HomeMy WebLinkAboutbocc.ord.016.2004
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, AMENDING TITLE VIII OF THE PITKIN COUNTY CODE, THE
LAND USE CODE, BY REPEALING AND REENACTING SECTIONS 3-40-90, AFR-IO ZONE
DISTRICT; 3-40-110, RS-20 AND RS-30 ZONE DISTRICTS; 3-40-120, RS-160 ZONE DISTRICT
BY ADDING A SPECIAL REVIEW USE, ACCESSORY STRUCTURES WITH BATHING
FACILITIES
ORDINANCE NO.~-2004
RECITALS
I. Eric Oliphant initiated a Code Amendment to allow bathing facilities in accessory structures by
special review on lots exceeding 35 acres in the AFR-I 0, RS-20, RS-30, and RS-160 zone
districts
2. The Pitkin County Planning and Zoning Commission considered the proposed code amendment
and rezoning at a regularly scheduled meeting on February 3, 2004, and recommended approval
unanimously by a 4-0 vote.
3. The BOCC considered the proposed code amendment and rezoning at a public meeting and
public hearing on first reading on March 10,2004, and voted to approve the proposed code
amendment and rezoning on second reading March 24, 2004.
4. The BOCC finds that the proposed code amendment is consistent with the applicable Master
Plans for the County.
NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title II of the
Pitkin County Code, the Land Use Code, as follows in Attachment A to create a new special
review use of accessory structures with bathing facilities on lots or parcels of at least 35 acres in
the AFR-I 0, RS-20, RS-30 and RS-160 zone districts.
ATTACHMENT A
Amendments to Land Use Code
3-40-090 AFR-IO Agricultural/Forestry/Residential
A. Intent: The AFR-I 0, Agricultural/Forestry/Residential district, is intended to maintain the
rural character of lands proximate to development centers and State highways by preserving agricultural
operations, wildlife habitat and scenic quality while permitting low density, single family dwelling units
and customary accessory uses.
B. Allowed Uses: The following uses are allowed as of right in the
Agricultural/Forestry/Residential (AFR-I 0) Zone District:
I. Accessory buildings and uses.
2. Animal production and husbandry services, other farm and agricultural uses (not
including commercial feed lots).
3. Bus stop.
4. Commercial riding stables.
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5. Crop production.
6. Farm buildings.
7. Home occupations.
8. Parks, playground, playing fields.
9. Manufactured home.
10. Single-family dwelling units.
II. Single-family dwelling units with a potential of up to, but not exceeding, fifteen thousand
(15,000) square feet of floor area.
12. Solar energy collectors (private use).
13. Trails.
C. Special Review Uses: The following uses are subject to special review:
I. Accessory structures with bathing facilities on lots or parcels that contain at least 35 acres
subject to the following:
a. A deed restriction approved by the County Attorney ensuring only one dwelling unit
exists on the parcel.
b. One structure on the parcel shall be designated "principal" for height measurement
purposes.
c. For purposes of calculating Fair Share 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 ofthe structures with bathing facilities. For the purpose of calculating Impact
Fees or Fair Share requirements that are based on aggregate floor area or square
footage rather than 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.
2. Agriculture stands.
3. Alpine ski areas and support.
4. Caretaker dwelling units.
5. Cemeteries.
6. Churches.
7. Club houses or recreational buildings used in connection with and accessory to a
permitted outdoor recreational use.
8. Commercial camping areas.
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9. Commercial firewood splitting, storage and sales.
10. Commercial kennels and veterinary clinics.
II. Community health facilities.
12. Day care centers.
13. Duplex dwelling units.
14. Employee dwelling units.
15. Equipment supplies and contraction or subcontraction.
16. Golf courses.
17. Guest ranch.
18. Logging.
19. Mineral exploration/mining, concrete batch plants.
20. Nordic ski areas and support facilities.
21. Nursing, convalescent, rest, and retirement homes.
22. Outdoor recreational uses.
23. Radio transmitting station.
24. Reception halls and meeting facilities.
25. Resort cabins.
26. Satellite reception devices.
27. Schools/universities.
27. Sewage disposal areas/landfills/water plants.
29. Single-family dwelling with more than fifteen thousand (15,000) square feet of floor area
(transferable development rights are required to exceed fifteen thousand (15,000) square feet).
