4-30-50 Accessory and Temporary Uses

(b) Use Specific Standards for Temporary Land Uses and Activities

1. Agricultural Stand
   • Vendors are permitted to sell Colorado-grown agricultural or farm products subject to compliance with the standards in this section and approval of a Temporary Use Permit under Sec. 2-30-20.
     • (a) The vendor shall have the permission of the owner of the property for use of the site for vending purposes.
     • (b) The vending stand or vehicle is adequately set back from the adjacent road, does not block any required access to or egress from the site, does not disrupt vehicular or pedestrian circulation in the surrounding area, and does not cause a traffic hazard or safety problem. In addition, an off-road parking area of sufficient size shall be provided to accommodate the anticipated number of customers.
     • (c) The temporary structure, if any, complies with applicable adopted building codes and other County regulations.
     • (d) Not more than two (2) vendors may be allocated a permit for any single location.
     • (e) Temporary use permits for agricultural products shall not exceed a period of five (5) months.
     • (f) Stand operators may receive an unlimited number of development permits; however when more than two (2) operators wish to use a given location during the same time period, preference shall be given to new permit applicants in the order in which they apply.
     • (g) Identification signs must comply with the sign standards in Sec. 7-60-50.
2. Motion Picture Filming and Still Photo Shoots. An applicant may obtain authorization from Pitkin County to film a movie, television show, commercial, or promotional spot or to conduct a still photo shoot if the following standards are met:
   • (a) At least five (5) working days prior to the production, the applicant shall e- mail to the Community Development Department a brief description of the nature of the production, including dates, times and locations. If the standards of this Sec. 4-30-50 (b) (2) can be met, the Community Development Director will issue an acknowledgement of the applicant’s e-mail and the production may proceed. If these standards cannot be met, the applicant may instead apply for a temporary land use and activities permit from the Community Development Director.
   • (b) The production shall be limited to no more than five (5) vehicles and a total of fifteen (15) people, including the actors/models and crew.
   • (c) All staging for the production, including but not limited to, the equipment, actors/models, crew, vehicles and trailers, shall be located on private property.
   • (d) There shall be no off-site impacts from the production.
   • (e) There shall be no parking on public roads for the production. A minimum of sixteen feet (16’) of emergency access shall be maintained on private roads at all times.
   • (f) The applicant shall obtain all necessary federal/state permits and shall comply with the Pitkin County Code and applicable state and federal regulations.
   • (g) Outdoor filming/photography shall last for no more than three (3) days and shall only occur between the hours of 7:00 AM to 7:00 PM or one (1) hour after sunset, whichever is later. These limits include the time necessary for set-up and take-down of the production. Indoor filming/photography shall not be subject to these time limits.
   • (h) The applicant may be required to provide proof of general liability insurance for the duration of the production, with Pitkin County being named as an additionally insured, with two million dollars ($2,000,000) aggregate coverage and one-million dollars ($1,000,000) coverage for each occurrence, or provide a waiver of insurance approved by the County Attorney.
   • (i) The applicant shall comply with the following noise standards:
     • 7:00 AM to 7:00 PM: 65 dB(A); and
     • 7:00 PM to 7:00 AM: 55 dB(A).
3. A helicopter shall not be used for filming unless the permit application has been referred to the Board of County Commissioners, which may authorize the use of helicopters at their discretion considering the following:
   • (a) Whether the use of a helicopter will result in a clear and demonstrable marketing benefit to the community;
   • (b) The helicopter will be used for a live broadcast;
   • (c) The applicant shall demonstrate that the helicopter will not cause detrimental impacts to wildlife; and
   • (d) Safety concerns shall be adequately addressed.

(c) Agricultural Buildings

1. (1) Agricultural Buildings are subject to the floor area exemptions in Sec. 5-20-70(j)(5).
2. (2) In the R-15, R-15A, R-15B, R-6, VR and MHP zone districts, a greenhouse in the only allowed agricultural building.
3. (3) In the AH and AH-PUD zone districts, a greenhouse is the only allowed agricultural building, except if the lot/parcel is limited to one single family dwelling unit, then any agricultural buildings(s) is allowed based on the lot/parcel size.

