2-30-20 Administrative Review Procedure

(g) Criteria for Approval

1. General
   • In addition to the criteria in subsections (2) through (20) below, an application for administrative review shall be approved if it complies with (a) all applicable provisions of this Land Use Code, (b) all applicable Land Use Policies listed in Sec. 1-60, and (c) all prior development approvals applicable to the subject property.
2. Site Plan
   • (a) A Site Plan shall be approved if it complies with the criteria in subsection (1) above and any Activity Envelope previously approved for the property pursuant to Sec. 7-10-50. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7-10-60. If an Activity Envelope has not been previously established for the property pursuant to Sec. 7-10-50, one shall be established as part of the Site Plan Review process. Use of TDRs for additional floor area to increase house size above the base maximum outlined in Table 5-1 may be subject to special review approval, if required in Sec. 6-30-509(b), and shall be reviewed through the Site Plan process. Certain development may be exempt from Site Plan Review, pursuant to Sec. 7-10-30.
   • (b)The Community Development Director may approve a Site Plan or Activity Envelope, subject to the following procedures:
     1. Notice of the application shall be provided as shown in Table 2-1 and as required in Sec. 2-30-100.
     2. In addition to the information required by Sec. 2-20-100, the notice shall state that the Community Development Department will accept comments or objections regarding the application until a date at least two (2) weeks following the postmarked date of the mailed notice. The notice shall further state that if no objections are received by that date, the Community Development Department shall make a decision on the application pursuant to this Land Use Code.
     3. If no objections to the application are received by the date stated in the notice, the Community Development Department shall document the fact that no objections were received and shall make a decision on the application pursuant to this Land Use Code.
     4. If any objections to the application are received by the date stated in the notice, the Community Development Department shall continue the application to a public hearing before the Hearing Officer.
3. Activity Envelope
   • An application for designation of an Activity Envelope shall be approved if it complies with the standards and criteria established in Sec. 7-10-50. If the applicant chooses to apply for definition of an Activity Envelope separately from approval of a Site Plan, the Activity Envelope shall be designed to accommodate the largest home anticipated and related septic field on the site pursuant to Table 5-1. Use of TDRs for additional floor area to increase house size above the base maximum outlined in Table 5-1 shall be reviewed through the Site Plan process. The definition of an Activity Envelope based on a maximum house size and septic field shall not create any presumption that a Site Plan for a house at the same size can or will be approved pursuant to this Land Use Code. The applicant may specify that the Activity Envelope is being created for a house smaller than the maximum allowed under Table 5-1, and in that event the Activity Envelope will be designed to accommodate a house and septic field of that size. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7-10-60. Actual siting of the septic field shall require final approval pursuant to the Environmental Health and Natural Resources On-Site Wastewater Treatment System regulations. Certain development may be exempt from Site Plan Review, pursuant to Sec. 7-10-30. The procedure for approval of an Activity Envelope shall be the same as specified in subsection (2)(b) above.
4. Subdivision Exemptions for Lot Line Adjustments
   • A subdivision exemption to adjust a lot line between adjacent lots or parcels under separate ownership may be approved if it complies with the criteria in this subsection.
     • (a) The adjustment creates not more than the original number of lots or parcels.
     • (b) The purpose or effect of the lot line adjustment is not the creation of a new lot or parcel, nor any increase in exempt or non exempt floor area or maximum house size for a parcel that gains size, nor creation of a lot or parcel substantially different in size for development or resale purposes. The floor area will be reduced on a parcel that decreases in size due to the adjustment.
     • (c) In the case of conforming lots and parcels, any resulting lot or parcel shall conform to the minimum requirements for area or width established by the provisions of this Land Use Code.
     • (d) In the case of substandard size lots or parcels, the resulting lots or parcels may increase in non-conformity as to lot size so long as the other standards of this Land Use Code continue to be met.
     • (e) The applicant shall prepare a subdivision exemption lot line adjustment plat in compliance with the standards in Pitkin County Land Use Application Manual.
     • (f) If the lot line adjustment will occur within a platted subdivision, an application for a minor plat amendment consistent with the proposed lot line adjustment shall be submitted and reviewed concurrently with the application for a lot line adjustment.
5. Subdivision Exemptions for Minor Plat Amendments
   • A subdivision exemption for a minor plat amendment may be approved if:
     • (a) It is necessary to correct an inadvertent surveying error to a recorded plat that has been approved by Pitkin County, where the error was not intended to circumvent the provisions of this Land Use Code, the correction increases or does not substantially affect the degree of compliance with the standards of this Land Use Code; and the revised final plat will comply with the final plat standards of Pitkin County Land Use Application Manual; or
     • (b) The amendment increases or does not affect the degree of compliance with the standards of this Land Use Code; and the amendment is being made to a recorded plat that has been approved by Pitkin County; and the amendment is consistent with representations made during the conceptual and detailed subdivision reviews whichever is applicable.