30. Uses, activities and facilities permitted by special use permit issued by Federal agencies.
31. Water crossing and diversion.
D. Prohibited Uses: The following uses are prohibited in the
Agricultural/Forestry/Residential (AFR-I 0) Zone District:
I. Airport.
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2. Amusement and entertainment establishments.
3. Commercial automobile parking lots.
4. Dormitory housing.
5. Essential government and public utility uses, facilities and services.
6. Financial institutions.
7. General services.
8. Hospitals.
9. Junk yards.
10. Medical/dental clinics.
II. Mobile homes.
12. Motels, hotels, lodges.
13. Multi-family dwelling units.
14. Offices.
15. Personal service outlets: food stores, drug stores, post office substation, self-service
laundries, dry cleaning outlets and liquor stores; the total space shall be limited to eighty (80) square feet
of gross leasable space per dwelling unit in the district.
16. Places for retailing of goods (structures and businesses limited to twelve thousand
(12,000) square feet of floor area per building).
17. Professional offices.
18. Research facilities, indoors.
19. Research facilities, other.
20. Restaurants and bars.
21 . Timesharing/fractional fees.
22. Uses not listed.
23. Vehicle and aircraft sales and service.
E. Dimensional Requirements: The following dimensional requirements shall apply to all
permitted and special review uses in the Agricultural/Forestry/Residential (AFR-IO) Zone District:
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I. Minimum lot area: ten (10) acres.
2. Minimum lot area principal use: ten (10) acres.
3. Minimum front yard setback: See Figure 3-1.
4. Minimum side yard setback: See Figure 3-1.
5. Minimum rear yard setback: See Figure 3-1.
6. Minimum lot width: four hundred feet (400').
7. Maximum height principal structures: twenty-eight feet (28').
8. Maximum height accessory structures: twenty feet (20'). (Ord. 23-2002 Att. A, [ (part);
Ord. 44-2001 Att. A (part); Ord. 99-36 Att. B (part))
3-40-110 RS-20 and RS-30 Planned Unit Development (PUD) Resource
A. Intent: The intent of RS-20 PUD and RS-30 PUD districts are identical except the RS-20
PUD Zone is intended for land closer to urbanized areas. The zones are intended to:
I. Permit low density, single family residential development and customary accessory uses,
while recognizing natural hazards, wildlife areas, limited utility service, roads or schools, and other
facilities may constitute a constraint precluding the realization of zoned density;
2. Encourage an orderly development pattern minimizing scattering of development in rural
areas;
3. Provide potential for the clustering of development preserving open space and creating
efficient utility service for development;
4. Preserve agricultural operations and environmental resources;
5. Maintain the rural lifestyle;
6. Locate development outside of irrigated lands and deer and elk habitat; and
7. Protect cattle and wildlife by prohibiting dogs in new subdivisions.
B. Allowed Uses: The following uses are allowed as of right in the RS-20 and RS-30
Planned Unit Development (PUD) Resource Zone District:
I. Accessory buildings and uses.
2. Animal production and husbandry services, other farm and agricultural uses (not
including commercial feed lots).
3. Bus stop.
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4. Crop production.
5. Farm buildings.
6. Home occupations.
7. Manufactured home.
8. Single-family dwelling units.
9. Single-family dwelling units with a potential of up to, but not exceeding fifteen thousand
(15,000) square feet of floor area.
10. Solar energy collectors (private use).
II. Trails.
C. Special Review Uses: The following uses are subject to special review:
I. Accessory structures with bathing facilities on lots or parcels that contain at least
35 acres subject to the following:
a. A deed restriction approved by the County Attorney ensuring only one dwelling unit
exists on the parcel.
b. One structure on the parcel shall be designated "principal" for height measurement
purposes.
c. For purposes of calculating Fair Share Road Impact Fees each ofthe 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 of the structures with bathing facilities. For the purpose of calculating Impact
Fees or Fair Share requirements that are based on aggregate floor area or square
footage rather than 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.
2. Agriculture stands.
3. Caretaker dwelling units.
4. Cemeteries.
5. Churches.
6. Club houses or recreational buildings used in connection with and accessory to a
permitted outdoor recreational use.