(d) Camping Area

Camping as an accessory use, outside of a campground approved by a development permit, is only permitted on property owned by the camper or the camper’s family. Occupancy of any tent, recreational vehicle, or any other form of temporary dwelling shall be limited to fifteen (15) consecutive days, and to no more than thirty (30) days in any six (6) month period.

(e) Caretaker Dwelling Unit

These standards are for the purposes of providing a voluntary caretaker dwelling unit on a legally created lot or parcel in the County. Caretaker dwelling units created pursuant to these provisions, shall not be used for mitigation of employee housing requirements as established elsewhere in this Land Use Code.

1. CDU as Permitted Accessory Use
   • In the RS-160, RS-35, RS-30, RS-20, AR-10, AR-2, R-30, R-15, R-15A, and R-6 zone districts, one (1) caretaker dwelling unit shall be a permitted accessory use provided that:
     • (a) It is attached to a single family home (“principal dwelling”);
     • (b) The lot or parcel on which it is located conforms to the minimum lot are requirements for each dwelling in the zone district in which the caretaker dwelling unit is located, as shown in Table 5-1;
     • (c) The caretaker dwelling unit shall not exceed one thousand (1,000) net livable square feet on lots or parcels that are thirty thousand (30,000) square feet or greater in lot area, and seven hundred (700) net livable square feet on lots or parcels that are less than thirty thousand (30,000) square feet in lot area;
     • (d) The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or parcel of land (e.g., if the CDU is seven hundred (700) square feet, the maximum total area of the primary residence and other included accessory structures shall be seven hundred (700) square feet less than what would apply without the CDU);
     • (e) Two (2) off-street parking spaces shall be provided for each caretaker dwelling unit.
     • (f) The applicant shall by deed restriction or other permanent commitment running with the land guarantee that the caretaker dwelling unit:
       1. Shall not be required to be rented;
       2. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit;
       3. Shall be limited to occupancy by (i) not more than two (2) adults, and related children, who qualify as (and have been found by the Housing Office to be) employees of the community under such guidelines as may from time to time be established, or (ii) members of the owner’s immediate family, even though they may not qualify as employees of the community.
       4. Shall be rented for terms not less than six (6) months if rented.
     • (g) The Caretaker Dwelling Unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable requirements of this Land Use Code.
     • (h) The provisions of this regulation are for the purpose of providing a voluntary Caretaker Dwelling Unit on a legally created lot or parcel in the County. Any unit approved under this provision of this Land Use Code shall not be used for mitigation of employee housing requirements as established elsewhere in this Land Use Code
2. CDU As Special Review Accessory Use
   • A caretaker dwelling unit that is (a) located in the LIR-35, VR, B-2, VC, P-I, or T zone district, or (b) located on a lot or parcel that does not meet the minimum lot area requirements for each dwelling unit in the zone district where it is located, as set forth in Table 5-1, or (c) is detached from the principal single-family dwelling on the lot or parcel, shall require approval through the Special Review Use process in Chapter 2, and shall meet the requirements of subsections (1)(c) through (1)(g) above.

(f) Home Occupation

A home occupation shall:

1. Employ no more than one (1) person who is a non-resident of the premises, except in the Rural/Remote zone district, where no employees are allowed who do not reside on the premises;
2. Operate pursuant to a valid occupational license held by the resident of the dwelling unit, if applicable;
3. Be confined to no more than twenty-five (25) percent of the existing residential floor area on the property;
4. Not advertise, display or otherwise indicate the presence of the home occupation on the premises;
5. Not sell any stock in trade, supplies or products on the premises;
6. Not store outside of the dwelling unit or accessory structure any equipment or materials used in the home occupation;
7. Not utilize mechanical, electrical, or other equipment or items that produce noise, electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor or other nuisance outside the residential building or accessory structure; and
8. Not operate more than one (1) more than one commercial vehicle associated with the home occupation.

(g) Satellite Reception Device

The following standards shall apply to the installation and use of all accessory satellite reception devices in all zone districts. If the dish does not comply with the following standards, see Sec. 2-30-20(g)(8).

Satellite reception dish devices accessory to residential uses that are one (1) meter (40 inches) or less in diameter are allowed as a use by right. If located in the VR zone district such dishes shall be located so as to function effectively while minimizing visibility from neighboring properties and public rights-of-way, in order to preserve the historic character of the Redstone townsite.

