3-40 Rural Zone Districts

(a) Intent

• The RS-G (Resource-Government) zone district is intended to control the future use of lands currently owned by the federal, state, or local governments and currently used for non-development purposes, and to avoid inappropriate development of such lands in the event they are sold, exchanged, or otherwise made available (i.e., by long-term lease) for use by an entity other than the federal, state or local government. It is intended to allow a continuation of the types of uses permitted while in federal, state, or local government ownership and control, but not an intensification or replacement of those uses by other uses of the land. The zone district is intended to allow only very low intensity resource uses on such lands.

(b) Locational Criteria

• Lands appropriate for RS-G zoning include those currently in federal, state, or local government ownership and in non-development (i.e. resource) use located outside the urban growth boundaries.

(a) Intent

• The RR (Rural/Remote) zone district is intended to: (i) conserve and protect the natural environment and its resources, while allowing for limited recreational uses and limited residential development, (ii) preserve the small scale, low-density backcountry character and lifestyle, (iii) retain undeveloped areas, and (iv) allow for the transfer of development rights to areas that are more appropriate for development. This district accommodates only small new structures and very limited types of development.

(b) Locational Criteria

Areas within the RR zone district should exhibit some or all of the following characteristics:

1. Location more than one-half (1/2) mile from winter-maintained public roadways,
2. Absence of traditional utility service districts, such as electric, gas and phone,
3. Limited availability, or absence of rapid, traditional Pitkin County emergency services,
4. Little or no development existing in the surrounding area,
5. Presence of natural hazard areas or important environmental or historic resource areas,
6. Location within subalpine or alpine ecosystems, and/or location at or above the nine thousand (9,000) foot elevation, and/or
7. Location adjacent to U.S. Forest Service or Bureau of Land Management owned properties.

(c) Minor Uses and Activities

1. In addition to those uses permitted by right as shown in Table 4-1, the following minor uses are permitted by right in the RR zone district:
   • (a) Shared water systems,
   • (b) Individual water supply systems,
   • (c) Individual sewage disposal systems,
   • (d) Above-ground generators in compliance with County regulations,
   • (e) Gardens outside of the Activity Envelope up to two thousand five hundred (2,500) square feet in size,
   • (f) Fences that meet County wildlife standards and are located outside of critical wildlife habitat and/or migration corridors,
   • (g) Termination of noxious weeds.
2. In addition to those uses permitted by right, as shown in Table 4-1, the following minor uses are permitted in the RR zone district by special review:
   • (a) Parking areas that centralize resident parking adjacent to existing roadways in order to allow alternative access to residences beyond that point (i.e., by skiing, hiking, snowmobiling, biking),
   • (b) Driveways,
   • (c) Helicopter access (for construction use only),
   • (d) Extractive operations,
   • (e) Fences that meet County wildlife standards and are located in critical wildlife habitat and/or migration corridors,
   • (f) Hydro plants (to service a single residence only),
   • (g) Extension of utilities (i.e., electricity, water, sewer, telephone and cable), provided that extensions comply with the special review criteria in Secs. 2-30-30(h)(2), and
   • (h) Improvements to existing roadways, including, but not limited to, widening, grading and drainage improvements.

(d) Legally Created Structures

1. Legally created structures in the RR zone district, existing prior to January 2nd 1996, may be retained, subject to compliance with one (1) of the following criteria:
   • (a) If the existing structure contains a dwelling unit, a new structure containing a dwelling unit may be built, provided that either the new or the existing unit is deed-restricted for occupancy by residents pursuant to the employee housing guidelines. Year-round occupancy of the unit shall not be required. The deed-restricted unit shall be exempt from GMQS pursuant to Sec. 6-30-40(b).
   • (b) If the existing structure does not contain a dwelling unit, then a new structure containing a dwelling unit may be built, provided that the existing structure is retained as an accessory structure and accommodates accessory uses only. In this case, the existing structure may not be used for either seasonal or year-round dwelling purposes.
   • (c) If the existing structure contains a dwelling unit, then, in lieu of constructing a new structure with an additional dwelling unit, one (1) transferable development right may be severed subject to approval and compliance with criteria and standards in Sec. 2-40-30 and 6-70.

