HomeMy WebLinkAboutPart 200.Administration.Land Use Code.1999Part 200 — Administration — Decision -Making Bodies
PART 200
PART 200 - ADMINISTRATION - DECISION MAKING
BODIES
26.208 CITY COUNCIL
26.208.010 Powers and duties.
26.210 COMMUNITY DEVELOPMENT DEPARTMENT
26.210.010 Purpose.
26.210.020 Director of Community Development Department.
26.210.030 Chief building official.
26.212 PLANNING AND ZONING COMMISSION
26.212.010 Powers and duties.
26.212.020 Qualifications for membership.
26.212.030 Membership: appointment, removal, terms and vacancies.
26.212.040 Staff.
26.212.050 Quorum and necessary vote.
26.212.060 Meetings, hearings and procedure.
26.216 BOARD OF ADJUSTMENT
26.216.010
Powers and duties.
26.216.020
Qualifications for membership.
26.216.030
Membership: appointment, removal, terms and vacancies.
26.216.040
Staff.
26.216.050
Quorum and necessary vote.
26.216.060
Meetings, hearings and procedure.
26.220 HISTORIC PRESERVATION COMMISSION (HPC)
26.220.010 Purpose.
26.220.020 Establishment.
26.220.030 Powers and duties.
26.220.040 Qualification for membership.
26.220.050 Membership; appointment, removal, terms and vacancies.
26.220.060 Staff.
26.220.070 Quorum and necessary vote.
26.220.080 Meetings, hearing and procedure.
26.220.090 Committees and project monitoring.
26.222 DESIGN REVIEW APPEAL COMMITTEE
26.222.010 Purpose.
26.222.020 Powers and duties.
26.222.030 Qualifications for membership.
26.222.040 Membership: appointment, removal, terms and vacancies.
26.222.050 'Staff.
26.222.060 Quorum and necessary vote.
City of Aspen Land Use Code Page - 24 Revised 10/01/99
Part 200 — Administration — Decision -Making Bodies
PART 200
26.222.070 Meetings, hearings and procedure.
26.226 GROWTH MANAGEMENT COMMISSION
26.226.010 Purpose.
26.226.020 ' Composition.
26.226.030 Staff.
26.226.040 Quorum.
26.226.050 Meetings, hearings and procedures.
City of Aspen Land Use Code Page - 25 Revised 10/01/99
Part 200 — Administration — Decision -Making Bodies
Section 26.208.010
Chapter 26.208
CITY COUNCIL
26.208.010 Powers and duties.
In addition to any authority granted by state law or the Municipal Code of the City of Aspen,
Colorado, the City Council shall have the following powers and duties:
A. To initiate amendments to the text of this Title, pursuant to Chapter. 26.310;
B. To hear, review, and adopt amendments to the text of this Title after recommendation by
the commission, pursuant to Chapter 26.310;
C. To initiate amendments to the official zone district map, pursuant to Chapter 26.310;
D. To hear, review, and adopt amendments to the official zone district map after
recommendation by the Planning and Zoning Commission, pursuant to Chapter 26.310;
E. To hear, review, and adopt a conceptual development plan and a final development plan for
specially planned areas (SPA), after recommendations of the Planning and Zoning
Commission, pursuant to Chapter 26.440;
F. To hear, review, and adopt a conceptual development plan and a final development plan for
a planned unit development (PUD), pursuant to Chapter 26.445;
G. To hear, review, and designate H, Historic Overlay Districts and historic landmarks, after
recommendation from the Planning and Zoning Commission and the Historic reservation
Commission, pursuant to Chapter 26.420;
H. To review appeals from decisions of the Historic Preservation Commission approving,
conditionally approving or disapproving a development application for development or
demolition of a historic landmark or a development application for development or
demolition in a H, Historic Overlay District pursuant to Chapter 26.415;
I. To adopt historic district and historic landmark development guidelines and to ratify the
Historic Preservation Commission evaluation of the inventory of historic structures
pursuant to Chapter 26.415;
J. To hear appeals from decisions of the Planning and Zoning Commission regarding scoring
pursuant to the growth management quota system, pursuant to Chapter 26.470;
City of Aspen Land Use Code Page - 26 Revised 10/01/99
Part 200 — Administration — Decision -Making Bodies
Section 26.208.010
K. To grant allotments of quota and make determinations of exemptions from the allocation
procedures of the growth management quota system pursuant to'Chapter 26.470;
L. To hear appeals from interpretations made by the planning director regarding the text of
this Title and the boundaries of the official zone district map, pursuant to Chapter 26.306;
M. To hear, review, and approve, approve with conditions, or disapprove a plat for
subdivision, after recommendation from the Planning and Zoning Commission pursuant to
Chapter 26.480;
N. To take such other actions not delegated to the Planning and Zoning Commission, the
Historic Preservation Commission, the Board of Adjustment, or the Director of the
Community Development Department, as the City Council may deem desirable and
necessary to implement the provisions of this Title.
