The URL can be used to link to this page

Home My WebLink Aboutbocc.ord.006.20150 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY THE 2006 LAND USE CODE FOR LAND USE CODE TEXT AMENDMENTS Ordinance Nu.19ffa - 2015 RECITALS Land Use Code amendments have been proposed to change the Special Events/Temporary Commercial Uses sections of the Code. Amendments will be made to the following Chapters and Sections: • ATTACHMENT A — Chapter 11, Definitions • ATTACHMENT B - Chapter 2, procedures and Table 2-1 • ATTACHMENT C — Chapter 4, Permitted Use Table Chart and Use Specific Standards 2. The Planning and Zoning Commission reviewed the proposed code amendments at a regularly scheduled meeting on January 6'h, 2015 and continued meeting on January 20'n, 2015. The Planning and Zoning Commission voted 5-1 to recommend approval of the Rural and Remote (RR) Zone District and Special Events Venue portion of the amendments to the BOCC. 3. The BOCC reviewed the proposed Code Amendments at I" Reading and regularly scheduled public meeting on January 281', 2015 and at a continued 1" Reading on February 1 11h, 2015. The BOCC adopted the Code Amendments on I" Reading with a 4-1 vote. 2n° Reading and a duly noticed public hearing was scheduled for February I P', 2015 and continued to February 251i, 2015. 4. The BOCC finds that the amendments to the Land Use Code will address the concerns that gave rise to the moratorium that was adopted pursuant to BOCC Ordinance No. 020-2014. 5. The BOCC further finds that the amendments to the Code are in compliance with Section 2-40-10 of the Code and are consistent with the adopted Master Plans throughout the County. 6. The BOCC further finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately upon adoption NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby amends the above -referenced Section of the 2006 Pitkin County Land Use Code, as set forth in attachments A through C. Attachment D illustrates the Rural and Remote Zone District. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON _/" 5L 9 2015. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE P,O/S{T[ED ON THE FFICIAL PITKIN COUNTY WEBSITE (www.aspenpitkin.com) ON THE �J DAY OF ,-V INTRODUCED ON FIRST READING AT A PUBLIC MEETING on the 28" day of January, 2015 and February 11`x, 2015. APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC HEARING on the 25" day of February, 2015. . THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEADIATELY UPON ADOPTION. BLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY on the 1C9aday of 2015. APPROVED AS TO FORM: John Ordinance No. -2015 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Steven F. Child, Chairman Date: 'J ` g La/ APPROVED AS TO CONTENT: &9"n� �. Indy Houben, Community Development Director ATMAC"WENT A - Chapter l l Definitions ARTS AND CRAFTS STUDIO, ACCESSORY means an Arts or Crafts Studio that is accessory to a primary residential use, provided that no sales of arts, crafts, or other goods may take place on the premises. ASPECT means the cardinal direction the land surface faces, characterized by north -facing slopes generally having heavier vegetation cover. ASPEN URBAN GROWTH BOUNDARY means the area depicted on Attachment B (map) to Ordinance 023-2000, appearing in Chapter 3 as Figure 3-1 of this Land Use Code. ATTENDEES means the number of persons participating in a Special Event or Temporary Land Use and Activities including those employed and/or volunteering for the duration of the activity. ATTIC means an area between roof framing and the ceiling framing of the room(s) below. AUTOMOBILE PARKING LOT, COMMERCIAL means an off-street area in which automobiles or other vehicles may be stored for temporary periods of time, not to exceed one (1) year, for compensation. AUTOMOBILE SERVICE STATION means a building, parcel of land, or other premises, used for the retail dispensing of gasoline, diesel fuel, or other vehicle fuels, and/or the repair of motor vehicles. Accessory uses may include a car wash and the incidental sales of vehicle maintenance products. AVALANCHE means a mass of snow or ice and other material that may become incorporated therein as such mass moves rapidly down a mountain slope. AVALANCHE HIGH HAZARD ZONE means an area within which avalanches have return periods of thirty (30) years or less and/or will produce impact pressures of six hundred thirty (630) pounds per square foot (PSF) or more. The high hazard zone is characterized by either high frequency, high impact pressure, or both high frequency and high pressure. The Avalanche High Hazard Zone is also known as the Red Zone. AVALANCHE MODERATE HAZARD ZONE means an area within which avalanches will occur at return periods in excess of thirty (30) years and/or will have impact pressures of less than six hundred thirty (630) pounds per square foot. Avalanche frequency and impact pressures decrease toward the outer limits of this zone. When large avalanches occur and run to the outer boundaries of this zone, they can be very destructive in spite of their reduced probability and pressures. The Avalanche Moderate Hazard Zone is also known as the Blue Zone. BARN means a building used to shelter or enclose livestock, feed, or field equipment, or otherwise used in support of an on-site agricultural operation. An indoor riding arena shall not be considered a bam. Pitkin County Land Use Code CHAPTER l l —DEFINITIONS Jngly 2006 Page 8 00000•' Chapter I1 Definitions SPECIAL EVENT means an organized event or a group activity at one or more specified locations which takes place over a single day or several consecutive days at which a group of persons may gather, with or without the payment of an admission charge A special event that: (a) takes place at a property or in a building or structure that has received a special review use permit authorizing that type of event (such as a special events venue); (b) occurs as part of the day to -day operation of a school religious center, community center, athletic field or similar building/structure or site that was constructed and is primarily used as a place for community gathering• or (c) is authorized in a ski area or public/institutional master plan, shall not require a special events permit. Special events include but are not limited to the following and similar activities: Athletic events including organized races and competitive group activities; Entertainment events including a concertcarnival, festival, or fair; Fund raiser; Trade show; and Wedding block party, neighborhood gathering or similar type of group celebration. SPECIAL EVENT COMMITTEE means an administrative group