Embedded Files
The Pitkin County Comprehensive Plan, which summarizes the key elements of adopted rural neighborhood master plans, put a premium on preserving the rural character of the County. This Land Use Code is intended to implement the Pitkin County Comprehensive Plan and to contain urban growth. To implement that overriding goal of protecting the rural character of the County, Pitkin County uses traditional zoning and subdivision controls plus the following inter-related elements reflected in this Land Use Code.
(a) Location/Urban Growth Boundaries
- Pitkin County has worked with the City of Aspen and the Town of Basalt to jointly develop Urban Growth Boundaries (UGBs), which are shown in Chapter 3. Within the limits of the UGBs, development is generally permitted at greater densities, and the uses of land permitted are more comparable to those permitted within the adjacent city or town. Outside the UGBs, the densities and uses of land are generally limited to low density residential uses and agriculture. Zone districts have been grouped into those generally applicable inside or outside the UGBs, and are described in Chapter 3.
- The user should determine (1) whether his or her parcel is located inside or outside of the UGBs, and (2) in which zone district it is located.
(b) Legal Status of Parcel and Development Rights
- All residential and non-residential development in Pitkin County must take place on a subdivided lot or other legally created parcel or on a parcel of thirty-five (35) acres or more that is exempt from subdivision approval under Colorado law. The property owner will need to provide evidence that the parcel has development rights associated with it. The owner of a lot or parcel that does not carry with it the right to develop a house may still obtain the right to build a house through the use of transferable development rights or through the growth management system explained in subsection (e) below. Owners of properties that do not have, and do not obtain, the right to build a house or other primary structure on the property may still use the property for economic purposes, including agricultural uses, as set forth in Chapter 4.
- The user should determine whether their lot or tract carries with it the right to develop a house or other primary structure, or whether that right needs to be obtained through some other means.
(c) Maximum House Sizes
- Pitkin County has experienced significant demand for the construction of very large homes that (1) are inconsistent with the historic character of the County (both within and outside the UGB), (2) contribute to the declining affordability of housing in the County, and (3) generate very significant demands for additional affordable housing to accommodate the service workers needed to maintain the large homes and support their occupants. The County has therefore established both a base house size available for those properties that have the right to develop a home, and a larger house size available to those who either (1) offset the additional impacts on community character by purchasing a Transferable Development Right (as described below), or (2) compete for and receive a growth management allocation (as described in subsection (e) below). In general, house size is determined by floor area limitations of the zone district in which the property is located, as described in Chapter 5.
- Each applicant who wants to build, or expand, a house in the unincorporated portions of Pitkin County should determine whether the size of the house (or the house after construction of the addition, if applicable), can be attained without the purchase of TDRs or a growth management allocation.
(d) Transferable Development Rights
- Pitkin County has developed a system of transferable development rights (TDRs) that allow landowners in some zone districts to transfer some or all of the development potential associated with their property to other properties where development will be more consistent with the Pitkin County Comprehensive Plan. As part of this process, the landowner transferring the TDRs must record a restriction preventing future development of the property (to the extent of development rights transferred). In general, lands located in the RR, TR-1, and TR-2 zone districts, lots/parcels determined by the County to be “Constrained Sites” or “Visually Constrained Sites” (see Sec. 6-70-20(a)), as well as lands in an approved Conservation Development (see Sec. 3-70-40) may sell TDRs. TDRs may be purchased for two purposes. First, TDRs may be purchased by owners of property anywhere in the County in order to increase the maximum size of the home permitted on their lot or parcel, up to the maximum house size established in Chapter 5. Second, TDRs may be purchased by owners of lots and tracts located within the Aspen UGB that do not have the right to develop a house or other primary structure, in order to obtain that right. The process for obtaining a TDR is set forth in Chapter 2, and uses of a TDR are set forth in Chapters 3 and 5.
- An applicant whose property does not carry with it the right to develop a house or other primary structure, or whose proposed house exceeds the base floor area, should be prepared to offset the impacts of that development on the rural character of the County through the purchase of a TDR or through the growth management quota system, described below.
(e) Growth Management Quota System
- Pitkin County has a Growth Management Quota System (GMQS) that establishes the maximum amount of residential, commercial, and tourist accommodation development that may be approved each year both within the Aspen UGB and the Rural Area (which for purposes of the GMQS includes the Basalt UGB). Each year, those quotas are allocated through the process described in Chapter 2, using the criteria set forth in Chapter 6.
