not require or generate high
customer traffic volumes and to permit customary accessory uses, including high density, long-
term residential dwelling units.
B. Allowed Uses: The following uses are allowed as of right in the Business (B-2)
Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Commercial Firewood Aplitting, Storage and Sales
4. Commercial Kennels and Veterinary Clinics
5. Crop Production
6. Day Care Centers
7. Equipment Supplies and Contraction or Subcontraction
8. Essential Govemment Public Utility Uses, Facilities and Services
9. Food Related Businesses
10. General Services
11. Home Occupations
12. Multi -Family Dwelling Units
13. Offices limited to 1,000 square feet per business
14. Parks, Playgrounds, Playing Fields
15. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores; r--"a^' •6^< in •kn-P ^^^ c' i^', an -
he total space shall be
limited to 80 square feet of gross leasable space per dwelling unit in the district
16. Professional Offices limited to 1,000 square feet per business
17. Research Facilities, Indoors
18. Restaurants and Bars
19. ' 0 Single Family Dwelling Units with five (5) or less bedrooms
20. Single Family Dwelling Units with a potential of uo to. but not exceeding, aadlcc•
Iecc th n 15,000 square feet of floor area
201. Solar Energy Collectors (Private Use)
242. Trails
223. Vehicle and Aircraft Sales and Service
C. Special Review Uses: The following uses are subject to special review and may
be permitted if found to be in support of allowed principal uses:
1. Agriculture Stands
2. Amusement and Entertainment Establishments
3. Caretaker Dwelling Units
4. Commercial Automobile Parking Lots
5. Community Health Facility
6. Dormitory Housing
7. Duplex Dwelling Units
8. Employee Dwelling Units
9. Farm Buildings
10. Financial Institutions
11. Junk Yards
Ord. # Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 61
Allowed Uses, Special Review Uses and Dimensional Standards
12. Outdoor Recreational Uses
13. Offices larger than 1,000 square feet per business
14. Manufactured Home
15. Radio Transmitting Station
16. Research Facilities, Other
17. Satellite Reception Devices
18. Schools / Universities
19. Sewage Disposal Areas / Landfills / Water Plants
20. 20 Single Family Dwelling Units with six (6) or more bedrooms
21. Single Family Dwelling Units with anWkr more than 15,000 square feet of floor
area (transferable development rights are required to exceed 15,000 square feet)
22. Transferable Development Rights ("TDRs")
243. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
224. Uses Not Listed
235. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the Business (B-2) Zone
District.
1. Airport
2. Alpine Ski Areas and Support
3. Animal Production and Husbandry Services, and Other Farm and Agricultural
Uses
4. Cemeteries
5. Churches
6. Club Houses or Recreational Buildings Use in Connection with and Accessory to
a Permitted Outdoor Recreational Use
7. Commercial Camping Areas
8. Commercial Riding Stables
9. Golf Courses
10. Guest Ranches
11. Hospitals
12. Logging
13. Medical / Dental Clinics
14. Mineral Exploration/Mining, Concrete Batch Plants
15. Mobile Homes
16. Motels, Hotels, Lodges
17. Nordic Ski Areas and Support Facilities
18. Nursing, Convalescent, Rest, Retirement Homes
19. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
20. Resort Cabins
21. Timesharing / Fractional Fees
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the Business (8-2) Zone District.
1. Minimum Lot Area for Multi -Family - 15,000 sq. ft.
Minimum Lot Area for Other - 6,000 sq. ft.
2. Minimum Lot Area per Dwelling Unit:
a. Multi -Family Unlimited - 4,000 sq. ft.
b. Multi -Family One Bedroom - 3,200 sq. ft.
c. Multi -Family Studio - 2,500 sq. ft.