consisting of representatives of those agencies involved in the special events permitting process or whose resources may be impacted by the event Agencies represented on the group may include, but not be limited to the Pitkin County Sheriff Fire Departments Roaring Fork Transit Axgency, Community Development Emergency Manager, and Environmental Health. SPECIAL EVENTS VENUE means a parcel of land building or structure that has not otherwise been granted a land use approval to operate as a place of public assembly or for the conduct of special events but which is used or intended to be used for special events more than three (3) times during a calendar year. SPRAWL means the continuous, haphazard, uncoordinated development outside of an Urban Area that does not provide or properly plan for concentration of more intense uses and the efficient and economical provision of public facilities and urban services. Sprawl development tends to promote additional development, especially in connection with the provision of public facilities and urban services. Pitkin County Land Use Code CHAPTER 11 —DEFINITIONS 0000July 2006 Page 45 0 Chapter 11 Definitions cooperatives pursuant to C.R.S. 33-33.3-101, et. sem. or Section 33-33.5-101, et. sm. and timeshares pursuant to C.R.S. 38-33-111, as those provisions may be amended or replaced from time to time. The creation of these interests shall not result in the subdivision of land, the creation of legally separate lots, nor shall it be considered an event of subdivision. SUBSTANDARD SIZE LOT means any lot or parcel, no matter what the size, that does not meet the minimum requirements for lot width or area as set forth in this Land Use Code, when a building permit is sought. SUBURBAN means a predominantly low-density residential area and/or small-scale commercial area located immediately outside of and physically and socio -economically associated with an urban area, municipality or a city. SYSTEM IMPROVEMENT means an improvement to a public road planned and scheduled on the Pitkin County 20 -Year Road Improvement Plan. TEMPORARY LAND USES AND ACTIVITIES means a use that is established for a limited duration of time with the intent to discontinue the use at the end of that time period so the use does not become a permanent land use or activity. By way of example, temporary land uses and activities: A May be required during the construction phase of development (such as a construction trailer); or B May be uniquely seasonal in nature (such as a farm stand holiday tree stand or farmer's market). Filming of a movie television show, commercial or promotional spot and still photo shoots are also considered to be temporary land uses and activities. Pitkin County Land Use Code CHAPTER 11 — DEFINITIONS 000006 July 2006 Page 49 -------------- •, ., Pitkin County Land Use Code CHAPTER 11 — DEFINITIONS 000006 July 2006 Page 49 Chapter 11 Definitions .. �)-rjrrxqffl7q�rwrm structures are commonly associated with Special Events and/or Temporary Land Uses and Activites. THREATENED SPECIES means those species designated by the federal government or the State of Colorado as being any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, as that definition may be amended by federal government laws or regulations from time to time. TIMER means a mechanism that activates the light source at dusk and turns it off at a selected time several hours later, well before dawn. TIMESHARE means "interval estate," "timeshare estate," "timespan estate," and also includes those other terms as defined in C.R.S. 38-33-110, as such may be amended from time to time. TIMESHARE DISCLOSURE STATEMENT means a written, swom statement described as required by the timesharing regulations of this Land Use Code. TIMESHARE/FRACTIONAL OWNERSHIP means a contractual or membership right of occupancy (that cannot be terminated at the will of the owner) for life or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or specific or nonspecific segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the property has been divided. TOURIST ACCOMMODATION means hotel, motel, lodge, or any building primarily used or intended to be used for the purpose of providing overnight lodging facilities on a short-term basis to the general public for compensation, with or without meals, and that has common facilities for reservation and cleaning services, combined utilities and on-site management. TOURIST ACCOMMODATION UNIT means any unit intended to be occupied principally by visitors to Pitkin County, located in a facility that offers customary on-site management and operation services for visitors. This use shall include units found in a lodge, 00000-1 Pitkin County Land Use Code CHAPTER 11 —DEFINITIONS July 2006 Page 50 structures are commonly associated with Special Events and/or Temporary Land Uses and Activites. THREATENED SPECIES means those species designated by the federal government or the State of Colorado as being any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, as that definition may be amended by federal government laws or regulations from time to time. TIMER means a mechanism that activates the light source at dusk and turns it off at a selected time several hours later, well before dawn. TIMESHARE means "interval estate," "timeshare estate," "timespan estate," and also includes those other terms as defined in C.R.S. 38-33-110, as such may be amended from time to time. TIMESHARE DISCLOSURE STATEMENT means a written, swom statement described as required by the timesharing regulations of this Land Use Code. TIMESHARE/FRACTIONAL OWNERSHIP means a contractual or membership right of occupancy (that cannot be terminated at the will of the owner) for life or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or specific or nonspecific segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the property has been divided. TOURIST ACCOMMODATION means hotel, motel, lodge, or any building primarily used or intended to be used for the purpose of providing overnight lodging facilities on a short-term basis to the general public for compensation, with or without meals, and that has common facilities for reservation and cleaning services, combined utilities and on-site management. TOURIST ACCOMMODATION UNIT means any unit intended to be occupied principally by visitors to Pitkin County, located in a facility that offers customary on-site management and operation services for visitors. This use shall include units found in a lodge, 00000-1 Pitkin County Land Use Code CHAPTER 11 —DEFINITIONS July 2006 Page 50 Chnpier 2 Review and Approval Procedures A�TACHMEMT 6 Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES July 2006 Page 41 000003 Public - Pre -App. - Review;;Decision. Making; an-d'Appeal Autfiority Lapsing+ Land Use Code Section once Required <>=Public Hearin ,Re uired. _ - K._.:W-.