6-30 Exemptions From GMQS

There are three types of deed restricted dwelling units that may be exempted from Growth Management:

1. Deed restricted Category affordable housing sale units and publicly owned Category affordable housing rental units;
2. Resident Occupied ("RO") deed restricted sale units and publicly owned RO rental units; and
3. Deed restricted caretaker dwelling units ("CDUs").
4. [Reserved]

There is no exemption provided for privately owned deed restricted rental units. Publicly owned Category and RO rental units are eligible for exemption.

(a) Deed Restricted Category Affordable Housing Sale Units

Deed restricted Category affordable housing sale units in any zone district where these units are allowed may be exempted from Growth Management. Publicly owned Category affordable housing rental units may also be exempted from Growth Management. Two exemptions for the development of Category affordable housing units are provided through Growth Management as follows:

(1) 70/30 Development Projects in the AH/PUD Zone

The development of projects containing a minimum specified mix of seventy (70) percent deed restricted Category and RO sale housing and a maximum of thirty (30) percent free market housing may be exempted from Growth Management to create an incentive for the production of deed restricted category affordable housing. Where the project is publicly owned, the Category and RO units may be rental units. All 70/30 development projects shall satisfy the following minimum criteria to qualify for a Growth Management exemption:

• (a) AH/PUD Zoning Required
  • 70/30 development project shall only occur in the AH/PUD zone.
• (b) Compliance with Housing Designee Goals and Deed Restrictions Required
  • A 70/30 development project shall contribute to the annual housing production goal and unit mix established by the Aspen/Pitkin Housing Authority for sale units (or rental units, if the project is publicly owned); and shall comply with the deed restrictions required by the Aspen/Pitkin Housing Authority for Category and RO sale units (or rental units, if the project is publicly owned).
• (c) Minimum Specified Dwelling Unit Mix
  • A 70/30 development project shall comply with the following minimum specified dwelling unit mix:

• (d) Minimum Design and Locational Criteria
  • 70/30 development projects shall comply with the following minimum design and locational criteria:
    1. The construction quality of the deed restricted sale units (or rental units, if publicly owned) shall be maximized;
    2. The size of the deed restricted sale units (or rental units, if publicly owned) shall be maximized considering the economics of the project, including the likely profit on any free market units and the restrictions on the pricing of the deed restricted sale units;
    3. The development project shall be located considering the criteria contained in the Citizen Housing Plan; and
    4. The development project shall be located within one-half (1/2) mile walking distance (measured from the closest residential structure) from either an existing mass transit stop or an agency approved planned mass transit stop that will be available prior to the issuance of any Certificates of Occupancy for the project.

The transfer of development rights (TDRs) from Sending Sites identified in Sec. 6-70-20 may provide an exemption from GMQS subject to compliance with the standards of this section. Specific forms of exemption are listed below:

(a) New Dwelling Units

• A new dwelling unit located within the Aspen Urban Growth Boundary may be exempted from GMQS through the use of TDRs as provided in Sec. 6-70-40(b) and subject to special review approval pursuant to the criteria in Sec. 2-30-30(h)(2). A new dwelling unit located outside the Aspen Urban Growth Boundary may not be exempted from GMQS through the use of TDRs.

(b) Additional Floor Area for Lots/Parcels

1. Aspen Urban Growth Boundary
   • Additional floor area up to the final maximum size permitted by Table 5-1 (including base floor area), on a lot/parcel within the Urban Growth Boundary, may be exempted from GMQS without special review through the use of TDRs as provided in Sec. 6-70-40(b).
2. Rural Area
   • (a) Additional floor area, up to the final maximum size permitted by Table 5-1 (including base floor area), on a lot in the following subdivisions within the Rural Area may be exempted from GMQS without special review through the use of TDRs as provided in Sec. 6-70-040(b): Starwood, Starwood Ranch, Owl Creek Ranch, East Owl Creek, Eagle Pines, Castle Creek Valley Ranch, White Star Ranch, Star Mesa and Aspen Valley Downs.
   • (b) Additional floor area, up to the final maximum size permitted by Table 5-1 (including base floor area), on a lot/parcel within the Rural Area not included in (a) above may be exempted from GMQS through the use of TDRs as provided in Sec. 6-70-40(b) and subject to special review approval pursuant to the criteria in sec. 2-30-30(h)(2).
3. Additional Floor Area for Properties with Development Rights Approved through Growth Management (Urban Growth boundary and rural area)
   • Additional floor area, up to the final maximum size permitted by Table 5-1 (including base floor area), for a lot or a parcel with development rights that have been awarded base square footage allotments through the County's GMQS scoring and competition procedures may be exempt from GMQS through the use of TDRs subject to special review approval pursuant to the criteria in Sec. 2-30-30(h)(2), but such exemption shall be limited to the maximum square footage specified in the GMQS competition.