3. Minimum Usable Open Space per Dwelling Unit - 1,200 sq. ft.
4. Minimum Front Yard Setback - 30 feet
Ord. #99- Attachment B: Amendments to § 3.40, Intent of Zone Districts, Page 62
Allowed ��ses, Special Review Uses and Dimensional Standards
5. Minimum Side Yard Setback - 10 feet
6. Minimum Rear Yard Setback - 10 feet
7. Minimum Lot Width - 50 feet
8. Maximum Height Principal Structures - 28 feet
9. Maximum Height Accessory Structures - 20 feet
10. Maximum Floor Area Ratio - .36 (Ord. 95-6 § 10 (part), 1995; prior code § 3-417)
Ord. #941.4. Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 63
Allowed Uses, Special Review Uses and Dimensional Standards
Repeal and Re -Enact § 3-40-180 as Follows:
3.40.180 1 Industrial
A. Intent: The I (Industrial) district is intended to provide for the establishment of
non-polluting manufacturing and warehouse facilities and accessory long-term residential
dwelling units.
B. Allowed Uses: The following uses are allowed as of right in the Industrial (I)
Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Commercial Firewood Splitting, Storage and Sales
4. Crop Production
5. Essential Govemment Public Utility Uses, Facilities and Services
6. Home Occupations
7. Multi -Family Dwelling Units
8. Offices limited to 1,000 square feet per business
9. Parks, Playgrounds, Playing Fields
10. Research Facilities, Indoors
11. 11 Single Family Dwelling Units with five (5) or less bedrooms
12. Single Family Dwelling Units with a potential of up to, but not exceeding, and/or
iasaihan 15,000 square feet of floor area
132. Solar Energy Collectors (Private Use)
134. Trails
C. Special Review Uses: The following uses are subject to special review and may
be permitted if found to be in support of allowed principal uses.
1. Agriculture Stands
2. Amusement and Entertainment Establishments
3. Caretaker Dwelling Units
4. Commercial Automobile Parking Lots
5. Commercial Kennels and Veterinary Clinics
6. Community Health Facilities
7. Employee Dwelling Units
8. Equipment Supplies and Contraction or Subcontraction
9. Farm Buildings
10. Financial institutions
11. Food Related Businesses
12. General Services
13. Junk Yards
14. Mineral Exploration/Mining, Concrete Batch Plants
15. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores; re-"-, that '^ *ke a 2 zone '''c*•I^c ^.
the total space shall be limited
to 80 square feet of gross leasable space per dwelling unit in the district
16. Manufactured Home
17. Professional Offices (office space restricted to a maximum of 1,000 square feet
per business)
18. Radio Transmitting Station
19. Research Facilities, Other
20. Restaurants and Bars
21. Satellite Reception Devices
Ord. #99 , Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 64
Allowed Uses, Special Review Uses and Dimensional Standards
22. Schools / Universities
23. Sewage Disposal Areas / Landfills / Water Plants
24. 21 Single Family Dwelling Units with six (6) or more bedrooms
25. Single Family Dwelling Units with aiid!or more than 15,000 square feet of floor
area (transferable development rights are required to exceed 15,000 square feet)
26. Transferable Development Rights ("TDRs")
267. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
268. Vehicle and Aircraft Sales and Service
27,9. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the Industrial (I) Zone
District.
1. Airport
2. Alpine Ski Areas and Support
3. Animal Production and Husbandry Services, and Other Farm and Agricultural
Uses
4. Cemeteries
5. Churches
6. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
7. Commercial Camping Areas
8. Commercial Riding Stables
9. Day Care Centers
10. Dormitory Housing
11. Duplex Dwelling Units
12. Golf Courses
13. Guest Ranches
14. Hospitals
15. Logging
16. Medical / Dental Clinics
17. Mobile Homes
18. Motels, Hotels, Lodges
19. Nordic Ski Areas and Support Facilities
20. Nursing, Convalescent, Rest. Retirement Homes
21. Outdoor Recreational Uses
22. Places for Retailing of Goods (structures and businesses limited to 12.000
square feet of floor area per building)
23. Resort Cabins
24. Timesharing / Fractional Fees
25. Uses not Listed
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the Industrial (I) Zone District.
