This Land Use Code applies to development and other regulated activity on all land located in Pitkin County but not within the boundary of any incorporated municipality.
(a) General
The growth management provisions of Chapter 6 shall apply to all development of a new, or redevelopment of an existing, residential structure, commercial structure, tourist accommodation, and/or agricultural building requiring a building permit, including all new structures, any remodeled structures, any additions to existing structures and any replacement structures, unless specifically exempted by a provision of this Land Use Code.
(b) Vesting and Applicability Exemptions
The growth management provisions of Chapter 6 shall not apply to:
(1) Site Specific Development Plans in the Rural Area approved within the statutory vesting period as set forth in Chapter 2, and Site Specific Development Plans in the Urban Area approved prior to July 5, 2006 within the statutory vesting period as set forth in Chapter 2.
If statutory vesting is determined by the County Attorney’s office, the property shall not be required to seek any exemptions from Growth Management or development allotments to the extent of the Site Specific Development Plan approval, subject to the following:
(2) Unexpired Development Allotments in the Rural Area Awarded, and Unexpired
Development Allotments in the Urban Area Awarded Prior to July 5, 2006.
If a development allotment was awarded in the Rural Area, or in the Urban Area prior to the 5th of July, 2006, and has not expired, the property in issue shall not be required to seek any further development allotments to develop as originally approved, provided that:
(3) County-Approved Subdivisions, Low Impact Subdivisions, Lot Splits, pre-1989 Fully Developed Lands Subdivision and PUD Approvals specifying the square footage allowed and approved in the Rural Area or approved in the Urban Area prior to July 5, 2006.
Any County-approved subdivision, low impact subdivision, lot split, and/or planned unit development that was approved in the Rural Area or that was approved in the Urban Area prior to the 5th of July, 2006, and that specified the floor area allowed in the development permit shall be permitted to develop as originally approved, provided that:
(4) Any Property Determined by a Court of Law or the County to be Vested Under the Common Law of the State of Colorado.
The extent of any common law vesting and the applicability of the growth management provisions of Chapter 6 shall be made on a case-by-case basis by the County Attorney.
The development exaction and impact fee provisions of Chapter 8 shall apply to all development of a new or redevelopment of an existing residential structure, commercial structure, tourist accommodation, and/or agricultural building requiring a building permit, including all new structures, any remodeled structures, any additions to existing structures and any replacement structures, and any change in the use of an existing structure, unless specifically exempted by a provision of this Land Use Code. Specific types of development or activity are exempt from some development exactions and impact fees pursuant to the provisions of Chapter 8.