One additional single-family dwelling unit may be allowed on a property designated to the Pitkin County Historic Register, subject to special review approval pursuant to the criteria in Sec. 2-30-30(h)(2) and the following:

(a) One Additional Single-Family Dwelling Unit and Historic Structure(s) Exempt

• The additional single-family dwelling unit may be exempt from GMQS up to the base maximum size permitted by Table 5-1, subject to special review approval pursuant to the criteria in Sec. 2-30-30(h)(2), unless the Board of County Commissioners determines that a smaller dwelling unit size is necessary to avoid visually overwhelming the historic resource(s) on the property, in which case the lower maximum dwelling unit size established by the Board of County Commissioners shall apply. Only one (1) single-family dwelling unit per parcel as it was configured on June 12, 1978, is permitted in addition to the historic structure(s), regardless of the number of historic structures on the parcel and/or the availability of an exemption pursuant to this Sec. 6-30-60. This exemption for an additional single family dwelling unit shall not be available to properties with existing, non-historic single-family dwelling units. The retention of the historic structure(s) is exempt from GMQS and the minimum lot area per dwelling unit requirement of the underlying zone district.

(b) Listing of Historic Structure(s)

• The property must be designated to the Pitkin County Historic Register as provided in Sec. 7-20-100 to be eligible for this exemption.

(c) Relocation of Historic Structure

• The Board of County Commissioners may grant a GMQS exemption if the historic structure has been moved from its original parcel/lot or is proposed to be moved to another parcel/lot, subject to special review approval pursuant to the criteria in Sec. 2-30-30(h)(2).

(d) Transfer of Exemption

• The Board of County Commissioners may approve the transfer of the GMQS exemption available through this provision from the parcel/lot where the historic structure is located to another parcel/lot, subject to special review approval pursuant to the criteria in Sec. 2-30-30(h)(2).

(e) Change in Use

• The Board of County Commissioners may approve a change in use of an historic structure, subject to special review approval pursuant to the criteria in Sec. 2-30-30(h)(2).

A GMQS exemption is provided to create an incentive for owners to maintain land in large lots as follows:

(a) 500+ Acre Parcels

• One single-family dwelling unit up to fifteen thousand (15,000) square feet of floor area shall be exempt from GMQS on any parcel of five hundred (500) acres or more in size, (except where codified Caucus floor area limitations exist, they shall apply), subject to compliance with the following standards:

1. Deed Restriction against Further Subdivision
   • Prior to or concurrent with recordation of any final approval of a Site Plan, the land must be deed restricted against further subdivision or development of other than:
     • (a) One single family dwelling unit;
     • (b) Preservation and expansion of historic dwelling units or structures;
     • (c) Accessory dwelling units or structures, including agricultural buildings; and
     • (d) Infrastructure associated with the approved site specific development plan.
2. Affect of Reconfiguration
   • If the parcel that is subject to the deed restriction is subsequently reconfigured, then the area of the parcel as it existed at the time of recordation of the deed restriction shall not be utilized to provide an additional exemption from GMQS for a newly created lot or parcel.
3. Previous Approvals
   • On properties which received a five hundred (500) acre growth management exemption approval prior to July 5, 2006, one (1) single family dwelling unit of up to fifteen thousand (15,000) square feet of floor area (or up to floor area granted in previous approval, if less than fifteen thousand (15,000) square feet) shall be exempt from GMQS, regardless of codified Caucus floor area limitations.

A GMQS exemption is provided for the development of residential floor area in the following situations, subject to compliance with the standards in this section.