1. Minimum Lot Area for Multi -Family - 15,000 sq. ft.
Minimum Lot Area for Other - 6,000 sq. ft.
2. Minimum Lot Area per Dwelling Unit:
a. Multi -Family Unlimited (Special Review) - 5,500 sq. ft.
b. Multi -Family One Bedroom - 3,200 sq. ft.
c. Multi -Family Studio - 2,500 sq. ft.
3. Minimum Usable Open Space per Dwelling Unit - 1,200 sq. ft.
4. Minimum Front Yard Setback - 30 feet
5. Minimum Side Yard Setback - 10 feet
6. Minimum Rear Yard Setback - 10 feet
Ord. #99./6.a6, Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 65
Allowed Uses, Special Review Uses and Dimensional Standards
7. Minimum Lot Width - 50 feet
8. Maximum Height Principal Structures - 28 feet
9. Maximum Height Accessory Structures - 20 feet
10. Maximum Floor Area Ratio - .36 (Ord. 95-6 § 10 (part), 1995; prior code § 3-418)
(Ord. 97-15, Amended, 02/14/1997)
Ord. #99;, Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 66
Allowed Uses, Special Review Uses and Dimensional Standards
Repeal and Re -Enact § 3-40-190 as Follows:
3-40-190 PUB Public
A. Intent: The PUB (Public) district is intended to provide for the development of
public uses. facilities and services for govemmental, civic, educational, humanitarian, health care
and other non-profit (as evidenced by Internal Revenue Service Code 501C3 status (1993]),
public purposes consistent with County land use plans and policies and to provide for related
uses which are customarily incidental or accessory to public uses. Development activity in the
zone should be based upon the adoption of a master plan.
B. Allowed Uses: The following uses are allowed as of right in the Public (PUB)
Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Crop Production
4. Farm Buildings
5. Home Occupations
6. Hospitals
7. Solar Energy Collectors (Private Use)
8. Trails
C. Special Review Uses: The following uses are subject to special review and may
be permitted if found to be in support of allowed principal uses:
1. Agriculture Stands
2. Airport
3. Amusement and Entertainment Establishments
4. Caretaker Dwelling Units
5. Cemeteries
6. Churches
7. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
8. Commercial Automobile Parking Lots
9. Community Health Facilities
10. Day Care Centers
11. Dormitory Housing
Ord. #99-, Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards
Page 67
12. Duplex Dwelling Units
13. Equipment Supplies and Contraction or Subcontraction
14. Essential Govemment and Public Utility Uses, Facilities and Services
15. General Services
16. Golf Courses
17. Junk Yards
18. Logging
19. Medical / Dental Clinics
20. Mineral Exploration/Mining Concrete Batch Plants
21. Multi -Family Dwelling Units
22. Nursing, Convalescent, Rest, and Retirement Homes
23. Offices
24. Outdoor Recreational Uses
25. Parks, Playgrounds, Playing Fields
26. Places for Retailing of Goods (structures and businesses limited to 12.000
square feet of floor area per building)
27. Manufactured Home
28. Professional Offices
29. Radio Transmitting Station
30. Research Facilities, Indoors
31. Research Facilities, Other
32. Satellite Reception Devices
33. Schools / Universities
34. Sewage Disposal Areas / Landfills / Water Plants
16 Single Family D"••o°i^g Unit-
35. Single Family Dwelling Units of all sizes (transferable development rights are
required to exceed 15,000 square feet of floor area)
36. Transferable Development Rights ("TDRs")
347. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
Ord. #99-311, Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 68
Allowed Uses, Special Review Usa and Dimensional Standards
388. Vehicle and Aircraft Sales and Service
389. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the Public (PUB) Zone
District.