Satellite reception dish devices accessory to industrial/commercial uses that are two (2) meters (80 inches) or less in diameter are allowed as a use by right. If located in the VC zone district, such dishes shall be located so as to function effectively while minimizing visibility from neighboring properties and public rights-of-way, in order to preserve the historic character of the Redstone townsite.

(h) Solar Energy Collector

1. General:
   • (a) Solar energy collectors can be an accessory use to a residential or non-residential use.
   • (b) Solar energy collectors shall be used primarily for onsite purposes, and not primarily for the generation of electricity to be used off-site.
   • (c) In the RR zone district, solar energy collectors may only be used for on-site residential purposes.
   • (d) Pursuant to Section 7-20-120(d)(4), solar energy collectors shall not protrude above a ridgeline.
   • (e) Solar energy collectors shall not shade an evapotranspiration leach field.
   • (f) Rooftop panels are preferred over ground mounted panels, unless good cause is demonstrated that ground mounted panels are considered necessary.
   • (g) Newly constructed residences shall have a minimum of 400 square feet of roof space sited for solar gain and available for the construction of solar energy collectors.
2. Roof Mounted Solar Energy Collectors – General:
   • (a) Roof mounted solar energy collectors shall not result in any structure exceeding the maximum height limit pursuant to Section 5-20-60(f).
   • (b) Roof mounted solar energy collectors are exempt from standard 7-20-120(d)(12) that regulates reflective roofs.
   • (c) Roof mounted solar energy collectors shall be generally consistent with the roof design and avoid breaking up the array into sections or “pods”.
3. Flat Roof Mounted Solar Energy Collectors:
   • (a) Solar energy collectors constructed on flat roofs can be raised up to six foot (6) above the height limit of the roof, measured to the top of the panel.
   • (b) Solar energy collectors constructed on flat roofs shall have a three (3) foot setback from the edges of the roof.
4. Pitched Roof Solar Energy Collectors:
   • (a) Solar energy collectors on pitched roofs shall not protrude above the ridge of the roof.
   • (b) Solar energy collectors on pitched roofs can be raised up to four (4) feet above the height limit of the roof, measured to the top of the panel.
5. Ground Mounted Solar Energy Collectors:
   • (a) Ground mounted solar energy collectors and other ancillary development (racking assembly, balancing system, utility boxes, etc.) shall have a “matte” finish or be of a non-reflective material/color. Equipment that is painted shall be maintained.
   • (b) Ground mounted solar collectors shall be limited to twelve (12) feet in height unless Special Review approval is granted. Special Review ground mounted panels shall not exceed sixteen (16) feet in height.
   • (c) Ground mounted energy collectors shall be measured in conformance with the applicable height regulations in the Code. However, a pit may be dug for placement of a ground mounted solar energy collector so that snow does not accumulate and block solar access. In this case, the height of the panel assembly shall be measured from the least restrictive grade.
   • (d) Ground Mounted solar energy collectors shall be located within an approved envelope pursuant to Section 2-30-20(g)(20), unless an exemption can be attained pursuant to section 7-10-30 of the Code.
6. Objections:
   • (a) If an objection is received by the date stated in the 30 day public notice, the Community Development Department shall continue the application to a public hearing before the Planning and Zoning Commission.

(i) Special Events

(1) Purposes. These standards are intended to govern the time, place and manner in which special events may be conducted on county roads, county property or private property. These standards are necessary to ensure that an event’s demands for health, fire, police, transportation, and other public facilities and services do not exceed the level of service that is normally provided in that area of the county and that the event does not create undesirable impacts on the residents of that area of the county. Specifically, the purposes of these standards are to ensure that special events:

• (a) Are conducted in a safe and orderly manner by requiring adequate provision of access, parking, sanitary facilities, utilities and security, ensuring the structural integrity and safety of temporary facilities, and requiring appropriate guarantees for site cleanup and restoration;
• (b) Are reasonably suitable for the neighborhood, considering the duration and intensity of the proposed special event, and will minimize any significant impacts of the event on surrounding landowners, residents and businesses; and
• (c) Do not create public disturbances or become public nuisances, endanger life, health or public safety, disrupt traffic, or threaten or damage public or private property.
• (d) These standards are also intended to ensure that the organizers and sponsors of special events coordinate with governmental agencies and neighbors well in advance of the date the event will be held and accommodate the requirements of those agencies and the concerns of neighbors in planning for and conducting the event.