(e) Prohibited Uses

In addition to all uses that are not specifically listed as uses allowed by right or by special review (including those listed in Table 4-1 or in subsections (c) or (d) above, the following uses are specifically prohibited in the RR zone district:

1. Winter maintenance of roadways and driveways, except for access to residential development sites approved prior to January 2, 1996, that have been historically and continually served by privately winter-maintained driveways or roadways, and except if the prohibition on plowing of limited service area roads is varied by the BOCC pursuant to the Asset Management Plan.
2. New accessory structures, other than those allowed by special review,
3. New roadways,
4. Disturbance of all living native vegetation outside of the Activity Envelope, except as required by County wildfire regulations for wildfire mitigation, provided that one (1) standing dead tree per five (5) acres shall remain undisturbed, if present, for bird of prey perching and nesting and for songbird perching and feeding (this provision shall not prohibit the general gathering of firewood from deadfall, nor the grazing of animals that have historically grazed the parcel prior to January 2, 1996), and
5. Caretaker and employee dwelling units.

(a) General Intent

The RS-160, RS-35, LIR, RS-30, RS-20, AR-10 zone districts all share the following basic intent, which is to:

1. Permit low density, single family residential development and customary accessory uses, while recognizing that natural hazards, wildlife areas, limited utility services, roads, schools, and/or other facilities may constitute constraints on the realization of zoned density;
2. Discourage sprawl;
3. Encourage clustering of development, preservation of open space and promotion of efficient utility services;
4. Preserve agricultural operations and environmental resources; and
5. Preserve the rural visual quality and character while permitting carefully sited low density development.
6. More specific intent statements for each of the listed zone districts are set forth in the subsections below.

(b) RS-160 Intent

• The RS-160 (Resource--160 Acre) zone district is intended to protect natural resources and agricultural uses while allowing some very low density development.

(c) When PUD Required

• When a rezoning to the RS-160 zone district occurs, or when land within the RS-160 zone district is subdivided or otherwise divided into separate parcels through a subdivision exemption pursuant to C.R.S. 30-28-110, a PUD must be prepared pursuant to Sec. 2-40-50. The criteria for approval of a PUD are listed in Sec. 3-70-30(i).

(a) Intent

• The RS-35 (Resource-35 Acre) zone district is intended to: preserve the open character of land divided into tracts between 35 and 160 acres, promote land uses consistent with the applicable Pitkin County Master Plan, and prevent inappropriate development on such tracts, regardless of whether such lands have been formally subdivided. The zone district is intended to allow only very low impact resource or residential uses on such lands. The zone district includes lands previously zoned UFRS-35, and the regulations applicable to such lands remain unchanged.

(b) When PUD Required

• When a rezoning to the RS-35 zone district occurs a PUD must be prepared pursuant to Sec. 2-40-50. The criteria for approval of a PUD are listed in Sec. 3-70-30(i).

(a) Intent

• The LIR-35 (Low Impact Residential-35 Acre) zone district is intended to allow low density, low intensity residential development. The principal land use in this zone district is residential, with typically associated accessory uses. The zone district seeks to limit the intensity of development to moderate sized buildings and structures, thereby minimizing the impacts of construction, servicing and occupation of the residences to preserve the rural character of the land, protect onsite natural resources, minimize employment generation associated with more intense development, and otherwise limit the demand for public services. Lands appropriate for this zone district are properties that are rural in character with environmental or agricultural resources, or environmental hazards or properties otherwise sensitive to intensive development.

(b) Locational Criteria

• The LIR-35 zone district is intended to be used within the Brush Creek/Owl Creek Area, and in other areas located no further from the Aspen Urban Growth Boundary than the Brush Creek Area in which the use of the LIR-35 zone district would create a reduction in overall development density.

(c) Zone District-Specific Regulations

• In the LIR-35 zone district, only one (1) principal allowed use may be approved or established at any one (1) time on any one (1) property, lot or parcel.

