HomeMy WebLinkAboutbocc.ord.011.2011 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, THE 2006 LAND USE
CODE, FOR VARIOUS LAND USE CODE AMENDMENTS RELATED TO AGRICULTURAL
BUILDINGS
Ordinance No.0/ / -2011
RECITALS
1. At the request of the Snowmass Capitol Creek Caucus, the Pitkin County Community Development
Department staff initiated amendments to the 2006 Pitkin County Land Use Code ( "Code ") related to
agricultural buildings. Amendments will be made to the following chapters and sections of the Code:
Chapter 2
• Add new Sec. 2- 10 -70, Agricultural Building Review Committee
• Amend Sec. 2- 30 -10, Review and Approval Procedures Summary Table (Table 2 -1)
• Add new Sec. 2- 30- 20(g)(19), Administrative Review Procedures — Flexibility for Agricultural
Support
Chapter 4
• Amend Sec.4 -20, Permitted Use Table (Table 4 -1)
• Amend Sec. 4- 30- 20(a), Agricultural and Resource — Farm Building
Chapter 5
• Amend Sec. 5 -10, Dimensional Standards Tables (Tables 5 -1.A, 5 -1.B and 5 -1.D)
• Add new Sec. 5- 20- 60(i), Measurement of Building Height — Exempt Agricultural Buildings
• Add new Sec. 5- 20- 70(i), Measurement of Floor Area — Floor Area Exemptions for Agricultural
Buildings
• Amend Sec. 5- 20 -80, Measurement of Gross Floor Area
Chapter 6
• Delete Sec. 6 -30 -140, Exemption for Barns
Chapter 7
• Amend Sec. 7- 10 -30, Exempt Development Activities
Chapter 11
• Amend definitions for: Agricultural Building, Agricultural Operation, Agricultural Use, Agriculture,
Barn and Ranching
• Delete the definition for Farm Building.
• Add new definitions for: Agricultural Equipment Storage Building, Greenhouse, Hay Storage
Building, Livestock, Livestock Run -In or Loafing Shed and Pasture.
2. The Pitkin County Planning and Zoning Commission considered the proposed code amendments at
regularly scheduled meetings on January 11, February 8, April 5 and April 19, 2011, and recommended
approval by a vote of 5 -0.
3. The Board of County Commissioners of Pitkin County, Colorado ( "BOCC ") considered the proposed
code amendments on first reading on June 8 and July 13, 2011, and voted to approve the proposed
amendments at a duly noticed public hearing on second reading on August 10, 2011.
1
4. The BOCC finds that the proposed code amendments are consistent with the applicable provisions of the
Code and the goal of the Comprehensive Plan to sustain the existing rural character of the County.
NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title 8 of the
Pitkin County Code, the Land Use Code, as follows in Attachment A.
INTRODUCED AND FIRST READ on the 8th day of June and the 13 day of July, 2011.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 24 day of July,
2011.
APPROVED AND ADOPTED AFTER SECOND READING AT A PUBLIC HEARING on
the 10 day of August, 2011.
PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the/ b day or -e/g --
2011.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
A ES : R chel . Richards, Ch irwoman
Date C./ / ` I
Jean fe Jones, Clerk to t ( BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
e t • albil3%/Cti-
John Ely, County • ' : I in y ou ' en,
Community Development Director
2
ATTACHMENT A - DRAFT CODE AMENDMENTS
I. ADD NEW SEC. 2- 10 -70: AGRICULTURAL BUILDING REVIEW
COMMITTEE
la) Establishment
There is hereby established within Pitkin County government the Agricultural Building Review Committee
to assist with the preservation of the rural character of the County by advising the Community
Development Department to determine if agricultural buildings are designed to support an agricultural
operation and to ensure that the structures are functional for agricultural uses.
(1) The Agricultural Building Review Committee members shall be appointed by the Board of County
Commissioners.
(2) Members shall have an interest in and knowledge of agricultural operations and buildings.
(3) Each member and alternate shall be a resident of the County.
(4) The term of each member shall be two (2) years. The Board of County Commissioners shall establish
staggered terms for the members. Members may be reappointed for successive terms and each member
shall serve until the appointment of his or her successor.
