7-20 Rural Character, Environmental Protection and Natural Hazards

(a) Grading and Fill Placement

• Grading and filling on a site shall take place only within a defined Activity Envelope. All grading and fill placement that exceeds fifty (50) cubic yards shall be indicated on the Site Plan.

(b) Clearing, Grubbing, and Vegetation Removal

• Clearing or grubbing of land, or removal of vegetation shall take place only within an approved Activity Envelope except for the removal of noxious weeds. Each Site Plan shall document compliance with the requirements of this Sec. 7-20-10(b) and Sec. 7-20-130

(c) Protection of Natural Terrain

• The County Planning Engineer or Community Development Director shall suggest and may require design and construction techniques that lessen or mitigate any physical and visual damage caused by the proposed activity or development to Constrained Areas or to the natural terrain, stream vegetation, and other natural features of the landscape within the Activity Envelope. Techniques shall include, but are not limited to:

The following provisions shall apply whenever steep slopes or potentially unstable slopes occur within the Activity Envelope, but do not apply when the Activity Envelope have been defined to avoid such areas.

(a) Slope Delineation

Slopes shall be delineated within the Activity Envelope with two (2) foot contour intervals. Slopes between each two (2) foot contour in each of the following categories shall be designated by a distinct graphic pattern.

1. Slopes that are fifteen (15) percent or greater, but less than thirty (30) percent;
2. Slopes that are thirty (30) percent or greater, but less than forty-five (45) percent;
3. Slopes that are forty-five (45) percent or greater.

(b) Forty-five (45) Percent or Greater Gradient

Development is prohibited on slopes with a slope gradient equal to or exceeding forty-five (45) percent, except:

1. Where:
   • (a) The lot is in a legally platted subdivision, recorded prior to 1972, and
   • (b) There is no alternative building site that avoids areas of slope exceeding forty-five (45) percent, and
   • (c) An engineer or geologist licensed in the State of Colorado demonstrates that the site can be engineered so that there is no hazard posed by the location of development on such slopes, and
   • (d) The proposed development complies with all standards in subsection (c)(1) below applicable to slopes of thirty (30) percent or greater; and
2. As provided in subsections (c)(3) or (c)(4) below.

(c) Thirty (30) Percent or Greater Gradient

Development is prohibited on slopes with a slope gradient of thirty (30) percent or more, except as follows:

(1) No Alternative Building Site

• If there is no alternative building site available on the parcel with slopes of less than thirty (30) percent, development (but not roads or driveways) may be approved by the Community Development Department through the Site Plan process subject to the following development standards:
  • (a) An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the site can be engineered so that there is no hazard posed by the location of development on such slopes.
  • (b) To the extent possible, the development shall be designed so as to: avoid adding water to the site that would cause decreased stability; avoid removing the toe of the slope without adequate mechanical support; avoid increasing the weight load on top of the slope; re-contour disturbed slopes so that they can be re-vegetated; avoid steepening of existing slopes.
  • (c) Any development approved pursuant to this section shall be conditioned upon compliance with the engineer or geologist’s recommended mitigation measures.
  • (d) Following Site Plan review, and prior to the application for a Building Permit, a precise engineer or geologist approved mitigation plan shall be submitted by the applicant that shows the area of disturbed slope, any re-grading required and the exact size and location of all mitigation devices. The mitigation measures must be determined by the Community Development Department to be the least visually and ecologically obtrusive alternatives.

(2) Parcels with Some Areas of Less than Thirty (30) Percent Slopes

• (a) If a parcel contains areas with less than thirty (30) percent slopes that are accessible by a road or driveway that meets the requirements of this Land Use Code, but such areas (after exclusion of Constrained Areas) are not large enough to develop the floor area permitted by underlying zoning, then areas containing slopes of less than thirty (30) percent must be utilized to develop as much of the floor area as can feasibly be accommodated. Areas containing slopes of thirty (30) percent or greater (but not exceeding forty-five (45) percent) may then be used for development of the remainder of the permitted floor area. The resulting area specified for development should define a contiguous area with slopes of less than thirty (30) percent to the maximum extent practicable.
• (b) Development on slopes equal to or exceeding thirty (30) percent (but less than or equal to forty-five (45) percent) shall be subject to the development standards in Sec. 7-20-20(c)(1)(a) through (d)., and shall minimize disruption of natural terrain as viewed from any of those roads identified in Sec. 7-20-120(b).

(3) Minor Slope Anomaly

• Through the Site Plan process, exceptions for minor changes in slope-development may be permitted on lands that have a slope equal to or in excess of thirty (30) percent when the slope is due to the presence of a minor natural or minor man-made change in the gradient of a continuous slope, provided that an engineer or geologist licensed in the State of Colorado demonstrates that the slope's ground surface is not prone to instability or failure and that the proposed development will not cause greater instability or increase the potential for slope failure.

(4) Existing Roads and Driveways

• Through the Site Plan process, an exception for minor road and driveway improvements may be permitted to existing roads and driveways that traverse previously disturbed slopes equal to or in excess of thirty (30) percent, provided that the applicant demonstrates that all of the following conditions are met:

• (a) The road or driveway was legally created, as demonstrated by (i) a valid copy of the permit for the road or driveway, or (ii) evidence that the road or driveway was constructed prior to the County’s road or driveway permit system in 1993, or (iii) that a permit was not required to construct the road or driveway.
• (b) The proposed use of the road is an existing legal use (i.e., if residential development is proposed, it shall be demonstrated that the road already services an existing, legal residential structure). The current use of the road or driveway shall not change between residential, commercial, lodging or industrial use. No road improvements shall be permitted pursuant to this provision to allow the development of any structure where there is no pre-existing, legal structure (e.g., a mining road or jeep road that provides access to a vacant parcel shall not be improved pursuant to this provision to create access to a new residence).
• (c) The improvements shall be limited to existing roads and driveways that traverse previously disturbed slopes equal to or in excess of thirty (30) percent and comply, or can comply without impacting slopes equal to or in excess of thirty (30) percent, with the minimum requirements in the Pitkin County Road Management and Maintenance Plan for width, grade and curvature. New road and driveway improvements that traverse undisturbed slopes equal to or in excess of thirty (30) percent are prohibited.
• (d) The improvements shall be minor in scope and shall be the minimum required to ensure the safety of both the general public and safety agency personnel. Improvements that may be permitted pursuant to this provision may include, but not be limited to, pullouts, turnarounds or grading, if the road or driveway otherwise complies with the standards of the Pitkin County Road Management and Maintenance Plan. Improvements that would create further impacts on slopes equal to or in excess of thirty (30) percent in order to bring an existing road or driveway into compliance with the minimum standards of the Pitkin County Road Management and Maintenance Plan are prohibited.
• (e) An engineer or geologist licensed in the State of Colorado demonstrates that the slope’s ground surface is not prone to instability or failure, and that the proposed improvements will not cause greater instability or increase the potential for slope failure.

(5) Short Driveway Encroachments

• Through the Building Permit process, an exception for short driveway encroachments may be permitted as follows:
  • (a) This exception may only be utilized where there is no alternative alignment on slopes less than thirty (30) percent and the proposed driveway is free of all of the following hazards: high hazard avalanche zone (red zone) and moderate hazard avalanche zone (blue zone), landslide areas, or rockfall areas. (See Sec. 7-20-50).
  • (b) For a maximum of one-hundred (100) linear feet per lot or parcel, the driveway may encroach on slopes between thirty (30) percent and a maximum of forty-five (45) percent gradient. The maximum of one hundred (100) linear feet of permitted encroachment shall be measured along the centerline of the driveway.
  • (c) All development permitted pursuant to this section shall be subject to the development standards of Sec. 7-20-20(c)(1)(a) through (d).

(6) Micro Hydroelectric Systems

• Construction and maintenance of micro hydroelectric system improvements on steep slopes may be approved by the BOCC through the Special Review and Site Plan process subject to the following development standards:
  • (a) An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the site can be engineered so that there is no hazard posed by the location of the system components on such slopes.
  • (b) To the extent possible, the system components shall be designed so as to: avoid adding water to the site in a manner that would cause decreased stability; avoid removing the toe of the slope; re-contour disturbed slopes so that they can be revegetated; avoid steepening of existing slopes.
  • (c) Any development approved pursuant to this section shall be conditioned upon compliance with the engineer or geologist’s recommended mitigation measures.
  • (d) Following site plan review and prior to the application for a building permit, a precise engineer or geologist approved mitigation plan shall be submitted by the applicant that shows the area of disturbed slope, any re-grading required and the exact size and location of all mitigation devices. The mitigation measures must be determined to be the least visually and ecologically obtrusive alternatives, and can include but are not limited to hand-burial or non-burial of transmission pipelines; prohibition of the use of excavation equipment for foundation improvements; and the positioning of facilities so that vegetation removal is kept to a minimum.

(7) Habitable Retaining Structures

• Through the Site Plan process, an exception for "habitable retaining structures" and similar types of construction may be permitted at the toe, or along the base of slopes equal to or in excess of thirty (30) percent, including slopes in excess of forty-five (45) percent. This section shall not modify other prohibitions on development including but not limited to those in Section 7-20-50 Geologic Hazards. This section is available only when all of the following conditions are met:
  • (a) The property on which the habitable retaining structures are proposed to be built has previously been developed with a structure(s) that meets County Codes for human habitation and that was built pursuant to valid County land use approvals and building permits (as applicable).
  • (b) An engineer or a geologist licensed in the State of Colorado has provided a report demonstrating to the satisfaction of the BOCC that the site can be engineered so there is no hazard posed by the location of the proposed habitable retaining structures on such slopes.
  • (c) The proposed structures shall be designed to function principally as retaining structures, but may also be permitted for human habitation. A habitable retaining structure that also meets the Code definition of a residential dwelling unit, or is a structure that would typically be accessory to a residential dwelling (such as a garage), or any structure that includes plumbing facilities shall not be allowed pursuant to this sub-section.
  • (d) The proposed development at the toe or base of the slope shall be designed to avoid adding water to the site that would cause decreased stability or would increase the weight load on the top of the slope.
  • (e) Slopes that are disturbed by the proposed development shall be re-contoured so they can be re-vegetated, and a plan for such re-vegetation shall be provided which restores the exposed slopes to a stable, natural condition.
  • (f) The proposed habitable retaining structures shall comply with the standards for retaining walls found in Section 7-20-20 (e) (6) of this Code as applicable, but shall not be subject to the limits on changing natural grade, the limits on graded, excavated or filled man-made slopes, and the guidelines for retaining walls found in Section 7-20-20 (e) (2), (3), and (5) of this Code.

(8) Pitkin County Solid Waste Center Operations

• The BOCC may authorize the following types of activities to occur at the Pitkin County Solid Waste Center through the PUB Zone District Master Plan process:
  • (a) Earth moving and similar types of land-disturbing activities necessary to operate the Solid Waste Center on man-made slopes that are in excess of thirty percent (30%) shall be exempt from the provisions of this Sec. 7-20-20 of the Land Use Code if they occur within the “Limit of Earth Moving Activity” line depicted on the adopted Solid Waste Center Master Plan.
  • (b) Earth moving and similar types of land-disturbing activities necessary to operate the Solid Waste Center may also be authorized to occur on natural slopes that are in excess of thirty percent (30%) within the “Limit of Earth Moving Activity” line depicted on the adopted Solid Waste Center Master Plan provided the applicant demonstrates that all of the following conditions are met:
    1. The applicant shall demonstrate that there are no alternative locations available within the Limit of Earth Moving Activity line where the proposed earth moving or similar land-disturbing activities could occur that would avoid disturbing slopes that are in excess of thirty percent (30%).
    2. A plan shall be presented that was prepared by an engineer or a geologist licensed in the State of Colorado that demonstrates that there will be no hazard posed by the proposed earth moving or similar land-disturbing activities on slopes in excess of thirty percent (30%).
       • (a) The plan shall show the area of disturbed slope, any re-grading that will occur, and the size and location of any planned mitigation measures, including how disturbed slopes will be re-vegetated.
       • (b) The plan shall receive the approval of the State of Colorado (if such approval is necessary).
       • (c) The plan shall demonstrate that the slopes resulting from the earth moving or similar land disturbing activities will be stable.
    3. This exemption shall not be used to authorize development of a structure on a slope in excess of thirty percent (30%) and may only be used to authorize earth moving and similar types of land-disturbing activities on such slopes.

(d) Less Than Thirty (30) Percent Gradient

• Development is permitted on slopes with less than a thirty (30) percent gradient. Additional Standards

(e) All activity and development on slopes with a gradient of thirty (30) percent or greater shall comply with the following standards.