(d) Cluster Option

In the LIR-35 zone district, a cluster option is available. Applications for a cluster development option shall be reviewed through the LIR/TR-2 cluster subdivision process. The following standards shall apply:

1. Eligibility
   • The application must include the entirety of the unsubdivided parcel and adjacent parcels held in common ownership as configured on January 16, 2000.
2. Minimum Lot Size and Maximum Allowed Floor area
   • Minimum lot size, maximum allowed floor area, and other dimensional requirements shall comply with the description of the cluster option in Table 5-1.
3. Caretaker Dwelling Unit
   • A caretaker dwelling unit may be constructed consistent with the applicable provisions of this Land Use Code. The size of the caretaker dwelling unit shall be included in the calculation of total floor area.
4. Maximum Height and Setbacks
   • Maximum heights of principal and accessory structures and setbacks of all structures may be modified through the PUD approval process, consistent with the intent of the LIR-35 district.
5. Siting
   • All buildings and structures shall be subject to Site Plan Review pursuant to Sec. 2-30-20(g)(2) and 7-10-50.
6. Deed Restriction for Undeveloped Land
   • All land outside of the development areas designated in the cluster option Activity Envelope shall be designated as preservation areas in the approved Site Plan. These preservation areas shall be preserved in perpetuity by conservation easement or covenant approved by the County Attorney and the Community Development Director, which at a minimum shall restrict the property from future development and subdivision. Conservation easements may be granted prior to the cluster option application and approval process. If land has been preserved through a conservation easement, that land may still be considered as part of a cluster option application and approval.
7. Vested Rights
   • Cluster option approvals pursuant to this zone district shall be granted vested property rights valid for twenty (20) years.

(a) Intent

• The TR-1 (Transitional Residential-1) zone district allows for low density, low intensity residential development consistent in character with historic mining. The principal land use in this district is residential with typically associated accessory uses. The purpose of the district is to allow residential use that minimizes impacts of construction, servicing and occupation of the residences; to decrease employment generation that would occur with more intense development; to otherwise limit the demand for public services; and preserve the character of lands in this zone district. The zone district seeks to limit the intensity and scale of development to small sized buildings and structures, as a transition from high density and intensity within the Aspen Urban Growth Boundary (UGB) to the Rural and Remote (RR) area where zoning reflects a low intensity of use.

(b) Locational Criteria

• Lands appropriate for the TR-1 zone district are those near the boundary of the Aspen Urban Growth Boundary and recommended for rezoning in the East of Aspen/Independence Pass Master Plan. Land appropriate for this zone district designation are those properties near the boundary of the Aspen Urban Growth Boundary that are transitional in character, which may have or may be associated with environmental or ecological resources, environmental hazards, areas of state interest, scenic significance or properties otherwise sensitive to overly intensive development.

(a) Intent

• The TR-2 (Transitional Residential-2) zone district allows for low density, low intensity residential development. The principal land use in this district is residential with typically associated accessory uses. The purpose of the district is to allow residential use that minimizes impacts of construction, servicing and occupation of the residences, to decrease employment generation that would occur with more intense development; to otherwise limit the demand for public services; and to preserve the character of lands in this zone district. The zone district seeks to limit the intensity of development to moderate sized buildings and structures, as a transition from high density and intensity within the Aspen Urban Growth Boundary (UGB) to the Rural and Remote (RR) area where zoning reflects a low intensity of use.

(b) Locational Criteria

• Lands appropriate for the TR-2 zone district are those near the boundary of the Aspen Urban Growth Boundary and that are transitional in character; which may have or may be associated with environmental or ecological resources, environmental hazards, areas of state interest, scenic significance or properties otherwise sensitive to overly intensive development.

(c) Property Subject to More Than One Zoning Designation

This provision applies to only those properties that are subject to more than one zone district and at least one of the zone districts is TR-2.

1. If development occurs in an area of the property not zoned TR-2, pursuant to a PUD approval, then the area of the entire property, including the portion zoned TR-2, shall be considered for density purposes according to the density allowed in the area to be developed.
2. If development occurs in an area of the property zoned TR-2, then the provisions and restrictions of the TR-2 zone shall control the development.