�.w Staff' ABRC HO' RHPC A� P&Z BOCC ��i Special Review for Commercial Recreational Use on Pitkin County Open Space andone ✓ D A unless stat 'trails property or on County -owned in approval property or roads if below thresholds established in Sec. 4-30.400(3)(a) Subdivision Exemption --------- -- ----------- ----------- ------------- ----- ----- ----' ----------- Lot Line Adlustmenls -------- ------------ p ---- -'---------- ------------ '---------....---- ----- A ---...- i None -'-------------- _ Minor Plat Amendments I/D A None Temperary Commercial Uses 4peeial Gvents B A . Temporary Land Use and Activities ✓ D A 1 year Special Events ✓ D A I year Transfer of Development Right (See also Sec. 2-40-301 ------------------- --- ------- ----------- ---- ------------ ------------ -------------- ----- ----- -------- --------------- Issuance of TDR Certificate ✓ D A None _ for Sale from Sending Sites .......... ........ ;e of TDR Certificate for Additional Floor Area on a Lot/Parcel within the Aspen ✓ D p None Urban — .. Gro.mh_Bouodary----------- -------- Use of -1-DR Certificate for Additional Floor rea on a Lot in a Subdivision in the Rural ✓ D A None Area listed in Sec. 6-30-50(b) 2 (a Water Crossin or Diversion ✓ D A one • ✓ R 2-30-30 <D> None )esignation to or Delisting from Historic N,P,M Register ctivity Envelope and Site Plan Review for P M ✓ R <D> 10 years Stream Restoration Projects Extension/ ✓ R D Reinstatement of Vested Rights GMQS Exemption for .. _.._._... ...I ... ............ .......... .............................._ ..... ----- _ '------ None --- ----......... One Additional Dwelling Unit on a Property Designated to the Historic N,P,M ✓ R <D> None ___-_--_-------Re ister g.— One Additional Dwelling Unit on a Property Designated to the Historic Register 'here the Historic Structure has been or is N,P,M ✓ R <D> None ,roposed to be Relocated or Exemption is imposed to be Transferred to a Different Parcel — — — -- — ........... ............. ........ Change inUse of Historic Structure ........ P,M - .V........-- ------------ R ---- ----------- ------------ ------------- -------------- ---- ----- <D> <D> -------- one e --------------- Civie or Institutional Use Civ ,P,M ✓ R <D> None Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES July 2006 Page 41 000003 Chapier 2 Review and Approval Procedures Land Use Code Section Pu61ic Pre=App. Revtew;;Dectston;6lakmg, ag Appeal Authority La sin , 'Notice Required <> PobliOicaiihp Required Sta ABRC HO RHf?G. BA, O,' P&L BOC -0 One Single Family Dwelling on N,P,M I,/ R <D> None 500• Acre Parcel Historic Incentives for llistoric Register N,P;M R <D> None Properties Location and Extent Review 1 ,M ✓ R <D> None M, lajor Amendment to Development Permit or D = Original Same as Approv Approval Where Original Approval Was N,P,M ✓ R Decision -Making or Permit Not Body Amended Administrative Review (Except for Plats Non -Conforming Use or Structure, Restoration or Expansion with Minor N,P,M ✓ R <I> I year Building Modifications Road and Easement Vacations N,P,M ✓ R <D> None Special Review Uses None unless stat See also Sec. 4-20 Use Table and Sec. 2- N,P,M ✓ R <D> in approval 40-20 Special Events Venue NPM ✓ R <D> I year Special Review for Commercial Recreational Use on Pitkin County Open Space and None unless stat Trails in approval ,roperty or on County -owned property or roads If below thresholds established in N,P,M ✓ R <D> A Sec_ 4.30-00 (4)(?)(b) - If above thresholds established in N,P,M ✓ R <D> Sec.4-3040(g)(3)(c Subdivision Exemption for ------------- — Fully Developed Lands N,P,M ✓ R .......... ... ----------------- <D> A --- _ None -------------- — New Lots in VC and VR Zone Districts ........t-- - ,PM ------ ✓ ------------ ........ R .... ....... ..............._....... .. —... <D> A None ......................... heels for Community and Public Facilities and N,P,M ✓ R <D> None O en S ace P p — -- Separation of Platted Sub -Standard Size Lots N,P,M ✓ R <D> A None (See also Sec. 9-20-030) Determined Takings Determination ✓ R D by remedy lapprovedl Transfer of Development Rights (Sec Sec _2-40.30 ------.. --- — -- ----- -------- mance of TDR Certificate for Constrained N,P,M ✓ R <D> None Site ' For example, if an activity envelope is approved to remedy a takings, the approval will expire after 10 years. Pitkin County Land Use Code July 2006 CHAPTER 2- REVIEN'AND APPROVAL PROCEDURES Page 42 Chapter 2 Review and Approval Procedures A temporary use permit may be approved if it complies with the standards of Sec. 4-30-50(b). (10) Signs A permit for a sign may be approved if it complies with the standards of Sec. 7-60. (11) Temporary Land Uses and Activities• An application for Temporary Land Uses and Activities may be exempted if it complies with the standards of Sec 4-30-50 (b)If not exempted a permit is required. (12) Special Event • h thestandafds�fSee. n 30 50(i) An application for a Special Event may be approved if it complies with the standards of Sec. 4- 30-50 (J). (13) Demolition Extensions A person seeking to replace a legally established structure pursuant to Sec. 6-30-110 may delay the demolition of the existing structure in order to continue a business or maintain a residence during the construction of the replacement structure subject to compliance with the standards in this section. (a) The applicant shall execute a guarantee in a form acceptable to the County Attorney insuring the demolition and removal of the existing structure and restoration of the site prior to the issuance of a certificate of occupancy for the replacement structure. (b) In the case of existing residences, the applicant shall agree not to request approval to maintain the residence as a caretaker dwelling unit or an employee dwelling unit, unless the site and existing unit meets the standards in Secs. 6-30-40(c) or (d). (14) Certificate of No Effect for Property on Historic Register Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES page 49 July 2006 000010 Chapter 2 Review and Approval Procedures for delisting may not be filed again for a period of two (2) years from the date of denial by the Board of County Commissioners. (10) Location and Extent Review (a) The purpose of the location and extent review is to determine whether any proposed road, park, or other public way, ground, or space, or public building or structure or public utility, whether publicly or privately owned is in