1. Density Slope Reduction
   • If more than thirty (30) percent of the total land area of parcel is encumbered with slopes of forty-five (45) percent or greater, the maximum permitted density of development on the parcel shall be reduced pursuant to Sec. 5-10-20.
2. Limits on Changing Natural Grade
   • The original, natural grade of areas within the Activity Envelope shall not be raised or lowered more than four (4) feet at any point for construction of any structure or improvement, except:
     • (a) The site’s original grade may be raised or lowered a maximum of seven (7) feet if retaining walls are used to reduce the steepness of man-made slopes, provided that the retaining walls comply with the requirements set forth in this section.
     • (b) As necessary to construct a driveway from the street to a garage or parking area, grade changes or retaining walls up to seven (7) feet may be allowed.
3. Grading for Accessory Building Pads Discouraged
   • Separate building pads for accessory buildings and structures other than garages, such as tennis courts, swimming pools, outbuildings, and similar facilities, shall be discouraged except where the natural slope is twenty (20) percent or less.
4. Limits on Graded, Excavated, or Filled Man-Made Slopes
   • (a) Where grading, excavation, or filling is necessary, grading, excavation, or filling to create slopes of twenty-five (25) percent or less is strongly encouraged.
   • (b) Graded or filled man-made slopes shall not exceed a slope of fifty (50) percent.
   • (c) Cut man-made surfaces or slopes shall not exceed a slope of fifty (50) percent unless a soils engineering or a geotechnical report is furnished stating that the site has been investigated and that in the opinion of a qualified professional a cut at a steeper slope will be stable and not create a hazard to public or private property.
   • (d) All cut, filled, and graded slopes shall be recontoured to the natural, varied contour of the surrounding terrain.
5. Guidelines for Retaining Walls
   • Use of retaining walls is encouraged to reduce the steepness of man-made slopes and to provide planting pockets conducive to revegetation.
     • (a) Retaining walls may be permitted to support steep slopes but should not exceed four (4) feet in height from the finished grade, except for (i) a structure’s foundation wall, or (ii) as necessary to construct a driveway from the street to a garage or parking area, or (iii) as otherwise expressly allowed by this Land Use Code.
     • (b) A retaining wall should not exceed seven (7) feet in height. Retaining walls greater than four (4) feet in height shall be supported by appropriate engineering and reviewed and approved by the County Engineer.
     • (c) Terracing should be limited to two (2) tiers. The width of the terrace between any two four (4) foot vertical retaining walls should be at least three (3) feet. Retaining walls higher than four (4) feet should be separated from any other retaining wall by a minimum of five (5) horizontal feet. Terraces created between retaining walls shall be permanently landscaped or revegetated with native vegetation.
     • (d) Retaining walls used to support existing road cuts may exceed (a), (b), and (c) of these guidelines.
6. Standards for Retaining Walls
   • (a) Retaining walls shall be faced with stone or earth-colored materials similar to the surrounding natural landscape.
   • (b) All retaining walls shall comply with the adopted building code, except that when any provision of this section conflicts with any provision set forth in the adopted building code, the more restrictive provision shall apply
7. Detention/Stormwater Facilities
   • Where detention basins and other storm and erosion control facilities may be required, any negative visual and aesthetic impacts on the natural landscape and topography shall be minimized to the maximum extent practicable.
8. Utility Cuts
   • Utility cuts on any slope with a gradient of fifteen (15) percent or greater shall be reviewed through the Site Plan process.
9. Revegetation Required
   • Any slope exposed or created in new development shall be landscaped or revegetated pursuant to the standards and provisions set forth in Sec. 7-20-130 as well as the revegetation standards in the Pitkin County Revegetation Guide, the Pitkin County Landscaping Guidelines maintained by the Pitkin County Public Works Department, and the Roadway Landscaping Guidelines included in the Pitkin County Asset Management Plan, as applicable. In the event those documents contain inconsistent requirements with regard to a particular area of land, the stricter provision shall govern.

(a) Applicability

• The water resources standards in this Sec. 7-20-30 are applicable to all development.

(b) Encroachment or Channeling

• Encroachment or channeling activities in a river, stream (including intermittent streams), pond, wet meadow, or wetland are also subject to the requirements of Secs. 7-20-40 and 7-20-80 of this Land Use Code, as well as all other applicable state and federal statutes and regulations (including, but not limited to the U.S. Army Corps of Engineers permitting requirements of Section 404 of the Federal Clean Water Act).

7-20-30: WATER COURSES AND DRAINAGE

(a) Applicability

• The water resources standards in this Sec. 7-20-30 are applicable to all development.

(b) Encroachment or Channeling

• Encroachment or channeling activities in a river, stream (including intermittent streams), pond, wet meadow, or wetland are also subject to the requirements of Secs. 7-20-40 and 7-20-80 of this Land Use Code, as well as all other applicable state and federal statutes and regulations (including, but not limited to the U.S. Army Corps of Engineers permitting requirements of Section 404 of the Federal Clean Water Act).

(c) Drainage

1. All Activities and development shall provide for:

(a) The unimpeded flow of natural water courses and ditches;

(b) Adequate drainage for all low points; and

(c) Maintenance of drainage systems

2. Activities and development that disturb more than 1,500 square feet, are located in a Constrained Area or a deemed necessary by the County Planning Engineer, shall be required to submit engineering documents for stormwater detention facilities designed by a professional engineer licensed in the State of Colorado that shall:

(a) Detail flows to historical peak discharge rates and provide water quality benefits; and

(b) Ensure the post-development peak discharge rate does not exceed the undeveloped peak discharge rate for the 25-year return frequency, 24-hour duration storm. The drainage system shall account for an entire drainage basin capable of accommodating runoff from a proposed development and, the runoff from contributing areas adjacent and upstream;

(c) Provide safe passage of the 100-year storm event, minimizing the threat of major property damage and loss of life;

(d) Be maintained to ensure function; and

(e) Provide on-site treatment of stormwater by use of best management practices designed to detain and allow infiltration of runoff prior to discharge to any water body.

(d) Groundwater

• Activities and development shall not result in the introduction of any contaminants to groundwater, or interfere with any recharge area or aquifer.

(e) Irrigated Areas

• Activities and development shall:
  1. Not adversely affect the adequacy of water supplies available for the irrigation of agricultural lands; and
  2. Not adversely affect the exercise of any existing and decreed irrigation water right.

(f) Irrigation Ditches

• Activities and development shall:
  1. Access
     • Provide for access to irrigation ditches by ditch owners and to the public if a ditch is to be, or is part of the Pitkin County Open Space and Trails System or other public property.
  2. Preventing Leakage
     • Ensure that no building shall be constructed immediately downhill of a ditch unless the ditch can be placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the building.
  3. Avoid Flooding
     • Design land uses to avoid flooding problems from flood irrigation.
  4. Avoid Seepage
     • Place basements and soil absorption on-site wastewater treatment systems in locations where they will not be impacted by flood irrigation or seepage from irrigation ditches.

• Purpose: The purpose of this section is to promote the public health, safety and general welfare, protect our rivers and streams, and to minimize public and private losses due to flood conditions in specific areas.
• Applicability: The development standards in this Sec. 7-20-40 apply to all development within the Special Flood Hazard Area (SFHA) and areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F).
  • All activity and development is prohibited within the SFHA except as specifically permitted in Section 7-20-40 (p), (q) and/or (r).
  • This code section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this code section and another code section, ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
    • (a) Permit Required
• All development, including but not limited to new construction, placement of manufactured homes, substantial improvements to existing structures, earthwork or other development, within SFHA requires a Floodplain Development Permit which shall be reviewed by the Pitkin County Floodplain Administrator and the Community Development Director. It shall be the burden of the applicant prior to submitting the Pitkin County Permit Application, to obtain documentation of all required State and Federal permits as part of the permit application.

• (b) Permit Procedures
  • Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including manufactured homes, and the location of the foregoing in relation to SFHA. Additionally, the following information is required:
    1. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;
    2. Elevation (in relation to mean sea level) to which any nonresidential structure shall be flood proofed;
    3. A certificate from a registered Colorado Professional Engineer that the nonresidential flood proofed structure shall meet the flood proofing criteria of 7-20-40 (h) and by providing an Elevation Certificate with the proposed finished elevation of the lowest floor of the structure, including the basement in relation to mean sea level;
    4. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
    5. Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this section and the following relevant factors:
       • (a) The danger to life and property due to flooding or erosion damage;
       • (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
       • (c) The danger that materials may be swept onto other lands to the injury of others;
       • (d) The compatibility of the proposed use with existing and anticipated development;
       • (e) The safety of access to the property in times of flood for ordinary and emergency vehicles;
       • (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;
       • (g) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;
       • (h) The necessity to the facility of a waterfront location, where applicable;
       • (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
       • (j) The relationship of the proposed use to the comprehensive plan for that area.

• (c) Duties and Responsibilities of the Floodplain Administrator
  • Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
    1. Maintain and hold open for public inspection all records pertaining to the provisions of this section, including the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and any flood proofing certificate required by the 7-20-40 (b) Permit Procedures.
    2. Review, approve, or deny all applications for Floodplain Development Permits required by this section.
    3. Review Floodplain Development Permit applications to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.
    4. Review permits for proposed development to confirm that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
    5. Inspect all development at appropriate times during the period of construction to ensure compliance with all provisions of this ordinance, including proper elevation of the structure.
    6. Where interpretation is needed as to the exact location of the boundaries of the Special Flood Hazard Area (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.
    7. When Base Flood Elevation data has not been provided, the Floodplain Administrator shall obtain, review and reasonably utilize any Base Flood Elevation data and Floodway data available from a Federal, State, or other source, in order to administer the provisions of 7-20-40.
    8. For waterways with Base Flood Elevations for which a regulatory Floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's Flood Insurance Rate Maps (FIRM), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the Base Flood Elevation more than one half of one (1/2) foot.
    9. Notify, in riverine situations, adjacent communities and the State Coordinating Agency, which is the Colorado Water Conservation Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA.
    10. Ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
    11. Before providing a Certificate of Occupancy for any structure within a Flood Hazard Area the Floodplain Administrator shall be provided an Elevation Certificate from a registered Colorado Professional Engineer that the built structure meets the requirements of 7-20-40 (g) or the flood proofed structure shall meet the flood proofing criteria of 7-20-40 (h) and shall be provided an Elevation Certificate with the finished recorded elevation of the lowest floor of the structure, including the basement in relation to mean sea level;

• (d) Warning and Disclaimer of Liability
  • The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of the floodplain or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance such provisions or any administrative decision lawfully made thereunder.
• (e) Floodplain Maps
  1. The maps depicting the floodplain for the base flood in the report, Federal Emergency Management Agency (FEMA) Flood Insurance Study for Pitkin County, dated August 15, 2019, with accompanying Flood Insurance Rate Maps (FIRM) and any revisions thereto and hereby adopted by reference, shall be the maps used to locate the SFHA, together with all of the technical information contained in such report, The Floodplain Administrator shall keep a copy of this report on file and available for public inspection.
  2. Where a property owner believes that the mapped SFHA shown on the FEMA Flood Insurance Rate Map are inaccurate, the property owner may request that FEMA process an amendment to that map. Where the proposed development is within Zone A on the FIRM, the applicant may present alternative mapping to the County Floodplain Administrator, who may accept such mapping as an indication of the floodplain area only if the County Flood Plain Administrator believes the alternative mapping to be more accurate than the FEMA Flood Insurance Rate Map.
  3. When Base Flood Elevation (BFE) data has not been provided the applicant shall obtain, review, and reasonably utilize other BFE and floodway data as a basis for elevating residential structures to or above the Base Flood Elevation and for flood proofing or elevating non-residential structures to or above the Base Flood Elevation.
  4. For waterways with Base Flood Elevations for which a regulatory Floodway has not been designated no new and permitted development may increase the Base Flood Elevation more than one half of one (1/2) foot.
  5. Where the SFHA has not been established, a property owner may conduct a floodplain study to determine the boundaries of the SFHA. The applicant shall demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the Base Flood Elevation more than one half of one (1/2) foot as any point within the community. The property owner should consult with the County Flood Plain Administrator to determine the appropriate methodology for the floodplain study.
  6. It shall be the burden of the applicant to demonstrate that the property seeking development approval is not within the SFHA.

• (f) General Standards
  • The following conditions apply to all new development and/or substantial improvements, including development in SFHA. All development plans shall:
    1. Be designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
    2. Include an Elevation Certificate which shall be prepared by a registered professional engineer, architect or land surveyor and shall submitted to the Floodplain Administrator both at permit application and with as-built conditions prior to Certificate of Occupancy;
    3. Be constructed with flood-resistant materials;
    4. Be constructed by methods and practices that minimize flood damage;
    5. Be constructed with electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities designed and/or located to prevent water entry or accumulation within the components during conditions of flooding;
    6. All new and replacement water supply systems shall be designed to minimize of eliminate infiltration of flood waters into the system; and
    7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters.
    8. Within the SFHA, no use, fill, construction, excavation, embankment, or alteration on or over any portion of the SFHA shall be permitted that would result in any of the following:
       • (a) The storage or processing of materials that in times of flooding are buoyant, flammable, explosive, or otherwise potentially injurious to human, animal or plant life.
       • (b) The disposal of garbage or other solid waste materials.
       • (c) The human occupation of structures either fixed or mobile, permanent or temporary.
       • (d) Substantial solid debris being carried downstream by floodwaters.
       • (e) Any obstruction that would impair the flow or storage capacity of a SFHA so as to cause foreseeable damage to others either within or outside of SFHA boundaries.
       • (f) A substantial increase in sedimentation or erosion.
       • (g) The infiltration of floodwaters into on-site water supply and wastewater disposal systems that would impair their functioning or pollute the stream.
       • (h) Damage to or destruction of aquatic ecosystems, including but not limited to, wetlands and riparian habitat areas.

• (g) Residential Construction
  • New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one (1) foot or higher above the Base Flood Elevation. A registered professional engineer, architect or land surveyor shall submit an Elevation Certificate to the Floodplain Administrator citing that this standard has been met.
• (h) Nonresidential Construction
  • New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall:
    1. Have the lowest floor (including the basement) shall be elevated to at least one (1) foot above, the level of the Base Flood Elevation; or
    2. All attendant utility and sanitary facilities, shall be flood proofed to an elevation one(1) foot above the Base Flood Elevation the structure shall watertight with walls substantially impermeable to the passage of water; and
    3. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
    4. A registered professional engineer or architect licensed in the State of Colorado shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design methods of construction are in accordance with accepted standards of practice.
• (i) Enclosures
  • New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. The design must be either certified by a registered professional engineer or architect or meet the following criteria:
    1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
    2. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

• (j) Manufactured Homes
  • New placement and substantial improvements of all manufactured homes shall meet the following requirements:
    1. Homes within Zone A on the FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
    2. Homes within Zone A1-30, AH, and AE on the FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least one (1) foot above the Base Flood Elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
    3. Homes on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the FIRM shall be elevated so that either:
       • (a) The lowest floor of the manufactured home is at least one (1) foot above the BFE, or
       • (b) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and is securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
• (k) Recreational Vehicles
  • Recreational vehicles placed on sites within Zones A1-30, AH and AE on the FIRM shall be required to either:
    1. Be on the site for fewer than 180 consecutive days;
    2. Be fully licensed and ready for highway use (A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.), or
    3. Meet the permit and anchoring requirements of Section 7-20-50.