(d) Cluster Option

In the TR-2 zone district, a cluster option is available. Applications for a cluster development option shall be reviewed through the LIR/TR2 cluster subdivision process, which may be completed simultaneously. The following standards shall apply:

1. Eligibility
   • The application must include the entirety of the unsubdivided parcel and adjacent parcels held in common ownership as configured on January 16, 2000.
2. Minimum Lot Size and Maximum Allowed Floor Area
   • Minimum lot size, maximum allowed floor area, and other dimensional requirements shall comply with the description of the cluster option in Table 5-1.
3. Maximum Height and Setbacks
   • Maximum heights of principal and accessory structures and set backs of all structures may be modified through the approval process, consistent with the intent of the TR-2 zone district.
4. Siting
   • All buildings and structures shall be subject to Site Plan Review pursuant to Secs. 2-30-20(g)(2) and 7-10-50.
5. Deed Restriction for Undeveloped Land
   • All land outside of the development areas designated in the cluster option Activity Envelope shall be designated as preservation areas in the approved Site Plan . These preservation areas shall be preserved in perpetuity by conservation easement or covenant approved by the County Attorney and the Community Development Director, which at a minimum shall restrict the property from future development and subdivision. Conservation easements may be granted prior to the cluster option application and approval process. If land has been preserved through a conservation easement, that land may still be considered as part of a cluster option application and approval.
6. Vested Rights
   • Cluster option approvals pursuant to this zone district shall be granted vested property rights valid for twenty (20) years.

(a) Intent

• The general intent statement included in Sec. 3-40-30 applies to the RS-30 zone district.

(b) Locational Criteria

• The RS-30 zone district is intended to be applied primarily in the Crystal River Valley and the Snowmass-Capitol Creek area, but may also be appropriate where other lands share similar physical characteristics with those areas. The RS-30 zone district should generally not be applied when the result would be to increase the potential development density outside of the urban growth boundaries.

(c) When PUD Required

• When a rezoning to the RS-30 district occurs, or when land within the RS-30 zone district is subdivided or otherwise divided into separate parcels through a subdivision exemption pursuant to C.R.S. 30-28-110, a PUD must be prepared pursuant to Sec. 2-40-50. The criteria for approval of a PUD are listed in Sec. 3-70-30(i).

(a) Intent

• The general intent statement included in Sec. 3-40-30 applies to the RS-20 zone district. The RS-20 PUD (Resource Planned Unit Development-20 Acre) zone district is intended to apply to areas closer to urban growth boundaries than those zoned RS-30.

(b) Locational Criteria

• The RS-20 zone district is intended to be applied primarily in the Woody Creek area, but may also be appropriate where other lands share similar physical characteristics with those areas. The RS-20 zone district should generally not be applied when the result would be to increase the potential development density outside of the urban growth boundaries.

(c) When PUD Required

• When a rezoning to the RS-20 zone district occurs, or when land within the RS-20 zone district is subdivided or otherwise divided into separate parcels through a subdivision exemption pursuant to C.R.S. 30-28-110, in connection with an application for subdivision, a PUD must be prepared pursuant to Sec. 2-40-50. The criteria for approval of a PUD are listed in Sec. 3-70-30(i).

(a) Intent

• The AR-10 district is intended to accommodate small scale agricultural activities and large-lot residential development that maintains the rural character and appearance of the land. Because few agricultural activities can be accomplished on a lot of ten (10) acres, the majority of such land will be used for residential uses. Residential development should be clustered and/or grouped at the edges of valleys or wooded areas in order to minimize the visual disruption of the natural landforms and to avoid the appearance of unrelated homes spread randomly across the land.

(b) Locational Criteria

• Lands zoned AR-10 are located primarily adjacent to the municipalities of Aspen and Basalt, and along the Highway 82 corridor and in scattered sites elsewhere in the County. The AR-10 zone district could be appropriate for use outside of urban growth boundaries where the applicable Pitkin County Master Plan calls for an increase in residential density, or for residential development on ten (10) acre parcels.

