4-30-40 COMMERCIAL AND INDUSTRIAL

(d) Bed and Breakfast

1. The owner of the premises shall reside in and manage the establishment.
2. A structure used as a bed and breakfast shall not be altered in a way that changes its residential appearance or character.
3. The total number of guest rooms shall not exceed four (4) per dwelling unit in the RS-160, RS-35, LIR 35, RS-30, RS-20, and VLP zone districts, and two (2) per dwelling unit in all other zone districts where the use is permitted by right or by special review.
4. Bed and breakfasts shall only be permitted on lots that conform with the minimum lot size for the zone district where the property is located, as shown in Table 5-1.
5. No cooking facilities, other than a microwave oven, shall be allowed in guest rooms.
6. The establishment shall not contain restaurant facilities, but may provide food service for lodging guests only.
7. Outdoor events (i.e. weddings, receptions, parties) with an attendance of more than twenty (20) guests shall be limited to one (1) event per three (3) month period. No outdoor event shall have more than forty (40) people in attendance.
8. Occupancy by any guest shall not exceed fifteen (15) consecutive days, or more than thirty (30) days in any six month period.

(e) Building Materials and Landscaping

In the B-1 zone district, each building materials and landscaping use is restricted to a maximum of one (1) business, a maximum of three thousand (3,000) square feet of floor area, and a maximum of five (5) employees per location.

All storage of supplies, inventory, and materials shall be indoors unless the terms of the development approval permit outdoor storage. If outdoor storage is permitted, the use shall provide buffering and landscaping for outdoor storage and service areas under Sec. 7-20-130.

In the RS-30, RS-20, and AR-10 zone districts, this use shall not include retail sales to the public (as opposed to contractors), shall only be permitted to have a maximum of four (4) commercial vehicles on site at any time, shall be permitted a maximum of five (5) customer visits per day, and shall only operate between the hours of 8:00 a.m. and 6:00 p.m.

(f) Campground

Camping as a primary use is only permitted in a campground for which a development permit has been issued. Unless the development permit specifies longer periods of occupancy, camping shall not exceed fifteen (15) consecutive days or thirty (30) days in any six (6) month period. Camping may also be permitted as an accessory use of land if it meets the definition of a camping area.

(g) Wireless Communication Facility

(1) Principal Use of the Land

• A wireless communication facility is a principal use of land, but may be located on a legally created lot or parcel without the need to include any additional acreage for the second principal use. A right-of-way permit or license cannot be obtained from Pitkin County until the applicant first obtains final land use approval as set forth herein and includes such approval in its request for a permit or license to utilize a public right-of-way.

(2) Building-Mounted Antennae and Towers

• Building-mounted wireless communication antennae and towers are an accessory use of the land permitted pursuant to Sec. 4-10-10(e). For wireless communication facilities that are attached to a building (building-mounted antenna and towers), the building-mounted antenna and towers may not exceed ten (10) feet from the point of attachment, consistent with federal law. Through administrative review, higher heights may be permitted to building-mounted antenna and towers if an antenna can be camouflaged in accord with the standards in (6) below.

(3) Freestanding Towers

• A freestanding tower shall not be located within two hundred (200) feet of an existing residence or school, except for a residence or school under the same ownership as the parcel containing the tower, or a residence or school where the owner has given consent to the location of the tower. In the case of a proposed tower location on a parcel adjacent to an existing vacant, developable residential parcel, the tower shall be located at least 200 feet from the potential residential development, which shall be determined as the required yard setback on a vacant parcel that is adjacent to the proposed tower site plus the required linear distance necessary on the tower parcel to affect a 200 foot separation, unless the owner of the adjacent vacant parcel consents to a proposed closer location.
• Freestanding wireless infrastructure may be no more than twenty-five (25) feet in public right-of-ways or the maximum height in any zone district.
• These standards shall apply to any Wireless Communication Facilities within public right-of-ways. There shall be a minimum of six-hundred (600) feet between individual freestanding towers in any public right-of-way.
• Any freestanding towers may be approved administratively pursuant to Section 2-30-20, subject to applicable state and federal regulations. Administrative review shall take place within ninety (90) days for new Wireless Communication Facilities and within (60) days for any proposed co-location of a Wireless Communication Facility. In addition to the standards in Section 2-30-20, the Community Development Department shall consider:
1. The extent to which a proposed tower fills unmet coverage, capacity, or technology needs;
2. The number of carriers that are confirmed to be located (or may be located) on the tower;
3. The documented need for the proposed height based on these factors, as well as;
4. Any concealment, camouflage, or screening techniques proposed for the tower.

