This section sets forth the rules that Pitkin County will use to measure those dimensional standards set forth in this Chapter, as well as similar dimensional parameters referenced throughout this Land Use Code. Many of the terms used in this section are defined in Chapter 11.
Lot area is used as a basis of determining allowable floor area in zone districts that have floor area ratios. In calculating Lot Area, the following areas shall be excluded from Lot Size:
(Code repealed and reenacted (all sections) by Ord. 014-D-2006, 07-05-06; § 5-20-10 (part) amended Ord. 001A & B-11, 01/12/11)
Table 5-1 above sets forth maximum FAR or size of development in each zone district. A subdivision or other development application is not automatically entitled to the maximum density and/or floor area allowed in the zone district in which the land is located. Density and permitted floor area shall be established based upon compliance with adopted standards and consideration of adopted plans and policies.
Road setback is measured horizontally from edge of right-of-way
(a) Front yard setbacks are measured as the least horizontal distance between any point on the front lot line and point of the structure or use (such distance being referred to as the "front yard setback"). If there is uncertainty as to which yard is the front yard for a parcel, then the front yard shall be designated as the one from which access is taken, or if access is taken from more than one adjacent road, then the Community Development Director shall determine which yard is the front yard for zoning purposes, based on which is the predominant access road and which designation will minimize adverse impacts on surrounding properties.
(b) Rear yard setbacks are measured as the least horizontal distance between any point on the rear lot line and point of the structure or use (such distance being referred to as the "rear yard setback"). In the event of a triangular lot, the owner shall designate one line as the side and one as the rear lot line.
(c) Side yard setbacks are measured as the least horizontal distance between any point of the structure or use (such distance being referred to as the "side yard setback"). In the event of a triangular lot, the owner shall designate one line as the side and the other as the rear lot line.
(d) Whenever, due to irregular or unique property outlines or other circumstances, more than one setback requirement could apply to one property frontage, the most restrictive of the multiple setbacks shall be used, so that the setback from the right-of-way is maximized.
(a) General
(b) Permitted Encroachments into Stream Setbacks
Maximum permitted building height shall be measured based on the criteria in a-g, except as modified in (h) for the RR zone district in (i) for the VC and VR zone districts, and in (k) for Accessible ANSI Residences.
(a) On Pitched and Gambrel Roofs
(b) On Flat, Shed, Dome and Barrel Roofs
(c) Multiple Roofs
(d) Measurement Vertically
(e) Encroachments
(f) Maximum Height with Encroachments
(g) Building Components
(h) RR Zone District
(i) VC and VR Zone Districts
(j) Exempt Agricultural Buildings
(1) Hay Storage Building:
30’ Maximum to Top of Ridge 20’ Maximum to Top of Ridge
20 to <35 acres 224 square feet 336 square feet
35 to <70 acres 448 square feet 672 square feet
70 to <160 acres 672 square feet 1,008 square feet
160 + acres Unlimited Unlimited
(2) Livestock Run-In or Loafing Shed: shall not exceed 12 feet (12’) to the top of the ridge with a minimum 3:12 roof pitch with a shed roof
(3) Agricultural Equipment Storage Building: shall not exceed 16 feet (16’) to the top of the ridge
(4) Barns:
(5) Greenhouses:
(k) Accessible ANSI Residences
No exemption from height restrictions shall be available for Qualified Elevators where a portion of the shaftway wall meets grade on the perimeter of the front façade of a residence.
A Qualified Elevator is defined as one which is designed for residential use, equipped and certified for low service headroom, accommodates accessibility, and is sufficient in size to allow and assistant to ride in the elevator as needed.
(Code repealed and reenacted (all sections) by Ord. 014-D-2006, 07-05-06; § 5-20-60 (part) amended Ord. 001A, 001B-11, 01-12-11 Ord. 011-11, 08-10-11; Ord. 038-12, 12-19-12; Ord. 032-14, 10-08-14)
Floor area shall be measured based on the criteria in (a-e) except as modified in (f) for lots in the Urban Growth Boundary area that are located in zone districts with floor area ratios, in (g) for the VC and VR zone districts, and in (h) for the RR zone district.