(a) Exemption for any Lot or Parcel that was Legally Created Before June 12, 1978

The development of residential floor area on a lot or parcel legally created before June 12, 1978, may be exempted from Growth Management. This GMQS exemption may be used to develop one single-family dwelling unit and accessory structures that count as floor area, subject to compliance with all other applicable provisions of this Land Use Code and the following additional standards:

1. Without Existing Structures
   • If the lot or parcel is not improved with any structures that count as floor area, then the applicant may develop up to the base maximum size permitted by Table 5-1 on the lot or parcel that is exempt from Growth Management.
2. With Existing Structures Under 5,750 Square Feet
   • If there are existing structures on the lot or parcel that count as floor area, then the applicant may expand the structures or develop a new structure(s), up to a cumulative limit equal to the base maximum size permitted by Table 5-1 on the lot or parcel. If there is already an existing single-family dwelling unit on the lot or parcel, then the applicant may not use the remaining square footage to create an additional dwelling unit of density.
3. With Existing Structures of 5,750 Square Feet or More
   • If the existing structures on the lot or parcel already contain floor area equal to or greater than the base maximum size permitted by Table 5-1, then the applicant cannot obtain additional floor area via this exemption. The applicant may obtain additional floor area by utilizing transferable development rights to obtain an exemption from GMQS or by competing for an allotment in the Residential GMQS.
4. Replacement of Existing Structures
   • The existing structures on the lot or parcel may also be replaced, subject to compliance with Sec. 6-30-110(c).
5. Limitation on Additions
   • A new dwelling unit created through this exemption may be expanded at any time by utilizing transferable development rights to obtain an exemption from GMQS or by competing for an allotment in the Residential GMQS.
6. Floor Area Reserved
   • Development constructed pursuant to this exemption that results in less floor area than the base maximum size permitted by Table 5-1 on the lot or parcel shall be entitled to expand up to the base maximum size permitted by Table 5-1 in any future development at any future date.
7. Governmental Lands Not qualified
   • Lands owned or controlled by any governmental entity or division on or before June 12, 1978, do not qualify for this exemption.
8. "Fathering Parcel" Retains Exemption Even if Reconfigured After June 12, 1978
   • An original "fathering parcel" that was legally configured as of June 12, 1978, retains one GMQS exemption subject to the limitations of this section, notwithstanding any reconfiguration of the parcel after June 12, 1978. The exemption shall be granted to the parcel that seeks the exemption first in time, or designated in the subdivision or division of the original fathering parcel.
9. Use of Growth Management Exemption on Adjacent Parcel

The growth management exemption may be used on a contiguous parcel under separate ownership or an adjacent parcel under the same ownership that is separated from the fathering parcel by a public road or other right-of-way, subject to Special Review and the following additional standards:

• (a) The use of the growth management exemption shall:
  1. Promote the clustering of buildings and uses;
  2. Promote the preservation of open space, agricultural lands and/or wildlife habitat areas;
  3. Take advantage of a site’s unique natural resources and scenic features, and avoid or mitigate any hazardous areas.
• (b) The receiving parcel shall contain a minimum of two (2) times the minimum lot area in the zone district to be eligible to receive the growth management exemption;
• (c) When this growth management exemption is used in conjunction with a CD-PUD Residential Agricultural Development Option 3, the fathering parcel shall contain a minimum of 35 acres or an aggregation of smaller, contiguous parcels that combine for a minimum of 35 acres, and the aggregated development rights (floor area) may be clustered into one or two principal dwellings such that the density of units is reduced. For example, where a CD-PUD allows two principal dwellings and the adjacent parcel being added to the CD-PUD allowed another dwelling, the transferred floor area shall be used in a total either one principal dwelling or two clustered dwellings. In no event can the resulting development exceed applicable floor area limitations of the zone district.
• (d) A deed restriction shall be recorded against the fathering parcel to memorialize the extinguishment of growth management exemption on the fathering parcel and the use of the growth management exemption on the receiving parcel, prior to the approval of the Site Plan, subdivision plat or other development approval for the receiving parcel.