(2) Applicability/Permit Required

• (a) These standards shall apply to any special event proposed to occur on public or private property in those zone districts listed in Table 4-1 at the locations where special events are allowed uses or master plan uses.
  1. A private and/or non-commercial special event that takes place within the Aspen or Basalt Urban Growth Boundary or within the Rural Area of Pitkin County (except for the Rural and Remote [RR] zone district) on private property that is owned or leased by the person or persons who are having the special event is exempt from the requirement to obtain a special events permit.
  2. A private and/or non-commercial special event that takes place within the Aspen or Basalt Urban Growth Boundary or within the Rural Area of Pitkin County (except for the Rural and Remote [RR] zone district) on private property that is not owned or leased by the person or persons who are having the special event is also exempt from the requirement to obtain a special events permit, but the event shall be considered a special event for purposes of determining whether the subject property meets the definition of a Special Events Venue.
  3. A private and/or non-commercial special event that takes place within the Rural and Remote (RR) zone district shall be classified as requiring no permit, a minor permit or a major permit pursuant to sub-section (d) below.
• (b) Conduct of a special event shall require a special event permit which shall be obtained from the Community Development Department.
• (c) An application for a special event permit shall be processed as an administrative review, as described in Sec. 2-30-20. This shall authorize the Community Development Director to approve, approve with conditions, or deny the application, as specified in Sec. 2-30-20 (f) or to refer the application to a higher body, as specified in Sec. 2-30-20 (i).
• (d) An application for a Special Event in the Rural and Remote (RR) Zone District may be classified by the Community Development Director as requiring no permit, a minor permit, or a major permit. The Community Development Director shall utilize Table 1, in this Code section, as applicable, as a guide in determining how to classify the special event application. The Director is also authorized to utilize his or her administrative discretion and professional judgment in making this determination.
• (e) An application that is classified as a major event shall require the County’s Special Events Committee to convene to review the permit request. The applicant shall be invited to appear before said Committee when it conducts that review.
• (f) If a special event is anticipated to occur annually, or on a periodic basis, the applicant may request a multiple-event special event permit, which may authorize the special event for up to three (3) years. Multiple-event special event permits shall require the applicant to notify the Community Development Department at least ninety (90) days prior to each event to identify the date and location of the event and any changes in the nature, size, or activities to be conducted since the preceding event covered by the permit. If proof of insurance coverage was required for previous approvals, the applicant shall submit updated evidence of insurance coverage for the dates of the upcoming event. If the Community Development Department determines that the changes in the event were not anticipated or covered by the existing permit, and could have unanticipated adverse impacts on surrounding properties or traffic on County rights-of-way, or the event has not complied with provision of previous approval(s) the permit may be revoked and/or the Department may require that the applicant apply for and receive a new special events permit or modify the event to avoid the unanticipated adverse impacts.

(3) Review Standards. The following standards provide an overall checklist for the applicant and County staff to use in preparing and reviewing a permit application. The County staff is hereby authorized to determine which of these standards should apply to the application, based on the type, scale and location of special event that the applicant is proposing.