(4) Co-Location Required

• Each new tower shall be designed to accommodate one (1) additional user’s equipment. No facility shall unreasonably exclude a telecommunications competitor from using the same facility, tower, or location. Upon request by the Community Development Department, the owner or operator shall provide evidence explaining why Co-location is not possible at a particular facility or site.

(5) Setbacks

• All towers, shall be set back from all property lines at least a distance equal to the height of the proposed tower or the required yard setback, whichever is greater.

(6) General Development Standards

• (a) Design and Neighborhood Compatibility
  1. To the extent feasible, the exterior appearance of all towers and associated support structures and buildings shall be compatible with other buildings and/or the natural environment in the surrounding area.
  2. Support buildings located in any residential district may not be used as an employment center for any worker. If a support building is to be used as an employment center in a zone where such use is allowed, the use is subject to applicable Growth Management regulations. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.
  3. No advertising sign or logo shall be permitted on any wireless communication facility.
  4. The decision-making body may require any other conditions to mitigate the impact of the tower on adjacent properties and uses.
• (b) Screening and Camouflaging
  1. All fences and walls shall be screened with landscaping meeting the requirements of Sec. 7-20-130(d)(2)(a).
  2. The Board may require all towers and antennae and ancillary equipment be appropriately camouflaged and screened, provided that such camouflaging and screening will not interfere with the transmission and/or reception capabilities of any antennae located on the tower.
  3. All aspects of wireless communications facilities shall be maintained in the condition and manner as represented and approved. For example; regular painting is expected, and any “stealth” elements such as branches and limbs shall be replaced as necessary if there is discoloration or deterioration of such elements.
  4. Output power levels from the tower and/or all associated antennae shall not exceed the current federally approved levels for the tower as a whole for exposure to electromagnetic radiation.
  5. Radio, television, or other electromagnetic transmission(s) or reception on other properties shall not be disturbed or diminished as pursuant to FCC standards and guidelines.

(7) Existing Towers and Base Stations

Requests for co-location, removal, or replacement of transmission equipment on an existing wireless communication tower or base station or replacement of towers may be approved with no additional review, provided the action does not substantially change the physical dimensions of the tower or base station as determined by the Community Development Director pursuant to applicable federal regulations.

(8) Outside Experts and Disputes

• (a) Siting of wireless communications facilities may involve complex technical issues that may require review and input by outside experts. Staff may require the applicant to pay the reasonable costs of a third-party technical study of a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision-making body. The expert selected must be a qualified Radio Frequency engineer with general knowledge of wireless development and the design and placement of wireless communication facilities.
• (b) If an applicant for a wireless communication facility claims that one or more standards of this section are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision-making body may require that the application be reviewed by a qualified Radio Frequency engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant

(9) Notice

In connection with any application to install or construct any Wireless Communication Facility, the applicant shall provide written notice at least two (2) weeks prior to the comment deadline to any property owner within three hundred (300) feet of the property where the proposed facility will be located or, in the event that the facility is to be located in a public right-of-way, the applicant shall provide written notice to any property owner within three hundred (300) feet of the proposed facility. Any affected property owner may provide written comments regarding a proposed Wireless Communication Facility to the Community Development Department.