7. Commercial camping areas.
8. Commercial firewood splitting, storage and sales.
9. Commercial kennels and veterinary clinics.
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I O. Commercial riding stables.
11. Community health facilities.
12. Day care centers.
13. Employee dwelling units.
14. Equipment supplies and contraction or subcontraction.
15. Golf courses.
16. Guest ranches.
I 7. Logging.
18. Mineral exploration/mining, concrete batch plants.
19. Nordic ski areas and support facilities.
20. Outdoor recreational uses.
21. Parks, playgrounds, playing fields.
22. Radio transmitting station.
23. Reception halls and meeting facilities.
24. Resort cabins.
25. Satellite reception devices.
26 Schools/universities.
27 Sewage disposal areas/landfills/water plants.
28. Single-family dwelling units with more than fifteen thousand (15,000) square feet of
floor area (transferable development rights are required to exceed fifteen thousand (15,000) square feet).
29. Transferable development rights (TDRs).
30. Uses, activities and facilities permitted by special use permit issued by Federal agencies.
31. Water crossing and diversion.
D. Prohibited Uses: The following uses are prohibited in the RS-20 and RS-30 Planned Unit
Development (PUD) Resource Zone District:
I. Airport.
2. Alpine ski areas and support.
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3. Amusement and entertainment establishments.
4. Commercial automobile parking lots.
5. Dormitory housing.
6. Duplex dwelling units.
7. Essential government and public utility uses, facilities and services.
8. Financial institutions.
9. General services.
1 O. Hospitals.
II. Junk yards.
12. Medical/dental clinics.
13. Mobile homes.
14. Motels, hotels, lodges.
15. Multi-family dwelling units.
16. Nursing, convalescent, rest, retirement homes.
I 7. Offices.
18. 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.
19. Places for retailing of goods (structures and businesses limited to twelve thousand
(12,000) square feet of floor area per building).
20. Professional offices.
21. Research facilities, indoors.
22. Research facilities, other.
23. Restaurants and bars.
24. Timesharing/fractional fees.
25. Uses not listed.
26. Vehicle and aircraft sales and service.
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E. Dimensional Requirements: The following dimensional requirements shall apply to all
permitted and special review uses in the:
I. RS-20 PUD Zone District:
a. Minimum lot area: twenty (20) acres.
b. Minimum lot area principal use: twenty (20) acres.
c. Minimum front yard setback: See Figure 3-1.
d. Minimum side yard setback: See Figure 3-1.
e. Minimum rear yard setback: See Figure 3-1.
f. Minimum lot width: four hundred feet (400').
g. Maximum height principal structures: twenty-eight feet (28').
h. Maximum height accessory structures: twenty feet (20').
2. RS-30 PUD Zone District:
a. Minimum lot area: thirty (30) acres.
b. Minimum lot area principal use: thirty (30) acres.
c. Minimum front yard setback: See Figure 3-1.
d. Minimum side yard setback: See Figure 3-1.
e. Minimum rear yard setback; See Figure 3-1.
f. Minimum lot width: four hundred feet (400').
g. Maximum height principal structures: twenty-eight feet (28').
h. Maximum height accessory structures: twenty feet (20'). (Ord. 23-2002 Att. A, I (part):
Ord. 44-2001 Att. A (part); Ord. 99-36 Att. B (part))
3-40-120 RS-160 Planned Unit Development (PUD) Resource
A. Intent: The intent of the RS-160 Planned Unit Development (PUD) Resource Zone
District is to protect natural resources and agricultural uses while allowing some very low density
development.
B. Allowed Uses: The following uses are allowed as of right in the RS-160 Planned Unit
Development Resource Zone District: (Ord. 013-2000, Att. A: Ord. 99-18, Att. B)
I. Accessory buildings and uses.
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2. Animal production and husbandry services, other farm and agricultural uses (not
including commercial feed lots).
3. Bus stop.
4. Crop production.
5. Farm buildings.
6. Home occupations.
7. Manufactured home.
8. Single-family dwelling units.
9. Single-family dwelling units with a potential of up to, but not exceeding, fifteen thousand
(15,000) square feet of floor area.