Uses
1. Alpine Ski Areas and Support
2. Animal Production and Husbandry Services, and Other Farm and Agricultural
3. Commercial Camping Areas
4. Commercial Firewood Splitting, Storage and Sales
5. Commercial Kennels and Veterinary Clinics
6. Commercial Riding Stables
7. Employee Dwelling Units
8. Financial Institutions
9. Guest Ranches
10. Mobile Homes
11. Motels, Hotels, Lodges
12. Nordic Ski Areas and Support Facilities
13. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores; f•^••itled ,^^^ ,"^'^^', ^rh
iar'^•'+ �' ••� ab-&I 1ninn e2 flare fee' i^ tote' f'eer aral the total space shall be limited
to 80 square feet of gross leasable space per dwelling unit in the district
14. Resort Cabins
15. Restaurants and Bars
16. Timesharing / Fractional Fees
17. Uses not Listed
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the Public (PUB) Zone District.
1. Minimum Lot Area - Special Review
2. Minimum Lot Area Principal Use - Special Review
3. Minimum Usable Open Space per Dwelling Unit - Special Review
4. Minimum Front Yard Setback - 30 feet
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 69
Allowed ses, Special Review Uses and Dimensional Standards
5. Minimum Side Yard Setback - 10 feet
6. Minimum Rear Yard Setback - 10 feet
7. Minimum Lot Width - Special Review
8. Maximum Height Principal Structures - 28 feet
9. Maximum Height Accessory Structures - 20 feet
10. Maximum Floor Area Ratio - .50 (Ord. 95-6 § 10 (part), 1995; prior code § 3-419)
Ord. #99 Attachment B: Amendments to § 3-40, Intent of Zone Districts.
Allowed Uses, Special Review Uses and Dimensional Standards
Page 70
Repeal and Re -Enact § 3-40-210 as Follows:
3-40-210 SR Special Residential Zone District
A. Intent: The SR (Special Residential) district is intended to provide for residential
uses, including mobile home parks.
B. Allowed Uses: The following uses are allowed as of right in the Special
Residential (SR) Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Crop Production
4. Home Occupations
5. Mobile Homes
6. Nursing, Convalescent, Rest, Retirement Homes
7. Parks, Playground, Playing Fields
8. Manufactured Home
9.-4-A.-Single Family Dwelling Units with five (5) or less bedrooms
10. Single Family Dwelling Units with up to a potential of, but not exceeding, aadlec
tees_than-15,000 square feet of floor area
101. Solar Energy Collectors (Private Use)
14.2. Trails
C. Special Review Uses: The following uses are subject to special review:
1. Agriculture Stands
2. Amusement and Entertainment Establishments
3. Caretaker Dwelling Units
4. Cemeteries
5. Churches
6. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
7. Community Health Facilities
8. Day Care Centers
9. Dormitory Housing
10. Farm Buildings
11. Golf Courses
12. Guest Ranches
13. Outdoor Recreational Uses
14. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores; the total space shall be limited to 80
square feet of gross leasable space per dwelling unit in the district
15. Radio Transmitting Station
16. Satellite Reception Devices
17. Schools / Universities
18. Sewage Disposal Areas / Landfills / Water Plants
19. ' g Single Family Dwelling Units with six (6) or more bedrooms anWUor
20. Single Family Dwelling Units with more than 15,000 square feet of floor area _
(transferable development rights are required to exceed 15,000 square feet)
21. Transferable Development Rights ("TDRs")
201. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
242. Water Crossing and Diversion
Ord. #99-1L, Attachment B: Amendments to § 3.40, Intent of Zone Districts, Page 71
Allowed Uses, Special Review Uses and Dimensional Standards
D. Prohibited Uses: The following uses are prohibited in the Special Residential
(SR) Zone District:
1. Airport
2. Alpine Ski Areas and Support
3. Animal Production and Husbandry Services, and Other Farm and Agricultural
Uses
4. Commercial Automobile Parking Lots
5. Commercial Camping Areas
6. Commercial Firewood Splitting, Storage and Sales
7. Commercial Kennels and Veterinary Clinics
8. Commercial Riding Stables
9. Duplex Dwelling Units
10. Employee Dwelling Units
11. Equipment Supplies and Contraction or Subcontraction
12. Essential Govemment and Public Utility Uses, Facilities and Services
13. Financial Institutions
14. General Services
15. Hospitals
16. Junk Yards
17. Logging
18. Medical / Dental Clinics
19. Mineral Exploration/Mining Concrete Batch Plants
20. Motels, Hotels, Lodges
21. Multi -Family Dwelling Units
22. Nordic Ski Areas and Support Facilities
23. Offices
24. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
25. Professional Offices
26. Research Facilities, Indoors
27. Research Facilities, Other
28. Resort Cabins
29. Restaurants and Bars
30. Timesharing / Fractional Fees
31. Uses not Listed
32. Vehicle and Aircraft Sales and Service
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the Special Residential (SR) Zone District.