conformance with the applicable County Comprehensive Plan or Master Plan. (b) The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, or sale or lease of or acquisition of land for any road, park, or other public way, ground, place, property, or structure, shall be subject to similar submission and approval. (c) A location and extent review may be undertaken concurrently with any other applicable County review process. (d) In the case of disapproval by the Planning and Zoning Commission of a location and extent review the Commission shall communicate its reasons to the governing body or official having jurisdiction for the proposed project. (11) Special Event Venue An application for a Special Event Venue may be approved if it complies with the standards of Sec. 4-50-050(i). (i) Vested Right The One -Step Review process will result in the creation of a vested right pursuant to Sec. 2-20-170 in the following situations only: (1) When an application for approval of an Activity Envelope or Site Plan is decided by the Hearing Officer, because the Community Development Director has referred the application pursuant to Sec. 2-30-20(i); (2) When an application for approval of an Activity Envelope or Site Plan is decided by the Hearing Officer because the application is intended to result in a vested property right pursuant to Sec. 2-20-170, (3) When the application is for a major amendment to a Site Specific Development Plan (as it was defined before the 5th of July, 2006) approved prior to the 5th of July, 2006; (4) When the application is for a major amendment to a Site Specific Development Plan pursuant to Sec. 2-20-150 after issuance of a development permit and after the 5th of July, 2006. Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES July 2006 Page 59 000011 ATTACHMENT C , Chapter 4 — Pertnitled Uses Pitkin County Land Use Code CHAPTER 4 —PERMITTED USES 000012 July 2006 Page 10 Intended for Rural Areas IntendedtorrUrba�'n Ames ,�'••' ;;�= Eitli NS TABLE 4-1: Pemritted Uses Urban /Suburban Rende'nunl)� '� Busin�RlSPIeeiul Rural Districts - ' - ` Dtstriell�,._,,,-_.._.. I!Urpusc RS RR RS RS Ll 1R- TR- RS A A " S B Rte' R;'' R VRI MH AH{ Allf = I I 2 - R R G G 35" 35 30 - - f 1 i ��1 6j ;; P' 2 Use -Specific Use Calegor/ Use Type 0 20' 2 10 2 - R. � ISA 15,5 jij Uf' U7; Regulations$ C LJ Commercial Automobile Service Station JA IS 64-30-040(c--]) Vehicle and Aircraft Sales and Service (formerly Vehicle S M and Aircraft Related Busine55) Other Principal Uses Cellular Telephone Facility_ S is S I is S S S S M S S M S §4-30-040(g) Junk Yard S S S 64-30-010(m) Radio or TV Transmitting S S S S S S S M S S S S S S S S S S M §4-30-040(r) Station §4.80-50(5) &§ 4 - Solar Farms Solar S S S S s S S S S M S S S S S S S S S S S S Use by Federal Perron (formerly Uses, Activities & S S S S S S M S Facilities Permitted by S S S S S S S S h1 S S— 5 S Special Use Permit Issued by Federal A encv) I I Accessory Structures with A A A I A A §4-30-050(a) Bathin Facilit y A A A A A A M A §4-30-050(6) Agricultural Stand JA A JA JA JA A M A Ars and Crafts Studio, A A A A A A A A A A A A A A A A A A A M A Accessory Cellular S S S 5 S S S S S S S S 5 §4-30-050(c) Tcic one Antennae. Bus StopA A A A A A A S A A A A A A A A A CampingArea A A A M 64-30-050(d Caretaker Dwelling Unit S S S S S S S S S S JA S M S 4-30-050(e) Club House or Recreational S S S S S M S S S S S BuildinDay Care Ilea e A A A A A M A A A A A A A A Em to ee DwellinUnit S S S. S S S S S S M S IIonic Occupation A A A A A A A A A A A A A A A A A A A M A 64-30-050(0 Horse Boardin . Accesso ' A A A A S A A A A A A M A $4-30-050( ) Satellite Reception Device 5 A A A S 5 A A A M A A A A M A 64-30-050(h Solar Ener Collector A A A A A A A A A A M A A A A A A A A A A Ground Mounted Solar S S S S S - S S S M S §4-30-050(hy)(5) EnergyCollectorGreaterthan S S S S S S S S S S M S S 12' in I Ici t Temimrary Land Usc and A =s A A A A A A A A M A A A A A A A A A A M A W-30-050(6) mereia{-Use A A A A A A A A A A M A A A A A A A A A A M A V-30-030fa Trail A A A A A A A A A A M A A A A A A A A A A M A Nater Crossin or Diversion S S S S S S S S S S M S S' S S S S S S S S M S Wind Powered Electric S S S S S S S M S M §4-30-0506) Generator Micro Hydro Electric Energy S S S S S S S S S S S S S S S S S S S S S S S §4-30-050(k) System Snow StoragelDumping S S S 5 S S S 5 S S S S S S S S S S S S S S §4-30-050(1) Tracking SMcial Events A A A A A A A A A A M1 A A A A A A A A A A M A 54- 50 i Special Events Venue S S M1 S S ITE , $ §4-30-050(i) Pitkin County Land Use Code CHAPTER 4 —PERMITTED USES 000012 July 2006 Page 10 No partition of any common interest community or timeshare interest shall be permitted. The filing of any legal partition action shall be considered an evasion of the Pitkin County subdivision requirements. (9) Growth Management Allocations Required to Create New Structures, Dwelling Units or Timeshare Interests Any additional structures or dwelling units in a common interest community shall require growth management allocations or exemptions pursuant to Secs. 6-60 and 6-30-150. (10) Additional Timeshares Require Growth Management Allocations or Exemptions. The creation of any additional timeshare interests shall require growth management allocations pursuant to See. 6-60. (y) Vehicle and Aircraft Sales and Service (1) A gas station or accessory service facility shall not exceed a total land area of thirty-two thousand (32,000) square feet. (2) Aircraft service and sales shall only be permitted in the P -I zone district. 4-30-50: ACCESSORY AND TEMPORARY USES (a) Accessory Structure with Bathing Facility (1) Must be located on lots or parcels that contain at least thirty-five (35) acres. (2) Must record a deed restriction approved by the County Attorney ensuring only one (1) dwelling unit exists on the parcel. (3) One (1) structure on the parcel shall be designated "principal' for height measurement purposes. (4) For purposes of calculating Road Impact Fees each of the structures containing bathing facilities shall be considered a separate dwelling unit and will be assessed the appropriate fee based on the size of the structure. Floor area of other residential structures, not containing bathing facilities, will be treated as if attached to one (1) of the structures with bathing facilities. For the purpose of calculating development exactions or impact fees based on aggregate floor area or square footage rather than Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 67 000013 on a per unit basis, the aggregate of all residential floor area or square footage on the parcel will be cumulated and will be used for