• (l) Subdivision Proposals

The following shall apply to all subdivision proposals and other development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding:

1. Such proposals shall minimize flood damage.
2. BFE data shall be generated for subdivision proposals and other proposed development which are greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided
3. Adequate drainage shall be provided to reduce exposure to flood hazards
4. Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed to minimize or eliminate flood damage.
• (m) Floodways

Floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential. The following provisions shall apply to floodways:

1. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the 100 year flood.
2. Under the provisions of the NFIP a community may permit encroachments within the adopted regulatory floodway that would result in an increase in Base Flood Elevation, provided that the community first applies for and obtains a Conditional Letter of Map Revision and floodway revision through FEMA.
• (n) Properties Removed from the Floodplain by Fill

A Floodplain Development Permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F), unless such new structure or addition complies with the following:

1. Residential Construction
   • The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the Base Flood Elevation that existed prior to the placement of fill.
2. Nonresidential Construction
   • The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the Base Flood Elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one foot above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

• (o) Standards for Critical Facilities
  • A Critical Facility is a structure or related infrastructure, but not the land on which it is situated, as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.
    1. Protection for Critical Facilities
       • All new and substantially improved Critical Facilities and new additions to Critical Facilities located within the SFHA shall be regulated to a higher standard than structures not determined to be Critical Facilities. For the purposes of this section, protection shall include one of the following:
         • (a) Location outside the SFHA; or
         • (b) Elevation of the lowest floor or flood proofing of the structure, together with attendant utility and sanitary facilities, to at least two feet above the Base Flood Elevation.
    2. Ingress and Egress for New Critical Facilities
       • New Critical Facilities shall, when practicable as determined by the Board of County Commissioners, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a100-year flood event.
• (p) Floodplain Hazards - Uses Permitted
  • The following uses shall be permitted in the SFHA area to the extent that they are not prohibited by any other regulation and they comply with the guidelines set forth in this Section 7-20-40.
    1. Agricultural uses such as general farming, grazing, forestry, sod farming and wild crop harvesting.
    2. Identified and approved public and private recreational uses are permitted in the SFHA only if the approved uses do not cause a concentration of people in such areas during high flood hazard probability. Any structures associated with such uses shall be subject to the provisions of this Section 7-20-40. Terrestrial and aquatic habitat restoration activities shall also be an allowed use in the SFHA, provided that the BOCC makes a finding that the restoration project has been designed for the purpose of restoring, or preventing further degradation of the natural, dynamic functions of the river, stream, or other body of water; the applicant shall be required to provide sufficient scientific information to establish both the existence of pre-restoration degradation and the scope and desirability of the post-restoration improvements. Acceptable scientific information may include, but is not limited to, information on channel hydrology, site geomorphology, streambed characteristics, macroinvertebrate populations, and fish populations. Applicant must also demonstrate that the scientific information provided has been generated by an individual(s) or legal entity (ies) qualified to render an assessment in all pertinent subject areas. This demonstration may be provided in the form of a curriculum vitae (CV) for an individual, a company resume of project experience, personnel certifications and licenses, etc., or any other manner reasonable under the circumstances.
    3. Bridges or other structures for irrigation, drainage, flood control, hydropower, or water diversion may be allowed upon approval of plans and specifications by the County Floodplain Administrator and Community Development Director, provided they are engineered to prevent blockage of drainage channels during peak water flows and their placement does not result in the loss of wetlands or riparian areas. All structures shall be required to clear span the waterway to the maximum extent practicable. Any structures associated with such uses shall be subject to the provisions of this Section 7-20-40.
    4. Bank stabilization, riparian restoration work and restoration of natural, dynamic riverine functions (in accordance with the requirements of Section 7-20-40 may also be permitted in the SFHA upon the BOCC finding that any adverse impacts will be adequately mitigated, as required by Section 7-20-80.
    5. Placement and maintenance of improvements for a micro hydroelectric facility may be permitted within the SFHA, upon finding that any adverse impacts will be adequately mitigated, as required by Section 7-20-80.
• (q) Redstone Townsite Floodplain Exemption Area
  • Because of the extensive historical development within the SFHA of the Redstone Townsite, the public interest in providing incentives for the preservation of the historic character of the Townsite, and the determination that the SFHA will not be unduly impacted, any property within the Redstone Townsite zoned Village Commercial or Village Residential shall be allowed to develop within the SFHA, subject to the conditions outlined in 7-20-40 (f) and (g), and the following development standards:
    1. No alternative Building Site:
       • If there is no alternative building site on the property, development may be approved subject to compliance with the minimum development standards set forth in Sec. 7-20-40 and 7-20-50.
    2. Building Site with Fewer Impacts:
       • If the building site proposed creates fewer impacts than if the development was limited exclusively to an area outside of the 100-year SFHA, development may be approved subject to compliance with the minimum development standards set forth in Sec. 7-20-40 and Sec. 7-20-50.
• (r) Lazy Glen Floodplain Exemption Area
  • Because of the existing mobile home park development within the SFHA of the Lazy Glen MHP Subdivision/PUD, any property within the Lazy Glen MHP Subdivision/PUD shall be allowed to develop within the SFHA, subject to Sec. 7-20-40(j) and the following development standards:
    1. Structures on all lots located within the 100-year SFHA shall be placed so that the lowest loor is at least 1-foot above the Base Flood Elevation.
    2. Structures on all lots located within the 100-year SFHA shall be firmly anchored to the ground so as not to float or drift during the catastrophic event.
    3. Water heater, furnaces, and other major appliances shall be placed on or above the lowest floor in structures on all lots located within the SFHA.
    4. Basements are prohibited. Crawl spaces shall be limited to a maximum depth of four feet below existing grade.

This section identifies development standards applicable to specific geologic hazard areas. Major geologic hazards are identified on the Geologic Hazards Map maintained in the Community Development Department.

(a) Avalanche Areas

• Restrictions on activities or development in avalanche areas are set forth in subsections (1) and (2) below. In the event that an application is denied because there is no hazard-free area on a site, or because the proposed activity or development does not comply with the restrictions in this section, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-90 or Sec. 2-40-130, the proposed activity or development shall incorporate hazard mitigation according to the standards in subsection (3) below.
  1. High Hazard Avalanche Zone
     • Development is prohibited within High Hazard Avalanche Zones.
  2. Moderate Hazard Avalanche Zone
     • Development within a Moderate Hazard Avalanche Zone may only be permitted under the following circumstances:
       • (a) If an entire property is affected by the Moderate Hazard Avalanche Zone, development may be permitted if the hazard can be adequately mitigated to ensure public safety pursuant to the standards in subsection (3) below.
       • (b) In the event that development outside of the Moderate Hazard Avalanche Zone will result in significant incursions into or impacts on Constrained Areas, the County may, in its discretion, approve such development with adequate mitigation measures to assure the safety of the occupants of the property.
       • (c) If the County finds that other hazards present on a property outweigh the risks associated with development in the Moderate Hazard Avalanche Zone, the County may, in its discretion, grant approval to such project subject to compliance with the mitigation measures specified in subsection (3) below.
  3. Mitigation Standards
     • (a) Development shall be restricted to the least hazardous area of a project site.
     • (b) If structural avalanche defenses are required to protect people or structures, they shall be designed by a certified professional engineer licensed in the State of Colorado to withstand avalanche impact forces.
     • (c) Clear-cutting or other large scale removal of vegetation, particularly within avalanche path starting zones, shall be prohibited.
     • (d) Extractive operations are prohibited within avalanche hazard zones during the winter unless there is an approved program of avalanche control and defense measures.
     • (e) Utility lines or pipes crossing avalanche hazard zones shall be buried. Surface pipes, poles or towers for suspended transmission lines in avalanche hazard zones shall be protected by utilizing avalanche diversion methods or protection structures.
     • (f) Roads intended for winter use shall avoid avalanche hazard areas. If the County finds that it is not possible to construct a road that avoids high or moderate avalanche hazard areas, then the County may approve a road subject to site specific mitigation methods. Roads that must cross hazardous areas shall be designed to limit exposure and utilize avalanche control practices to reduce the danger along exposed road segments. Where the main access road to a proposed development is crossed by an avalanche path, a secondary access may be required.
     • (g) Warning signs shall be placed along commonly traveled winter roads and trails that cross avalanche hazard zones.
     • (h) Property owners who develop in avalanche areas or obtain driveway access through avalanche areas shall bear the costs of any avalanche control measures that may be required to mitigate the hazard.

(b) Landslide Areas

• Development is prohibited within landslide areas. In the event that an application is denied because there is no landslide hazard-free area on a site, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-90 or Sec. 2-40-130, the proposed activity or development shall be reviewed according to the following standards:
  1. Ensure strict adherence to recommended design, construction and maintenance procedures approved by qualified professional geologists or engineers licensed in the State of Colorado;
  2. Avoid adding water to the site that would cause decreased stability;
  3. Avoid removing the toe of the slide without adequate mechanical support;
  4. Avoid increasing the weight load on the top of the slide;
  5. Avoid removing vegetation from the site; and
  6. Avoid steepening the existing slope of the slide area.

(c) Rockfall Areas

• Development is prohibited within Rockfall Areas. In the event that an application is denied because there is no hazard-free area on a site, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec 2-40-90 or Sec. 2-40-130, the proposed activity or development shall be reviewed according to the following standards:
  1. Activities and development shall only be permitted if design and construction stabilization and maintenance measures approved by a qualified professional geologist or engineer licensed in the State of Colorado and the County are utilized. Construction stabilization measures may include but are not limited to:
     • (a) Stabilization of rocks by bolting, gunite application (cementing), removal of unstable rocks (scaling), cribbing or installation of retaining walls;
     • (b) Slowing or diverting the moving rocks by rock fences, screening, channeling and dams, or by concrete barriers or covered galleries;
     • (c) Physical barriers around vulnerable structures; and
     • (d) Periodic maintenance of mitigation measures.
  2. Activities and development shall not:
     • (a) Increase water supply to cliffs or overhangs.
     • (b) Remove protective vegetation.
     • (c) Add weight or otherwise disturb overhanging strata.
     • (d) Make any excavations that remove underlying support.
     • (e) Increase erosion that removes underlying support.

(d) Alluvial Fans (Areas of Shallow Flooding)

• Alluvial Fans or Areas of Shallow Flooding (AO/AH Zones) have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. In the event there is not an adequate hazard-free area on a site, activities or development may proceed within an alluvial fan if the use: however, the following shall apply:
  1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the community’s FIRM and at least three feet if no depth number is specified.
  2. All new construction and substantial improvements of non-residential structures; have the lowest floor (including basements) elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the community’s FIRM (at least three feet if no depth number is specified), or;
  3. Together with attendant, utility and sanitary facilities be designed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads effects of buoyancy.
  4. A registered professional engineer, geologist or architect licensed in the State of Colorado shall submit a certification to the Floodplain Administrator that the standards of this Section are satisfied.
  5. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.
  6. The development may be required to be protected by channelizing, damming or diverting potential flows utilizing engineering structures by a professional engineer or geologist licensed in the State of Colorado; and
  7. Avoids disturbance in the drainage basin above the fan unless an evaluation of the effect on runoff and stability of the fan shows that disturbance is acceptable.

(e) Talus Slope

• In the event there is not an adequate hazard-free area on a site, activities and development associated with residential, commercial, industrial and high impact recreational activity may be permitted on talus slopes only if design and construction stabilization and maintenance measures approved by a qualified professional geologist or engineer (licensed in the State of Colorado) and the County are utilized and:
  1. Developments are designed to withstand downslope movement;
  2. Foundations and utilities in talus slope areas are buried below the active surface;
  3. Site disturbance in talus slope areas is minimized to avoid inducing slope instability; and
  4. The toe of a talus slope is not removed without providing adequate mechanical support.

(f) Mancos Shale

• Activities and development within a mancos shale area may be permitted if they:
  1. Include design and construction stabilization and maintenance measures approved by a qualified professional geologist or engineer (licensed in the State of Colorado) and the County are utilized;
  2. Are based on an evaluation of the development's effect on slope stability and shrink-swell properties;
  3. Are designed to provide adequate surface drainage; and
  4. Avoid concentrated runoff from impervious surfaces into natural drainages unless it is demonstrated that there will be no adverse effects.

(g) Faults

• Known faults are identified on the Geological Hazards Maps. In the event there is not a hazard-free area on the site, land uses shall incorporate adequate mitigation measures determined by a qualified professional engineer or geologist (licensed in the State of Colorado) and approved by the County.

(h) Expansive Soil and Rock

• Development may be permitted in an identified area of expansive soil and rock upon County approval of engineered foundations and floor systems designs.

(i) Ground Subsidence

• In the event a development site is comprised exclusively of moderate and extremely hazardous areas, development may be permitted if design and construction stabilization and maintenance measures approved by a qualified professional geologist or engineer (licensed in the State of Colorado) and the County are utilized.