(h) Arts and Crafts Studio

1. All uses shall comply with all applicable nuisance standards in Sec. 7-100, including without limitation restrictions on odors, vibration, and glare.
2. In the B-1 zone district, arts and crafts studios are restricted to a maximum of two thousand (2,000) square feet of floor area per business. In other zone districts where the use is a permitted or special review use, arts and crafts studios are restricted to a maximum of five thousand (5,000) square feet of floor area per business.

(i) Country Inn, Guest Ranch, or Resort Cabins

1. This use shall not be permitted on lands previously zoned FRS-35.
2. The owner or manager shall provide full-time management on the premises at all times when the establishment is occupied by guests.
3. The establishment may contain a full-service restaurant that provides meal services to guests, but not to the general public.
4. Occupancy by any guest shall not exceed fifteen (15) consecutive days, or more than thirty (30) days in any six month period.
5. In the T zone district outside of urban growth boundaries, resort cabin developments are limited to no more than fifteen (15) cabins.

(j) Financial Institution

Drive-up facilities may only be provided for financial institutions located within the urban growth boundaries. Such facilities shall not require direct access to or from a State Highway, and shall provide on-site stacking spaces for at least three (3) vehicles (in addition to the vehicle being served) at each drive-up window or facility. Such stacking spaces shall be located so as not to interfere with traffic flow within any required parking area, or with traffic flow on any adjacent public right-of-way.

(k) General Services

In the B-1 zone district, each general services use is restricted to a maximum of one (1) business, a maximum of three thousand (3,000) square feet of floor area, and a maximum of five (5) employees. No more than one (1) of each specific use included in the definition of general services may be located within a contiguous area zoned B-1.

(l) Hotel, Motel/Lodge

1. Each guest room in a hotel, motel, or lodge, shall have a maximum size of five hundred (500) square feet except in the VLP zone district where a larger guest room may be approved as part of a VLP Master Plan.
2. In the T zone district outside of urban growth boundaries, hotels, motels, and lodges are limited to no more than fifteen (15) guest rooms.
3. Occupancy by any guest shall not exceed fifteen (15) consecutive days, or
4. In the VLP zone district hotel, motel and lodge facilities located in buildings designated to the Pitkin County Historic Register are allowed by right, but must comply with all safety requirements of the adopted building code for commercial use.

(m) Junk Yard

1. Junk yards shall be suitably screened so that stored materials shall not be visible from adjacent properties and rights-of-way. No material shall be piled or stacked to a height in excess of fifteen (15) feet above the ground level.
2. In the RS-30, RS-20, and AR-10 zone districts, sales of materials from the premises shall not be permitted.

(n) Medical/Dental Clinic

In the SKI-REC zone district, medical and dental clinics shall only be permitted for purposes of emergency treatment and must be located at the base of the recreation area.

(o) Meeting Hall or Conference Center

1. Meeting halls and conference centers in the Rural Area shall only be located in structures existing on the 5th of July, 2006.
2. No event shall have more than one hundred and fifty (150) people in attendance.
3. Meeting halls and conference centers shall not be permitted on lands previously zoned UFRS-35.

(p) Office

1. The following standards apply to offices located outside of a home that is occupied for residential purposes. Offices located in homes that are being occupied for residential purposes are an accessory use to the primary residential use, and are subject to the requirements of Sec. 4-30-50(f).
2. In the B-1 zone districts, office space is restricted to a maximum of one thousand (1,000) square feet of floor area per business. Office space larger than one thousand (1,000) square feet of floor area per business is not permitted, either as a use by right or by special review.
   • In the B-2 zone district, office space is restricted to a maximum of one thousand five hundred (1,500) square feet of floor area per business. Office space larger than one thousand five hundred (1,500) square feet of floor area per business is a special review use.
3. In the SKI-REC zone district, offices are only permitted at the base of the ski/recreation facility.