6. Water Crossing or Diversion

• The County Engineer and the Community Development Director shall confirm that the proposed water crossing or diversion has been engineered to prevent blockage of drainage channels during peak water flows and their placement does not result in the loss of wetlands and riparian areas; and it is confirmed by the Colorado Division of Wildlife or the County’s fisheries expert that the timing of the activity is not critical to the biology of the stream. If the County Engineer and Community Development Director do not confirm that these standards have been met, or if a diversion is for the purpose of a micro hydroelectric generation system, the crossing or diversion may only be approved through a One-Step review by the Board of County Commissioners subject to standards outlined in Section 4-30-50(k).

7. GMQS Exemptions Available through Administrative Review

• Exemptions from the requirement for a GMQS allotment that are available through Administrative Review, as shown in Table 2-1, may be approved if they comply with the requirements for the specific type of exemption, as set forth in Sec. 6-30.

8. Satellite Reception Devices

• A permit for installation of satellite reception devices if it exceeds one (1) meter for residential use and more than two (2) meters for industrial use may be approved if it complies with the following standards:
  • (a) All satellite reception devices that do not comply with Sec. 4-30-50(g) shall require approval pursuant to this Sec. 2-30-20(g)(8).
  • (b) If the satellite reception device does not meet the requirements of Sec. 4-30-50(g)(1) or (2), the installation of up to two (2) devices per lot or parcel shall be a use by right, but shall be located to minimize scenic impacts when viewed from neighboring parcels and public rights-of-way. Landscaping pursuant to Secs. 7-20-120 and 7-20-130 may be required around a satellite reception dish device to reduce scenic impacts.
  • (c) If the satellite reception device does not meet the requirements of Sec. 4-30-50(g)(1) or (2), or more than two (2) devices are requested on a lot or parcel, a special review use approval will be required pursuant to Secs. 2-30-30 and 2-40-20. As part of such special review process, additional landscaping may be required to address visual impacts.
  • (d) Regardless of whether Sec. 4-30-50(g)(1) or (2) apply, if the County determines that the location of a satellite reception device creates a public safety hazard, the device shall be relocated at the owner’s expense to a location that does not create a public safety hazard.
  • (e) Financial guarantees consistent with Sec. 2-20-130 may be required to ensure adequate completion of landscaping.

9. Agricultural Stand

• A temporary use permit for an agricultural stand 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

• An application for a Special Event may be approved if it complies with the standards of Sec. 4-30-50(k).

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 an existing residence, the applicant shall agree not to request approval to maintain the residence as a caretaker dwelling unit, unless the site and existing unit meets the standards in Secs. 4-30-50(e) and 6-30-40(c).

14. Certificate of No Effect for Property on Historic Register

• (a) The Community Development Department shall issue a Certificate of No Effect if (i) It is determined that the work is minor and clearly meets the applicable design guidelines, including but not limited to the provisions of Sec. 7-20-100, and/or (ii) modifications to the proposed work requested by the County are agreed to by the applicant, and (iii) the proposed work will not diminish, eliminate or adversely affect the historic character of the subject property or the district in which it is located.
• (b) No changes shall be made to the approved plans for which a Certificate of No Effect was issued without resubmittal to the Community Development Department for approval of the changes.
• (c) If the Community Development Department determines that the proposed work is not eligible for a Certificate of No Effect, then the property owner must apply for and obtain a Certificate of Appropriateness.

15. Certificate of Appropriateness for Property on Historic Register

• (a) The Community Development Director shall issue a Certificate of Appropriateness subject to a finding of compliance with the following standards.
  1. The proposed work will be reviewed relative to the elements of placement, orientation, size, scale, massing, proportions, materials, textures, finishes, patterns, details, embellishments and the relationship of these elements to one another that contribute to the historic, architectural, cultural, technological and/or educational significance of the property.
  2. Conformance with applicable general and specific design guidelines and standards, including but not limited to the provisions of Sec. 7-20-100.
  3. For the relocation of historic buildings and structures, the extent to which the new location and its siting recreate the setting and environment associated with the original period of significance for the historic property.
• (b) A Certificate of Appropriateness will expire one year from the date of issuance unless work is started within that time.
• (c) No changes shall be made to the approved plans after the issuance of a Certificate of appropriateness without resubmittal to the Community Development Director and determination of the necessary approval process for the proposed changes pursuant to Sec. 2-20-150.

16. Demolition Certificate for Property listed on Historic Register or listed on Historic Inventory with Historic Preservation Management Agreement

• The Community Development Director shall issue a demolition certificate for the property subject to a finding of compliance with the following criteria:
  • (a) The building, structure or object has been determined to be an imminent hazard to public safety and necessary repairs will cause the loss or alteration of the significant character-defining features of the property, and/or
  • (b) The building is not structurally sound despite evidence of efforts to properly maintain the property, and/or
  • (c) The building, structure or object cannot be practically moved to another location within the county, and/or
  • (d) No documentation exists to support or demonstrate that the property has historic, architectural, cultural, engineering or technological significance, and
  • (e) The loss of the building, structure or object will not adversely affect the integrity of the historic district or designated property on which it is located.