(a) Intent

• The AR-2 (Residential-2 Acre) zone district is intended to provide for a moderate density, transition zone between moderate and low density residential land uses. This zone district primarily contains existing housing concentrations with densities exceeding those in surrounding areas. It is not intended to be used to accommodate new development in the Rural Area of the County.

(b) Locational Criteria

• The existing lands in the AR-2 zone district are generally located along the valley floor located between the County's development centers and its rural, open land area. Lands should only be rezoned to the AR-2 zone district if the lands are located within an urban growth boundary and the rezoning would result in an increase in development density consistent with the Pitkin County Comprehensive Plan.

(a) Intent

• The SKI-REC (SKI-RECreation) zone district is intended for lands that are used for downhill and cross-country skiing and other uses permitted by a Federal or other public agency, such as grazing, hunting, and passive and other recreational uses. The district also accommodates affordable housing.

(b) Master Plan Required

• An approved SKI-REC master plan is required for any development in the SKI-REC zone district. The master plan shall address all existing facilities and all proposed development, and shall be consistent with Pitkin County Comprehensive Plan. All standards, requirements, and procedures for the review and adoption of master plans are found in Sec. 2-40-100, and lists of permitted uses that may be included in SKI-REC master plans are found in Chapter 4.

(a) Intent

• The FPV-O (Frying Pan Valley Overlay) zone district is intended to implement the recommendation of the Upper Frying Pan Valley Master Plan. The theme of the Master Plan is the preservation of the rural and recreational nature of the Frying Pan Valley, while at the same time sustaining the viability of its unique community. Where the County’s Official Zone District Map designates a property as being within the Frying Pan Valley Overlay, then the provisions of this Overlay, including its use limitations and dimensional requirements, shall supersede those of the underlying zone district. The Overlay shall apply to lands in the Upper Frying Pan Valley zoned RS-30, RS-35, RS-160, B-1 and AR-2. As an overlay district, the FPV-O district applies in addition to any underlying zone district applied to the property, and in the case of conflict between the provisions of the FPV-O district and the provisions of any underlying zone district, the provisions of the FPV-O district shall govern.

(b) Locational Criteria

• Lands included in the FPV-O district are those located within the Upper Frying Pan Valley, as those lands are defined in the Upper Frying Pan Valley Comprehensive Plan.

(c) Additional Review Criteria

• When the County is evaluating an application for a special review use, or for a subdivision or PUD within the Frying Pan Valley Overlay, the following additional criteria shall be considered:
  1. The proposed development shall be compatible with the unique rural and recreational character of the Upper Frying Pan Valley.
  2. The proposed development shall be consistent with the land use goals of the Upper Frying Pan Valley Master Plan, which are: (a) to limit residential development in the Valley to the maximum extent possible; (b) to support commercial development that provides quality growth and serves the community without creating a financial burden; and (c) to preserve the land in the Valley primarily for agricultural and recreational purposes. The proposed development shall also be consistent with the environmental and scenic goals of the Master Plan, which are to protect the water supply, air quality, wildlife areas, riparian areas, and wetland areas of the Upper Frying Pan Valley.
  3. New residences and access roads shall comply with the provisions of all applicable standards in Chapter 7 and shall not be located in meadows, wetlands, riparian habitat areas, and critical wildlife habitat. Development shall not occur on steep slopes as defined under the potentially unstable slope standards in this Land Use Code, or on ridgelines, as viewed from the Frying Pan River Road. Development is encouraged to be clustered near the Frying Pan River Road, to preserve continuous tracts of land in open space.

(a) Intent

• The B-1 (Small Business) zone district applies to pre-existing commercial properties limited to the Woody Creek Restaurant and Store, the Aspen Village Quick Mart and those existing properties in Meredith and Thomasville. This rural commercial zone district acknowledges the existence of these commercial properties for limited, small-scale operations that are consistent with the Pitkin County Comprehensive Plan and that are oriented primarily to the local population in the Rural Areas.

(b) Locational Criteria

• B-1 districts shall be located consistent with recommendations for the establishment or preservation of such uses in the Pitkin County Comprehensive Plan, and shall generally be for preservation of small scale existing commercial activities