(q) Outdoor Recreational Use, Other

Outdoor recreational uses of land that are not listed separately in this Code and that occur on a repetitive or continuing basis more than six (6) times in any twelve (12) month period require a special review approval by the BOCC pursuant to Sec. 2-40-20, except as specified in (3) below. Outdoor recreational uses that occur less frequently require the approval of a temporary commercial use/special event permit pursuant to Sec. 2-30-20. Outdoor recreational uses that occur entirely within a Pitkin County Open Space and Trails property may be approved by the Open Space and Trails Department pursuant to Title 12 Section 040.075 of the Pitkin County Code.

1. In all zone districts, any outdoor recreational use that is not listed separately and that is subject to a U.S. Forest Service permit requirement shall also require a special use approval from the County.
2. Any outdoor recreational use that occurs on or across property that is subject to a Pitkin County Open Space and Trails management plan shall comply with all standards and requirements contained in that plan. In the event of a conflict between the provisions of this subsection (q) and the terms of any such management plan, the latter shall govern.
3. Any commercial outdoor recreational use on County-owned property or roads requires a special review use approval from the County, subject to the criteria in Sec. 2-30-30(h)(2). The Community Development Director, the Hearing Officer or the BOCC may approve an outdoor recreational use on County-owned property or roads, based on the following:

(a) The Community Development Director may approve a proposed use, if it does not exceed the following thresholds:

1. Involves three (3) or fewer persons on a given property/road at any given point in time; and/or
2. Occupies no more than one on-site parking space; and/or
3. Utilizes any given property/road no more than once a day; and/or
4. Utilizes any given property/road no more than fifteen (15) days per year.

(b) The Hearing Officer may approve a proposed use, if it does not exceed the following thresholds:

1. Involves more than three (3) and fewer than ten (10) persons on a given property/ road at any given point in time; and/or
2. Occupies no more than five (5) on-site parking spaces; and/or
3. Utilizes any given property/road no more than twice a day; and/or
4. Utilizes any given property/road no more than thirty (30) days per year.

(c) The BOCC may approve a proposed use that exceeds the following thresholds:

1. Involves more than ten (10) persons on a given property/road at any given point in time; and/or
2. Occupies more than five (5) on-site parking spaces; and/or
3. Utilizes parking spaces for any single vehicle with a passenger capacity of more than ten (10) persons; and/or
4. Utilizes any given property/road more than twice a day; and/or
5. Utilizes any given property/road more than thirty (30) days per year.

(r) Personal Service Outlet

In the B-1, B-2, T, and SKI-REC zone districts, each personal service outlet business shall be limited to no more than two thousand (2,000) square feet of floor area with the following exceptions for grocery stores located within the B-1 and B-2 zone Districts:

1. In the B-1 Zone District, grocery stores shall not exceed 3,000 square feet.
2. In the B-2 Zone District in the rural area outside the established UGB, a grocery store shall not exceed 3,000 square feet.
3. In the B-2 Zone District within the UGB, grocery stores shall be limited to no more than ten thousand five hundred (10,500) square feet of floor area. Building permit applications for a grocery store located within the Urban Growth Boundary containing in excess of three thousand (3,000) square feet shall include a site plan demonstrating that adequate provision has been made for safe vehicular and pedestrian circulation, automobile and bicycle parking, trash and delivery service areas, and associated signage. The site plan shall be reviewed for adequacy with approval needed by the Community Development Department prior to building permit issuance.

(s) Radio or Television Transmitting Station

Outside the urban growth boundaries, no radio or television transmitting station shall have any on-site employees.

(t) Research Facility

All activities must be conducted indoors.

(u) Restaurant and/or Bar

1. In the B-1 zone district, restaurants or bars shall not exceed two thousand (2,000) square feet of floor area.
2. In the T zone district, restaurants and bars are allowed by right if located within the urban growth boundaries.
3. In the T zone district, restaurants and bars located outside urban growth boundaries shall require special review approval, and shall not exceed five thousand (5,000) square feet of floor area.