This section establishes the standards for development in wildfire hazard areas. The level of hazard is determined primarily by grade or slope and continuity of fuels. As a general guideline, low hazard is located on slopes of zero to twenty (0-20) percent with discontinuous fuels; moderate hazard is located on slopes of ten to twenty (10-20) percent with continuous fuels, or on slopes greater than twenty (20) percent with discontinuous fuels; and severe hazard is located on slopes of greater than twenty (20) percent with continuous fuels.

(a) Wildfire Hazards Map

• Areas of “Severe Wildfire Hazard” and “Low to Medium Wildfire Hazard” are designated on the Pitkin County adopted Wildfire Hazard Area Maps, which are maintained in the Community Development Department. However, the maps are only a general reference, and actual wildfire hazards shall be field verified. In the event field verification identifies areas of wildfire hazard not identified on such maps, the provisions of this Sec. 7-20-60 shall apply to such areas. In each case where an applicant’s property is located partially or entirely within an area of “Severe Wildfire Hazard”, a wildfire expert acceptable to the County, shall visit the property to evaluate the level of risk in more detail. The wildfire expert may confirm the levels of risk indicated on the Wildfire Hazard Area Maps, or may recommend that all or a portion(s) of the site be reclassified to a higher or lower level of wildfire risk. In addition, the wildfire expert shall make recommendations regarding any mitigation measures that should be implemented in light of the proposed activity or development, and such recommendations shall be considered by the County in the Site Plan process.

(b) Wildfire Hazard Area Delineation and Activity Envelope

• If requested by the Community Development Department during a pre-application conference, the Site Plan shall delineate all areas of “Severe Wildfire Hazard” and “Low to Medium Wildfire Hazard” within the Activity Envelope and within one hundred (100) feet outside the Activity Envelope. In the case of varying hazard levels within the Activity Envelope, it shall be sufficient to label the entire Activity Envelope with the highest level hazard existing in any part of such area. The Activity Envelope should be designed to avoid areas of “Severe Wildfire Hazard”, and to mitigate wildfire hazards in areas of “Low to Medium Wildfire Hazard” as set forth in this Sec. 7-20-60. All wildfire mitigation and creation of defensible space shall occur within the Activity Envelope.

(c) Standards Applicable to All Wildfire Hazard Areas

• Development is allowed in wildfire hazard areas subject to conformance with the following development standards, (which may be varied upon recommendation by the wildfire expert), and conformance with the additional standards in subsection (d) as applicable.

1. Defensible Space
   • The area around all buildings/structures, limited by property boundaries that may limit a property owner’s ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions):
     • (a) Brush, debris and non-ornamental vegetation shall be removed within a minimum ten-foot (10') perimeter around all structures.
     • (b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County).
     • (c) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel.
     • (d) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush.
     • (e) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed.
     • (f) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed.
     • (g) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred.
     • (h) All deadfall up to a one hundred (100) foot perimeter shall be removed.
     • (i) No new conifer trees shall be planted within ten (10) feet of a residence.
     • (j) No flammable mulches shall be placed within two (2) feet of a residence.
     • (k) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements.
2. Access
   • (a) Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriff’s Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. Where feasible, looped routes of access/egress to a public road shall be incorporated in the design of a proposed development. Looped routes of access/egress is defined as two (2) or more dedicated access roads to the main artery/highway for widely separated ingress/egress; looped drives with one (1) entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Department may approve vehicular turnaround areas a maximum of seven hundred fifty (750) feet apart installed between the road intersection and its terminus. Turnaround areas shall be the same standard as cul-de-sac turnaround pads; these may be incorporated into the proposed driveway entries.
   • (b) New dead-end streets shall not be permitted, except for cul-de-sacs and other turnarounds accepted by the applicable local fire district.
   • (c) Cul-de-sac turnaround pads shall have a minimum of a thirty (30) foot drivable surface inside turning radius or a hammerhead or other T-turn area acceptable to the applicable local fire district.
   • (d) New driveways and access roadway shall enter the roadway at a ninety-degree (90°) angle for the first twenty-five (25) feet of the driveway.
   • (e) Fuel breaks as recommended by a wildfire expert approved by the County may be incorporated into the design of access roads or driveways.
3. Water Supply for Fire Safety
   • (a) When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the local fire district.
   • (b) Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district with a minimum of one thousand (1,000) gallon storage capacity per structure.
   • (c) Regardless of size, all structures (including detached garages and horse barns) where humans congregate regularly that are located within areas identified as containing "C--Severe Hazard: Trees" or "X--Severe Hazard: Brush" wildfire hazard shall be required to install in-house sprinkler systems that meet the standards of the local fire protection district and the adopted Building Code.
   • (d) All structures greater than five thousand (5,000) square feet in size shall be required to install in-house sprinkler systems that meet the standards of the local fire protection district and the adopted Building Code. At building permit submittal, the local fire protection district may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services.
4. Roofing Materials, Roofing Vents and Projections At and Below Roof Line

• Unless the wildfire expert has recommended a different method of construction, roofs and projections at or below roof line in Low, Medium and Severe Wildfire Hazard Areas shall be constructed according to the following specifications:
  • (a) Low Hazard Area
    1. Roofing Materials
       • a. Class A covering or Class A Assembly as defined by the currently adopted Building Code.
       • b. No wood shakes or shingles.
       • c. All other adopted Building Code compliant methods and materials permitted.

• (b) Medium Hazard Area
  1. Roofing Materials
     • a. Class A covering or Class A Assembly as defined by the currently adopted building code.
     • b. No wood shakes or shingles.
  2. Roof Venting
     • a. Soffit venting shall be located in the outer 1/3rd portion of the overhang.
     • b. Attic, soffit and other roof venting shall be of non-corrosive metal mesh with maximum ¼” openings.
  3. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other:
     • a. Sheath with non-combustible materials, or
     • b. Combustible materials underlain with 5/8” Type X gypboard or equal, or
     • c. Minimum 4x6 rafters with 2x T&G decking.
  4. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
     • Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction.
  5. Other
     • Any methods approved for Severe Wildfire Hazard Areas may be used in Medium Wildfire Hazard Areas.

• (c) Severe Hazard Area
  • All requirements for Medium Wildfire Hazard Areas apply with the following modifications:
  1. Roofing Materials:
     • (a) Class A covering or Class A Assembly as defined by the currently adopted building code.
     • (b) No wood shakes or shingles.
  2. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other:
     • (a) One (1) hour rated material or any material underlain by 5/8” Type X gypboard or equal, or
     • (b) “Type IV” Heavy Timber materials, per the currently adopted building code.
  3. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
     • (a) Construction with noncombustible or one (1) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use), or
     • (b) Conventionally framed deck with waterproof surface and underside protected with 5/8” Type X gypboard or equal (decking as “a” above), or
     • (c) “Type IV” Heavy Timber materials: joist and beams minimum 6”x10”, columns minimum 8”x8”, decking minimum 4” in depth, or decking as ”a” above; or equivalent log construction, or
     • (d) Enclose projection vertically to ground with one hour fire resistive materials. Decking as ”a” above.
  4. Railings
     • Railings must be constructed of noncombustible or “Type IV” Heavy Timber materials.
  5. Exterior of the Structure, Including All Walls
     • (a) One (1) hour fire resistive rated materials, or 5/8” gypboard underlying combustible materials, or
     • (b) Cement stucco, minimum ¾” thickness.
     • (c) All glazing to be tempered glazing; and
     • (d) Doors to be metal or wood 1 ¾” thick minimum.
  6. Foundations
     • Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials approved for one (1) hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls.

• (d) All Hazard Areas
  • Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe Wildfire Hazard Areas unless they comply with the following:
    1. All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly.
    2. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris.
    3. Protrusions above the rooline, such as parapets, shall be prohibited.
    4. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48.
    5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application.

5. Maintenance and Miscellaneous Requirements

• (a) Roofs and gutters shall be kept clear of debris.
• (b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (¼) inch maximum.
• (c) Yards shall be kept clear of all litter, slash and flammable debris.
• (d) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure.
• (e) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches.
• (f) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure.
• (g) Swimming pools and ponds shall be accessible by the local fire district.
• (h) Fences shall be kept clear of brush and debris.
• (i) Wood fences shall not connect to other structures.
• (j) Fuel tanks shall be installed underground with an approved container.
• (k) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire-resistive construction on the exterior side of the walls.
• (l) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
• (m) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post.
• (n) Additional recommendations from the Colorado State Forest Service, the Pitkin County Sheriff’s Department, the local fire protection district and/or a person certified by the Community Development Department as an expert in designation of wildfire areas and wildfire mitigation may be incorporated into any conditions of approval as necessary to mitigate wildfire hazards.

This section establishes land use standards for wildlife habitat to preserve, protect, and expand the full range of biodiversity present in Pitkin County. Wildlife habitat shall be addressed broadly to include locations that are ecologically significant and where activities or structures would interfere with important wildlife functions and activities. For purposes of this Sec. 7-20-70, Constrained Areas shall include, but shall not be limited to, locations that include: any portion of a wetland; riparian habitat; critical wildlife habitat; severe winter range, and/or winter concentration areas; wildlife migration corridors or habitat; wildlife production, birthing or calving areas; important waterfowl and wading bird habitat areas; significant mountain sage, aspen, and mountain shrub dominated habitat; and rare, imperiled, sensitive, threatened, or endangered species critical habitat.

(a) Wildlife Habitat Maps

• Areas of designated wildlife habitat are shown on the Colorado Division of Wildlife (CDOW) Species Activity Maps (the Wildlife Maps), which are maintained in the Community Development Department and hereby adopted by reference, and may be amended from time to time by the Colorado Division of Wildlife. Areas shown on those maps are known to be wildlife habitat areas by the Colorado Division of Wildlife. In all cases, mapping will be field verified by the Colorado Division of Wildlife or a wildlife expert approved by Pitkin County. The following regulations shall apply to all areas known to be wildlife habitat as a result of such field verification, regardless of whether those areas are mapped on the wildlife maps.

(b) General Principles

• Delineation of the Activity Envelope, and the location and design of activities and structures within the Activity Envelope, shall be based on consideration of the five (5) principles listed in subsections (1) through (5) below. These principles shall be evaluated not only on a site specific basis, but should also be used to consider the location and role of the property in the context of larger habitat and wildlife patterns. Implementation of these principles may also include consideration of connectivity between other parcels and the cumulative effect of the proposed activity or development in light of other activity in the area affecting related habitat areas. Approved development shall:
  1. Maintain large, intact areas of native vegetation and habitat area by preventing fragmentation of those patches by development.
  2. Protect rare landscape elements such as locally rare vegetation, unique rock formations, sheltered draws or drainage ways, or other features, and guide development towards areas of landscape containing more common elements.
  3. Maintain connections among wildlife habitats by identifying and protecting corridors for movement.
  4. Contribute to the regional protection of rare species by protecting their habitat locally.
  5. Minimize the combined and cumulative impacts of activities and development on wildlife species, wildlife habitat, wildlife movement, and unique landscape elements.

(c) General Standards

• The standards in this section apply to all wildlife habitat areas shown on the Species Activity Maps or field verified by a wildlife expert approved by the County, or by the Colorado Division of Wildlife.
  1. When existing native vegetation must be altered within the Activity Envelope, the applicant may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off-site mitigation benefiting the same species may be required, or financial mitigation may be paid into a County habitat mitigation fund should such a fund be established in the future.
  2. Manipulation of vegetation outside of the Activity Envelope is prohibited.
  3. Mesh or woven wire fences are prohibited outside the Activity Envelope.
  4. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails.
  5. Wire fencing must be three (3) strands or less. The top wire should be a twelve-point-five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground.
  6. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat.
  7. In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs.
  8. Development shall be clustered to the maximum extent possible to minimize impact on wildlife.
  9. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife.
  10. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
  11. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed.
  12. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
  13. Pet food shall not be left outside.
  14. All outside doors shall utilize only solid round handled door knobs unless another type is required by the applicable Building Code for disabled accessibility purposes.
  15. [Reserved for standard for raptor protection from new above ground utility poles].

(d) General Buffer Standards

• Structures located near wildlife habitat shall comply with the following standards for maintaining buffer distances, unless (i) Pitkin County or the Colorado Division of Wildlife suggests that a different buffer is appropriate due to unusual wildlife factors or other unique features of the property, and the alternative is approved through the Site Planning process, or (ii) the parcel in question is too small to accommodate the required buffers, in which case the buffers shall be provided to the maximum extent practicable.
  1. Nest/Roost Buffer
     • The minimum buffer for any structure located near an active peregrine falcon, osprey, golden eagle, or bald eagle nest or roost site shall be one-half (1/2) mile (2,640 feet) in Rural Areas, and five hundred (500) feet in Urban Areas. The minimum buffer for any structure located near any other active raptor nest site (except American kestrels) shall be one-quarter (1/4) mile (1,320 feet).
  2. Intensive Use Buffer
     • Intensive uses such as commercial, industrial or motorized commercial/organized recreational uses, open pit mineral extraction or the construction of roadways shall require a building or structure buffer of a minimum of one thousand (1,000) feet from any wildlife habitat area in Rural Areas, and five hundred (500) feet in Urban Areas.
  3. Endangered, Threatened, or Rare Species
     • No structure shall be located in rare, threatened, or endangered species critical habitat. There shall be a minimum one-half 1/2 mile (2,640 foot) buffer between any building or structure and any threatened or endangered species critical habitat. There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between rare and/or imperiled species habitat.
  4. Important Waterfowl and Wading Bird Habitat Area
     • There shall be a minimum three hundred (300) foot buffer between any building or structure and important waterfowl and wading bird habitat areas. Within all important waterfowl and wading bird habitat, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision.
  5. Wildlife Migration Corridors
     • There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between any building or structure and wildlife migration corridors.
  6. Severe Winter Range, Winter Concentration Area
     • There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between any building or structure and critical habitat, severe winter range, and/or winter concentration areas.
  7. Production Area
     • If development is approved adjacent to ungulate (bighorn sheep, mule deer and elk) production areas, there shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between any building or structure and production areas.