(5) The Board shall fill vacancies and remove a member for nonperformance of duty or misconduct as it
deems appropriate in the exercise of its discretion. In the event that any regular member is temporarily
unable to act owing to an absence, illness, conflict of interest, or any other cause, such position shall be
filled during such temporary disability by an alternate member in accordance with the by -laws, if
applicable, or by order of the chairperson.
lb) Conduct of Business
(1) The Agricultural Building Review Committee shall adopt by -laws to establish its organization and
procedures; the Board of County Commissioners shall approve the by -laws. A copy of such by -laws shall
be available in the Community Development Department. The Agricultural Building Review Committee
shall elect a chairperson from its members.
(2) Meetings of the Agricultural Building Review Committee shall be held as specified in the by -laws. All
meetings shall be open to the public. The Agricultural Building Review Committee shall keep a record of
its proceedings, which record shall be open to inspection by the public at reasonable times.
(c) Powers and Duties
The powers and duties of the Agricultural Building Review Committed shall include, but not be limited to:
(1) Assisting the Community Development Department in reviewing building permit applications for
agricultural buildings to determine if the agricultural buildings wi1lare designed to support an agricultural
operation and to ensure that the structures are functional for agricultural uses;
(2) Assisting the Community Development Department in reviewing applications for additional exempt
floor area for agricultural buildings to determine if the agricultural buildings witlare designed to support an
agricultural operation and are functional for agricultural uses.
(3) The powers currently designated to the Agricultural Building Review Committee by the Board of
County Commissioners are summarized in Table 2 -1.
II. AMEND SEC. 2- 30 -10, REVIEW AND APPROVAL PROCEDURES
SUMMARY TABLE (TABLE 2 -1)
> Amend Administrative Reviews, Building Permit: Add "Agricultural Building Review Committee" as a
"Review Body" for permits for agricultural buildings.
➢ Amend Administrative Reviews: Add "Flexibility for Agricultural Support" with the Agricultural Building
Review Committee as a "Review Body "; Staff as the "Decision- Making Body "; and the BOCC as the
"Appeal Body "; and require public notice by Posted Notice (sign),
Ordinance No. it -2011
Attachment A — Page 1
III. AMEND SEC. 2- 30 -20, ADMINISTRATIVE REVIEW PROCEDURE -
ADD NEW SUB- SECTION (q)(19)
(19) FLEXIBILITY FOR AGRICULTURAL SUPPORT
If a property does not meet the minimum acreage required in Sec. 5- 20 -70(i) for an exempt
agricultural building, or if the exempt floor area provided in Sec. 5- 20 -70(i) is not adequate to
support an agricultural operation the owner may submit a request to obtain additional exempt
floor area. The Community Development Director shall approve the additional exempt floor
area, provided the following criteria are met:
(a) Agricultural Buildings are listed as an allowed special review or master plan use in
Table 4 -1 in the zone district: and
(b) The agricultural building(s) complies with the applicable standards of Chapter 7; and
(c) The owner demonstrates that the property is utilized for an agricultural operation as
defined in Chapter 11 and that the agricultural building(s) are designed and will be
used to support the agricultural operation. To demonstrate that the property is utilized
for an agricultural operation and that the agricultural building(s) are designed and will
be used to support the agricultural operation, the owner shall submit the following:
1. Detailed description of existing and proposed agricultural activities, including
number of animals, types and size of equipment, implements and gear, etc.
2. Site plan showing existing and proposed buildings and areas on the property used
for the agricultural operation:
3. Floor plans and elevations of the agricultural building(s) to demonstrate that the
scale and layout of the building(s) are appropriate given the specified agricultural
activities.
4. Description of how the proposed agricultural building(s) will support and sustain
the rural character of the County.
(d) The Agricultural Building Review Committee shall review applications for additional
exempt floor area for agricultural buildings and make a recommendation to Community.
Development Department as to whether the agricultural building is designed to support
an agricultural operation and is functional for agricultural uses. The Community
Development Department shall have the discretion to determine which applications for
agricultural buildings should be referred to the Committee for review; an Applicant may
also request a Committee review.