(v) Retail Sale of Goods

1. Unless subject to a smaller size limit under this Land Use Code, each business for the retail sale of goods is limited to two thousand (2,000) square feet of floor area.
2. In the B-1 zone district, a maximum of six thousand (6,000) square feet of retail sales uses shall be permitted wihin each contiguous area zoned B-1.
3. In the T zone district, retail sales of goods located outside the urban growth boundaries shall only be permitted as an accessory use, and shall be limited to two thousand (2,000) square feet of floor area.
4. On lands in the B-1 zone district, located in the Upper Frying Plan Valley, retail sales is limited to general stores, fly and tackle shops, and similar retail businesses and public uses that serve the rural and recreational nature of the Upper Frying Pan Valley.

(w) Riding Stable or Academy (Principal Use)

1. Indoor facilities relating to riding stables or academies shall only be permitted on lots that conform with the minimum lot or parcel size in the zone district where the property is located, and shall be limited to twenty thousand (20,000) square feet of gross floor area.
2. Riding stables or academies located on parcels of forty (40) acres or less shall be limited to ten (10) visitor trips per day; those on parcels between forty (40) and eighty (80) acres shall be limited to twenty visitor (20) trips per day; and those on parcels of eighty (80) acres or more shall be limited to thirty (30) visitor trips per day.

(x) Timesharing, Fractional Fee, or Common Interest Community

(1) Purpose

The purpose of this section is to regulate the use of common interest time share communities and time shares in accordance with state law and Pitkin County land use policy and regulation.

(2) Applicability

This section shall apply to all common interest communities and timeshares created pursuant to C.R.S. 3-33.3-101, et seq. (the Colorado Common Interest Ownership Act), 38-33-101, et seq. (the Condominium Ownership Act) and 38-33.5-101, et seq. (Cooperative Housing Corporations), as those provisions may be amended or replaced from time to time. It is the intent of these regulations to avoid conflict with state regulation of condominiums or common interest communities, and in the event of any inconsistency between these regulations and applicable state law, the latter shall apply.

(3) Location

Timeshare or fractional fee units and communities shall be limited to those zone districts identified for timeshare and fractional fee uses in Table 4-1.

(4) General Standards: Common Interest Communities

(a) Compliance with State Law

Common interest communities shall be created as set forth by C.R.S. 38-33.3-101, et seq. (the Colorado Common Interest Ownership Act, 38-33-101, et seq. (the Condominium Ownership Act) or 38-33.5-101, et seq. (Cooperative Housing Corporations), as such provisions may be amended or replaced from time to time.

(b) General Standards Applicable to Condominiums and Cooperatives

Common interest communities that are created in the condominium or cooperative form are subject to the following general standards:

1. The Creation of Condominiums or Cooperatives is Not a Land Use Approval
   • A condominium or cooperative interest created in existing structures and/or land is the creation of an interest in real property recognized by state law and does not constitute a land use approval by Pitkin County.
2. The Creation of Condominiums or Cooperatives Does Not Effect a Subdivision of Land
   • The conversion of units to a condominium ownership structure or creation of cooperative interests in existing structures and/or land is not a subdivision of land and does not result in the creation of legally separate lots or parcels for purposes of development.
3. The Creation of Condominiums or Cooperatives Creates a Separate Parcel for Taxation Purposes Only.
   • The conversion of units to a condominium form of ownership or creation of cooperative interests in existing structures and/or land creates a separate parcel for purposes of taxation only.

(c) General Standards Applicable to Planned Communities

Common interest communities that are created in the planned community form are subject to the following general standards:

1. Creation of Planned Community Requires Pitkin County Subdivision Approvals
   • The creation of a common interest community in the planned community form constitutes a subdivision of land that requires conceptual submission, detailed submission, subdivision and final plat review and approval by Pitkin County.
2. Conversion of Existing Development into Planned Community Requires Pitkin County Subdivision Approvals
   • The conversion of existing units and land into a planned community without additional development also requires the approvals described in subsection 1. above.