(e) General Livestock and Domestic Animals

• The following standards shall apply to all habitat areas unless a standard for livestock and domestic animals in relation to specific species is provided in subsection (f) below, in which case the standards in subsection (f) shall govern.
1. Wetland and Riparian Areas
   • Activities that involve the keeping of livestock and/or horses adjacent to wetlands or riparian areas or their buffer areas shall include provisions in the Site Plan that protect the wetland and buffer areas from damage due to such domestic animals or livestock.
2. Winter Range, Severe Winter Range, and Winter Concentration Areas and Critical Habitat
   • If development is approved within winter range, severe winter range and/or winter concentration areas, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel.
3. Wildlife Migration Corridors
   • If development is approved within migration corridors, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel within a ¼ mile (1,320 feet) of migration corridors and within or adjacent to migration patterns, transition range, or highway crossings.
4. Wildlife Production Areas
   • If development is approved within or adjacent to wildlife production areas, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel. If livestock is present, a livestock management plan shall be required to prevent interference with wildlife production.
5. Predation
   • If the County determines that one or more wildlife species on or near the property are subject to predation by domestic animals, including dogs and cats, the County may impose additional standards to reduce or eliminate such predation.
6. Overgrazing
   • Overgrazing of ranges by livestock shall be avoided.

(f) Additional Species-Specific Standards

1. Deer, Elk and Bighorn Sheep Winter Concentration Area/Severe Winter Range
   • Development is prohibited within deer, elk, and bighorn sheep winter concentration areas and severe winter range areas. In the event that an application is denied because there is no hazard-free area on a site, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-150, the proposed activity or development shall be reviewed according to the following standards and shall comply with Secs. 7-20-70(b), (c), and (e). Approved development shall:
     • (a) Prohibit commercial activity (such as seismic activity, construction and timber harvesting) and recreational uses from December 1st through March 31st.
     • (b) Prohibit dogs within or adjacent to elk, mule deer, and bighorn sheep severe winter ranges and winter concentration areas, except for dogs working as part of an agricultural operation.
2. Deer, Elk and Bighorn Sheep Winter Range
   • Land uses located in deer, elk or bighorn sheep winter range shall comply with Secs. 7-20-70(b), (c), and (e), and the standards in this section.
     • (a) High impact recreational uses are prohibited.
     • (b) Dogs within or adjacent to winter range shall be kenneled, except for working dogs when at work.
3. Deer and Elk Migration Patterns/Corridors and Highway Crossings
   • Development that blocks a deer or elk migration corridor and prevents migration between summer and winter ranges is prohibited. In the event that an application is denied because there is no hazard-free area on a site, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-150, the proposed activity or development shall comply with Secs. 7-20-70(b), (c), and (e), and the standards in this section.
     • (a) Dogs within one-quarter (1/4) mile (1,320 feet) of mule deer and elk migration corridors and patterns shall be kenneled, except for working dogs when at work.
4. Deer and Elk Production Areas
   • Development is prohibited within deer and elk production areas. In the event that an application is denied because there is no portion of the site outside of a deer or elk production area, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-90 or Sec. 2-40-130, the proposed activity or development shall comply with Secs. 7-20-70 (b), (c), and (e), and shall be reviewed according to the following standards. Approved development shall:
     • (a) Prohibit other activities during the calving season that would disrupt reproduction.
     • (b) Dogs are prohibited within one-quarter (1/4) mile of deer or elk production areas. Dogs within one-half (1/2) mile of deer or elk production areas shall be kenneled.
     • (c) Manipulation of vegetation is prohibited, except as approved by the Colorado Division of Wildlife or a wildlife expert approved by Pitkin County.

(a) Riparian and Wetland Areas and Buffers

1. Protected Features
   • Each Site Plan shall identify each of the following features on the property.
     • (a) “Blue line” perennial streams shown on U.S. Geological Survey maps of the area; and
     • (b) Intermittent streams or streambeds known or apparent from field study, with the exception of man-made waterways such as ditches and water features.
     • (d) Isolated, natural wetland and riparian areas.
2. Minimum Setbacks
   • All activity and development shall maintain a minimum setback from the protected features identified in subsection (1) above.
     • (a) All activity and development after the 5th of July, 2006 shall maintain a riparian area/wetland buffer of at least one hundred (100) feet, measured horizontally from the identifiable high water line of each feature identified in subsections (a)(1)(a) and (b) above. This one hundred (100) foot setback may be reduced to between one hundred (100) feet and a minimum of fifty (50) feet upon demonstration by the applicant that such reduction shall not result in water quality degradation, stream bank erosion and/or a reduction in the quality of riparian or wetland habitat pursuant to standards in Section 7-20-80(4).
     • (b) All activity and development after the 5th of July, 2006 shall maintain a buffer of a minimum of twenty-five (25) feet from isolated wetlands and/or riparian areas identified in (a)(1)(c) above.
3. Additional Setbacks
   • (a) Site Specific Factors
     • In addition, some or all activity and/or development may be required to maintain an additional riparian area/wetland setback of up to fifty (50) feet from each feature indentified in subsection (a)(1)(a) and (b) above -- beyond the minimum setback in subsection (2) above. The width of any required additional setback may vary across different portions of the property, and the types of activities or development prohibited within the additional setback may also vary in different portions of the additional setback. Establishment of any additional setback requirement shall be based on an analysis of the following limiting factors during review of the Site Plan or Activity Envelope for the proposed development or activity:
       1. Slopes adjacent to the protected feature equal or exceed thirty (30) percent.
       2. Highly erodible soils or unstable streambank conditions are present.
       3. The proposed use of the property presents a special hazard to water quality or wetlands (e.g., storage or handling of hazardous or toxic materials).
       4. The one hundred (100) year or intermediate regional flood zone exceeds the minimum fifty (50) foot setback requirement.
       5. Trees, shrubs, or other natural features that provide for streambank stability, habitat enhancement for aquatic environments, and riparian area protection exist, or to maintain pre-development riparian plants.
       6. Habitat for plant, animal, or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service exists.
       7. Habitat for plant, animal, or other wildlife species listed by the State of Colorado as rare, threatened, or endangered, species of special concern, or species of undetermined status exists.
       8. The area is needed to prevent or minimize flood damage by preserving storm and flood water storage capacity.
       9. The area is needed to protect fish spawning, breeding, nursery and feeding grounds.
       10. The area is needed to preserve areas of special recreational, historical, archeological, scenic, or scientific interest.
   • (b) Public Health and Safety
     • In appropriate cases, a setback of greater than one hundred fifty (150) feet may be required by the Board of County Commissioners in order to protect the public health, safety and welfare.
4. Reduced Setbacks

• (a) Site Specific Factors – New Development Activity
  • Where an applicant is seeking a reduction in the one hundred (100) foot riparian/wetland setback specified in subsection (a)(2)(a) above, a site specific analysis shall be submitted to prove that there is no area on the property that can be used for development outside of the one hundred (100) foot setback, without encroachment into the following area(s) prohibited from development in Section 7 of the Land Use Code:
    1. Slope;
    2. Geologic Hazard
    3. Severe Wildfire; and
    4. Wildlife Habitat
    • In the event that no developable area exists outside of the 100 foot setback, the applicant shall provide an analysis demonstrating compliance with the following criteria as well as any other criteria specified by Pitkin County, as part of the Site Plan or Activity Envelope application for the proposed development or activity:
      1. Slopes adjacent to the protected feature are less than thirty (30) percent.
      2. Highly erodible soils or unstable stream bank conditions are not present.
      3. The proposed use of the property does not present a special hazard to water quality or wetlands (e.g., storage or handling of hazardous or toxic materials).
      4. The one hundred (100) year or intermediate regional flood zone does not encroach into the setback reduction requested.
      5. Trees, shrubs, or other natural features that provide for stream bank stability, enhance wildlife or aquatic movement within a stream corridor, provide habitat enhancement for acquatic environments and riparian area protection do not exist. Or will be unaffected by the proposed activity or development within the setback reduction being requested.
      6. Habitat for plant, animal, or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service does not exist within the setback reduction being requested.
      7. Habitat for plant, animal, or other wildlife species listed by the State of Colorado as rare, threatened, or endangered, species of special concern, or species of undetermined status does not exist within the setback reduction being requested.
      8. The area within the setback reduction being requested is not needed to prevent or minimize flood damage b preserving storm and flood water storage capacity.
      9. The area within the setback reduction being requested is not needed to protect fish spawning, breeding, nursery and feeding grounds.
      10. The area within the setback reduction being requested is not needed to preserve areas of special recreational, historical, archeological, scenic, or scientific interest.
      • If the riparian/wetland setback is reduced under this provision and the setback area shows signs of riparian/wetland vegetation disturbance or removal, the Applicant may be required ot submit a restoration plan for review, approval, and implementation.

(b) Site Specific Factors – Reclamation of Previously Developed Areas

• Where an applicant is seeking a reduction in the one hundred (100) foot riparian/wetland setback specified in subsection (a)(2)(a) above for purposes of reclaiming a previously-developed area (e.g., removal of concrete rubble, or removal of a paved roadway or parking lot), the application shall include an analysis demonstrating that the proposed reclamation of the site will result in;
  1. A return to natural conditions that better preserves and/or enhances the protected feature and other natural attributes of the site.
  2. Preservation and/or enhancement of any public viewsheds.
  3. Preservation and/or enhancement of any public recreational opportunities associated with the protected feature.
  • The applicant shall also address any other site-specific factors specified by Pitkin County during review of the Site Plan or Activity Envelope for the proposed development or activity.

(c) Variations in Encroachment in Prescribed Setback

• The width of any permitted encroachment into the one hundred (100) foot setback may vary across different portions of a property, and the types of activities or development allowed within the encroachment may also vary on different portions of a property.

(b) General Standards

1. All development and activity involving disturbance of the land shall be prohibited within the setbacks established in subsection (a) above, except as permitted by subsection (c) below.
2. In the event that an application is denied because there is no portion of the site where the proposed activity can take place outside of the required buffer areas, and an appeal is later granted pursuant to Sec. 2-20-180, or relief is granted pursuant to Secs. 2-40-90 or 2-40-150, the proposed development shall be reviewed according to the mitigation standards in subsection (d) below.

(c) River and Stream Corridors and Wetlands Exceptions

1. Bridges, roads, paved and gravel trails, utility crossings, existing overhead utility lines, irrigation devices, water diversion facilities, culverts, and flood control structures, may be permitted in riparian and wetland buffer areas upon a finding that there is no feasible alternative location and that any adverse impacts will be adequately mitigated as required by subsection (d) below.
2. Bank stabilization, riparian restoration work and restoration of natural, dynamic riverine functions (in accordance with the requirements of Section 7-20-40(c)(2)) may also be permitted in riparian and wetland buffer areas upon the BOCC finding that any adverse impacts will be adequately mitigated, as required by subsection (d) below.
3. Development on lots in County approved subdivisions with designated building or development envelopes.
4. Development on lots in the Lazy Glen MHP Subdivision/PUD may develop according to setbacks identified in the PUD approval.
5. Development on lots zoned VC or VR in the Redstone Historic Townsite shall maintain a minimum twenty (20) foot setback, measured horizontally from the identifiable high water line of each feature identified in subsections (a)(1)(a) and (b) above.
6. Expansion of legal non-conforming structure(s) in the form of added height and bulk, with no changes to existing structure footprint, subject to provisions in Section 9-50-20 (c).
7. Placement and maintenance of improvements for a micro hydroelectric facility may be permitted within riparian/wetland area and associated stream and riparian/wetland setbacks, upon finding that any adverse impacts will be adequately mitigated, as required by subsection (d) below. These facilities include:
   • (a) Intake facilities (catch basins, gate valves, sediment tanks);
   • (b) Transmission pipelines of 12” diameter or less;
   • (c) Exposed/anchored or shallow buried;
   • (d) Hydro turbine generator power delivery systems housed in an outbuilding in accordance with Section 4-30-050(k); and
   • (e) Tailraces to return water flow back to a stream.
   • (f) In addition to requirements outlined in subsection (d) below, a site specific analysis shall be submitted for review and approval that identifies riparian, wetland, and in-channel habitat that will be disturbed as a result of construction of the facility and associated infrastructure. A mitigation plan that employs best management practices for restoring such disturbed habitat shall also be submitted for review and approval. A bond shall be collected to ensure revegetation and mitigation occurs.
8. Development on lots in the Little Elk Creek Village Subdivision shall maintain a one-hundred foot (100 ft) setback from the identifiable high water line of Little Elk Creek except in the following circumstances :
   • (a) An owner of a legally created residential structure, or portion thereof, that encroaches partially or completely into the fifty foot (50 ft) setback area from Little Elk Creek may redevelop, reconstruct or replace that portion of the structure which encroaches into the fifty foot (50 ft) setback area in the same footprint configuration as exists prior to the reconstruction, with no additional encroachment allowed into the fifty foot (50 ft) setback.
   • (b) An owner of a legally created residential structure, or portion thereof, that is partially or completely within the area that is at least fifty feet (50 ft.) from Little Elk Creek, but less than one-hundred (100 ft) from Little Elk Creek may redevelop, reconstruct, or replace the structure within this area, with no additional encroachment allowed into the fifty foot (50 ft) setback, but with expansion permitted in the area that is at least fifty (50 ft) from Little Elk Creek.
   • In either of these cases, enhancement of riparian vegetation will be required through the site plan review process. The riparian vegetation enhancement required will be proportional to the extent of the riparian habitat degradation on the site. A construction management plan and drainage and erosion control plan will be required to insure there will be no deleterious effects on existing riparian vegetation.