calculating fees. Sec 4-30-50 (b)Use Specific Standards for Temporary Land Uses and Activities. *Comment. Section 4-30-50 (b).currently contains just the standards for agricultural stands. This section would be re -named so it addresses the standards for all temporary uses and activities. Section (b) (1) would contain the current standards for agricultural stands. Section (b) (2) would contain the current standards for Motion Picture Filming and Photo Shoots, which previously were found in Sec. 4-30-50 (j). Section (b) (3) would contain the current standards for other types of temporary land uses and activities, which previously were found in Sec. 2-30-10 (g) (11). (b) (1) Agricultural Stand Vendors are permitted to sell Colorado -grown agricultural or farm products subject to compliance with the standards in this section and approval of a Temporary Land Use and Activities Permit under Sec. 2-30-20. (a) The vendor shall have the permission of the owner of the property for use of the site for vending purposes. (b) The vending stand or vehicle is adequately set back from the adjacent road, does not block any required access to or egress from the site, does not disrupt vehicular or pedestrian circulation in the surrounding area, and does not cause a traffic hazard or safety problem. In addition, an off-road parking area of sufficient size shall be provided to accommodate the anticipated number of customers. (c) The temporary structure, if any, complies with applicable adopted building codes and other County regulations. (d) Not more than two (2) vendors may be allocated a permit for any single location. (e) Temporary use permits for agricultural products shall not exceed a period of five (f) months. (g) Stand operators may receive an unlimited number of development permits; however when more than two (2) operators wish to use a given location during the same time period, preference shall be given to new permit applicants in the order in which they apply. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 68 000014 (h) Identification signs must comply with the sign standards in Sec. 7-60-50. promotional spot or to conduct a still photo shoot if the following standards are met: (a) At least five (5) working days prior to the production the applicant shall e- mail to the Community Development Department a brief description of the nature of the production including dates times and locations. If the standards of this Sec 4-30-50 (b) (2) can be met, the Community Development Director will issue an acknowledgement of the applicant's e-mail and the production may proceed If these standards cannot be met, (b) The production shall be limited to no more than five (5) vehicles and a total of fifteen (15) people including the actors/models and crew. (c) All staging for the production including but not limited to, the equipment, actors/models crew, vehicles and trailers shall be located on private . propeM. (d) There shall be no off-site imus from the production. (e) There shall be no parking on public roads for the production. A minimum of sixteen feet (16') of emergency access shall be maintained on private roads at all times. (f) The applicant shall obtain all necessary federallstate permits and shall comply with the Pitkin County Code and applicable state and federal regulations. (el Outdoor filming/photography shall last for no more than three (3) days and shall only occur between the hours of 7.00 AM to 7:00 PM or one (l) hour after sunset, whichever is later. These limits include the time necessary for set-up and take-down of the production Indoor filming/photography shall not be subiect to these time limits. (h) The applicant may be required to provide proof of general liability insurance for the duration of the production with Pitkin County being named as an additionally insured with two million dollars ($2,000,000) aggregate coverage and one- million dollars ($1,000,000) coverage for each Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 69 000015 occurrence or provide a waiver of insurance approved by the County Attorney. (i) The applicant shall comply with the following noise standards: 7:00 AM to 7:00 PM: 65 dB(A); and 7:00 PM to 7:00 AM: 55 dB(A). 3) A helicopter shall not be used for filming unless the permit application has been referred to the Board of County Commissioners, which may authorize the use of helicopters at their discretion considering the following: (a) Whether the use of a helicopter will result in a clear and demonstrable marketing benefit to the community; (b) The helicopter will be used for a live broadcast; (c) The applicant shall demonstrate that the helicopter will not cause detrimental impacts to wildlife; and (d) Safety concerns shall be adequately addressed. - • - - . .. .. Pitldn County land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 70 000016 Chapter 4 - Permitted Uses application to a public hearing before the Planning and Zoning Commission. Pitkin County land Use Code CHAPTER 4 - PERMITTED USES O1,U1(1o1 "r 1u1y2006 Page 76 Y. Y.- .. .. :... :' :•' :: ..' Pitkin County land Use Code CHAPTER 4 - PERMITTED USES O1,U1(1o1 "r 1u1y2006 Page 76 Chapter 4 - Permitted Uses (i) Special Events Purposes. These standards are intended to govern the time, place and manner in which special events may be conducted on county roads, county property or private property These standards are necessary to ensure that an event's demands for health fire police transportation and other public facilities and services do not exceed the level of service that is normally provided in that area of the county and that the event does not create undesirable impacts on the residents of that area of the county. Specifically, the_purposes of these standards are to ensure that special events ensuring the structural inte ri and safety of temporary facilities and requiring appropriate guarantees for site cleanup and restoration; (b) Are reasonably suitable for the neiebborhood, considerin¢ the duration and intensity of the proposed special event and will minimize any significant impacts of the event on surrounding landowners, residents and businesses: and (c) Do not create public disturbances or become public nuisances, endanger life health or public safety, disrupt traffic or threaten or damage public or private property. (d) These standards are also intended to ensure that the organizers and sponsors of special events coordinate with governmental agencies and neighbors well in advance of the date the event will be held and accommodate the requirements of those agencies and the concerns of neighbors in planning for and conducting the