- An applicant whose property does not carry with it the right for the type of development they intend to pursue, and who does not wish to or is not eligible to buy a TDR in order to get that right, and who is not eligible for any other GMQS exemption or incentive, may compete in the GMQS to obtain that right.
(f) Site Plan Review
- Because of the importance of preserving rural and agricultural character, and the environmental sensitivity of much of the land in Pitkin County, most proposed development will be required to obtain approval for an Activity Envelope and a Site Plan Review. Once the County has determined that the property has a right to construct a house or other primary structure, and that the proposed use and structure comply with the zone district use and dimensional standards, then the proposed location of proposed structures and activities will be reviewed, and an Activity Envelope for the property will be defined. An Activity Envelope identifies the area within a parcel of land where development would avoid Constrained Areas as required by this Land Use Code, and within which the location of a specific building(s) may be approved. An Activity Envelope may be defined even if the applicant is not prepared to apply for approval of a specific home or other principal building. A Site Plan includes the actual location, footprint, and height of buildings to be constructed in the Activity Envelope, and is generally not prepared until a specific house or other principal building is proposed to be built. The definition of an Activity Envelope and approval of a specific Site Plan may occur at the same time through the Site Plan process if the applicant desires. If the applicant chooses to obtain the definition of an Activity Envelope separately from the approval of a Site Plan, the definition of an Activity Envelope, by itself shall not confer the ability to develop the property – the approval of a Site Plan will be required. The Site Plan Review process will result in the identification of an appropriate building or Activity Envelope on the property that avoids hazardous areas, minimizes environmental and visual impacts, and promotes other goals identified in the Pitkin County Comprehensive Plan.
- Applicants will need to consult with the County regarding the proposed location of the structure(s) or uses on the site, and to obtain approval for those locations through the Site Plan Review process.
These six tools have been integrated with other land use incentives and controls throughout this Land Use Code, and are summarized in the step-by-step approach outlined below and depicted in Sec. 1-40-30.
- (a) Identify what zone district your property is located in, and whether it is located inside or outside of an urban growth boundary (UGB). The zoning map may be viewed at the Community Development Department, or at www.aspenpitkin.com. The UGB map is in Chapter 3.
- (b) Consult with the Community Development Department to confirm whether the property carries with it the right to build a house or other primary structure, or whether that right will need to be acquired through purchase of a TDR or through the growth management quota system (GMQS). Review Chapter 6 to identify those criteria against which GMQS applications will be screened, and that will determine which applications may be successful. This is generally done at a pre-application meeting with the Community Development Department.
- (c) Review the description of the zone district and any special regulations applicable to the zone district in Chapter 3.
- (d) Review Chapter 4 to determine what uses of the property are allowed by right, or through the special review process. In many cases, there are use-specific standards that govern how a particular use may be developed or operated. If the proposed use requires a special review use approval, you will need to follow the process for obtaining that approval in Chapter 2. Many of the uses by right and special review uses listed in Chapter 4 require that the applicant’s property have the right to develop a house or other primary structure.
- (e) Review Chapter 5 to determine the size requirements and limits for the lot or parcel, the required setbacks from roads and waterways, and the maximum size limits for the house or other structures proposed for the property.
- (f) If the proposed house or structure is larger than the base size permitted in the district, you will need to purchase one or more TDRs to permit the additional floor area (and in some cases obtain land use approval to use it) or you will need to obtain an exemption from, or compete successfully in, the GMQS. Development of houses larger than the largest size permitted in the zone district will not be permitted, even with the purchase of TDRs.
- (g) Review Chapter 7 to determine what development quality and environmental standards will apply to the proposed development. These standards cover requirements in the areas of environmental protection, natural hazard avoidance, visual or scenic considerations, site preparation, parking, utilities, and signs, among others. Compliance with the requirements of Chapter 7, and the proposed location of structures and uses on the site in general, will be reviewed through the Site Plan approval process described in Chapter 2.
- (h) If the proposed development requires any other types of approvals (for example, a variance from setback requirements), those procedures are set forth in Chapter 2.
The step-by-step approach described above is illustrated graphically in the Applicant’s Flowchart below. The Applicant’s Flowchart does not illustrate any of the general or specific review and approval procedures described in Chapter 2, but instead reflects how an applicant can evaluate the feasibility of a proposed activity or development.[1]
Basis and Purpose of the Land Use Code
[1] This flowchart does not address the process for rezoning or PUD approval. It assumes that development is to be accomplished without a rezoning.
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