HomeMy WebLinkAboutbocc.ord.039.2003AN ORDINANCE OF THE BOARD OF COUNTY CO~SSIONERS OF PITKIN
COUNTY, COLORADO, AMENDING THE FOLLOWING SECTIONS OF THE PITKIN
COUNTY LAND USE CODE: 3-40-190, PUBLIC (PUB) ZONE DISTRICT; AND 8-01,
DEFINITIONS TO ADD A DEFINITION EOR "WIND POWERED ELECTRIC
GENERATOR"
ORDINANCE NO, ~-2003
RECITALS
1. Sustainable Settings Inc. ("Applicant") has applied to the Board of County Commissioners of Pitkin
County, Colorado ("BOCC") to amend the Public zone district to correct inconsistencies and to add new
USES.
2. The Pitkin County Planning and Zoning Commission considered the propo}ed code amendments at
regularly scheduled meetings on August 5 and September 2, 2003, and recommended approval by a vote of
3-1.
3. The BOCC considered the proposed code amendments at a duly noticed public hearing on first reading
on October 22, 2003, and voted to approve the proposed amendments on second reading on December 17,
2003.
4. The BOCC finds that the proposed code amendments are consistent with the applicable provisions of
the Code.
NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title 1I of the
Pitkin County Code, the Land Use Code, as follows in Attachment A.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 11 th day of
October, 2003.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 22nd day of October,
2003.
APPROVED AND ADOPTED AFTER SECOND READING on the 17th day of December,
2003. /~
PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the/? ~day of ,
2003.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
Ordinance No. /_~-2003
Page 2
Jones ~ BOCC
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By )ack Hatfi~
Date
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
Community Development Director
~ ~ 16
P07~-0~;2463272000
ATTACHMENT A
Amendments to Land Use Code Sections
I. REPEAL AND REENACT LAND USE CODE SECTION 3-40-190, PUBLIC (PUB) ZONE DISTRICT
3-40-190 PUB Public
A. Intent: The PUB (Public) district is intended to provide for the development of public
uses, facilities and services for governmental, civic, educational, humanitarian, health care
and other non-profit (as evidenced by Internal Revenue Service Code 501C3 status (1993)),
public purposes consistent with County land use plans and policies and to provide for
related uses which are customarily incidental or accessory to public uses. Development
activity in the zone should be based upon the adoption of a master plan.
B. Allowed Uses: The following uses are allowed as of right in the Public (PUB) Zone
District:
1. Accessory buildings and uses.
2_~ Animal production and husbandry services, and other farm and agricultural uses.
2-~3. Bus stop.
,g~4. Crop production.
4~5~ Farm buildings.
,5:.6. Home occupations.
6~7. Hospitals.
7-:8. Solar energy collectors (private use).
8:9. Trails.
C. Special Review Uses: The following uses are subject to special review and may be
permitted if found to be in support of allowed principal uses:
1. Agriculture stands.
2. Airport.
3. Amusement and entertainment establishments.
4~ Arts and crafts studios.
Caretaker dwe!!ing units.
Cemeteries.
Churches.
Club houses or recreational buildings used in connection with and accessory to a
permitted outdoor recreational use.
~9. Commercial automobile parking lots.
..~,10. Community health facilities.
~11. Day care centers.
~.-%12. Dormitory housing.
4~2~13. Duplex dwelling units.
4&l_4~_Equipment supplies and contraction or subcontraction.
:14~15. Essential government and public utility uses, facilities and services.
:1.~16. General services.
48:.17. Golf courses.
· -~18. Junk yards.
Ordinance No. ]~ff-2003
Attachment A - Page 2
~19.
49-:20.
2G21.
.2-2~23.
~.24.
24~25.
2&-26.
Logging.
Medical/dental clinics.
__Mineral exploration/mining concrete batch plants.
__Multi-family dwelling units.
Nursing, convalescent, rest, and retirement homes.
Offices.
Qutdoor recreational uses.
Parks~ playgrounds, playing fields.
_2~.27. Places for retailing of goods (structures and businesses limited to twelve
thousand (12,000) square feet of floor area per building).
27.28. Manufactured home.
· 28~29. Professional offiCes.
24~30. Radio transmitting station.
-,?,G. 31. Research facilities, indoors.
~1=32. Research facilities, other.
?,2.:33. Satellite reception devices.
;~,3~34. Schools/universities.
,?,4~35. Sewage disposal areas/landfills/Water ptants.
~,E~36. Single-family dwelling units of all sizes (transferable development rights are
required to exceed fifteen thousand (15,000) square feet of ,floor area).
g~C~37. Transferable development rights (TDRs).
~7~38. Uses, activities and facilities permitted by special use permit issued by Federal
agencies.
· 28~39. Vehicle and aircraft sales arid service.
39.40. Water crossing and diversion.
41. Wind powered e ectr c ,qenerators.
D. Prohibited' Uses: The following uses are prohibited in the Public (PUB) Zone District:
1. Alpine ski areas and support.
2~¢' ......... ~., ........ ~ ............. ~ ........, ................
8:.2. Commercial camping areas.
4:3. Commercial firewood splitting, storage and sales.
¢.~4. Commercial kennels and veterinary clinics.
6~5. Commercial riding stables.
.7-.-6. Employee dwelling units.
8~7. Financial institutions.
~8. Guest ranches.
10.9. Mobile homes.
4-%10. Motels, hotels, lodges.
12111. Nordic ski areas and support facilities.
4.&.12. Personal service outlets: food stores, drug stores, post office substation, self-
service laundries, dry cleaning outlets and liquor stores; the total space shall be limited
to eighty (80) square feet of gross leasable space per dwelling unit in the district.
14.13. Resort cabins.
-1.~14. Restaurants and bars.
48d5. Timesharing/fractional fees:
-'~.7:.-16. Uses not listed.
Ordinance No./~2003
Attachment A - Page 3
all
E. Dimensional Requirements: The following dimensional requirements shall apply to
permitted and special review uses in the Public (PUB) Zone District:
2.
3.
4.
5.
6.
7.
8.
9.
10.
Minimum lot area: special review.
Minimum lot area principal use: special review.
Minimum usable open space per dwelling unit: special review.
Minimum front yard setback: thirty feet (30').
Minimum side yard setback: ten feet (10').
Minimum rear yard setback: ten feet (10').
Minimum lot width: special review.
Maximum height principal structures: twenty-eight feet (28').
Maximum height accessory structures: twenty feet (20').
Maximum floor area ratio: .50. (Ord. 99-36 Att. B (part))
Il. ADO THE FOLLOWING DEFINITION TO LAND USE CODE SECTION 8-01
Wind powered electric ,generator means a machine by which mechanical enerqy supplied by
the wind is changed to electric energy