(b) Growth Management Exemption For Board-Approved Subdivisions, Fully Developed Land Subdivision Exemptions, and 35 Acre Parcels Created Prior to January 10, 2000 and Located Within the Crystal River or Frying Pan Areas

A GMQS exemption is created for remodeling or replacement of existing floor area, commercial structures and tourist accommodation units, as follows:

(a) General Standards

An exemption for remodeling, replacement, and additions shall comply with all other applicable provisions of this Land Use Code and the following standards:

1. Legally Created Structure
   • The applicant shall demonstrate that the structure proposed for remodel or replacement was legally created by producing a valid copy of the building permit for the structure. In the event a valid building permit for a structure cannot be provided, remodeling or replacement may occur if the applicant demonstrates that the structure was built prior to the issuance of County building permits.
2. Non-Conforming Structures
   • The remodeling, replacement, or addition to a non-conforming structure shall comply with the standards of Sec. 9-40 as applicable.
3. No Change of Use
   • The use of the structure shall not be changed as part of the exemption for the remodel or replacement. The provisions of Sec. 6-30-160 shall be used to determine whether a proposed development is considered to be a change in use.
4. Location
   • The remodeling or replacement shall occur on the same lot or parcel on which the existing structure is located, but shall not be limited to the same footprint as the structure being remodeled or replaced.

(b) Exemption for Remodeling

1. Residential Structures
   • Remodeling of residential structures may be exempted from Growth Management, provided that the floor area of the structure shall not be increased, unless additional floor area is obtained by utilizing transferable development rights or by competing for an allotment in the Residential competition system.
2. Commercial Structures and Tourist Accommodation Units
   • The remodeling of a commercial structure or tourist accommodation unit may be exempted from Growth Management, provided that the existing commercial floor area shall not be expanded and the number of tourist accommodation units shall not be increased unless an exemption is obtained pursuant to Sec. 6-30-150 or an allotment is obtained by competing in the Commercial/Tourist Accommodations competition system.

(c) Exemption for Replacement of Residential Floor Area

• The replacement of legally established residential floor area on a lot or parcel in a Board-approved subdivision, on a lot or parcel legally created and configured prior to June 12, 1978, or on a thirty-five (35) or more acre parcel legally created prior to January 10, 2000, and located within the Crystal River or Frying Pan areas may be exempted from Growth Management, subject to the following:
  1. Replacement Size Limited
     • (a) If the total size of the structure(s) on the lot or parcel is less than or equal to the base maximum size permitted by Table 5-1, then the existing structure(s) can be replaced and can be expanded, up to a total of the base maximum size permitted by Table 5-1 on the lot or parcel.
     • (b) If the total size of the structure(s) on the lot or parcel is more than the base maximum size permitted by Table 5-1, then the existing structure(s) may be replaced, but these structures may not be expanded without obtaining either a GMQS allotment or transferable development rights.
     • (c) Demolished square footage of structures not attached to the principal dwelling unit may not be combined with the replacement square footage of the principal dwelling unit to develop a replacement dwelling unit that is larger than the existing unit, except that up to seven hundred fifty (750) square feet of detached garage area may be replaced with the same number of square feet in an attached garage.
  2. Relocation May Be Required
     • The County may require the replaced dwelling unit to be relocated within the same lot or parcel, if such relocation would result in the replaced structure avoiding a Constrained Area (as defined in Sec. 7-10-50 or would result in a less severe impact from development upon a Constrained Area.
  3. Replacement Required Within Two (2) Years of Demolition
     • An applicant who has received an exemption to replace existing floor area shall be required to obtain a building permit for the replacement floor area no more than two (2) years after the date of having received the exemption. Failure to obtain the building permit within the two (2) year period shall render the replacement exemption null and void for the lot or parcel.
  4. Fathering Parcel Retains Exemption Even if Reconfigured After June 12, 1978
     • If the parcel is reconfigured and results in the creation of more than one parcel, the original "fathering parcel" that was legally configured as of June 12, 1978, shall retain one replacement exemption as provided in Sec. 6-30-100(d)(1), subject to the limitations of this section. The exemption shall be granted to the parcel designated upon subdivision or division of the original fathering parcel, or if no parcel is so designated, then to the parcel that seeks the exemption first in time. Reconfiguration of the parcel through lot line adjustment shall not affect the availability of the replacement exemption.
  5. Limitation on Additions
     • A replacement dwelling unit created through this exemption may be expanded at any time by utilizing transferable development rights to obtain an exemption from GMQS or by competing for an allotment in the Residential GMQS.