Ordinance No. II -2011
Attachment A — Page 2
IV. AMEND TABLE 4 -1: PERMITTED USES
Intended for Rural Areas t► t �" ®r
,' 4 r' k
TABLE 4 -1: � ��, .A ;
ERMITTED USES Rural Districts a " , , '
:it
7 t l 1 la II 1
RS R RS RS 1,1 TR TRRS A A S B i
G 1 35 - 1 2 30 - - Use - Specific Regulatio
& 10 2 � Use Category/ 6 35 ' ► x r § 1. Use Type 2U`�`�� � i '
tf�r 4 4, t IC : i.
ncipal Uses of Land
ricultural & Resource
Unlisted Agricultural A A A A
Use
Blacksmithing S S S S
Farr+n Agricultural S S A A S A A AM S M S §4- 30- 020(a)
Building M A §4- 30- 020(b)
Farming S A A A A A A AM
Firewood Splitting, S S S S S M A A §4- 30- 020(c)
Commercial
Horse Boarding, A A A A S §4- 30- 020(d)
Primary
Kennel or Veterinary S S S S S S M - §4- 30- 020(e)
Clinic M - §4- 30- 020(f)
Logging S S S S S M
Mineral and Gravel
Extraction (formerly M §4-30-020(g)
Mineral & Gravel S S S S S S S S M
3xploration / Mining,
Increte, Batch Plants) §4- 30- 020(h)
it and Gas Extraction S S S
Ranching (formerly
knimal Production &
Husbandry Services, M §4-30-020(i),
Other Farm and A A A A A A A AM
\gricultural uses (not
Icluding Commercial
Feed lots))
Silviculture A A A A M
Ordinance No. it -2011
Attachment A — Page 3
/V
V. AMEND SEC. 4- 30 -20: AGRICULTURAL AND RESOURCE
(a) Farm-Agricultural Building
(1) In the LIR -35 zone district only, agricultural buildings and agricultural housing are permitted,
and then only as accessory special review uses.
(2) Certain farm agricultural buildings (Barns) are subject to floor area
limitations under the -GMQS system pursuant to Sec. 6-30- 4485- 20- 70(1).
VI, AMEND TABLE 5 -1.A: DIMENSIONAL REQUIREMENTS RURAL
ZONES
TABLE 5 - 1.A: RS RR RS - RS - LIR- TR -1 TR -2 RS - RS - AR - AR- 2 B -1 SKI -
-G 160 35 35 30 20 10 REC
DIMENSIONAL NOTE NOTE NOTES
REQUIREMENTS 1 NOTE 3 3, 4, 5
RURAL ZONES 2
Maximum Height of 20 20 28 28 28 20 20 28 28 28 28 28 M
Principal Structure NOTE
ft. 8
Maximum Height of 20 12 20 20 20 15 15 20 20 20 20 20 M
Accessory Structure NOTE
ft. 9
Maxim m Height of Refer N/A Refer to Sec. 5- 20 -70(i) N/A N/A ' Refer to Sec. 5- 20 -70(i) N/A N/A
Exem. A•ricultural to
Buildin!s Sec.
5 -20-
70 i
VII. AMEND TABLE 5 -1.B: DIMENSIONAL REQUIREMENTS
URBAN /SUBURBAN RESIDENTIAL ZONE DISTRICTS
R- 30 R -15 R -15A R -15B R -6 VR MHP
TABLE 5 -1.B: DIMENSIONAL
REQUIREMENTS URBAN /SUBURBAN
RESIDENTIAL ZONE DISTRICTS OTHER THAN
AFFORDABLE HOUSING DISTRICTS
MAXI It iM � r x ; �. , � .P S Vi
Maximum Hei • ht of Princi •aI Structure ft. 28 28 28 28 28 NOTE 5 NOTE 2
Maximum Hei • ht of Accesso Structure ft. 20 20 20 20 20 NOTE 6 NOTE 2
Maximum ei • ht of Exem •t Al ricultural Refer to Sec. N/A
Buildin•s 5-20-70 i N/A N/A N/A N/A N/A
Ordinance No. IL -2011
Attachment A — Page 4
/'
VIII. AMEND TABLE 5 -1.D: DIMENSIONAL REQUIREMENTS
COMMERCIAL AND SPECIAL PURPOSE ZONE DISTRICTS
TABLE 5 -1.0: DIMENSIONAL REQUIREMENTS VC B - 2 P- 1 T
COMMERCIAL AND SPECIAL PURPOSE ZONE
DISTRICTS
M .' 1 .. � rW" % ";- . %
Maximum Hei • ht of Princi • al Structure ft. NOTE 4 28 M 28
Maximum Hei• ht of Accesso Structure ft. NOTE 5 20 M 20
Ma mum Hei • ht of Exem •t As ricultural N/A N/A N/A Refer to Sec. 5 -20 -70(1)
Buil lines
IX. AMEND SEC. 5- 20 -60, MEASUREMENT OF BUILDING HEIGHT -
ADD NEW SUB - SECTION (j)
(1) Exempt Agricultural Buildings
The height of agricultural buildings that are exempt from floor area pursuant to Sec. 5- 20 -70(i)
shall be limited as follows:
(1) Hay Storage Building:
30' maximum to 20' maximum
top of ridge to top of ridge_