1. Minimum Lot Area - 15,000 sq. ft.
2. Minimum Lot Area Principal Use - 15,000 sq. ft.
3. Minimum Usable Open Space per Dwelling Unit - 3,000 sq. ft.
4. Minimum Front Yard Setback - 30 feet
5. Minimum Side Yard Setback - 10 feet
6. Minimum Rear Yard Setback - 10 feet
7. Minimum Lot Width - 75 feet
8. Maximum Height Principal Structures - 28 feet
9. Maximum Height Accessory Structures - 20 feet
10. Maximum Floor Area Ratio -0.16
Ord. #99- Attachment B: Amendments to § 3.40, Intent of Zone Districts, Page 72
Allowed ses, Special Review Uses and Dimensional Standards
Repeal and Re -Enact § 3-40-220 as Follows:
3-40-220 U Unclassified
A. Intent: The U, Unclassified District, includes those properties in the County
which have not been rezoned for uses because of their distance from developed areas and/or the
lack of a land use plan for the areas in which they are located.
B. Allowed Uses: The following uses are allowed as of right in the Unclassified (U)
Zone District.
1. Accessory Buildings and Uses
2. Animal Production and Husbandry Services, Other Farm and Agricultural Uses
(not including Commercial Feed Lots)
3. Bus Stop
4. Crop Production
5. Farm Buildings
6. Home Occupations
7. Parks, Playground, Playing Fields
8. Manufactured Home
9. 9. Single Family Dwelling Units with five (5) or less bedrooms
10. Single Family Dwelling Units with a potential of up to, but not exceeding, aadWos.
lacsitaaw 15,000 square feet of floor area
101. Solar Energy Collectors (Private Use)
14.2. Trails
C. Special Review Uses: The following uses are subject to special review.
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Cemeteries
4. Churches
5. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
6. Commercial Camping Areas
7. Commercial Firewood Splitting, Storage and Sales
8. Commercial Kennels and Veterinary Clinics
Ord. #99 3t , Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 73
Allowed Uses, Special Review Uses and Dimensional Standards
9. Community Health Facilities
10. Day Care Centers
11. Employee Dwelling Units
12. Equipment Supplies and Contraction or Subcontraction
13. Logging
14. Mineral Exploration/Mining, Concrete Batch Plants
15. Nordic Ski Areas and Support Facilities
16. Nursing, Convalescent, Rest, and Retirement Homes
17. Outdoor Recreational Uses
18. Radio Transmitting Station
19. Resort Cabins
20. Satellite Reception Devices
21. Schools / Universities
22. Sewage Disposal Areas / Landfills / Water Plants
23. Yl Single Family Dwelling Units with six (6) or more bedrooms
24, Single Family Dwelling Unit with aad/ermore than 15,000 square feet of floor
area (transferable development rights are required to exceed 15,000 square feet)
25. Transferable Development Rights ('TDRs")
246. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
257. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the Unclassified (U) Zone
District.