event. Pitkin County Land Use Code CHAPTER 4 -PERMITTED USES July 2006 Page 77 UQl1��G7 _ a ------------- (i) Special Events Purposes. These standards are intended to govern the time, place and manner in which special events may be conducted on county roads, county property or private property These standards are necessary to ensure that an event's demands for health fire police transportation and other public facilities and services do not exceed the level of service that is normally provided in that area of the county and that the event does not create undesirable impacts on the residents of that area of the county. Specifically, the_purposes of these standards are to ensure that special events ensuring the structural inte ri and safety of temporary facilities and requiring appropriate guarantees for site cleanup and restoration; (b) Are reasonably suitable for the neiebborhood, considerin¢ the duration and intensity of the proposed special event and will minimize any significant impacts of the event on surrounding landowners, residents and businesses: and (c) Do not create public disturbances or become public nuisances, endanger life health or public safety, disrupt traffic or threaten or damage public or private property. (d) These standards are also intended to ensure that the organizers and sponsors of special events coordinate with governmental agencies and neighbors well in advance of the date the event will be held and accommodate the requirements of those agencies and the concerns of neighbors in planning for and conducting the event. Pitkin County Land Use Code CHAPTER 4 -PERMITTED USES July 2006 Page 77 UQl1��G7 Chapter 4 — Permitted Uses (2) Applicability/Permit Required (a) These standards shall apply to any special event proposed to occur on public or privaterp_operty in those zone districts listed in Table 4-1 as the locations where special events are allowed uses or master plan uses. (1) A private and/or non-commercial special event that takes place within the Aspen or Basalt Urban Growth Boundary or within the Rural Area of Pitkin County (except for the Rural and Remote IRRI zone district) on private property that is owned or leased by the person or persons who are having the special event is exempt from the requirement to obtain a special events permit (2) A private and/or non-commercial special event that takes place within the Aspen or Basalt Urban Growth Boundary or within the Rural Area of Pitkin County (except for the Rural and Remote [RRI zone district) on private property that is not owned or leased by the person or persons who are havin the he special event is also exempt from the requirement to obtain a special events permit but the event shall be considered a special event for purposes of determining whether the subiectrp opetty meets the definition of a Special Events Venue (3) A ovate and/or non-commercial special event that takes place within the Rural and Remote (RR) zone district shall be classified as requiring no permit a minor permit or a major permit pursuant to sub -section (d) below. (b) Conduct of a special event shall require a special event permit which shall be obtained from the Community Development Department the Community Development Director to approve approve with conditions or deny the application as specified in Sec. 2-30-20 (f) or to refer the application to a higher body, as specified in Sec. 2-30-20 (i) (d) An application for a Sial Event in the Rural and Remote (RR) Zone District may be classified by the Community Development Director applicable as a guide in determining how to classify the special event application. The Director is also authorized to utilize his or her administrative discretion and professional judgment in making this determination. Pitkin County land Use Code CHAPTER 4 -PERMITTED USES 000019 July z006 Page 78 Chapter 4 - Permitted Uses (e) An application that is classified as a major event shall require the County's Special Events Committee to convene to review the permit rcquest The applicant shall be invited to appear before said Committee when it conducts that review. (f) If a special event is anticipated to occur annually, or on a periodic basis the applicant may request a multiple -event special event permit which may authorize the special event for up to three (3) years Multiple -event special event permits shall require the applicant to notify the Community Development Department at least ninety (90) days prior to each event to identify the date and location of the event and any changes in the nature size or activities to be conducted since the preceding event covered by the permit If proof of insurance coverage was required Community Development Department determines that the changes in the event were not anticipated or covered by the existing permit, and could previous approval(s) the permit may be revoked and/or the Department may require that the applicant apply for and receive a new special events permit or modify the event to avoid the unanticipated adverse impacts. (3) Review Standards The following standards provide an overall checklist for the applicant and County staff to use in preparing and reviewing a permit application The County staff is hereby authorized to determine which of these r (a) Water Supply. The applicant shall provide an adequate and safe supply of potable water that complies with the requirements set forth by the Colorado Department of Public Health and Environment and the County Environmental Health Department. (b) Sewage Disposal/Toilets The applicant shall provide an adequate immediately following the conclusion of the event. (c) Solid W a s t e /Recycling. The applicant shall present to the of trash receptacles and recycling receptacles that will be provided and the location of said receptacles Provision shall be made to ensure receptacles are emptied when they become full outdoor trash receptacles and any on- site dumpsters used to collect trash shall have a latching mechanism Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES 000020 July2006 Page 79 Chapter 4 — Permitted Uses medical emergencies and crowd control. The plan shall address the following elements: (i) First aid and other emergency services shall be provided on- site The number of certified medical providers that shall be on- site and the required types of standby equipment that shall be available shall be determined by the Fire Marshal and the Sheriff. If necessary, an enclosed medical treatment structure shall be provided. (ii) Adequate infrastructure, as determined by the Sheriff, shall be provided on-site to allow for emergency communications with hospital, police