20 to <35 acres 224 sf 336 sf
35 to <70 acres 448 sf 672 sf
70 to <160 acres 672 sf 1 008 sf
160+ acres Unlimited Unlimited
(2) Livestock Run -In or Loafing Shed: shall not exceed 12' to the top of the ridge with a
minimum 3:12 roof pitch with a shed roof
(3) Agricultural Equipment Storage Building: shall not exceed 16' to the top of the ridge
(4) Barns:
1. 20 to <35 acres: 25' to the midpoint/30' to the top of the ridge (for one principal
barn; additional barns shall not exceed 20' to midpoint/25' to top of ridge)
1.2 35+ acres: 28' to midpoint/33 to top of ridge (for one principal barn; additional
barns shall not exceed 20' to midpoint /25' to top of ridge)
X. AMEND SEC. 5- 20 -70, MEASUREMENT OF FLOOR AREA - ADD
NEW SUB - SECTION 0)
(1) Floor Area Exemptions for Agricultural Buildings
Agricultural Buildings shall be exempt from floor area, subject to the following criteria, on
properties utilized for an agricultural operation as defined in Chapter 11 in those zone districts
Ordinance No. - -2011
Attachment A — Page 5
where Agricultural Buildings are listed as an allowed use in Table 4 -1, or in the RS -G, LIR -35,
R -30 or T zone districts, if approved as a special review use.
(1) Hay Storage Building: To be exempt from floor area, a hay storage building must meet all
of the following criteria:
(a) A hay storage building shall have a maximum of three (3) sideswalls. The fourth side
of the building may have a fence or gate to exclude wildlife, but shall not be fully
enclosed.
(b) A hay storage building shall be used only for the protection and storage of hay.
(c) A hay storage building shall not exceed the following sizes /heights based on acreage:
30' maximum to 20' maximum
top of ridge to top of ridge_
20 to <35 acres 224 sf 336 sf
35 to <70 acres 448 sf 672 sf
70 to <160 acres 672 sf 1 008 sf
160+ acres Unlimited. Unlimited,
1. Additional square footage for a hay storage building may be approved pursuant
to Sec. 2- 30- 20(q)(19) of this Code, Flexibility for Agricultural Support. Otherwise
any additional square footage for a hay storage building shall count as floor area.
(d) A hay storage building shall not have an excavated, raised or slab foundation.
je) A hay storage building shall not contain any mechanical or plumbing equipment.
Electrical equipment shall be limited to necessary lighting.
(2) Livestock Run -In or Loafing Shed: To be exempt from floor area, a livestock run -in or
loafing shed must meet all of the following criteria:
fa) A livestock run -in or loafing shed shall have a maximum of three (3) walls. The fourth
side may have a fence or pate, but shall not be fully enclosed.
jb) A livestock run -in or loafing shed shall be used only for livestock protection.
(c) A livestock run -in or loafing shed shall have a maximum size based on acreage as
shown below:
1. <520 acres: one (1) shed of up to 300 square feet. Staff may approve additional
exempt sheds at building permit application, based on a demonstration of need by the
property owner.
- -- - - ---e - -- - -" - - -- - -- .- -. -
1 2 20+ acres: unlimited number of sheds at 300 square feet each
count as floor or a.
(d) A livestock run -in or loafing shed shall not exceed 12' to the top of the ridge with a
minimum 3:12 roof pitch with a shed roof.
(e) A livestock run -in or loafing shed shall not have an excavated, raised or slab
foundation.
(f) A livestock run -in or loafing shed shall not contain any mechanical, electrical or
plumbing equipment.