(a) Purpose and Intent

• The purpose of this Sec. 7-20-100 is to promote the general welfare by providing for the recognition, protection, enhancement, perpetuation and continued use of historic sites, structures, buildings, features and areas that contribute to the unique quality of the landscape in Pitkin County for the following reasons:
  1. To encourage public knowledge, understanding and appreciation for the broad historic trends that have shaped the county’s historic and scenic character.
  2. To provide a mechanism to identify and preserve the distinctive historic and architectural characteristics of our heritage, which represent the important elements of the county’s cultural, social, economic, political, and architectural history.
  3. To conserve and improve the value of property recognized as significant and encourage their productive, economical and sustainable reuse.
  4. To safeguard the historic architectural and cultural resources that support tourism and the economic welfare of the community.
  5. To provide a mechanism to resolve conflicts between the preservation of important historic resources and cultural landscapes and the growing pressures of development and alternative land uses.

(b) Recognition of Historic Resources – Three-Tiered System

• The first step for the preservation of the county’s significant historic resources is the identification of the sites, structures, buildings and areas associated with the county’s historic development and then a systematic public process to determine their value to the community. This process is intended to provide a means of deciding and communicating which properties are in the public interest to protect. The three-tiered system for recognition takes into account the relative importance of the range of historic resources that exist in the county. The basic level of recognition by the County is listing on an inventory. Listing on the Pitkin County Historic Inventory has no regulation associated with it (with the exception of a demolition permit as required on all properties in the County), unless the property owner voluntarily agrees to regulation, and there are selected incentive programs available to inventory properties. Inclusion on the historic inventory makes properties eligible for designation to the Pitkin County Historic Register. Properties designated on the Historic Register are afforded protection through the regulation of demolition and exterior rehabilitation work. Register properties are also eligible for an array of optional incentives as well as the base incentives provided by the County to assist in the preservation of its significant historic and architectural resources. While the County makes an effort to identify those properties eligible for the Historic Inventory or Historic Register, owners of historic properties interested in the recognition of their significance and assistance in their preservation are encouraged to apply for listing or designation of their properties. In addition to the Historic Inventory and Register, there is a Redstone Historic District, in which properties are subject to the guidelines and procedures in the 2004 Village of Redstone Design Guidelines.

1. The Pitkin County Historic Inventory
   • This section sets forth the criteria and process for listing on the Historic Inventory and identifies the incentives available to properties listed on the inventory. The Inventory list, which is maintained by the Community Development Department, is intended to provide a comprehensive list of those sites, structures, buildings, objects, features and areas that have associative qualities and/or physical characteristics that illustrate the historic and architectural influences that have shaped the county’s historic built environment and cultural landscapes. The locations of those properties listed on the Pitkin County Historic Inventory are indicated on documents available at the Community Development Department.
     • (a) Criteria for Inclusion in the Inventory
       • Individual sites, structures, buildings, objects and features or collections of sites, structures, buildings, objects and features can be included in the inventory with evidence that these property types are associated with, represent or illustrate through their location, setting, physical form, materials and/or workmanship the following historic contexts:
         1. Agriculture
         2. Ranching
         3. Railroads
         4. Mining
         5. Tourism
         6. Community Development & Planning
         7. Vernacular Architecture
         8. Rustic Architecture
         9. Victorian Architecture
         10. Work of a Master
         11. Association with individuals whose contribution to local, state, regional or national history is deemed important and has been documented
         12. Prehistoric Occupations
     • (b) Sufficient Evidence for Inclusion on Inventory
       • Staff will update the Inventory as information is compiled (i) in the conduct of historic resource surveys, and (ii) as part of the review of development projects, and (iii) through the submission of information by property owners, preservation organizations and interested citizens. Sufficient evidence that a property type merits inclusion on the Pitkin County Historic Inventory includes:
         1. Listing individually or as a “Contributor” to an historic district on the Colorado State Register of Historic Properties or the National Register of Historic Places, or
         2. Determination as to eligibility either individually or as historic district contributor and associated documentation as part of a State Historic Preservation Office sponsored survey or National Historic Preservation Act of 1966, as amended, Section 106 consultation, or
         3. Conducting research and preparing a written report supplemented with photographs, maps and drawings, as necessary, in conformance with the Secretary of Interior’s Standards for Identification and Evaluation, or
         4. Documentation by individuals or firms meeting the Secretary of Interior’s Standards for Professional Qualifications, or
         5. Properties identified as part of a public planning process that have a high level of significance and support for its preservation by the community.
     • (c) Historic Inventory Information
       • Information maintained by Pitkin County as part of the Pitkin County Historic Inventory will include, but not be limited to: (i) historic resource name; (ii) historic property type classification, (iii) address, (iv) documentation of significance, (v) photographs, (vi) boundaries, as applicable, and (vii) ownership.
2. Pitkin County Historic Register
   • It is recognized that there exist some historic properties that possess a level of historic, architectural or cultural significance; integrity, visual prominence and/or high value to the community such that they are of greater importance and clearly distinguishable from other historic resources. The Pitkin County Historic Register is hereby established to ensure the protection of and encourage the preservation and enhancement of these significant historic resources.
     • (a) Criteria for Designation to the Historic Register
       • Properties may be designated to the Historic Register through resolution of the Board of County Commissioners after a One-Step Review process, as described in Sec. 2-30-30. Properties eligible for designation to the Historic Register include individual sites, structures, buildings, objects and features or collections of sites, structures, buildings, objects and features. These historic properties must meet the criteria and have the minimum level of documentation for listing on the Pitkin County Historic Inventory. Additionally, to initiate the designation process, a set of findings must be prepared documenting the higher level of significance for the historic resource(s). Included in the analysis shall be information about:
         1. Importance of the historic theme to which the resource is related to the County’s history.
         2. The number of other historic properties that this resource represents and how it is exemplary.
         3. The resource’s level of integrity of location, setting, design, materials, workmanship, feeling and association.
         4. The qualities of singularity such as rarity, uniqueness, and age.
         5. Visual prominence.
         6. Role in community events and celebrations.
         7. If the work of a notable architect, builder or craftsman, how this property compares with the body of work produced by the individual or firm.
         8. If associated with a notable individual, how the property illustrates their contribution to the county, state or nation.
     • (b) Effect of Designation to the Pitkin County Historic Register
       • From and after the adoption by the Board of County Commissioners of a resolution designating a property to the Pitkin County Historic Register, any demolition, relocation, alteration, new construction or any other development within the boundaries of the designated property is subject to provisions of this section.
         1. Pitkin County will prepare design guidelines for designated properties to offer assistance to property owners and/or their representatives in understanding the physical characteristics that contribute to the significance of the historic property. The guidelines recognize that changes will occur to historic properties for their continued use and functional viability. Their intent is to provide guidance in the planning of alterations and new construction such that the proposed work does not adversely affect the character-defining features and/or diminish the significance of the historic properties. These guidelines shall apply to exterior features only. The guidelines shall be organized to include (i) general guidelines that apply to categories of property types or historic architectural styles, and (ii) specific guidelines tailored to address the unique qualities or characteristics of a particular site, structure, building, complex or district. Until the design guidelines are adopted by the Board of County Commissioners, the Secretary of the Interior’s Standards for Rehabilitation shall be utilized to review alterations and new construction.
         2. For designated properties, the provisions and processes of other County codes, sections and regulation standards may be modified, as described in this section, if it can be demonstrated that it will assist to maintain the historic and architectural character of the property. Modifications to zoning standards must be approved by the Board of County Commissioners.
         3. Designated properties will be eligible and have priority to participate in County programs related to financial, developmental, technical and promotional assistance that will serve to maintain, preserve and/or enhance their historic and architectural character.
3. The Redstone Historic District
   • The third mechanism used by Pitkin County for the recognition of significant historic properties is the Redstone Historic District.
     • (a) The Redstone Historic District was designated by the County in 1980 by the Board of County Commissioners through the establishment of an Historic Preservation (HP) overlay zone.
     • (b) The Redstone Historic Preservation Commission was authorized by the Board of County Commissioners in 1994 to serve as a regulatory body responsible for the review and approval of all repair, alteration or new development within the historic district. The procedures and standards used in the review and approval of such work are set forth in the 2004 Village of Redstone Design Guidelines.
     • (c) Specific benefits have been developed that are available to property owners within the district that will remain in effect and are not modified by the adoption of this section of this Land Use Code.

(c) Requirement for Certificate of No Effect and Certificate of Appropriateness

1. Applicability
   • (a) An application for a building permit or a development permit for exterior alterations, relocation or development of a property designated to the Pitkin County Historic Register, shall be incomplete unless a Certificate of No Effect or a Certificate of Appropriateness is submitted concurrently.
   • (b) In the event work requiring a Certificate of No Effect or a Certificate of Appropriateness is being performed without such an approval, the County will contact the person performing the work and require that all work cease. If the work continues, the Chief Building Official will issue a Stop Work Order. In the event that work is being performed that is not accordance with an approved Certificate of No Effect or Certificate of Appropriateness, the Chief Building Official will issue a Stop Work Order. The County may seek an injunction to enforce a Stop Work Order.
   • (c) The provisions for the issuance of Certificates of No Effect or Appropriateness shall not be construed to prevent ordinary maintenance or repair that does not change the design, materials or, architectural elements or site features of a designated property. Selected activities are exempt from the review procedures including interior remodeling, exterior repainting and paint color selection, and the repair of exterior walls with materials and finishes to match the existing walls.
2. Certificate of No Effect
   • An application for a Certificate of No Effect is subject to Administrative Review pursuant to Sec. 2-30-20(g)(14). 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.
3. Certificate of Appropriateness
   • An application for a Certificate of Appropriateness is subject to Administrative Review pursuant to Sec. 2-30-20(g)(15). However, if there are any issues about the appropriateness of the proposed work, or if the project is of a magnitude that community input is desired, the Community Development Director may determine that the application is subject to a One-Step Review process before the Board of County Commissioners, pursuant to Sec. 2-30-30.

(d) Avoiding Demolition

• Historic properties are irreplaceable assets of a community. Once demolished they are forever gone and cannot be replaced. It is the intent of this section to preserve the historic and architectural resources that have a demonstrated significance to Pitkin County, to require reasonable measures to ensure that historic properties are not inadvertently or unnecessarily destroyed, and to require consideration of alternatives to their demolition.
  1. Demolition Permit Required
     • (a) No permit shall be issued by the Chief Building Official or designee to demolish a property designated on the Pitkin County Historic Register or listed on the Pitkin County Historic Inventory and for which a growth management exemption for an additional single family dwelling unit was granted prior to the 5th of July, 2006 without a Certificate of Demolition approval.
     • (b) An application for a Demolition Permit shall be subject to Administrative Review pursuant to Sec. 2-30-20. If the Community Development Department determines that a Demolition Certificate cannot be issued based on those criteria set forth in Sec. 2-30-20(g)(16), then the applicant may appeal that decision to the Board of County Commissioners pursuant to Sec. 2-20-180.
  2. Appeals of Denial of Demolition Certificate
     • (a) In addition to those actions listed in Sec. 2-20-180, the Board of County Commissioners may delay the demolition for a specified period of time or continue the application to obtain additional information necessary to consider the demolition request.
     • (b) If a demolition request is delayed in an attempt to find an alternative to demolition, the County will work: (i) with the property owner(s) to determine what types of assistance might be provided by the County to retain the property and/or place it in productive use; and (ii) to investigate methods of acquisition by a private, non-profit or public entity that will preserve the property; and (iii) to make the larger community aware of the impending loss of the historic resources.
     • (c) At the end of the specified period of time for the delay of demolition, a report will be made to the Board of County Commissioners and (i) if no prudent or practicable alternative has been identified, the demolition permit will be issued in conformance with the procedures established in this section, or (ii) if substantial financial, development or technical assistance has been offered by the County to the property owner or if an offer for purchase at fair market value of the property is refused by the property owner, the application for demolition may be denied or the delay period extended.
     • (d) If the demolition request is denied because it does meet the aforementioned criteria, the applicant may request a determination that such denial constitutes a taking of private property pursuant to Sec. 2-40-150.
  3. Properties for Which Designation to the Pitkin County Historic Register Has Been Initiated
     • (a) While it is the intent of this Sec. 7-20-100 to preserve historic properties that have been formally recognized as significant through designation to the Historic Register, it is understood that the identification, evaluation and designation of all sites, structures, buildings, objects and districts within the county of importance to the general welfare, economic prosperity and civic pride of the community is an on-going process. Therefore it is important to establish reasonable measures to protect properties that potentially qualify for designation and allow for a review and hearing process to ensure they are not needlessly lost.
     • (b) When an application has been filed requesting permission to demolish any property for which designation to the Historic Register has been initiated, the application shall be stayed for a period of six (6) months. During that six (6) month period, the County shall consider the application for designation to the Historic Register as set forth in this Land Use Code. If a public hearing on the application for designation is not held within the six (6) month stay period, the stay shall expire and the application for demolition shall be processed. An additional six (6) month stay period may be extended by a resolution by the Board of County Commissioners for a showing of good cause.
  4. Properties Listed on the Pitkin County Historic Inventory
     • When a demolition application is filed for a property listed on the Pitkin County Historic Inventory, the following procedures will be followed:
       • (a) The demolition request may be approved by the Community Development Department if it is determined the criteria for demolition approval have been met.
       • (b) The demolition request may be delayed for thirty (30) days to allow for notification to the larger community of the planned demolition. During the thirty (30) day period notice will be published in the newspaper, the property will be posted and preservation-related organizations and known interested parties will be contacted to seek assistance in developing alternatives to the demolition.
       • (c) At the end of the thirty (30) day period if no alternative acceptable to the property owner has been identified, the demolition permit will be issued without further review.

