Embedded Files
(a) Sending Sites
In addition to all other uses available, the following types of land shall have the right to sever development rights, and to transfer those development rights to other areas pursuant to this section.
- Preservation Sites
- Lots or parcels, or portions of lots or parcel, in the RR, TR-1, TR-2 zone districts that have not previously used TDRs to remove development potential, and subject to the limitations shown in Table 6-12.
- Conservation Development PUD (CD-PUD)
- Lands within the Conservation Development PUD (CD-PUD) zone district that are not developed pursuant to the Residential Development or Commercial Agricultural Development Options.
- Constrained Sites.
- Legally created lots or parcels that have been identified as Constrained Sites because the lot or parcel is undevelopable or severely restricted pursuant to the Land Use Code, as determined in the discretion of the Board of County Commissioners.
- Visually Constrained Sites
- Legally created lots or parcels that have been identified as Visually Constrained Sites because development would severely impact or destroy a scenic public view plane, as determined in the discretion of the Board of County Commissioners.
- Limited Development Conservation Parcels
- Conservation parcels on which limited development is proposed pursuant to Sec. 6-70-40(a)(9); on which a conservation easement for limited development has been executed and recorded; and which have received special review approval from the Board of County Commissioners to sever transferable development rights.
- Properties Designated to Pitkin County Historic Register
- Properties that have received approval from the Board of County Commissioners to sever development rights (TDRs) in conjunction with designation to the Pitkin County Historic Register
(Code revised (all sections)by Ord. 014-d-2006, 07-05-0; § 6-50-20 (part) amended by Ord. 021-0, 07-24-07; Ord. 023-07, 08-28-07, 019-09, 06-24-09)
NOTES: In zone districts without FAR limits (RS-35, RS-30, RS-20, and AR-10) where TDRs are available to increase house size, the maximum size of the house after use of the TDRs shall be the maximum size shown in Table 5-1, which is based on Comprehensive Plan for different areas. In zone districts with FAR limits (AR-2, R-30, R-15, R-15A, R-6, and VR) where TDRs are available to increase house size, the maximum allowable floor area of the house shall be limited by the applicable FAR, as shown in Table 5-1. 1. TDRs may not be used to exceed the maximum allowable floor area, but may be used to attain the final maximum gross floor area *Except where parcel is less than 1 acre and does not comply with the criteria specified in Sec. 6-70-40(a)(6). **Except where parcel is designated as a Limited Development Conservation Parcel by Special Review
(b) Receiving Sites
In addition to all other uses available in the underlying zone, the following types of sites may receive development rights that have been severed from other properties and transferred pursuant to this section:
- Lots or Parcels without Development Rights in the Aspen Urban Growth Boundary
- TDRs may be used to create a new development right for a single family dwelling on a legally created lot or parcel within the Aspen urban Growth Boundary that does not currently have a development right to build a single family dwelling and/or accessory structures with a combined floor area of up to the base maximum size permitted by Table 5-1.
- Lots or Parcels Where a House Larger than the Base Floor Area Is Desired
- Where the owner of a lot or parcel in the RS-35, RS-30, RS-20, AR-10, AR-2, R-30, R-15, R-15A or R-6 zone districts desires to build larger than the base maximum floor area permissible under Table 5-1, TDR’s may be used to increase the permitted floor area up to the final maximum floor area specified in Table 5-1 may be subject to special review approval, if required in Sec. 6-30-50(b), and shall be reviewed through the Site Plan process.
(Code revised (all sections by Ord. 014-D-2006; § 6-70-20 amended (part) by Ord. 038-06, 12-06-06; Ord. 021-07, 07-24-07, Ord. 024-09, 10-28-09)
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