(d) Regulations Applicable to Common Interest Communities

Common interest communities are subject to all of the provisions of the underlying zone district and any other building, land use of regulations and approvals, except as follows:

1. Firewall Required
   • Condominiums and cooperatives shall have a minimum one-hour fire wall between units that share common walls. Existing units that are converted to condominiums or turned into cooperatives shall be retrofitted to comply with the one-hour fire wall requirement. More restrictive fire wall requirements may be imposed where they are also imposed on rental units and/or separately owned units.
   • Common Interest Communities Allowed in Condominium and Cooperative Form
2. The condominium and cooperative form of common interest community ownership may not be prohibited.

(5) General Standards: Timeshares

(a) Compliance with State Law

• Timeshares must be created in accordance with C.R.S. 38-33-111, as such provision may be amended or replaced from time to time.

(b) The Creation of Timeshares Does Not Effect a Subdivision of Land

• The creation of timeshares for existing structures and/or land is merely the creation of an interest in real property recognized by state law and does not constitute a land use approval by Pitkin County. The creation of timeshares for existing structures and/or land is not a subdivision of land and does not result in the creation or legally separate lots or parcels.

(c) Conforming Tourist Accommodations Required and Special Review Required in Certain Zone Districts

• Timeshares are only permitted in conforming tourist accommodations, and are a special review use in certain zone districts.

(d) Protection of Adjacent Land Uses, One Hundred Percent Timesharing Required of All Residential Units within a Building

• Timesharing must be conducted in all of the residential units in a building or not at all. For purposes of determining what constitutes a building, a building shall be considered all attached units and structures that are physically connected to one another (for example: attached townhomes shall constitute a building). Mixing timesharing with other less intensive uses is undesirable as a tourist use and is incompatible with residential uses or less intensive tourist uses.

(e) Growth Management Allocations Required

• Growth management allocations shall be required for all new units and/or structures as set forth in Sec. 6-60.

(f) Mitigation Required

• Timeshares must fully mitigate all impacts and pay all exactions set forth in Chapter 8.

(g) All Regulations Applicable

• Timeshares are subject to all of the provisions of the underlying zone district and any other land use regulations and approvals.

(6) Declarations, Maps and Plat Requirements

(a) Declaration Requirements

Common interest community and timeshare declarations shall comply with all applicable state requirements relating to declarations, maps and platting. The declarant shall provide a copy of the declaration to the Pitkin County Assessor. The County Clerk shall not accept any declaration for recordation unless it contains the following:

1. A statement of the type of common interest community that is being created as either a condominium, cooperative or planned community. Where timeshares are being created, a statement containing the number of interests created and the type.
2. A statement that reads as follows: "The creation of this [common interest community, specifying by type] [timeshare] does not constitute a legal subdivision of land pursuant to the Pitkin County Land Use Code. The separate ownership interests do not result in the creation of separate, legal lots or parcels under the Pitkin County Land Use Code."
3. A statement that reads as follows: "Any alteration, change, expansion, modification of any structure in the common interest community or timeshares may require the approval of Pitkin County."
4. Where the declarant reserves the right to create additional units or timeshare interests, a statement that reads as follows: "The declarant has reserved the right to create additional units, or interests, which may require the approval of Pitkin County before such units or interests may be lawfully created."
5. Where the declarant reserves the right to exercise any additional development rights or make additional improvements, a statement that reads as follows: "The declarant has reserved the right to exercise additional development rights and/or make additional improvements that may require the approval of Pitkin County before such additional development rights may be lawfully exercised or created, or additional improvements may lawfully occur."
6. A statement that reads as follows: "The partition of any interest in a common ownership community or timeshare is prohibited. By becoming part of this common ownership community or a timeshare, any right to maintain a legal partition action is forever waived. In the case where a court may allow a partition action in a common interest community or timeshare, the interested party agrees that a partition action constitutes an evasion of Pitkin County subdivision regulations and agrees to be bound by all provisions of the Pitkin County Land Use Code relating to subdivision.

