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Home My WebLink Aboutbocc.res.056.1978 �1 y " �,��}'�.�� . . � n, � � v��;' ,. . -. - �� , .. .. ,-,.._ ..._.. . .. � ... .... , -, � .ti. ��1. Recorded at 4:30 P.M. June 13, 1978 Julie Hane, Recorder Reception Number.- 2��8�Q _ �' � . sooK349 rnc�r/ 1� .. f S RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ?� OF PITRIN COUNTY, COLORADO, AMENDING�:VARIOUS � PROVISIONS OF THE PITKIN COUNTY LAND USE CODE Resolution No. 78- .�(O WHEREAS, the Planning and Zoning Commission has £or- warded to the Board of County Commissioners various recom- mendations with respect to changes and additions to the Pitkin County Land Use Code, all of which recommendations were noticed for (and considered at) a public hearing before the Board on June 12, 1978, and WHEREAS, having reviewed the recommendations of the Commission, the Planning Office and comments from the public, the Board has determined to .adopt aeveral of the recommendations NOW, THEREFORE, BE IT RESOLVEU by the Board of County Commissioners of Pitkin County,.Colorado, pursuant to the provisions of Sectian 9.03.03 of the Pitkin County Land Use Code, Section 1 That subsection 40 of Section 3.03 of the Pitkin County Land Use Code be repealed and reenacted to read as follows: Uses, activities and facilities permitted by a q Special Use (or other) Permit issued by the � Y United States Forest Service, Bureau of Land � Management or other federal agency (subject to the conditions and limitations specified in Section 3.08.09). And that the foreqoing be added as subsection 46 to Section � 3.04 and designated as an "S" (Special Review) use in all , districts. � � r � 5ection 2 + That the Pitkin County Land Use Code be amended by the � a . addition of Section 3.08.09 to read as follows: � S i ! i $ �'��._�7'i3 -��-• {`a�t�LF.a_/t=' �:,Si.,:�.��:�^ -;..1 s�.a*'�� _ . �3-, � �:itl�.�,f;_e' . '. . ' � :' � . . ':..�:._.__...�..�.�_�-:_�___��..:_.._. ".�.._�.�_.._..�__:_�.�..__:;::....._.-. ._'_� .�..� .... . J : '� � � . . � ��.... . ; s�oK 349 r��E 774 � `.� �{ . E�� 3.08,09 U.S. Government Special Use Permits � �l a. No Special Use Permit issued for residential � � and agricultural fences or pastuzing, and to extend an existing residential permit, shall require special review approval. No other activities, uses and facilities requiring a Special Use (or other) Permit shall be permitted until the applicant shall - have received special review approval under the provisions of this Code; provided, how- ever, that the Planning Office may exempt permits for outfitter guide and photography purposes when it shall determine that the ' permit is £or a period of time and/or number of persons as to result in a use with minimal or no land use impacts. b. The provisions o£ subsection a, above not- withstanding, no special review approval shall be required for the extension of utility service (not otherwise requiring review under other provisions of this Code) (1) for exten- sions which will serve a use which is permitted or for which special review approval has previously been given (from the effective date hereof, special review appliaants shall inalude a description of the utilitg extension : within their appl.ications in order to receive the benefit of this exemption) or (2) for extensions which will only change (but not increase the capacity of) the service to an _ existing legal use. c. The Planning Office shall annually report to the Planning and Zoning Commission as to any � and all applications it shall have exempted pursuant to subsection a. above. Section 3 That Section 4.02.02 a. 2 of the Pitkin County Zand Use � Code be repealed and reenacted to read as follows: 2. Is for the puzpose of adjusting a lot line between adjacent parcels or lots under separate ownership, ` subject to the following limitations and conditions: i. that the adjustment creates not more than the original number of lots or parcels; ii. that the purpose or effect of the lot line adjustment is not the creation of a new lot or parcel (that is, one substantially dif- ferent in size nr dimensions) for development ` or resale purposes; iii. that, in the case of conforming lots and ; parcels, any resulting lot or parcel shall s conform to the mini.mum requirements for 1 area or width established by the provisions ( of this Code; i t � � i -2- i 4 s � -,.