(a) General
(b) Roof and Deck Overhangs
(c) Decks, Balconies, Stairways and Similar Features
(d) Crawl Spaces
Vertical Crawl Spaces shall be exempt from floor area calculations, provided they comply with the following:
(e) Attic
(f) Gas Station Canopies
(g) Additional Provisions for Zone Districts within the Urban Growth Boundary Area Subject to Floor Areas Ratios
(h) Additional Provisions for VC and VR Districts
(i) Provisions for the RR Zone District
(j) Floor Area Exemptions for Agricultural Buildings:
(1) Hay Storage Building: To be exempt from floor area, a hay storage building must meet all of the following criteria:
30’ Maximum to Top of Ridge 20’ Maximum to Top of Ridge
20 to <35 acres 224 square feet 336 square feet
35 to <70 acres 448 square feet 672 square feet
70 to <160 acres 672 square feet 1,008 square feet
160 + acres Unlimited Unlimited
(2) Livestock Run-In or Loafing Shed: To be exempt from floor area, a livestock run-in or loafing shed must meet all of the following criteria;
(3) Agricultural Equipment Storage Buildings: To be exempt from floor area, an agricultural equipment storage building must meet all of the following criteria:
(4) Barns: To be exempt from floor area, a barn must meet all of the following criteria:
(5) Greenhouses: To be exempt from floor area, a greenhouse must meet all of the following criteria:
(6) Agricultural Building Review Committee: The Agricultural Building Review Committee shall review land use and building permit applications for 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.
(7) Agricultural Buildings Constructed Prior to October 18, 2011: Agricultural buildings legally constructed prior to October 18, 2011 shall count towards the floor area exemptions for agricultural buildings provided herein.
(8) Occupancy Covenant and Agreement: An Occupancy Covenant and Agreement shall be recorded against a property that takes advantage of a floor area exemption for an agricultural building, prior to issuance of a building permit for a new or expanded agricultural building. The Occupancy Covenant and Agreement shall specify that the exempt floor area may only be used in association with the raising, producing, or keeping of plants or livestock, or cultivation and management of other crops or farm products, and that any area not consistent with those uses would count as floor area. The Occupancy Covenant and Agreement shall also allow the county to inspect the agricultural building at any time for compliance with the specified use limitations, subject to the provision of reasonable notice to the property owner. The form of the Occupancy Covenant and Agreement shall be approved by the County Attorney.
(9) Common Agricultural Buildings: Within a Board approved subdivision or PUD in the AR-10, RS-20, RS-30, RS-35, LIR-35 or RS-160 zone districts, where agricultural buildings are limited to a common lot/parcel and prohibited on individual lots/parcels as part of the subdivision or PUD approval, the total acreage of all of the lots within the subdivision or PUD may be utilized to determine the common agricultural building floor area exemption. This provision may be utilized for a common parcel within a development of parcels in excess of thirty-five (35) acres not within a Board approved subdivision or PUD pursuant to the procedures of Sec. 2-30-20 and the criteria of Sec. 2-30-30(h)(2).
(10) Review Provision: This floor area exemption for agricultural buildings (Sec. 5-20-70.i) as a whole shall be reviewed by the Board of County Commissioners after four years from October 18, 2011. The purpose of the review will be to review how the exemptions have been used, and whether the exemptions shall be retained, modified or repealed.
(k) Floor Area Exemptions for American Nation Standards Institute (ANSI) Residences
The following exemptions shall only be available where:
(Code repealed and reenacted (all sections) by Ord. No. 14-D, 2006; § 5-20-70 (part) amended Ord. 010-2008, 03-26-08; Ord. 001A & 001B-11, 01-12-11 Ord. 011-11, 08-10-11; Ord. 038-12, 12-19-12; Ord. 019-2013, 08-14-13; Ord. 032-14, 10-08-2014; (Ord. 006.16, 02-24-2016)
Gross floor area is calculated by adding areas included in the measurement of floor area, pursuant to Sec. 5-20-70, and the following exemptions from floor area: below-grade space, garages and carports, and ANSI compliant residences pursuant to Sec. 5-20-70(g)(1 and 2) and (k). Gross floor area measurement excludes agricultural buildings as specified in Sec. 5-20-70(i) and other floor area types exempt from the calculation of floor area pursuant to Sec. 5-20-70(a-e).
(Code repealed and reenacted (all sections) by Ord. 014D-2006; § 5-20-70 (part) amended by Ord. 010-08, 03-26-08 Ord. 038-12, 12-19.2012)
Usable open space is measured as that portion of the lot or parcel not occupied by structures, but excluding rights-of-way, streets, parking areas, and slopes over thirty (30) percent.
In measuring a front, side, or rear yard setback, the horizontal distance between the lot line and the closest projection of the principal or accessory structures shall be used. Required front, rear, and side setback areas shall be unoccupied and unobstructed from the natural grade skyward, except as provided below:
(Code repealed and reenacted (all sections) by Ord. 014D-2006; § 5-20-100 (part) amended by Ord. 038-12, 12-1-2012