(e) Redstone Historic District

1. General
   • When development occurs within the Redstone Historic District, and the activity is not listed as a minor development activity in subsection (2) below, the following standards shall apply:
     • (a) The project shall be compatible in general design, massing, volume, and scale with historical structures that are located on the parcel and/or in the surrounding neighborhood.
     • (b) The Site Plan shall be consistent with the historic town pattern and supports or enhances the pedestrian nature of Redstone.
     • (c) The project shall preserve the architectural and historical integrity of any and/or all historic structures on the property.
     • (d) The project shall utilize the Village of Redstone Design Guidelines (adopted January 21st, 1981, revised 1996, and revised 2004) as the basis for proposed development activity within the Redstone Historic District.
2. Minor Development Activities within the Redstone Historic Inventory Area
   • Minor development activities within the Redstone Historic Inventory Area shall include the following, each of which is exempt from review by the Redstone Historic Preservation Commission and from the requirement to comply with the standards in subsection (e) above.
     • (a) Erection of an awning, canopy, sign, fence or other similar attachments to, or accessory features of a structure, provided however, that in the process of erecting said attachments, none of the original materials are destroyed or removed. Incidental destruction or removal necessary to erect any attachment shall not make the action significant development.
     • (b) Remodeling of a structure where alterations are made to no more than one element of the structure, including but not limited to, a roof, window, door, skylight, ornamental trim, siding, kickplate, dormer, porch, staircase and balcony;
     • (c) Expansion or erection of a structure wherein the increase in floor area of the structure is one hundred (100) square feet or less; or
     • (d) Erection or remodeling of combinations of, or multiples of, no more than three (3) of the following features: awnings, canopies, signs, fences and other similar attachments; or windows, doors, skylights and dormers. Erection of more than three (3) of the above listed features may be defined as minor if there is a finding that the cumulative impact of such development is minor in its effect on the character of the existing structures.

(f) Benefits

• Pitkin County is committed to providing support to private property owners to assist in their efforts to maintain, preserve and enhance their historic properties. The benefits provided are intended to balance any inconveniences that might be imposed by the protective measures of this section. They also recognize the value gained by the larger community from the preservation of these resources.

1. Applicability
   • (a) Prior to the adoption of this Land Use Code provision, a program of incentives was previously developed for the historic properties in the Redstone Historic District. It is the intent of Pitkin County to maintain those existing incentives that are available to the property owners within the Redstone Historic District.
   • (b) Properties that are subsequently designated to the Historic Register or listed on the Historic Inventory may be eligible for the following benefits subject to the specific provisions for participation.
2. Base Incentives
   • All properties designated to the Pitkin County Historic Property Register or listed on the Pitkin County Historic Inventory are eligible for:
     • (a) Alternative Building Code Compliance
       • To preserve and maintain the historic and architectural character of listed and designated properties the International Existing Building Code (IEBC) may be utilized to provide alternative approaches to the requirements of the International Building Code (IBC). These modifications may not change the goals of the applicable safety and permit requirements and must follow the procedures provided for modification set forth in the IEBC. The Chief Building Official may also grant exemption from the Energy Code and Efficient building program for listed or designated historic properties.
     • (b) Variances
       • The Board of Adjustment may approve variances from the dimensional requirements of this Land Use Code as permitted pursuant to Sec. 2-40-110 if it is demonstrated that these variances assist in the preservation and maintenance of the listed and designated historic properties.
     • (c) Priority for Participation in County Programs
       • Listed or designated properties will be eligible and have priority to participate in other County programs related to financial, developmental, technical and promotional assistance that will serve to maintain, preserve and/or enhance their historic and architectural character.
3. Optional Incentives
   • Properties designated to the Pitkin County Historic Register may be granted the following incentives by the Board of County Commissioners on a discretionary basis:
     • (a) Expedited Review
       • A project involving a designated property may be brought before the Board of County Commissioners for consideration of its merits and the circumstances needed for the preservation of the historic site, structures or buildings, without the completion of all the necessary application materials. Completion of the necessary reports may be required for final approval but an initial review may be scheduled if the Community Development Director determines that the proposed project’s preservation accomplishments should be the overriding consideration.
     • (b) Transfer of Development Rights
       • Transfer of Development Rights may be allowed subject to compliance with standards for issuance of TDRs on historic register properties in Section 6-70-40.
     • (c) Extended Vesting Period
       • An extended vesting period may be granted.
     • (d) Exemptions
       • The following exemptions may be granted by the Board of County Commissioners on a discretionary basis.
         1. Growth Management Quota System exemptions are available pursuant to Sec. 6-30 and/or development may be fully or partially exempt from the Growth Management Quota System;
         2. Subgrade space may be exempted from floor area calculations; and/or
         3. Exemption from affordable housing mitigation requirements.
     • (e) Density Bonus
       • The ability to construct one (1) additional house, notwithstanding the existence of a historic building on the property and the failure of the lot or parcel to meet the minimum size otherwise required to accommodate both the historic and the new building.
     • (f) Reduced Riparian Are/Wetland Setback
       • The riparian/wetland setbacks established in Sec. 7-20-80(a)(2) may be reduced in order to effectuate the preservation of an historic resource, when there is no other reasonably appropriate area outside of the setback to accommodate additional development. To be eligible for this incentive, the applicant shall demonstrate as part of an Activity Envelope application for proposed development that the reduction in the setback will not result in water quality degradation, stream bank erosion and/or a reduction in the quality of riparian or wetland habitat, pursuant to the following criteria:
         1. Slopes within the setback reduction requested are less than thirty (30) percent.
         2. Highly erodible soils or unstable stream bank conditions are not present within the setback reduction requested or will be unaffected by the proposed activity or development within the setback reduction requested.
         3. The proposed use of the property does not present a special hazard to water quality or wetlands (e.g., storage or handling of hazardous or toxic materials).
         4. The setback shall not be reduced such that it encroaches into the one hundred (100) year or intermediate regional flood zone as defined in Sec. 7-20-40(a). Development shall not impede the one hundred (100) year flood flow.
         5. Trees, shrubs or other natural features that provide for stream bank stability, enhance wildlife or aquatic movement within a stream corridor, provide habitat enhancement for aquatic environments and riparian area protection do not exist, or will be unaffected by the proposed activity or development within the setback reduction requested.
         6. Habitat for plant, animal, or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service does not exist within the setback reduction requested.
         7. Habitat for plant, animal, or other wildlife species listed by the State of Colorado as rare, threatened, or endangered, species of special concern, or species of undetermined status does not exist within the setback reduction requested.
         8. The area within the setback reduction requested is not needed to prevent or minimize flood damage by preserving storm and flood water storage capacity.
         9. The area within the setback reduction requested is not needed to protect fish spawning, breeding, nursery and feeding grounds.
         10. The area within the setback reduction requested is not needed to preserve areas of special recreational, historical, archeological, scenic, or scientific interest.
         11. The applicant shall agree to enhancement of riparian vegetation as a condition of the activity envelope designation and shall demonstrate compliance with said condition during the Site Plan Review process. The riparian vegetation enhancement that is accomplished shall be proportional to the extent of the existing riparian habitat degradation on the site. A construction management plan and drainage and erosion control plan will be required to insure that there will be no deleterious effects on existing riparian vegetation.
4. Eligibility

Preservation of the character of Pitkin County requires careful attention to the visible impacts of proposed development. In general, the standards of this Sec. 7-20-120 are designed to minimize the visual impact of new development (including expansions to existing structures) when viewed from designated road corridors, as well as to preserve the rural character of all Rural Areas of the county. Scenic View Protection Areas shall be considered at the time of Site Plan approval and Building Permit issuance.

(a) Intent

• The intent of this Sec. 7-20-120 is:
  1. To establish a Scenic View Protection Area that includes lands that are proximate to and most visible from specific roads in the County, with specific concerns for the areas that constitute the visual entrance "image" and passage through Aspen and Pitkin County as well as views of ridgelines from those roads.
  2. To maintain a natural ridgeline silhouette against the sky and to steer development away from ridgelines and skylines throughout the County as viewed from public roadway corridors.
  3. To insure that new development is designed and located to complement the natural landscape and the natural features within the public viewplane in order to achieve an aesthetically pleasing, rural atmosphere.
  4. To reduce visual damage to the natural landforms and views throughout the County.

(b) Applicability

1. All areas shown on the County’s Scenic View Protection Area maps, which are maintained in the Community Development Department, shall comply with the standards of subsection (d) below. The Scenic View Protection Area map includes scenic foreground areas, public viewplanes, and ridgelines. The mapped areas are identified as viewed from the following rights-of-way:
   • (a) State Highway 82;
   • (b) Brush Creek Road;
   • (c) Capitol Creek Road;
   • (d) Snowmass Creek Road;
   • (e) State Highway 133;
   • (f) Frying Pan Road;
   • (g) Castle Creek Road;
   • (h) Maroon Creek Road;
   • (i) West and East Sopris Creek Roads;
   • (j) Owl Creek Road;
   • (k) Upper and Lower River Roads;
   • (l) McLain Flats Road; and
   • (m) Woody Creek Road.
   • (n) Emma Road
   • (o) Coal Creek Road
   • (p) Thompson Creek Road (North, Middle, and South Forks);
   • (q) Watson Divide Road
   • (r) Prince Creek Road; and
   • (s) Lime Creek Road
2. All development in the Rural Area shall be sited in consideration of the rural character guidelines of subsection (e) below.

(c) Exemptions

• These standards shall not apply to:
  1. Activity or development that is covered by a valid building permit.
  2. All interior remodels that do not change any outside visual aspect of the structure.
  3. Lots within platted subdivisions approved by the County, which have designated Activity, Building or Development Envelopes, unless the terms of the approval require ridgeline or scenic review prior to construction.
  4. Any proposed development for which the Community Development Director determines that:
     • (a) The proposed development is not visible from those rights-of-way listed in subsection (b) above; or
     • (b) A proposed addition to or remodel of an existing structure or a proposed accessory structure has been located to minimize perceived mass when viewed from those rights-of-way listed in subsection (b) above and has been placed so it does not project above a ridgeline. The new or remodeled/expanded structure shall not silhouette against the sky when viewed from those corridors listed in subsection (b) or
     • (c) The development is exempt from Activity Envelope and Site Plan Review pursuant to Sec. 7-10-30(a), (b), (e), (f) and (g).
     • (d) For purposes of this section, visible means that a structure or use is discernible to the naked eye from the designated roadway.
     • (e) Standards for Development within Scenic View Protection Areas

(d) All non-exempt development located within a mapped Scenic View Protection Area shall comply with the following standards.

1. The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills, and existing trees, to screen buildings to the maximum extent practicable when viewed from those right-of-way listed in subsection (b) above.
2. The proposed development shall avoid the location of structures within the Scenic View Protection Areas, and shall avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan if possible. If location outside the Scenic View Protection Area and defined Viewplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of any site as viewed from those corridors listed in subsection (b) above.
3. The proposed development's height and bulk shall be designed to avoid, to the maximum extent practicable, the visibility of buildings from those corridors listed in subsection (b) above. This may include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building façades to avoid a wall or row effect, and staggering rooflines to avoid a long unbroken plane.
4. The proposed structure shall be placed so it does not project above a ridgeline. The structure shall not silhouette against the sky when viewed from those corridors listed in subsection (b), unless there are no alternate building sites on the lot or parcel.
5. The proposed development shall be designed to complement the natural topography of the land through the use of techniques such as earth-sheltered design, the use of natural materials and coloring, the use of low-reflectance materials, or clustering of structures on the least visible portions of the site. When a building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel, or complement the natural form of the ridgeline so that it appears to be an element of the natural ridgeline.
6. The proposed development shall preserve natural vegetation and avoid development within irrigated meadows, to the maximum extent practicable.
7. The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extent practicable.
8. All satellite dishes in the proposed development shall be located to minimize visibility from those rights-of-way listed in subsection (b), and shall use earth tone colors and/or screening to minimize their visual impact.
9. The proposed development shall not use earth moving and berms as the primary means of compliance with these regulations, but earth moving may be utilized in conjunction with other techniques to comply with standards in this section. Where earth moving techniques are necessary, man-made forms should be undulating and natural in appearance.
10. In the Rural Areas only, development shall be located so that activities and development occur in at least one of the locations specified in subsection (e) as they may apply to the particular property.
11. Earth Tone Materials
    • The exterior of all development, except development located and designed in the form of a ranch compound, shall be built or painted with indigenous earth tone materials or colors. The exterior of a ranch compound should be built or painted with indigenous earth tone materials, or shall be painted or stained using local, traditional ranch colors, which shall include shades of red, brown, or white. Paints or stains that simulate weathered barn wood also shall be permitted.
12. Roofs
    • All roofs shall have a non-reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment.
13. Revegetation of Disturbed Areas
    • Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of planted native species.
14. Driveways Avoid Dividing Meadows and Pastures
    • To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight line corridors that are incongruous with the natural setting.

(e) Rural Character Guidelines for Building Location

• In addition to complying with the standards of subsection (d) above (if applicable), all development in Rural Areas should be located so that activities and development occur in one or a combination of the following locations as they may apply to the particular property: (1) at the edge of an open meadow or pasture; (2) behind an existing stand of vegetation; (3) behind or built into a change in natural topography; or (4) within a pasture or meadow, clustered in the form of a ranch compound, or adjacent to or integrated into an existing ranch compound. Where guidelines reference distances from a road, and more than one road borders the property, the guideline applies to the road carrying the greater amount of traffic. Guidelines for each of these locations follow:

(a) Purpose

• These regulations are intended to preserve existing vegetation on development sites to the maximum extent consistent with the permitted development, and to ensure that specific types of man made improvements are screened from view in order to preserve the rural character of the County, and to prevent the use of landscaping in ways that would compromise the rural character of the County.

