6-30-100 Exemption For Development of up to 5,750 Square Feet or Residential Floor Area on Certain Types of Pre-Existing Lots

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:

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.
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.
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.
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).
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.
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.
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.
"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.
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

The development of residential floor area on a lot or parcel in the following situations is exempt from GMQS, subject to compliance with the standards in this section:
- (a) A subdivision within the Rural Area approved by the Board of County Commissioners prior to June 19, 2000, and a subdivision within the Aspen Urban Growth Boundary approved by the Board prior to the 5th of July, 2006;
- (b) A low impact subdivision approved by the Board;
- (c) A lot split approved by the Board prior to June 19, 2000;
- (d) A lot in a pre-1989 fully developed lands subdivision exemption approved by the Board; and
- (e) A parcel of thirty-five (35) or more acres created prior to January 10, 2000 and Located within the Crystal River or Frying Pan Areas.
- (f) Substandard sized lots separated by action of the Board of County Commissioners pursuant to Sec. 9-20-30.
This GMQS exemption may be used to develop one (1) 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 standards in subsections (a) through (f) below.
- (a) Without Existing Structures
  - If the lot or parcel is not improved with any structures that count as floor area, then the applicant may develop a dwelling unit up to the base maximum size permitted by Table 5-1 on the lot or parcel that is exempt from Growth Management.
- (b) 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 the cumulative limit that 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.
- (c) With Existing Structures of 5,750 Square Feet or More
  - If the existing structures on the lot or parcel already contain a dwelling unit of up to 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.
- (d) 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).
- (e) 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.
- (f) Floor Area Reserved
  - Development constructed pursuant to this exemption that results in a dwelling unit smaller than the base maximum house 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.
The development of residential floor area on a lot in the Meadowood Subdivision is exempt from GMQS up to the total of the allowable floor area based on the floor area ratio (FAR) plus the additional floor area allocated to the lot pursuant to Board of County Commissioners Resolution No. 99-124, or 5,750 square feet of floor area, whichever is greater.

(Code Revised (all sections) by Ord. No. 014-D, 2006, 07-05-06; § 6-30-100 (part) amended by Ord. 002.2013, 01-23-13; Ord.030.16, 12-21-2016)

6-30-100 Exemption For Development of up to 5,750 Square Feet or Residential Floor Area on Certain Types of Pre-Existing Lots

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