�;„. '.�,=�r:�c� - 1� ., � : , �il; . .y�i4..��', ..S • . . . .s:a''S��µ-._,.,, . 'r-. _... . . __. ..._. _ . _ . . . .. � �z, ��i.: �. : �ii . � sdoK3$9 r�cE 7%� ; � �;1 � � . . � � � " iv. that, in the case of existing non-conforming �' lots or parcels, any resulting lot or parcel ! shall not increase in non-conformity; and 9 v. that all laws relating to the amendment of recorded plats are complied with (if applicable). � Section 4 I 1 That Section 6.01 of the Pitkin County Land Use Code be � emended by the addition of a final sentence to read as follows: The General Submission application shall reflect the proposed development for an entire ownership and shall indicate all lands under option to purchase at the time of subdivision. Section 5 That Section 6.03.03 d.l of the Pitkin County Land Use � Code be amended by the addition of a new paragraph to read � � as follows: � A notice of public hearing, including all the information hereinabove described along with a brief description of the application shall � be posted on a sign or signs placed on the subject parcel of land at least fifteen (15) days prior to the public hearing. It shall be the respon- sibility of the applicant to post such sign or signs (on forms supplied by the Planning Office) which shall be no smaller than 30" x 40" and which shall be placed near each public or .private right-of-way bordering the property and to remove �� said sign within one (1) week after the hearing. And that Section 9.03.03 a.of the Pitkin County Land Use i � � Code be amended by the addition of identical language. � And that Section 6.03.04 d. l of the Pitkin County Land � � .4 Use Code be amended by the deletion of the phrase "For a � s � hearing on a P.U.D_ application". � � Section 6 � � � That the first sentence of Section 6.03.04 d. l of the Pitkin County Land Use Code be repealed and reenacted to , lread as follows: � I After receipt of the Planning Commission re- ' i commendation the Board shall hold a public hearing � on the application (not fewer than 30 days sub- sequent to the date of the Planning Commission � recommendation) notice of which shall be published (at the expense of the applicant) one time in a newspaper of general circulation in the County at least thirty (and no more than ninety) days i prior to the hearing. � 1 ' -3- � - i � :�rv fr5� � � � . . . . • �;�: - j wy�� gY,�� , ,� ��..;v., _ . . ... - • - �. , °,. ` ;:. _ �.._ �. :J: - � . . . � ,�� . � . . � . . . - � . �'�. .� . � � � sooK349 Fnct�i 76 � � � Section 7 That the second sentence of Section 7.21 of the Pitkin County Land Use Code be repealed and reenacted to read as follows: For the purposes cf this section "owned by the � same owner" shall, when the form of ownership was created to avoid the provisians of this section (or other pronisions of this Code), include owner- ship by a business or legai entity in which the owner has a controlling interest; or ownership �� by his or her spouse; or ownership by a business or legal entity in which his or her spouse has a controlling interest;. or ownership by a business ' or legal entity in which the owner and his or her spouse together have a controlling interest. 5ection 8 That Section 7 of the Pitkin County Land Use Code be amended by the addition of a new subsection 7.23 to read as follows: 7.23 No lot or parcel of land, nor any interest therein, ' shall be transferred, conveyed, sold, subdivided or acquired in either whole or part so as to leave remaining any lot or parcel below the requirements _ • ' of a legal building site as otherwise described in this Code; or so as to alienate any parcel or lot required to be accumulated under Section 7.21; or so as to otherwise avoid, circumvent, subvert or defeat any other provisions of the Land Use Code. Approved by the Board o£ County Commissioners at its regular meeting held June 12, 1978, to be effective immediately. THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COI,ORADO I . rK:ATTEST _ , ,� i .a.,rr�'~� By �i�i� v!/ • �� ! �` �" � � ' —�bert W. Child, G'�iai`�'zman � G,,r 1 ,'^ ' � �eputy�C1'$ -sand�Recorder � - • 3 `_'s .0 x .•��' ,..:. • • ( �k�.• �..�` `.. � A1'PROVPA �1� .�O FORM: j � . `�"_"��y..,_,�:,. . . . . � � � �C,:�E %i, � � . � `•�:i'v�i�i/��6.� � � � . ~./ountg-'41tt r'ney � � 1 Y f � ; -4- � � i -��t•`,Y' . h ,. �'.:f'