No person may engage in any development within the unincorporated area of Pitkin County until obtaining a development permit, unless the proposed development qualifies for an exemption. All development shall be in compliance with the effective development permit duly issued in compliance with this Land Use Code.
(b) Issuance
Applications that receive approvals or conditional approvals from the last decision-making body involved in the application qualify for a development permit. A resolution of approval or ordinance signed by the chairperson of the decision-making body and recorded with the County Clerk and Recorder shall constitute the development permit. In the case of Hearing Officer or administrative approval, the Hearing Officer or Community Development Director shall prepare and sign a development permit. All development permits, including but not limited to all approved Site Plans and Activity Envelopes, shall be recorded with the County Clerk and Recorder before a Building Permit may be issued.
(c) Administrative Modification
In the course of granting any development permit associated with a Site Plan Review completed after July 5, 2006, the Community Development Department shall be authorized to modify (increase or decrease) any numeric dimensional standards in Table 5-1 by ten (10) percent or less, except those related to residential density/floor area, non-residential floor area and maximum house size, with the agreement of the applicant.
Standards
An administrative modification is a discretionary action that shall only be approved if the following standards are met:
(a) General
The requested modification is consistent with the character of development in the surrounding area, and will not result in incompatible development;
(b) Mitigates Adverse Impacts
Any adverse impacts resulting from the modification will be mitigated to the maximum extent practicable; and
(c) Technical Nature/Compensates for Unusual Aspect of Site
The modification is of a technical nature and is required to compensate for some unusual aspect of the site or the proposed development that is not shared by neighboring landowners in general.
Conditions of Approval
The Community Development Director may, in approving an administrative modification, impose such restrictions and conditions on such approval and use or development of the property that he or she determines are required to ensure compliance with the general goals, objectives, and policies of this Land Use Code to prevent or minimize adverse effects from the proposed modification.
(d) Effect of Pending Litigation or Appeal
When an appeal that is commenced pursuant to section 2-20-180, or when litigation or any other action or proceeding that is filed in a court or other tribunal of competent jurisdiction, may result in the alteration, amendment or voiding of a previous determination or action pursuant to this land use code affecting developability, zoning, development regulations, construction, improvement, or other aspects of development affecting a parcel of land in Pitkin County, the filing of said appeal, litigation, or other action or proceeding shall operate as a stay, applicable to all entities of—
(a) The acceptance, processing or issuance of: any and all building applications or permits; development applications or permits; development approvals; or any other county action, which would permit or otherwise authorize construction, site work grading, land improvements, or creation of a vested right pursuant to this land use code.
Except as provided in subsections (d)(3)-(5) of this section.
(a) The stay provided for under subsection (d) (1) of this section continues until the issuance of a final, non-appealable judgment or order in any such appeal, litigation, action, or other proceeding.
On request of a party in interest and after notice and a hearing, the board shall grant relief from the stay provided under subsection (d) (1) of this section, such as by terminating, annulling, modifying, or conditioning such stay--
(a) For cause, including the lack of adequate protection of an interest in property of such party in interest, or a finding that the appeal, litigation, action, or other proceeding will not alter, amend or void a previous determination or action pursuant to this land use code as specified in subsection (d) (1).
(b) If the Board finds that the filing of the appeal, litigation, action, or proceeding that gave rise to the stay is part of a scheme to delay, hinder, or defraud an applicant or other party and that based on the evidence presented to the Board the appeal, litigation, action, or proceeding is frivolous or groundless.
The stay under subsection D. 1. shall terminate on the date that is sixty (60) days after a request is made by a party in interest under subsection (d)(3), unless such sixty (60) day period is extended by the board after notice, and a hearing for such specific period of time as the board finds is required for good cause, as described in findings made by the board.
Upon request of a party in interest, the community development director, with or without a hearing, shall grant such relief from the stay provided under subsection (d)(1) of this section as is necessary to prevent irreparable damage to the interest of a person or entity in property, if such interest will suffer such damage before there is an opportunity for notice and a hearing under subsection (d)(3) or (d)(4) of this section.
In any hearing under subsection (d)(3) or (d)(4) of this section concerning relief from the stay provided for under subsection (d)(1) of this section, the burden of proof shall be on the party or parties opposing termination or modification of the stay. “party” for the purposes of this subsection may include county staff.
The community development director shall make the initial decision regarding whether the filing of appeals, litigation or other actions or proceedings shall operate as a stay pursuant to subsection (d)(1) of this section. The community development director’s decision may be appealed to the board as provided for in subsections (d)(3)-(5) of this section. a decision by the board pursuant to subsections (d)(3)-(5) of this section shall be subject to judicial review pursuant to rule 106(a)(4) C.R.C.P.
(e) Prohibition of Commercial Agricultural Activity
At the time a development approval, including subdivision or PUD is considered for any lot or parcel, an evaluation shall be conducted by the Community Development Department to determine if the resulting land use or character of the land is or will be essentially and primarily residential, commercial, or another use or character other than agricultural. If the development approval will change the primary and fundamental use from being agricultural, then a covenant prohibiting commercial agricultural activity shall be required as a condition of development approval.
Factors to be considered by Community Development Department when evaluating the resulting land use or character of the land shall include but not be limited to: the size of the property, the valuation of the property and proposed improvements relative to the valuation of agricultural products produced on the property, the history of the property’s use, the viability of any prospective agricultural use, the legal history of the property relative to subdivisions or other divisions, the potential for future subdivision, and the type of historical agricultural use of the property.
The covenant may be released by the Board of County Commissioners if the circumstances which caused the covenant to be required change.