HomeMy WebLinkAboutbocc.ord.013.2000 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY COLORADO ADOPTING AMENDMENTS TO THE
PITKIN COUNTY LAND USE CODE: SECTION 3-40-115, RURAL/REMOTE
ZONE DISTRICT
Ordinance No.O/3 - , 000
Recitals
1. The Board of County Commissioners (`BOCC") has directed the preparation of
amendments to the Rural/Remote Zone District (section 3-40-115) section of the
Pitkin County Land Use Code (the "Code").
2. The amendments are to intended to allow for the possibility of a building
envelope up to two-thousand five-hundred(2,500) square feet in size where the
use of transferable development rights ("TDRs") is permitted through special
review.
3. The BOCC finds that the proposed amendments to the Code will substantially
advance the public health, safety and welfare of the citizens of Pitkin County and
be consistent with the intent of the Rural/Remote Zone District.
4. The Planning and Zoning Commission("P&Z") reviewed the Code amendments
at a regularly scheduled public meeting on March 14, 2000 and made a
recommendation to the BOCC.
5. The BOCC considered the amendments at first reading at a duly noticed public
meeting on March 8, 2000 and finally approved the amendments on second
reading at a duly noticed public hearing on March 28, 2000.
NOW, THEREFORE, BE IT ORDAINED by the Pitkin County
Commissioners that it hereby amends the Pitkin County Land Use Code as contained in
Attachments A(amendments to §340-115, Rural and Remote Zone District).
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on
INTRODUCED AND FIRST READ AT A PUBLIC MEETING and regular meeting on the 81h
day of March,2000.
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING on
the 28'day of March,2000.
EFFECTIVE thirty(30)days following publication.
PUBLISHED AFTER THE ADOPTION IN THE ASPEN TIMES on
Ordinance# 0/3 -00
Page 2
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
dee Dean, Shellie Roy Harper
Deputy Clerk and Recorder Chair
Date: 4C�10IJ
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, Cindy Houben,
County Attorney Community Development Director
ATTACHMENT"A"
REPEAL AND RE-ENACT §3-40-115 AS FOLLOWS:
3-40-115 RR Rural/Remote
A. Intent: The intent the Rural/Remote Zone District is to conserve and protect the
natural environment and its resources; to preserve the unique low scale, low density backcountry
character and lifestyle; to minimize environmental degradation; to retain undeveloped areas; and
to allow for limited recreational uses and limited residential development while still preserving
the character of rural/remote lands and to allow for the transfer of development rights to areas that
are more appropriate for development. Areas within the Rural/Remote Zone District exhibit some
or all of the following characteristics:
1. Location more than one-half mile from winter maintained public roadways.
2. Absence of traditional utility service districts, such as electric, gas and phone.
3. Limited availability or absence of rapid, traditional Pitkin County emergency
services.
4. Little or no development exists in the surrounding area.
5. Presence of natural hazard areas or resource areas such as steep slopes,
avalanche, high wildfire areas or important wildlife habitats.
6. Location within subalpine or alpine ecosystems, and/or location at or above nine
thousand-foot(9,000') elevation.
7. Location adjacent to Forest Service or Bureau of Land Management owned
properties.
8. Unique backcountry character, including historic resources and isolated
lifestyles.
B. Allowed Uses: The following uses are permitted as of right in the Rural/Remote
Zone District.
1. Single-family dwelling units, which may take the form of
alternative/nontraditional structures such as domes, yurts, teepees and elevated
platforms/treehouses contingent upon compliance with Uniform Building Code requirements.
2. Shared water systems.
3. Solar energy collectors for on-site residential purposes.
4. Wind powered apparatus for on-site residential purposes.
5. Above ground generators which meet the decibel requirements of the
Environmental Health Department.
Board of County Commissioners Ord.#O/.3-00,Attachment A Page 1
6. Gardens outside of the activity envelope up to two thousand five hundred(2,500)
square feet in size.
7. Agricultural operations and practices which were in existence prior to January 2,
1996.
8. Fences which meet Colorado Division of Wildlife standards and are located
outside of critical wildlife habitat as defined by the Pitkin County Land Use Code.
9. Repair of existing fences,regardless of location within wildlife habitat.
10. Termination of noxious weeds (as defined by the Pitkin County Land
Management Department)within and outside of the activity envelope.
11. Home occupations, except home occupations that employ non-residents.
C. Special Review Uses:
1. Automobile parking areas which centralize resident parking adjacent to existing
roadways in order to allow alternative access to residences beyond that point(i.e., skiing, hiking,
snowmobiling,biking).
2. Driveways.
3. Helicopter access for construction use only.
4. Extractive operations.
5. Transfer of development rights to obtain growth management exemptions or
aggregate square footage of floor area within the Rural/Remote zone.