(p) A livestock run -in or loafing shed may be moveable.
Ordinance No. it -2011
Attachment A — Page 6
f3
(3) Agricultural Equipment Storage Buildings: To be exempt from floor area, an agricultural
equipment storage building must meet all of the following criteria:
(a) An agricultural equipment storage building shall be used only for storage of equipment
utilized for an on -site agricultural operation. The building may contain a
workshop /work area utilized for equipment repair and maintenance as a secondary
use to the equipment storage.
(b) An agricultural equipment storage building shall have a maximum size based on
acreage as shown below:
1. 20 to <160 acres: 990 square feet.
2. 160+ acres: Unlimited
3. Additional square footage for an agricultural equipment storage building may be
approved pursuant to Sec. 2- 30- 20(g)(19) of this Code, Flexibility for Agricultural
Support. Otherwise any additional square footage for an agricultural equipment
storage building shall count as floor area.
(c) An agricultural equipment storage building shall not exceed 16' to the top of the ridge.
(d) An agricultural equipment storage building may have an excavated, raised or slab
foundation.
(e) An agricultural equipment storage building shall not contain any plumbing equipment
other than a hose bib, but may contain mechanical or electrical equipment.
(4) Barns: To be exempt from floor area, a barn must meet all of the following criteria:
(a) A barn shall be designed and used to shelter or enclose livestock, feed, or field
equipment, or for other purposes in support of an on -site agricultural operation.
(b) A barn shall not exceed the following height based on acreage as shown below.
1. < 20 acres: 20' to the midpoint/ 25' to the top of the ridge
2. 520 to <3 acres: 25' to the midpoint/30' to the top of the ridge (for one principal
barn; additional barns shall not exceed 20' to midpoint/25' to top of ridge)
3. 35+ acres: 28' to midpoint/33 to top of ridge (for one principal barn; additional
barns shall not exceed 20' to midpoint/25' to top of ridge)
(c) A barn shall not exceed the following size based on acreage:
1. <5 acres: Barns count as floor area.
2. 5 to <20 acres: 1,160 square feet for a barn(s) is exempt from floor area
3. 20 to <30 acres: 1,740 square feet for a barn(s) is exempt from floor area
4. 30 to <70 acres: 4,060 square feet 58 square feet per acre for a barn(s) is
exempt from floor area
5. 70 to < 160 acres: 58 square feet per acre for a barn(s) is exempt from floor area
6. 160+ acres: Unlimited square footage for barns is exempt from floor area
7. Additional square footage for a barn(s) may be approved pursuant to Sec. 2-30 -
20(g)(19) of this Code, Flexibility for Agricultural Support. Otherwise any
additional square footage for a barn(s) shall count as floor area.
(d) A barn may contain mechanical, electrical and plumbing equipment.
(e) A barn may contain no more than one (1) half bathtoilet room (toilet and sinklavatory
only) not to exceed 20 square feet, unless the toilet room is designed to be accessible,
in which case it shall not exceed 43 square feet. Showers and bathing facilities shall
be are prohibited, with the exception of a safety shower. A dog wash shall not be
permitted within the bathroom.
(t) A barn may contain office space of no more than 120 square feet related to the on -site
agricultural operation. Any additional office space shall count as floor area.
(g) Human amenitiesFireplaces are prohibited within a barn.
Ordinance No./! -2011
Attachment A — Page 7
(5) Greenhouses [Reserved'
(6) Agricultural Building Review Committee: The Agricultural Building Review Committee
shall review building permit applications for exempt floor area for agricultural buildings and
make a recommendation to Community Development Department as to whether the
agricultural building is designed to support an agricultural operation and is functional for
agricultural uses. The Community Development Department shall have the discretion to
determine which buildingpermit applications for agricultural buildings should be referred to
the Committee for review; an Applicant may also request a Committee review.
than an agricultural building, then it shall be considered floor area.
(7) Agricultural Buildings Constructed Prior to [effective date of
this Ordinancel: Agricultural buildings legally constructed prior to [effective
date of this Ordinance' shall count towards the floor area exemptions for agricultural
buildings provided herein.
(a) If the total size of the agricultural building(s) on the lot or parcel is less than the
maximum size permitted in this Sec. 5- 20- 70(i), then the existing agricultural building(s)
can be replaced and can be expanded, up to a total of the size permitted in this Sec. 5-
20 -70(1) for each type of agricultural building.