(b) General Provisions

1. Protection of Natural Vegetation
   • In order to protect the rural character of Pitkin County, natural vegetation should be preserved to the maximum extent practicable, and any installed landscaping shall use the species plant materials naturally occurring on the site or on neighboring properties (except for flower gardens). Restrictions on removal of natural vegetation, and requirements for revegetation, are set forth in other portions of this Chapter 7.
2. Conformance with Wildfire Regulations
   • In the event the provisions of this Sec. 7-20-130 conflict with any provisions of Sec. 7-20-60, as those requirements may be varied by a wildfire expert approved by the County, the provisions of Sec. 7-20-60 shall govern.
3. Berms
   • Berms may be incorporated into any required landscaping, buffering, or screening area, provided that the County determines, during the development approval process, that the proposed berms will not cause drainage or erosion problems. No installed berm shall have a slope of greater than four-to one (4:1), nor a height greater than four (4) feet above grade.
4. Landscape Enclosures
   • Landscaping shall not be used to mark or enclose the boundary of a parcel, or to privatize an otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property immediately surrounding a dwelling, barn, and/or accessory buildings (as opposed to the entire property or a large area of the property) are permitted if made to resemble similar windbreaks located near older properties in Rural Areas of the County.
5. Visibility Clearance
   • All landscaping shall be installed and maintained so that it does not interfere with the ability of drivers to see nearby traffic at the intersection of any driveway with a public road, or at the intersection of two public roads.
6. Utility Easements
   • Whenever the provisions of this Sec. 7-20-130 would require the installation of trees or shrubs over or on utility easements, where branches or roots might interfere with utility lines or pipes, the required location for such trees and shrubs shall be modified to require installation at the closest location that would avoid potential conflicts with utilities and would enable the trees and shrubs to serve the same landscaping purpose.
7. Financial Security
   • The Community Development Department may require financial security in a form acceptable to the County Attorney to ensure completion of installation of all required landscaping and/or successful establishment of plants.
8. Maintenance
   • All plants shall be maintained continually in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Within areas required to be landscaped with installed plant materials, plants that die or are unhealthy shall be replaced. Landscape areas shall remain free of weeds, litter, junk, rubbish and other nuisances and obstructions.

(c) Required Landscaping in Rural Areas

• In the Rural Area:
  1. Landscaping is required for the following purposes: (i) to screen satellite dishes and other telecommunications equipment when located within five hundred (500) feet of adjacent public roads and visible from such roads, and (ii) to screen parking areas and service areas when viewed from adjacent public roads, (iii) where necessary to comply with the standards of Secs. 7-20-70, 7-20-80, or 7-20-120, and (iv) to revegetate disturbed areas.
  2. Landscape treatments shall cluster shrubs and trees into groupings similar to those naturally occurring on the site or neighboring sites, shall use indigenous species of shrubs and trees, and shall not be installed in regularly spaced lines or rows, unless more specific provisions of Secs. 7-20-70, 7-20-80, or 7-20-120 require a different treatment.

(d) Required Landscaping in Urban Areas

• In the Urban Area:
  1. Where Required
     • Landscaping is required for the following purposes for new development on the property: (i) to screen satellite dishes and other telecommunications equipment when located within two hundred (200) feet of adjacent public roads and visible from such roads, (ii) to screen non-residential parking areas and service areas when viewed from adjacent public roads, (iii) to create a landscaped street edge in the B-2 zone district, (iv) to break up required parking areas in the B-2 zone district into smaller “cells” of parking, and (v) to break up the perceived mass of larger buildings in the B-2 zone district through the use of foundation plantings.
  2. Minimum Areas and Plant Densities Required
     • All required areas for landscaping, buffering, or screening shall comply with the following standards unless these standards conflict with another development standard in this Chapter 7.

(a) Satellite Dishes and Telecommunications Equipment

• Landscape treatments shall use indigenous species of shrubs and trees and shall be sufficient to block visibility of seventy-five (75) percent of the dish or equipment within three (3) years of planting.

(b) Non-Residential Parking Areas and Service Areas in all Zone Districts, and Street Edge in B-2 Zone District

• Screening for non-residential parking areas and service areas shall be at least fifteen (15) feet in width and shall have at least (1) large tree (minimum 30 foot height at maturity) per fifty (50) linear feet of landscape area, plus one (1) shrub per ten (10) feet of linear landscape area, plus two (2) groundcover plants per each five (5) linear feet of landscape area.

(c) Parking Cells in B-2 Zone District

• Landscaped islands shall be used to break up parking into “cells” containing no more than forty (40) parking spaces, and the landscaped islands shall cover at least five (5) percent of the gross area of the parking lot, including areas for driving aisles, but excluding any areas occupied by perimeter landscaping along adjacent public streets. Each landscaped island shall be a minimum of eight (8) feet wide and shall contain at least one (1) medium tree ( minimum 20 feet height at maturity) per fifty (50) feet of linear length, plus one (1) shrub per ten (10) feet of linear landscaped area, plus two (2) groundcover plants per five (5) linear feet of landscaped area.

(d) Building Perimeter Landscaping in B-2 Zone District

• Shrubs shall be planted within ten (10) feet of the foundation of the primary structure along each building façade visible from an adjacent public road, at the rate of at least twenty (20) shrubs per one hundred (100) linear feet of visible building façade. Foundation plantings may be clustered to provide interest, and plants of larger size or differing species shall be installed adjacent to the main pedestrian entryway to each building to emphasize that entryway. The Community Development Department may waive foundation planting requirements for portions of the sides or rears of buildings where loading areas or other similar areas precluding planting.

(e) Alternative Approaches

• Plant spacing and densities differing from those in subsections (a) through (d) above may be approved if the Community Development Department determines that such alternative will include at least the same amount of living landscape material and will have an equally landscaped appearance when viewed from adjacent roads and properties.

(a) Applicability

• The standards in this Sec. 7-20-140 are applicable to all lighting in Pitkin County. No lighting shall be installed or continued that violates the standards of this section.

(b) Bulb Visibility

• All exterior lighting shall be designed so that the bulb (point light source) is not directly visible from adjacent and neighboring properties or public rights-of-way. This can be accomplished using fixtures that "fully shield" the bulb behind opaque shielding (i.e., the light distribution is primarily down and/or up directed) or which utilize non-transparent diffusion material (e.g. glass, acrylic, or polycarbonate) in the case of fixtures with some sort of translucent lens(es) around the bulb compartment. In the case of opaque shielding, wattage shall be limited to sixty (60) incandescent watts per fixture or twenty-five (25) compact fluorescent watts.

(c) Light Trespass

• Light trespass is defined as the shining of light produced by a light fixture beyond the horizontal boundaries of the property on which it is located and vertically above the property. For all types of uses, light level shall be no greater than one-half (1/2) of a foot-candle at the property line.

(d) Maximum Heights and Intensities

(e) Uplighting

• Uplighting is only permitted when used as follows:
  1. To light a primary entrance, when the lighting fixture is wall-mounted under an architectural element (e.g., roofs over walkways/entries or overhanging, non-translucent eaves) and that this element contains the illumination, and
  2. To light flags, when no more than two light fixtures per flag are used, with a maximum of one hundred fifty (150) watts each. The fixture must be shielded such that the point source is not visible outside a fifteen foot (15’) radius.

(f) Highlighting

• Illumination of building facades, driveways, and landscaping shall be prohibited. Lighting intended to illuminate the Roaring Fork, Frying Pan and Crystal Rivers or their tributaries shall be prohibited.

(g) Floodlighting

• Floodlighting is only permitted when it is down-directed and controlled by a motion sensor that is triggered by activity within the owner’s property lines, and when fully-shielded such that the light source is not visible from adjacent and/or neighboring properties. Ground-mounted floodlighting of a structure is prohibited.

(h) Safety and Security Lighting

• The use of motion sensors, photocells, or photocell/ timers to control duration of nighttime illumination is required for safety and security lighting. In all cases, light intensity shall be limited to between one and two (2) foot-candles.
  1. Motion Sensors are the preferred method for controlling nighttime illumination. These are only permitted where the sensor is triggered by activity within the owner’s property lines.
  2. Photocells are only permitted under the following conditions:
     • (a) At primary points of entrance (e.g., front entries) or in critical common areas for commercial and multi-family properties;
     • (b) Where the light sources are fully shielded by opaque material (i.e., the fixture illuminates the area but is not itself visibly bright);
     • (c) For residential properties, the light source is fluorescent (or compact fluorescent) to eliminate excess electricity consumption; and
     • (d) For non-residential properties, HID light sources (high pressure sodium and metal halide) may be used instead of fluorescent lighting.
  3. Timer/Photocell Combinations are a preferred method when used for nighttime control at primary points of entrance (e.g., front entries) and may be used with fully shielded lighting fixtures with non-transparent diffusion material.

(i) Properties Adjacent to Public Rights of Way

• In addition to being in compliance with the above sections, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. Specifically, the following is prohibited:
  1. Any light not designed for roadway illumination that produces direct or reflected glare that could be disturbing to the operator of a motor vehicle.
  2. Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal, or County government.

(j) Mercury Vapor and Low Pressure Sodium Sources

• These light sources are prohibited.

(k) Non-Residential and/or Mixed Residential and Commercial Fixture Heights and Types

• Fixture heights (as measured from grade to the bottom face of a fixture) shall be ten (10) feet or less in height, or the fixture must be fully shielded ("cutoff"), non-adjustable, and down-directed (or building mounted and directed back at a facade). For the following special use areas, the specified heights shall apply:
  1. Public Parking Lots
     • Lights shall be between twelve (12) feet and fifteen (15) feet high. Light intensity shall be between zero (0) and one-half (1/2) foot-candles.
  2. Pedestrian Walkways
     • The preferred option is for low-level "bollard" or pipe-mounted fixtures that are fully shielded and down-directed and have a maximum of four (4) feet height and minimum spacing of twenty-five (25) feet. If pole-mounted fixtures are desired, ten (10) feet is the maximum height with a minimum spacing of fifty (50) feet. Pole-mounted fixtures above six (6) feet in height must be fully shielded, non-adjustable, and down-directed. Lighting intensity shall be between one tenth (0.1) foot-candle and one half (1/2) foot-candle.
  3. Vehicular Intersections
     • Fixtures heights shall be between twenty (20) feet and twenty-five (25) feet in height. Lighting shall be between one-half (1/2) and one (1) foot-candle.
  4. High-Activity Pedestrian Areas
     • Lighting shall be between ten (10) feet and twelve (12) feet in height. Lighting shall be between one-half (1/2) and one (1) foot-candle. High-activity areas refer to areas where there is a concentration of people, particularly at night.
  5. Automobile Service Station Canopies
     • Light fixtures mounted on Automobile Service Station canopies and other canopies shall be recessed so that the lens cover is flush with the bottom surface of the canopy or shielded by the fixture or the edge of the canopy so that light is restrained to eighty-five (85) degrees or less from horizontal. Lights shall not be mounted on the top or sides (fascias) of the canopy. Signing that is in compliance with sign regulations may be placed on these surfaces.

(l) Signage

The following shall apply to sign illumination:

1. Internally-illuminated signs are prohibited.
2. Sign lighting shall be down-directed and shielded from neighboring property and the vision of passing motorists (see subsection (k) above).
3. Total wattage shall not exceed seventy-five (75) watts for incandescent light sources and thirty-two (32) watts for fluorescent sources.

(m) Linear Architectural Highlighting

• Linear lighting (including neon, fluorescent, rope-lighting, low-voltage strip-lighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement shall be prohibited.

(n) Blinking Lights

• Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity and changing color lights shall be prohibited, except for temporary holiday displays, lighting for public safety or traffic control, or lighting required by the FAA for air traffic control and warning purposes.

(o) Exemptions

• The following types of lighting installations shall be exempt from the provisions, requirements and review standards of this section.
  1. Health, Safety and Welfare
     • If a lighting plan or fixtures are proposed that do not meet this Land Use Code but have demonstrable community and/or health, safety and welfare benefits, an exemption may be considered. The applicant shall submit information to adequately assess the community and/or health, safety and welfare benefits for approval by the Community Development Director.
  2. Holiday/Winter Lighting
     • (a) Residential
       • Winter holiday lighting, including but not limited to lighting in outdoor trees, shall be illuminated only between November 15 and January 30.
     • (b) Commercial
       • Winter holiday lighting shall be illuminated only between November 15 and March 30.
     • (c) Redstone Boulevard
       • Residential and commercial winter holiday lighting shall be illuminated only between November 15 and March 30, or as determined by the Redstone Community Association.
     • (d) General Standards
       • All other lighting associated with any national, local or religious holiday or celebration may be illuminated two weeks prior to the holiday and extinguished within two days after the holiday. The light intensity of all holiday lighting shall not exceed one-half (1/2) of a foot candle at the property line.
  3. Approved Historic Lighting Fixtures
     • Nonconforming lighting fixtures that are consistent with the character of the historic structure may be exempted with approval from the Historic Preservation Officer or Historic Preservation Commission. Approved fixtures shall be consistent with the architectural period and design style of the structure and shall not exceed fifty (50) watts.
  4. Lighting for Temporary Commercial Use/Special Events
     • Requests for exemptions for lighting associated with temporary commercial uses and/or special events may be applied for under the Temporary Commercial Uses/Special Events procedures in this Land Use Code.