17. Minor Amendment to a Development Permit

• See Sec. 2-20-150(b).

18. Major Amendment to a Development Permit

• See Sec. 2-20-150(c).

19. Flexibility for Agricultural Support

• If a property does not meet the minimum acreage required in Sec. 5-20-70(j) for an exempt agricultural building, or if the exempt floor area provided in Sec. 5-20-70(i) is not adequate to support an agricultural operation, the owner may submit a request to obtain additional exempt floor area. The Community Development Director may review requests for additional exempt floor are of up to:
  1. 1,000 square feet on a property that does not meet the minimum acreage required in Sec. 5-20-70(j) for an exempt agricultural building
  2. 25 % more than is allowed for each of the following types of agricultural buildings – hay storage; livestock run-in or loafing shed; agricultural equipment storage; and barns – if the exempt floor area provided in Sec. 5-20-70(j) is not adequate to support an agricultural operation; or
  3. 3,000 square feet for a greenhouse(s) if the exempt floor area provided in Sec. 5-20-70(j) is not adequate. The Director may refer any request to the BOCC for decision pursuant to Sec. 2-30-20 (i). The BOCC shall review requests for additional exempt floor area in excess of the amounts that may be reviewed by the Community Development Director. Special Review approval is required for a greenhouse(s) of 3,000 square feet or more. The Community Development Director or Board of County Commissioners (BOCC) shall approve the additional exempt floor area, provided the following criteria are met:
     • (a) Agricultural Buildings are listed as an allowed, special review or master plan use in Table 4-1 in the zone district; and
     • (b) The agricultural building(s) complies with the applicable standards of Chapter 7;
     • (c) The owner demonstrates that the property is utilized for an agricultural operation as defined in Chapter 11 and that the agricultural building(s) are designed and will be used to support the agricultural operation. To demonstrate that the property is utilized for an agricultural operation and that the agricultural building(s) are designed and will be used to support the agricultural operation, the owner shall submit the following:
       1. Detailed description of existing and proposed agricultural activities, including number of animals, type of crop(s) grown, types and size of equipment, implements and gear, etc.
       2. Site plan showing existing and proposed buildings and areas on the property used for the agricultural operation;
       3. Floor plans and elevations of the agricultural building(s) to demonstrate that the scale and layout of the building(s) are appropriate given the specified agricultural activities.
       4. Description of how the proposed agricultural building(s) will support and sustain the rural character of the County.
     • (d) The Agricultural Building Review Committee shall review applications for additional exempt floor area for agricultural buildings and make a recommendation to Community Development Department as to whether the agricultural building is designed to support an agricultural operation and is functional for agricultural uses. The Community Development Department shall have the discretion to determine which applications for agricultural buildings should be referred to the Committee for review; an Applicant may also request a Committee review.

20. Activity Envelope and Site Plan Review at Building Permit for Ground Mounted Solar Panels

• (a) An “Activity Envelope and Site Plan at building permit application” shall be submitted in conformance with Section 2.2.1 and 2.2.12 of the Pitkin County Land Use Application Manual. Submittal requirements can be modified by Staff as deemed necessary.
• (b) The plan submittal shall show conformance with Chapter 4: Permitted Uses – Section 4-30-50(h), Chapter 5: Dimensional Requirements, and Chapter 7: Constraints.

(h) Mapping and Platting Requirements

• Prior to the submittal of a building permit application, the applicant shall be required to prepare and record with the Pitkin County Clerk and Recorder any map or plat required by the approval in a form approved by the Community Development Director consistent with the submission requirements in Pitkin County Land Use Application Manual and any conditions of approval.

(i) Referral to Higher Body

1. In lieu of making an administrative decision, the Community Development Director may refer any application authorized for administrative approval to the Hearing Officer or BOCC as determined by the Community Development Director for decision pursuant to the criteria in subsection (g) above if the Community Development Director determines that:
   • (a) The application raises a significant public controversy on which numerous parties beyond the owners of adjacent properties may want to offer testimony; or
   • (b) The applicant has a disagreement with the Community Development Department regarding a condition of approval; or
   • (c) The applicant has exerted significant and undue pressure on the Community Development Department to interpret this Land Use Code in a novel or ambiguous manner in order to obtain an approval, or has attempted to influence the decision of the Community Development Department in an improper manner.
2. In lieu of making a decision pursuant to a referral under subsection (1) above, the Hearing Officer may refer any referred application to the Board of County Commissioners for decision pursuant to the criteria in subsection (g) above if the Hearing Officer determines that:
   • (a) The application raises a significant public controversy with potential county-wide importance or impacts; or
   • (b) The applicant has exerted significant and undue pressure on the Hearing Officer to interpret this Land Use Code in a novel or ambiguous manner in order to obtain an approval, or has attempted to influence the decision of the Hearing Officer in an improper manner.