1. Airport
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
4. Commercial Automobile Parking Lots
5. Commercial Riding Stables
6. Dormitory Housing
7. Duplex Dwelling Units
Ord. #99-(Attachment B: Amendments to § 340, Intent of Zone Districts,
Allowed Uses, Speetal Review Uses and Dimensional Standards
Page 74
8. Essential Govemment and Public Utility Uses, Facilities and Services
9. Financial Institutions
10. General Services
11. Golf Courses
12. Guest Ranches
13. Hospitals
14. Junk Yards
15. Medical / Dental Clinics
16. Mobile Homes
17. Motels, Hotels, Lodges
18. Multi -Family Dwelling Units
19. Offices
20. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores; rtdat4 " .,t in *ha 0 -^aa A"e'r'^+; an•
he total space shall be
limited to 80 square feet of gross leasable space per dwelling unit in the district
21. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
22. Professional Offices
23. Research Facilities, Indoors
24. Research Facilities, Other
25. Restaurants and Bars
26. Timesharing / Fractional Fees
27. Uses not Listed
28. Vehicle and Aircraft Sales and Service (Ord. 95-6 § 10 (part), 1995; prior code §
3-422)
Ord. #99-�j�, Attachment B: Amendments to § 3-40, Intent of Zone Distdtts, Page 75
Allowed ses, Special Review Uses and Dimensional Standards
Repeal and Re -Enact § 3-40-230 as Follows:
3-40-230 VR Village Residential
A. Intent: The VR, Village Residential zone district, is intended to preserve the
historical integrity of the zone district by respecting the mass and scale of the existing
neighborhood, to ensure compatibility with existing uses, and to retain the village atmosphere,
pedestrian scale, and unique character of Redstone.
B. Allowed Uses: The following uses are allowed as of right in the Village
Residential (VR) Zone District.
1. Accessory Buildings and Uses
2. Bus Stop
3. Crop Production
4. Home Occupations
5. Parks, Playground, Playing Fields
6. Manufactured Homes
7. 7 Single Family Dwelling Units with five (5) or less bedrooms
8. Single Family Dwelling Units with a potential of up to, but not exceeding, aR414ess
Sat -15,000 square feet of floor area
89. Solar Energy Collectors (Private Use)
910. Trails
C. Special Review Uses: The following uses are subject to special review:
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Churches
4. Community Health Facilities
5. Day Care Centers
6. Duplex Dwelling Units
7. Outdoor Recreational Uses
8. Radio Transmitting Station
9. Satellite Reception Devices
10.10. Single Family Dwelling Units with six (6) or more bedrooms
Ord. #99- , Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 76
Allowed ses, Special Review Uses and Dimensional Standards
11. Single Family Dwelling Units aad{acwith more than 15,000 square feet of floor
area (transferable development rights are required to exceed 15.000 square feet)
12. Transferable Development Rights ("TDRs")
143. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
124. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in the Medium Density
Residential (R-6) Zone District.
1. Airport
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
4. Animal Production and Husbandry Services, and Other Farm and Agricultural
Uses
5. Bed and Breakfasts
6. Cemeteries
7. Club Houses or Recreational Buildings used in connection with and accessory to
a permitted outdoor recreational use
8. Commercial Automobile Parking Lots
9. Commercial Camping Areas
10. Commercial Firewood Splitting, Storage and Sales
11.. Commercial Kennels and Veterinary Clinics
12. Commercial Riding Stables
13. Dormitory Housing
14. Employee Dwelling Units
15. Equipment Supplies and Contraction or Subcontraction
16. Essential Government and Public Utility Uses, Facilities and Services
17. Financial Institutions
18. General Services
19. Golf Course
20. Guest Ranch
21. Hospital
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 77
Allowed IIIIITTTTTs �_��es, Special Review Uses and Dimensional Standards
22. Junk Yards
23. Logging
24. Medical / Dental Clinics
25. Mineral Exploration/Mining Concrete Batch Plants
26. Mobile Homes
27. Motels, Hotels, Lodges
28. Multi -Family Dwelling Units
29. Nordic Ski Areas and Support Facilities
30. Nursing, Convalescent, Rest, Retirement Homes
31. Offices
32. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores.
33. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
34. Professional Offices
35. Research Facilities, Indoors
36. Research Facilities, Other
37. Resort Cabins
38. Restaurants and Bars
39. Schools / Universities
40. Sewage Disposal Areas / Landfills / Water Plants
41. Timesharing / Fractional Fees
42. Uses not Listed
43. Vehicle and Aircraft Sales and Service
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the Village Residential (VR) Zone District.
1. Minimum Lot Area - 6,000 sq. ft.
2. Minimum Lot Area Principal Use - 6,000 sq. ft.
3. Minimum Lot Area per Dwelling Unit - 6,000 sq. ft.
Ord. Attachment B: Amendments to § 3-40, Intent of Zone Districts,
Allowed Uses, Special Review Uses and Dimensional Standards
Page 78
4. Minimum Usable Open Space per Dwelling Unit - 1,500 sq. ft.
5. Minimum Front Yard Setback - 30 feet
6. Minimum Side Yard Setback - 20 feet for both sides per structure, with a
minimum of 7 feet on either side
7. Minimum Rear Yard Setback - See Figure 3-1
8. Minimum Lot Width - 50 feet
9. Maximum Height Principal Structures - 28 feet to the ridges; 17 feet to the plate
10. Maximum Height Accessory Structures - 24 feet to the ridge; 16 feet to the plate
11. Maximum Floor Area Ratio -
Lot Area
0 - 6,000
6,001 - 10,000
10,001 - 20,000
20,001+
FAR
.3_1,800 s.f. plus 0.0625 for each
additional square foot between
6,001 and 10,000 s.f.
(Ord. 95-14, Added. 05/08/1995)
3-10-240 VC Village Commercial
2,050 s.f. plus 0.05 for each
additional square foot between
10,001 and 20,000 s.f.
2,550 s.f. plus 0.01 for each
additional square foot over 20,000
s.f.
A. Intent: The VC (Village Commercial) zone district is intended to preserve the
historical integrity of the existing district, to provide for goods and services to residents and
visitors of Redstone, and to ensure that commercial development is consistent with the scale of
existing structures and uses within the zone district.
B. Allowed Uses: The following uses are allowed as of right in the Village
Commercial (VC) Zone District.
1. Accessory Buildings and Uses
2. Bed and Breakfasts
3. Bus Stop
4. Crop Production
5. Home Occupations
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 79
Allowed ses, Special Review Uses and Dimensional Standards
6. Manufactured Homes
7. Nordic Ski Areas and Support Facilities
8. Offices limited to 1,000 square feet per business
9. Parks, Playgrounds, Playing Fields
10. Personal Service Outlets: Food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores
12. Places for Retailing of Goods (structures and businesses limited to 12,000
square feet of floor area per building)
13. Professional Offices
14. Restaurants and Bars
15. 15.—Single Family Dwelling Units with five (5) or less bedrooms
16. Single Family Dwelling Units with a potential of up to, but not exceeding atul/ar
Iacc-tLaan 15,000 square feet of floor area
167. Solar Energy Collectors (Private Use)
168. Trails
C. Special Review Uses: The following uses are subject to special review and may
be permitted if found to be in support of allowed principal uses.