and fire services. (iii) Adequate private security personnel as determined by the Sheriff, shall be provided for crowd and traffic control at the event The Sheriff shall have the authority to require that law enforcement personnel be on-site at the applicant's expense to monitor crowd control and to regulate traffic. The Sheriff may require that a crowd control fence enclosing the site, with gates that allow for emergency access/egress, be provided. (iv) The event (including structures, access, etc) shall comply with all applicable building codes and fire district safety codes. Any fireworks displays or temporary tents shall require a permit issued by the appropriate County agency. All electrical cables, wires and equipment shall be covered concealed, secured and/or located in such a manner that event participants will not be placed at risk. (e) Parking The applicant shall provide a plan for on- or off-site parking facilities for the event There shall be no parking permitted on County roads. (i) Shuttle service shall be provided before during and after the event whenever off-site parking is proposed Event organizers should provide advance notice encouragingevent vent participants and event workers/volunteers to carpool to the event. The applicant shall demonstrate to the Community Development Director that the access roads between the site and the parking area are capable of handling the shuttles without adversely impacting the neighborhood. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES Iuly.2006 Page 80 000021 Chapter 4 - Permitted Uses (ii) The narking area shall offer a sufficient number of parking spaces to accommodate the maximum number of attendees anticipated at the event The applicant shall demonstrate to the Community Development Director that an appropriate number of entrance and exit locations will be provided and that those entries and exits offer adequate sight distances Safe and efficient circulation routes shall be provided within the parking area Signs may be allowed to direct participants to parking and other features of the event. . (f) Traffic Control The applicant shall provide a plan showing access routes to be used for the event signs that will be used to direct traffic and whether persons will be employed to monitor and direct traffic at all points of ingress and egress and at other points around the event. Plans and routes to safely accommodate pedestrians shall also be provided. (i) The applicant may need to have tow trucks available on an "on-call" basis to remove vehicles that have parked illegally on County roads. (ii) Requests for full or partial closures of County roads shall be at the sole discretion of the Board of County Commissioners. (iii) The applicant may be required to post signs hand out fliers door-to-door or take out an ad in a local newspaper or radio if traffic is expected to significantly impact the residents of the area. (g) Noise The event shall comply with all applicable County noise standards Noise that is incompatible with the surrounding area shall be prohibited No exterior amplifiers speakers or similar equipment shall be permitted outside of the temporary buildings structures or tents on the site unless specifically authorized by the permit. (h) Lighting Lighting sources shall be shielded and directed inward downward and away from adjacent properties to the maximum extent primary circulation routes shall be adequately illuminated to provide for safety of participants and safe egress from the site. 2ar'L9 Ua%e parking areas and circulation routes at least twice a day so as to mitigate dust The applicant shall also ensure there is adequate dust control during site setup and teardown including controlling dust on any unpaved routes event personnel will use to access the site. Pitkin County land Use Code CHAPTER 4 - PERMITTED USES 000022 July 2006 Page 81 Chapter 4 — Permitted Uses (j) Time Limitations. (i) The special event permit shall specify the hours of operation for the event and shall specify the number of days a special event may be conducted. (ii) Set-up for an event in the Rural and Remote (RR) zone district shall not be initiated more than 48 hours prior to the time the event is scheduled to begin and shall have no more than 48 hours to deconstruct the event. Other locations shall be initiated in conformance with the time limitations set forth in the permit for the event. (iii) Any temporary structures that were erected shall be removed from the property within 24 hours after the conclusion of the special event unless the permit specifies a more or less restrictive time limit. (k) Food and Liquor Service If food and beverages, including liquor, will be sold or given to participants then food service and liquor licenses shall be obtained as required by the Colorado Department of Public Health and Environment and the Board of County Commissioners, respectively. The applicant shall coordinate with the Environmental Health Department if there is to be food service at the event and is responsible for satisfying all applicable health code and sanitation requirements. (1) Insurance and Indemnification The applicant may be required to provide proof of general liability insurance for the duration of the event as determined by the Community Development Director. shall have obtained a temporary or final certificate of occupancy from the Chief Building Official. (n) Site Restoration The grounds shall be maintained each day of an event The applicant shall submit an irrevocable letter of credit, bond, damage/cleanup deposit or other cash guarantee, in an amount to be determined by the County. The guarantee shall cover site Brading, restoration removal of structures and cleanuRto ensure the site is restored to its former condition and any damages are repaired. (o) Master Plan The proposed special event shall be consistent with the applicable County Master Plan 0.00023 Pit nCo my Land Use Code CHAPTER 4 -PERMITTED USES Page 82 Chapter 4 — Permitted Uses (q) Specific Standards for the Rural and Remote (RR) Zone District. Within the Rural and Remote (RR) Zone District tent structures shall not exceed 1,000 square feet in size and no more than 200 people shall congregate at an event However, more than 200 people may attend an event that passes through the Rural and Remote (RR) Zone District such as an athletic race or similar lupe of event A Special Events Venue is a prohibited use in the Rural and Remote (RR) zone district so more than 3 events at a site per calendar year are not permitted. (5) Additional Standards Applicable to Particular Areas of the County *Comment. • Reserved pending input from County Caucuses. (6) Violations and Penalties (a) Chapter 10 of the Land Use Code sets forth Pitkin County's procedures to address violations of land use approvals and the penalties that may be applied when enforcing the Code The County staff is hereby authorized to apply those procedures and penalties to the enforcement of violations of a special cvents permit. 