• (a) Water Supply. The applicant shall provide an adequate and safe supply of potable water that complies with the requirements set forth by the Colorado Department of Public Health and Environment and the County Environmental Health Department.
• (b) Sewage Disposal/Toilets. The applicant shall provide an adequate number of portable toilets, including ADA accessible toilets, along with an adequate number of hand washing stations, as determined by the Environmental Health Department. Separately- enclosed toilets shall be provided for males and females. All portable toilets shall be removed immediately following the conclusion of the event.
• (c) Solid Waste/Recycling. The applicant shall present to the Environmental Health Department a plan for the sanitary collection and disposal of solid waste from the event. The plan shall describe the number of trash receptacles and recycling receptacles that will be provided and the location of said receptacles. Provision shall be made to ensure receptacles are emptied when they become full. Outdoor trash receptacles and any on- site dumpsters used to collect trash shall have a latching mechanism making them bear proof. Trash and recyclable materials shall be removed from the site immediately following the conclusion of the event.
• (d) Safety/Emergency Services. The applicant shall provide a safety and operations plan that includes procedures for dealing with on-site medical emergencies and crowd control. The plan shall address the following elements:
  • (i) First aid and other emergency services shall be provided on- site. The number of certified medical providers that shall be on-site and the required types of standby equipment that shall be available shall be determined by the Fire Marshal and the Sheriff. If necessary, an enclosed medical treatment structure shall be provided.
  • (ii) Adequate infrastructure, as determined by the Sheriff, shall be provided on-site to allow for emergency communications with hospital, police and fire services.
  • (iii) Adequate private security personnel, as determined by the Sheriff, shall be provided for crowd and traffic control at the event. The Sheriff shall have the authority to require that law enforcement personnel be on-site at the applicant’s expense to monitor crowd control and to regulate traffic. The Sheriff may require that a crowd control fence enclosing the site, with gates that allow for emergency access/egress, be provided.
  • (iv) The event (including structures, access, etc.) shall comply with all applicable building codes and fire district safety codes. Any fireworks displays or temporary tents shall require a permit issued by the appropriate County agency. All electrical cables, wires and equipment shall be covered, concealed, secured and/or located in such a manner that event participants will not be placed at risk.
• (e) Parking. The applicant shall provide a plan for on- or off-site parking facilities for the event. There shall be no parking permitted on County roads.
  • (i) Shuttle service shall be provided before, during and after the event whenever off-site parking is proposed. Event organizers should provide advance notice encouraging event participants and event workers/volunteers to carpool to the event. The applicant shall demonstrate to the Community Development Director that the access roads between the site and the parking area are capable of handling the shuttles without adversely impacting the neighborhood.
  • (ii) The parking area shall offer a sufficient number of parking spaces to accommodate the maximum number of attendees anticipated at the event. The applicant shall demonstrate to the Community Development Director that an appropriate number of entrance and exit locations will be provided and that those entries and exits offer adequate sight distances. Safe and efficient circulation routes shall be provided within the parking area. Signs may be allowed to direct participants to parking and other features of the event.

• (f) Traffic Control. The applicant shall provide a plan showing access routes to be used for the event, signs that will be used to direct traffic and whether persons will be employed to monitor and direct traffic at all points of ingress and egress and at other points around the event. Plans and routes to safely accommodate pedestrians shall also be provided.
  • (i) The applicant may need to have tow trucks available on an “on-call” basis to remove vehicles that have parked illegally on County roads.
  • (ii) Requests for full or partial closures of County roads shall be at the sole discretion of the Board of County Commissioners.
  • (iii) The applicant may be required to post signs, hand out fliers door-to-door, or take out an ad in a local newspaper or radio if traffic is expected to significantly impact the residents of the area.
• (g) Noise. The event shall comply with all applicable County noise standards. Noise that is incompatible with the surrounding area shall be prohibited. No exterior amplifiers, speakers or similar equipment shall be permitted outside of the temporary buildings, structures or tents on the site unless specifically authorized by the permit.
• (h) Lighting. Lighting sources shall be shielded and directed inward, downward, and away from adjacent properties to the maximum extent possible to ensure lighting does not shine or reflect unreasonably beyond the event’s boundaries. For events held at night, the area of assembly and primary circulation routes shall be adequately illuminated to provide for safety of participants and safe egress from the site.
• (i) Dust Control. The applicant shall provide for reasonable dust control at the event site. The applicant shall apply water to unpaved parking areas and circulation routes at least twice a day so as to mitigate dust. The applicant shall also ensure there is adequate dust control during site setup and teardown, including controlling dust on any unpaved routes event personnel will use to access the site.
• (j) Time Limitations.
  • (i) The special event permit shall specify the hours of operation for the event and shall specify the number of days a special event may be conducted.
  • (ii) Set-up for an event in the Rural and Remote (RR) zone district shall not be initiated more than 48 hours prior to the time the event is scheduled to begin and shall have no more than 48 hours to deconstruct the event. Other locations shall be initiated in conformance with the time limitations set forth in the permit for the event.
  • (iii) Any temporary structures that were erected shall be removed from the property within 24 hours after the conclusion of the special event unless the permit specifies a more or less restrictive time limit.
• (k) Food and Liquor Service. If food and beverages, including liquor, will be sold or given to participants, then food service and liquor licenses shall be obtained, as required by the Colorado Department of Public Health and Environment and the Board of County Commissioners, respectively. The applicant shall coordinate with the Environmental Health Department if there is to be food service at the event and is responsible for satisfying all applicable health code and sanitation requirements.
• (l) Insurance and Indemnification. The applicant may be required to provide proof of general liability insurance for the duration of the event as determined by the Community Development Director.
• (m) Legality of Structures. Temporary structures that are to be used in the event shall have undergone all required inspections by the Chief Building Official. Any permanent/buildings or structures that are to be used in the event shall have been built with a valid building permit or shall have obtained a temporary or final certificate of occupancy from the Chief Building Official.
• (n) Site Restoration. The grounds shall be maintained each day of an event. The applicant shall submit an irrevocable letter of credit, bond, damage/cleanup deposit or other cash guarantee, in an amount to be determined by the County. The guarantee shall cover site grading, restoration, removal of structures and cleanup to ensure the site is restored to its former condition and any damages are repaired.
• (o) Master Plan. The proposed special event shall be consistent with the applicable County Master Plan
• (p) Neighborhood Compatibility. The proposed special event shall be generally compatible with the character of the neighboring land uses.
• (q) Specific Standards for the Rural and Remote (RR) Zone District. Within the Rural and Remote (RR) Zone District tent structures shall not exceed 1,000 square feet in size and no more than 200 people shall congregate at an event. However, more than 200 people may attend an event that passes through the Rural and Remote (RR) Zone District, such as an athletic race or similar type of event. A Special Events Venue is a prohibited use in the Rural and Remote (RR) zone district so more than 3 events at a site per calendar year are not permitted.