1. Agriculture Stands
2. Amusement and Entertainment Establishments
3. Caretaker Dwelling Units
4. Churches
5. Club Houses or Recreational Buildings Used in connection with and accessory to
a permitted outdoor recreational use
6. Community Health Facilities
7. Day Care Centers
8. Duplex Dwelling Units
9. Essential Govemment Public Utility Uses, Facilities and Services
10. Financial Institutions
11. General Services
12. Medical / Dental Clinics
13. Motels, Hotels, Lodges, Tourist Accommodations
Ord. #99- Attachment B: Amendments to § 3-40, Intent of Zone Districts. Page 80
Allowed ses, Special Review Uses and Dimensional Standards
14. Multi -Family Dwelling Units
15. Nursing, Convalescent, Rest, Retirement Homes
16. Outdoor Recreational Uses
17. Radio Transmitting Station
18. Resort Cabins
19. Satellite Reception Devices
20. Schools / Universities
21. Sewage Disposal Areas / Landfills / Water Plants
22. —2.Z. Single Family Dwelling Units with six (6) or more bedrooms
23. Single Family Dwelling Units with aad{ocmore than 15,000 square feet of floor
area (transferable development rights are required to exceed 15,000 square feet)
234. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
25. Water Crossing and Diversion
D. Prohibited Uses: The following uses are prohibited in Village Commercial (VC)
Zone District.
Uses
1. Airport
2. Alpine Ski Areas and Support
3. Animal Production and Husbandry Services, and Other Farm and Agricultural
4. Cemeteries
5. Commercial Automobile Parking Lots
6. Commercial Camping Areas
7. Commercial Firewood Splitting, Storage and Sales
8. Commercial Kennels and Veterinary Clinics
9. Commercial Riding Stables
10. Dormitory Housing
11. Equipment Supplies and Contraction or Subcontraction
12. Employee Dwelling Units
13. Farm Buildings
Ord. it9tegt Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 81
Allowed Uses. Special Review Uses and Dimensional Standards
14. Golf Courses
15. Guest Ranches
16. Hospitals
17. Junk Yards
18. Logging
19. Mineral Exploration/Mining, Concrete Batch Plants
20. Mobile Homes
21. Research Facilities, Indoors
22. Research Facilities, Other
23. Timesharing / Fractional Fees
24. Uses not Listed
25. Vehicle and Aircraft Sales and Service
E. Dimensional Requirements: The following dimensional requirements shall apply
to all permitted and special review uses in the Village Commercial (VC) Zone District.
1. Minimum Lot Area Principal Use - 6,000 square feet
2. Minimum Lot Area per Dwelling Unit:
a. Multi -Family Unlimited - 5,500 sq. ft.
b. Multi -Family One Bedroom - 3,200 sq. ft.
c. Multi -Family Studio - 2,500 sq. ft.
d. Hotel/Motel Lodge (Special Review) - 2,200 sq. ft.
3. Minimum Usable Open Space per Dwelling Unit - 1,200 sq. ft. per unit, or 25% of
the site, whichever is greater
4. Minimum Front Yard Setback - 30 feet
5. Minimum Side Yard Setback - 20 feet total on both sides per structure, with a
minimum of 7 feet on either side
6. Minimum Rear Yard Setback - See Figure 3-1
7. Minimum Lot Width - 50 feet
8. Maximum Height Principal Structures - 28 feet to ridge; 23 feet to midpoint
9. Maximum Height Accessory Structures - 26 feet to ridge; 21 feet to midpoint
Ord. #99 a Attachment B: Amendments to § 3-40, Intent of Zone Districts, Page 82
Allowed Uses, Special Review Uses and Dimensional Standards
10. Maximum Floor Area Ratio** -
Lot Area
0 - 7,500
7,501 - 15,000
15,001+_ FAR
.3
2,250 s.f. plus .25 for each additional
foot between 7,501 and 15,000 s.f.
4,125 s.f. plus 0.2 for each additional
square foot above 15,001
" NOTE: A hotel/motel/lodge/tourist accommodation may apply by Special
Review for a floor area ratio of up to .53.
(Ord. 95-14, Added, 05/08/1995)
Ord. #99�/ Attachment B: Amendments to § 3-40, Intent of Zone Districts.
Allowed Uses, Special Review Uses and Dimensional Standards
Page 83