10. Solar energy collectors (private use).
II. Trails.
C. Special Review Uses: The following uses are subject to special review:
I. Accessory structures with bathing facilities on lots or parcels that contain at least
35 acres subject to the following:
a. A deed restriction approved by the County Attorney ensuring only one
dwelling unit exists on the parcel.
b. One structure on the parcel shall be designated "principal" for height
measurement purposes.
c. For purposes of calculating Fair Share 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 of the structures with bathing
facilities. For the purpose of calculating Impact Fees or Fair Share
requirements that are based on aggregate floor area or square footage rather
than 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.
2. Agriculture stands.
3. Caretaker dwelling units.
4. Cemeteries.
5. Churches.
6. Club houses or recreational buildings used in connection with and accessory to a
permitted outdoor recreational use.
10
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7. Commercial camping areas.
8. Commercial firewood splitting, storage and sales.
9. Commercial riding stables.
1 O. Community health facilities.
11 . Day care centers.
12. Employee dwelling units.
13. Guest ranches.
14. Logging.
15. Mineral exploration/mining, concrete batch plants.
16. Nordic ski areas and support facilities.
17. Outdoor recreational uses.
18. Parks, playgrounds, playing fields.
19. Radio transmitting station.
20 Resort cabins.
21. Satellite reception devices.
22. Schools/universities.
23. Sewage disposal areas/landfills/water plants.
24. Single-family dwelling units with more than fifteen thousand (15,000) square feet of
floor area (transferable development rights are required to exceed fifteen thousand (15,000) square feet).
25. Transferable development rights (TDRs).
26. Uses, activities and facilities permitted by special use permit issued by Federal agencies.
27. Water crossing and diversion.
D. Prohibited Uses: The following uses are prohibited in the RS-160 Planned Unit
Development (PUD) Zone District:
I. Airport.
2. Alpine ski areas and support.
3. Amusement and entertainment establishments.
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4. Commercial automobile parking lots.
5. Commercial kennels and veterinary clinics.
6. Dormitory housing.
7. Duplex dwelling units.
8. Equipment supplies and contraction or subcontraction.
9. Essential government and public utility uses, facilities and services.
10. Financial institutions.
II. General services.
12. Golf courses.
13. Hospitals.
14. Junk yards.
15. Medical/dental clinics.
16. Mobile homes.
17. Motels, hotels, lodges.
18. Multi-family dwelling units.
19. Nursing, convalescent, rest, retirement homes.
20. Offices.
21. Personal service outlets: food stores, drug stores, post office substation, self-service
laundries, dry cleaning outlets and liquor stores; the total space shall be limited to eighty (80) square feet
of gross leasable space per dwelling unit in the district.
22. Places for retailing of goods (structures and businesses limited to twelve thousand
(12,000) square feet of floor area per building).
23. Professional offices.
24. Research facilities, indoors.
25. Research facilities, other.
26. Restaurants and bars.
27. Timesharing/fractional fees.
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28. Uses not listed.
29. Vehicle and aircraft sales and service.
E. Dimensional Requirements: The following dimensional requirements shall apply to all
permitted and special review uses in the RS-160 Planned Unit Development Resource Zone District:
I. Minimum lot area: one hundred sixty (160) acres.
2. Minimum lot area principal use: one hundred sixty (160) acres.
3. Minimum front yard setback: See Figure 3-1.
4. Minimum side yard setback: See Figure 3-1.
5. Minimum rear yard setback: See Figure 3-1.
6. Minimum lot width: four hundred feet (400').
7. Maximum height principal structures: twenty-eight feet (28').
8. Maximum height accessory structures: twenty feet (20'). (Ord. 23-2002 Att. A, I (part);
Ord. 99-36 Att. B (part))
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 28th
DAY OF FEBRUARY, 2004.
INTRODUCED AND FIRST READ AT THE PUBLIC HEARING ON THE toh DAY OF
MARCH, 2004.
APPROVED AND ADOPTED AFTER SECOND READING ON THE 24th DAY OF MARCH,
2004.
PUB(j;'~~FTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE
OF ,2004.
~~ DAY
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Dorouris
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Date: J../ - ~ - c1 C(
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
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Cindy Houben,
Community Development Director
Lancec/cases/mde ord clean .doc
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