(4) Additional Standards Applicable to Particular Areas of the County

(5) Violations and Penalties

• (a) Chapter 10 of the Land Use Code sets forth Pitkin County’s procedures to address violations of land use approvals and the penalties that may be applied when enforcing the Code. The County staff is hereby authorized to apply those procedures and penalties to the enforcement of violations of a special events permit.

Notes:

1. An application for a special event shall be classified by the Community Development Director as requiring no permit, a minor permit or a major permit, using the criteria in this table as a guide in making this determination. The Director is authorized to utilize his or her administrative discretion and professional judgment in classifying the application.
2. If an event has any single characteristic that would place it into the next higher permit category then it may be classified as requiring that type of permit. So, for example, an event that does not require a permit due to its number of attendees and single day duration but which would erect more than 400 sq. ft. in structures/tents could be classified as one which requires a minor event permit.
3. No more than 200 persons shall congregate for an event in the Rural and Remote (RR) Zone District. However, more than 200 people may attend an event that passes through the Rural and Remote (RR) Zone District, such as an athletic race or similar type of event.
4. If more than 3 special events are planned to occur at a site or in a building within a calendar year, then the site or building must receive special review approval as a “Special Events Venue” to authorize that frequency of events. However, Special Events Venue is a prohibited use in the Rural and Remote (RR) zone district so more than 3 events at a site per calendar year are not permitted.