(b) If the total size of the agricultural building(s) on the lot or parcel is more than the
maximum size permitted in this Sec. 5- 20- 70(i), then the existing agricultural building(s)
may be replaced, but may not be expanded without obtaining additional exempt floor
area pursuant to Sec. 2- 30- 20(q)(19), a GMQS allotment or transferable development
rights_
Ordinance No. / 1 -2011
Attachment A – Page 8
S—
(8) Occupancy Covenant and Agreement: An Occupancy Covenant and Agreement shall be
recorded against a property that takes advantage of a floor area exemption for an
agricultural building, prior to issuance of a building permit for a new or expanded
agricultural building. The Occupancy Covenant and Agreement shall specify that the
exempt floor area may only be used in association with the raising, producing, or keeping of
plants or livestock, or cultivation and management of other crops or farm
products, and that any area not consistent with those uses would count as floor area. The
Occupancy Covenant and Agreement shall also allow the County to inspect the agricultural
building at any time for compliance with the specified use limitations, subject to the
provision of reasonable notice to the property owner. The form of the Occupancy Covenant
and Agreement shall be approved by the County Attorney.
(2(9) Common Agricultural Buildings: Within a Board approved subdivision or PUD in the
AR -10, RS -20, RS -30, RS -35, L IR -35 or RS -160 zone districts, where agricultural buildings
are limited to a common lot /parcel and prohibited on individual lots /parcels as part of the
subdivision or PUD approval, the total acreage of all of the Tots within the subdivision or
PUD may be utilized to determine the common agricultural building floor area exemption.
This provision may be utilized for a common parcel within a development of parcels in
excess of thirty -five (35) acres not within a Board approved subdivision or PUD pursuant to
the procedures of Sec. 2 -30 -20 and the criteria of Sec. 2- 30- 30(h)(2).
(9) Review Provision: This floor area exemption for agricultural buildings (Sec. 5- 20 -70.i) as a
whole shall be reviewed by the Board of County Commissioners after four years from
[effective date of ordinance]. The purpose of the review will be to review how
the exemptions have been used, and whether the exemptions shall be retained, modified or
repealed.
XI. AMEND SEC. 5- 20 -80, MEASUREMENT OF GROSS FLOOR AREA
Gross floor area is calculated by adding areas included in the measurement of floor area,
pursuant to Sec. 5- 20 -70, and the following exemptions from floor area: below -grade space,
garages and carports, pursuant to Sec. 5- 20- 70(g)(1 and 2). Gross floor area measurement
excludes barn :agricultural buildings as specified in Sec. 5- 20- 70(i), and other floor area types
exempt from the calculation of floor area pursuant to Sec. 5- 20- 70(a -e)
respectively.
XII. DELETE SEC. 6 -30 -140: EXEMPTION FOR BARNS
A.. GMQS..- Ex- emp tioa.... is- prrevided- for... barns-on .... all-parcels ...,and- lots_in....excess of- twenty....(. .20)- acres - -in size
Barns shall be exempt from GMQS as follows:
160-- acres -or- larger All -bam- square- -footage.is e - .. e e .. • nd -does -not
eeunt -as -floor area:•
Ordinance No. I( -2011
Attachment A - Page 9
Greater than 20 • - " - - - - - = = = - - -
a-60 -acres
= - - - = - - - = - - - ■ - -•1 - - - -- ' ' - - - •
- = = --= - - = - - • - ' •= - -- • - - - -= - -
- -- • - • - - - - - = -- =- - - = - = - • - - -- -' -= •
County- Attorney:
XIII. AMEND SEC. 7- 10 -30, EXEMPT DEVELOPMENT ACTIVITIES
The following activities are exempt from review for compliance with the standards in Sections 7-
10-40 through 7- 20 -90, provided that the specific development has previously received approval
covering pre- existing development and construction pursuant to the Pitkin County Land Use
Code in effect at that time. Although compliance with these portions of Chapter 7 is not
required in the following exempt situations, compliance is encouraged.