(b) Maps and Platting Requirements

Common interest community and timeshare maps and plats shall comply with all applicable state requirements. The declarant shall provide a copy of the map or plat to the Pitkin County Assessor. The County Clerk shall not accept any map or plat for recordation unless it contains the following notations and signature blocks:

1. A signature block for the Clerk and Recorder that contains a statement that reads as follow: "This map or plat is accepted for filing in the office of the Clerk and Recorder for Pitkin County, Colorado, this day of , 19 [or 2 ], Plat book on Page ."
2. An executed signature block for the County Attorney that contains a statement that reads as follows: "By signing this map or plat, the County Attorney signs only as to form as required by the Pitkin County Land Use Code. The County Attorney does not represent or warrant that this [common interest community] [timeshare] has been created in conformance with state law." The review by the County Attorney as to form may be subject to an administrative fee.
3. Unit boundaries shall be clearly delineated and labeled as the "unit lines" or "unit boundaries." Boundaries between units and delineations of common and limited common elements shall be clearly labeled as such. Separate addresses shall be obtained for each unit and depicted on the map or plat.
4. A notation indicating the type of common interest community that is being created as either a condominium, cooperative or planned community. Where timeshares are being created, a notation indicating the type of timeshare and number of interests.
5. A notation that read as follows: "The creation of this [common interest community, specifying by type] does not constitute a legal subdivision of land pursuant to the Pitkin County Land Use Code. The separate ownership interests do not result in the creation of separate, legal lots or parcels under the Pitkin County Land Use Code."
6. A notation that reads as follows: "Any alteration, change, expansion, modification of any structure in the [common interest community] [timeshare] may require the approval of Pitkin County."
7. Where the declarant reserves the right to create additional units or additional timeshare interests, a notation that reads as follows: "The declarant has reserved the right to create [additional units] [timeshare interests], which may require the approval of Pitkin County before such units may be lawfully created."
8. Where the declarant reserves the right to exercise any additional development rights or make additional improvements, a notation that reads as follows: "The declarant has reserved the right to exercise additional development rights and/or make additional improvements that may require the approval of Pitkin County before such additional development rights may be lawfully exercised or created, or additional improvements may lawfully occur."

(7) Subdivision Required to Create Separate Lots in Condominiums, Cooperatives and Timeshares

(a) Subdivision Required to Create Separate Lots

• No legal, separate lot or parcel shall be recognized for the interests in condominiums, cooperatives or timeshares unless subdivision approval is granted by Pitkin County. Exemptions from the County's subdivision process shall not be allowed.

(b) Mitigation Required

• Under all circumstances, the approval of any subdivision associated with condominium, cooperatives or timeshare interest shall include a requirement that all development exactions be paid as if the subdivision was a new development as provided in Chapter 8.

(c) Growth Management Allocations or Exemption Required

• Under all circumstances, the approval of any subdivision associated with condominium, cooperatives or timeshare interest shall include a requirement that growth management allocations or an exemption be obtained as provided in Secs. 6-60 and 6-30-150.

(8) No Partition Permitted

No partition of any common interest community or timeshare interest shall be permitted. The filing of any legal partition action shall be considered an evasion of the Pitkin County subdivision requirements.

(9) Growth Management Allocations Required to Create New Structures, Dwelling Units or Timeshare Interests

Any additional structures or dwelling units in a common interest community shall require growth management allocations or exemptions pursuant to Secs. 6-60 and 6-30-150.

(10) Additional Timeshares Require Growth Management Allocations or Exemptions.

The creation of any additional timeshare interests shall require growth management allocations pursuant to Sec. 6-60.