(j) Use Specific Standards for Special Events Venue

1. An applicant for a special events venue shall provide a plan for the proposed use describing the site on which the use would occur and how the venue would be operated. The plan shall, at a minimum, describe the following aspects of the proposed use:
   • (a) Whether events would occur indoors, within a permanent structure, in temporary, tent-like structures, outdoors, or some combination of these approaches. The applicant shall describe whether any new structures will be built or existing structures will be expanded and provide drawings illustrating any such structures.
   • (b) The number of events anticipated per calendar year, including the number of times per week or month that the venue would be operated. The times of day when events would take place shall also be specified. The maximum number of attendees at events shall be stated.
   • (c) Whether employees will be hired to provide support services to the venue or if those services will be provided under contract by other businesses.
   • (d) The plan shall also provide responses to the applicable review standards for special events that are listed in Sec. 4-30-50 (j). This shall include describing how the venue will provide an adequate water supply, properly disposal of sewage and solid waste, provide parking, ensure there is a safe environment for conduct of events at the venue, and control impacts such as traffic, noise, lighting, dust and similar matters.
2. The applicant for a special event venue shall demonstrate that the proposal complies with the standards for special review uses listed in Sec. 2-30-30 (h) (2). Public noticing is required as described in Chapter 2, Table 2-1
   • (a) In its consideration of the standards for special review uses, the Board shall give particular consideration to the proximity of the proposed venue to surrounding residential areas and whether events that are proposed to occur at the venue would be consistent with the character of the neighborhood or would be disruptive to neighbors. This shall take into account whether the venue has a permanent structure in which events would take place, and the extent to which events would occur outside or in temporary, tent-like structures. If temporary structures are to be erected, the applicant shall describe for how long those structures are expected to stand. This shall also consider whether the proposed events would have amplified music, fireworks, or similarly impactful activities that occur outside.
   • Consideration shall also be given to the frequency of the events planned for the venue and the time of day when events would be scheduled.
   • (b) The Board shall also consider any prior approvals that were granted to the structure or site to be used as a venue, including whether any limitations or conditions were placed on such prior approvals, and whether designation of the structure or site as a special events venue would be consistent or inconsistent with the representations made and the conditions imposed on those prior approvals.
   • (c) Within 30 days of the anniversary of a Special Events Venue approval, the Applicant shall submit an “annual review” to the Community Development Director that outlines the operation for the year. This outline shall include information about the preceding year of operations, any changes to the approved plan that have occurred, and any complaints received. The annual review shall be heard before the BOCC at a duly noticed public hearing. The BOCC may, at its discretion, modify or revoke the Special Review approval at this public hearing.

(k) Wind Powered Electric Generator

1. Only wind powered generators with a rated capacity of less than two hundred fifty (250) kilowatts are permitted as accessory uses. Wind powered generators with higher rated capacities are only permitted as a major public facility.
2. A maximum of one (1) small wind powered electric generator may be accessory to a residential or non-residential use.
3. A wind powered electric generator shall be used primarily for private purposes, and not primarily for the generation of electricity to be used off-site.
   • The maximum height of a wind powered electric turbine shall not exceed eighty (80) feet, measured from the ground to the tip of the blade in its tallest position, and the minimum height of the turbine blade above ground level shall not be less than twenty (20) feet.
4. No part of any wind powered electric generator, including guy wire anchors, may extend closer to any property boundary than the height of the tower.
5. Except during severe wind storms, wind powered electric generators shall not cause a sound level exceeding fifty (50) dba, as measured at the closest neighboring inhabited dwelling.
6. All wind powered electric generators shall meet all applicable requirements of the Land Use Code, applicable adopted building codes, the National Electric Code, and regulations of the Federal Aviation Administration.

(l) Micro Hydroelectric Energy System

1. Wheel turbines, generators, and other mechanical equipment shall be enclosed in a wheelhouse/pumphouse structure. The structure shall be detached from other structures and sized only to house necessary mechanical equipment for the hydroelectric system.
2. Only one structure for housing equipment mentioned above shall be permitted.
3. Maximum size for this structure shall be 150 square feet, eight (8) feet in height, and used solely for hydro electricity generation.
4. The maximum size of a system shall be 500 kw.
5. The system shall be designed to blend in with its natural surroundings and be of earth tone colors. All system components, including the structure and pipes shall not create visual or auditory impacts, or create impediments or other unnatural hazards upon wildlife.
6. Systems in place in fish bearing streams must have structures installed, which prevent fish from entering the system.
7. A System shall be designed to reduce the length of the reach of the diversion as much as possible in an effort to avoid de-watering a stream.
8. The system must be in compliance with Federal Energy Regulation Commission 4.30(29) and other applicable standards, such as U.S. Army Corps of Engineer Permitting, State Water Resources Permitting and appropriate water rights.
9. Dams are not allowed for micro hydroelectric systems. Partial diversion structures such as weirs or head gates are allowed with proper permitting. Diversions from the river/stream shall be designed so that minimum stream flows are not threatened in the reach between the intake and the return of the hydroelectric system.
10. If a system is not in continuous use for more than one (1) calendar year for reasons other than low stream flows, disruption to stream habitat, or drought, the structures associated with a hydro electric system may be required to be removed. Prior to issuance of a permit for the micro hydroelectric system, the applicant shall grant Pitkin County a non-revocable license to enter the property for decommissioning the system. A covenant shall also be recorded that acknowledges that the property owner shall bear the cost of decommissioning the facility. This cost will include rehabilitation of the site.
11. A system shall also comply with Section 7-20-80(c) if it is proposed within the riparian and wetland setback.
12. Micro hydroelectric generation systems that do not divert water from a creek or stream but, from an irrigation ditch and does not disrupt stream/riparian habitat or encroach into a streamside setback shall be reviewed by the Community Development Director through Site Plan review. Section 7-10-30: Exempt Development Activities could apply if the system is not located within a constrained area as defined by Chapter 7. In all cases the proposal must contain proof of adequate water rights.
13. The County shall review the impacts of a micro hydroelectric system on the natural environment with consideration given to the intensity and amount of electricity generated by the system.
14. Appropriate water rights and an augmentation plan shall be submitted for review and approval if the micro hydroelectric system proposes construction of ponds and/or storage reservoirs.