6. Commercial recreational uses to be allowed only through special review and,
where appropriate, in conjunction with and coordination with the Forest Service permitting
process.
7. Fences which meet Colorado Division of Wildlife standards and are located in
critical wildlife habitat and/or migration corridors as defined by the Code.
8. Individual water supply.
9. Individual sewage disposal system.
10. Hydro plant to service a single residence.
11. Expansion of footprint beyond five hundred (500) square feet to a maximum of
two thousand five hundred(2,500) square feet.
12. Legally created structures, existing prior to January 2, 1996, may be retained
when a new structure is proposed, subject to compliance with one of the following criteria:
a. The structure contains an existing dwelling unit, and either the new or the
Board of County Commissioners Ord.#O/3 -00,Attachment A Page 2
existing unit is deed restricted to be occupied by residents, as determined by the Affordable
Housing Guidelines. However,year-round occupancy of the unit shall not be required. The deed-
restricted unit shall be exempt from GMQS competition and scoring, but shall be deducted from
the non-metro area residential quota.
b. The structure is retained as an accessory structure and accommodates accessory
uses only, subject to the definition of"Accessory Use or Accessory Structure" in Article 8 of the
Land Use Code.
13. Extension of utilities such as electricity, water, sewer, telephone and cable. Such
extensions must comply with special review criteria in Subsections 3-210-010 and 3-200-095 of
the Land Use Code.
14. Improvements to existing roadways including, but not limited to, widening,
grading and drainage improvements.
15. Legally created structures pre-dating the enactment of the Rural/Remote Zone
District where approval is received to sever a TDR from the property, subject to the Transferable
Development Rights provision in Section 3-310.
16. Uses permitted by the Forest Services and also approved through County special
review.
D. Prohibited Uses: The following uses/activities are prohibited in the
Rural/Remote Zone District:
1. Winter maintenance of roadways and driveways, except for access to residential
development sites approved prior to January 2, 1996, which have been historically and
continually served by privately winter maintained driveways or roadways.
2. New accessory structures other than those allowed by special review.
3. New roadways.
4. Uses not listed as allowed or special review uses.
5. Disturbance of all living native vegetation outside of the activity envelope,
including grasses, forbs, shrubs and trees, except as required for wildfire mitigation. One standing
dead tree per five (5) acres shall remain undisturbed, if present, for bird of prey perching and
nesting and for songbird perching and feeding. This provision shall not prohibit the general
gathering of firewood from deadfall, nor does it prohibit the grazing of animals which have
historically grazed the parcel prior to January 2, 1996.
6. Caretaker and employee dwelling units pursuant to Subsection 3-150-120 and 3-
150-130.
E. Dimensional Requirements: Except as may be permitted by special review
pursuant to the provisions of Subsection 3-40-115C,the following dimensional requirements shall
apply to all allowed and special review uses in the Rural/Remote Zone District:
1. Minimum lot area: thirty-five(35) acres.
Board of County Commissioners Ord.#�=�_-00,Attachment A Page 3
2. Minimum lot area principal use: thirty-five (35)acres.
3. Maximum size of activity envelope per principal use: 0.5 acres.
4. Minimum front yard setback: determined by special review.
5. Minimum side yard setback: determined by special review.
6. Minimum rear yard setback: determined by special review.
7. Minimum lot width: four hundred feet(400').
8. Maximum height per principal structure: no higher than twenty feet (20') to the
top of ridge or to the top of the parapet surface of a flat roof.
9. Maximum footprint per principal structure: not to exceed five hundred (500)
square feet without special review approval. In measuring footprint, all dimensions shall be taken
from the outside face of framing or other primary wall members.
10. Decks, porches, etc.: not to exceed a maximum of five hundred(500) square feet,
as measured from the outside face of the material. Structures including, but not limited to, decks,
porches, slabs, patios, and terraces, shall be included in this calculation, and these structures shall
be contiguous to the building footprint.
11. Maximum allowed square footage: not to exceed one thousand (1,000) square
feet, except as may be allowed through special review and the use of TDRs. Below grade space
and garage or carport space are included in the calculation of maximum allowed square footage.
Up to six hundred (600) square feet of a legally created structure existing prior to January 2,
1996, which is retained pursuant to special review, shall be excluded from the maximum allowed
square footage; square footage in excess of six hundred (600) square feet shall be included in the
maximum allowed square footage. The entire square footage of an historic structure shall be
excluded from the maximum allowed square footage.
12. Platforms/treehouses: not to exceed two hundred fifty (250) square feet, which is
included in the one thousand(1,000) square foot maximum allowed square footage.
13. Outhouse, storage and mechanical enclosures shall not exceed a total of one
hundred sixty (160) square feet, which is excluded from the one thousand (1,000) square foot
maximum allowed square footage.
(Ord. 99-18 Att. B)
Board of County Commissioners Ord.#,24a-00,Attachment A Page 4