(a) Agricultural- operations- - =- - = - = - = - - = - - - - - - - - - - - - - - -
The Community Development Director may exempt agricultural buildings of less than 4,060
square feet from review, if the owner demonstrates that (1) there is no construction in a
Constrained Area; and (2) the agricultural building is sited consistent with Sec. 7- 20- 120(e),
Rural Character Guidelines for Building Location; and (3) the agricultural building is not visible
Ordinance No. _ -2011
Attachment A — Page 10
from the rights -of -way designated in Sec. 7- 20- 120(b), or has limited visual impact and the
exterior and roof comply with Secs. 7- 20- 120(d)(11) and (12): and (4) the agricultural building
maintains yard setbacks of at least one and a half times the required yard setbacks specified in
Sec. 5 -10. For the purposes of this exemption only, areas categorized as low wildfire hazard
shall not be considered constrained areas.
(b) Remodeling, expansion or reconstruction of any existing structure provided there is no
expansion or construction of a structure into a Constrained Area. For the purposes of this
exemption only, areas categorized as low wildfire hazard shall not be considered constrained
areas.
(c) Development activity not exceeding twenty thousand (20,000) dollars in construction costs,
that avoids or adequately mitigates Constrained Areas.
(d) Other activities exempted from the provision of one or more of the Sections of this Chapter
shall be exempted from the application of that Section, but shall be subject to standards in other
Sections of this Chapter from which they are not specifically exempt.
XIV. AMEND THE FOLLOWING DEFINITIONS IN CHAPTER 11
AGRICULTURAL BUILDING. See -BARN means any building or structure used for agricultural
purposes and not listed as a separate use in this Land Use Code, including but not limited to
sheds, barns, hay storage buildings, corrals, and agricultural well structures. Agricultural
buildings shall be detached from residential structures.
AGRICULTURAL OPERATION means a use of land for - - • - '= -, - •••- - _ -
ef - esteskag ri cu ltu re.
AGRICULTURAL USE, UN 1 STED means any use of the land meeting the definition of
Agriculture in this Land Use Code - - ' - _ : - - - - _ : - _ _ - ° _ • , ° -
- _ _ _ _ - _ _ _ _ _ _ _ - •_ - - - . This is a Use Category that includes
uses like, but not limited to, the following: "Ranching ", "Farming ", "Blacksmithing, "Farm
Building ", "Commercial Firewood Splitting', "Horse Boarding' "Kennel or Veterinary Clinic ",
"Silviculture ", "Agricultural Uses, Unlisted ", and other uses that the Community Development
Director determines belong in this Use Category. Confined animal feeding operations (CAFOs)
are not included in this Use Category, or in any defined use with this Use Category.
AGRICULTURE means the raising, producing, or keeping of plants or animalslivestock, or
cultivation and management of other - roils or farm products. Accessory uses
may include ba€nsagricultural buildings, storage of grain, raising of animalslivestock, feed
preparation, and wholesale sales of products produced on -site.
Clinic ", "Silviculturo ", "Agricultural Ucos, Unlictod ", and othor ucoc that tho Community
Category:
BARN means a building used to shelter or enclose livestock, horses poultry, feed, or field
equipment, or otherwise used fer—in support of an on -site agricultural operationagrisulturaI
Ordinance No. -2011
Attachment A — Page 11
• -••= - - _ -, - _ _ _ -, - -, _ -, = e= - - _ -- _ - - An indoor riding
arena shall not be considered a barn.
RANCHING means the practice of keeping cattlo, choep, horeos, or othor similar
animaislivestock on fields for the purpose of grazing and feeding. Confined animal feeding
operations (CAFOs) are not included in this definition.
XV. ADD THE FOLLOWING DEFINITIONS TO CHAPTER 11:
AGRICULTURAL EQUIPMENT STORAGE BUILDING means a building used solely for the
storage and repair of agricultural equipment.
GREENHOUSE means a detached building where trees, fruit, vegetables, flowers, grain and
other crops are grown.
HAY STORAGE BUILDING means a building used for the storage and protection of hay.
LIVESTOCK means domesticated animals kept or raised for use, pleasure or profit, including
poultry, or any bovine, caprine, equine, ovine or suine animal, except those animals commonly
kept as household pets, such as but not limited to dogs and cats.
LIVESTOCK RUN -IN OR LOAFING SHED means a thre -sided building used solely for livestock
protection.
PASTURE means land covered with grass or other native or cultivated plants that is used for
grazing livestock.
Ordinance No. -2011
Attachment A — Page 12