000024 Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES Page 83 July 2006 Chapter 4 — Permitted Uses *Comment: Table I is added TABLE 1 SPECIAL EVENTS THRESHOLDS RURAL AND REMOTE ZONE DISTRICT RR Characteristics (see note 1 below) Permit Is Not Re uired Minor Event Permit Maior Event Permit Is Reaaired Is Required Number of Attendees 50 or fewer. More than 50 but not More than 100 but not to exceed 100. to exceed 200. Frequency of Event (# 1 2 or 3 Not allowed (see note 4 below). of times per calendar ear Duration of Event a 1 More thanl day Size of Proposed Structures/Tents Up to 400 so. ft. More than 400 sq. ft. Structures/tents shall but less than 1,000 sg. not exceed 1,000 sq. ft. ft. Live Amplified Music Within a permanent Within a temporary building or tent or outside. building. Fireworks Not permitted in the Rural and Remote zone district Helicopters None None for more Notes: 1 An application for a special event shall be classified by the Community Development Director as requiring no permit , a minor permit or a maior permit using the criteria in this table as a guide in making this determination The Director is authorized to utilize his or her administrative discretion and professional iudgment in classifying the application. 2 If an event has any single characteristic that would place it into the next higher permit category_ then it may be classified as requiring that type of permit So for example an event that does not require a permit due to its number of attendees and single day duration but which would erect more than 400 sa ftin structures/tents could be classified as one which requires a minor event permit. 3 No more than 200 persons shall congregate for an event in the Rural and Remote (RR) Zone District However, more than 200 people may attend an event that passes through the Rural and Remote (RR) Zone District such as an athletic race or similar type of event. 4 if more than 3 special events are planned to occur at a site or in a building within a calendar year, then the site or building must receive special review approval as a "Special Events Venue" to authorize that frequency of events However, SpecialEvents Venue is a prohibited use in the Rural and Remote (RR) zone district so more than 3 events at a site per calendar year are not ermitted. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES july2006 Page 84 000025 Chapter 4 - Permitted Uses Sec 4-30-50 (i) Use Specific Standards for Special Events Venue *Comment: This would be a new section providing standards for this new type of use. (1) An applicant for a special events venue shall provide a plan for the proposed use describing the site on which the use would occur and how the venue would be operated. The plan shall at a minimum describe the following aspects of the proposed use: (a) Whether events would occur indoors within a permanent structure, in temporarytent-like structures outdoors or some combination of these approaches The applicant shall describe whether any new structures will be built or existing structures will be expanded and provide drawings illustrating any such structures. (b) The number of events anticipated per calendar year, including the number of times per week or month that the venue would be operated The times of day when events would take place shall also be specified The maximum number of attendees at events shall be stated. (c) Whether employees will be hired to provide support services to the venue or if those services will be provided under contract by other businesses. (d) The plan shall also provide responses to the applicable review standards_for special events that are listed in Sec 4-30-50 (i) This shall include describing how the venue will provide an adequate water supply, properly disposal of sewage and solid waste provide parking ensure there is a safe environment for conduct of events at the venue and control impacts such as traffic noise lighting, dust and similar matters. (2) The applicant for a special event venue shall demonstrate that the proposal complies with the standards for special review uses listed in Sec 2-30-30 (h) (2). Public noticing is required as described in Chapter 2, Table 2-1 (a) In its consideration of the standards for special review uses, the Board shall give particular consideration to the proximity of the proposed venue to surrounding residential areas and whether events that are proposed to occur at the venue would be consistent with the character of the neighborhood or would be disruptive to neighbors This shall take into account whether the venue has a permanent structure in which events would take place, and the extent to which events would occur outside or in temporary, tent -like structures. If temporary structures are to be erected the applicant shall describe for how long those structures are expected to stand This shall also consider whether the proposed events would have amplified music fireworks or similarly impactful activities that occur outside. Pitkin County land Use Code CHAPTER4-PERMITTED USES 00Qo2 Iuly2006 I Page 85 Chapter 4 - Permitted Uses Consideration shall also be given to the frequency of the events planned for the venue and the time of day when events would be scheduled. structure or site as a special events venue would be consistent or inconsistent with the representations made and the conditions imposed on those prior approvals. that outlines the operation for [he year This outline shall include information about revoke the Special Review approval at this public hearing *This section will be moved to 4-30-50 (b) but is shown here to be deleted ! Y. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 86 000027 OR W ! Y. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 86 000027 Chapter 4 - Permitted Uses _ __ . . _ .. •.�s -- - - �� 0) Wind Powered Electric Generator (1) Only wind powered generators with a rated capacity of less than two hundred fifty (250) kilowatts are permitted as accessory uses. Wind powered generators with higher rated capacities are only permitted as a major public facility. (2) A maximum of one (1) small wind powered electric generator may be accessory to a residential or non-residential use. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 87 000023 n*r,rnnuaneni4 n