(m) Snow Dumping/Trucking/Storage

When a special review use is requested for a snow storage area, the applicant shall comply with the following conditions when siting the storage area:

1. Setbacks
   • (a) Setbacks shall be regulated by Section 7-20-80 and Chapter 5.
2. Slopes
   • (a) Slopes in excess of 10% shall be avoided
3. Groundwater
   • (a) Snow storage and/or dumps shall not be located in areas of high groundwater.
   • (b) It must be demonstrated that the groundwater high water mark is four (4) feet or more below snow storage area.
4. Flood plain
   • (a) Snow storage areas shall not be located within the 100-year floodplain
5. Surface Runoff
   • (a) Snow storage shall not result in surface runoff unless best management practices are utilized to remove sediment and other contaminants from melt water and promote infiltration vs. runoff
6. Dumping into waterway or water-body
   • (a) Snow storage areas shall comply with section 7-20-80(d)(12)
   • (b) Snow shall not be pushed or dumped into any waterway or water-body at any time.
7. Refuse removal/disposal
   • (a) It will be a condition of approval that at the end of each winter season (when all snowmelt is complete) that documented cleanup occurs at the site to remove non-snow refuse from the storage site.
8. Scenic Impact Consideration
   • (a) Potential scenic impacts of the location of proposed snow storage areas shall be addressed in the application.
9. Revegetation
   • (a) If a snow storage area is abandoned for more than two years, revegetation of the site (where necessary) is required.
10. Trips
    • (a) The Applicant shall present a dumping schedule for consideration that includes hours of operation and estimated number of trucks per hour/day, source of snow, and load size in average volume.
11. A log shall be created of the criteria outlined in condition #10(a) and submitted for review to the Community Development Department, annually, when soil monitoring tests are submitted.
12. Noxious Weed Control
    • (a) The Applicant is required to control for noxious weeds.
13. Snow dump sites shall be sited at least 200 feet from private wells and public water systems. The 200 foot setback from a public water system shall be measured from the source from which water is collected for the public water system.
14. A snow dump site shall be located at least fifty feet (50’) from a property line. The BOCC may increase this setback if it is found that runoff or other negative impacts may implicate an adjacent property. The BOCC may decrease this setback if it is found that runoff or other negative impacts will not implicate an adjacent property.
15. An Applicant for an existing snow dumping site shall test soil annually in the spring, or after the dumping site has melted. An applicant for an initial snow dumping site shall provide soil test results in their application to the Community Development Department. In both cases, the following contaminants shall be tested.

• Volatile Petroleum Hydrocarbons (VPH)
• Extractable Petroleum Hydrocarbons (EPH)
• B-Tex Test
• Oil and Grease
  • (a) Sampling testing shall occur on each snow dump site. If a dumping site is larger than one (1) acre every acre of the snow dump site shall be tested.
  • (b) Testing shall occur on the down gradient of the site, and the test sample should be taken from an eight (8) inch depth.
  • (c) The threshold levels for the B-tex test shall be as follows:
    • Benzene = 1ppm
    • Toluene = 1000 ppm
    • Ethylbenzene = 1000 ppm
    • Xylene = 280 ppm
  • (d) The threshold levels for Total Petroleum Hydrocarbonds (TPH) shall be 500 ppm. TPH is the sum of VPH, EPH, and Oil and Grease.
  • (e) If testing shows that a site is over any of the thresholds mentioned above, the Applicant shall not be allowed to dump snow at that site and reapplication will be required.