City of Aspen Land Use Code Page - 27 Revised 10/01/99
Part 200 — Administration — Decision -Making Bodies Section 26.210.010
Chapter 26.210
DECISIONMAKING ADMINISTRATIVE BODIES --COMMUNITY DEVELOPMENT
DEPARTMENT
Sections:
26.210.010 Purpose.
26.210.020 Director of Community Development Department.
26.210.030 Chief Building Official.
26.210.010 Purpose.
The Community Development Department shall perform the planning functions for the City
of Aspen, shall provide technical support and guidance for action on development applications, and
shall review and perform such other functions as may be requested by the City Council or other
decision making bodies as set forth in this Title.
26.210.020 Director of Community Development Department.
A. Creation and Appointment. The Community Development Director shall be the agency
head of the Community Development Department and shall be appointed by and serve at
the pleasure of the City Manager.
B. Jurisdiction, Authority and Duties. In addition to the jurisdiction, authority and duties
which may be conferred upon the Community Development Department Director by other
provisions of the Municipal Code of the City of Aspen, Colorado, the Community
Development Department Director shall have the following jurisdiction, authority and
duties:
1. To serve as staff to the City Council, to provide such body with planning and technical
assistance and to inform such body of all facts and information available with respect to
development applications or any other matters brought before it;
2. To serve as staff to the Planning and Zoning Commission, to provide such body with
planning and technical assistance and to inform such body of all facts and information
available with respect to development applications or any other matters brought before
it;
3. To serve as staff to the Historic Preservation Commission, to provide such body with
planning and technical assistance, to inform such body of all facts and information
available with respect to development applications or any other matters brought before
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Part 200 — Administration — Decision -Making Bodies
Section 26.210.030
it and to inform such body regarding historic preservation items being heard by other
city boards in advance of those hearings;
4. To serve as staff to the Board of Adjustment and other decision making bodies
established by this Title and to inform such bodies of all facts and information available
with respect to development applications or any other matters brought before it;
5. To render interpretations of this Title or the boundaries of the official zone district map
pursuant to Chapter 26.306;
6. To enforce any provision of this Title or any other provision of the Municipal Code of
the City of Aspen;
7. To establish such rules of procedure necessary for the administration of the Community
Development Department Director's responsibilities;
8. To exempt development within a H, Historic Overlay District in accordance with
Chapter 26.415;
9. To approve minor modifications to a development order for development or demolition
within a H, Historic Overlay District in accordance with Chapter 26.415;
10. To exempt development in an environmentally sensitive area (ESA) in accordance with
Chapter 26.435;
11. To exempt development which is subject to special review in accordance with Chapter
26.430;
12. To exempt development from the provisions of GMQS in accordance with Chapter
26.470; and
13. To undertake all other general comprehensive planning responsibilities.
26.210.030 Chief Building Official.
A. Creation and Appointment. The Chief Building Official shall be appointed by and serve at
the pleasure of the Community Development Department Director.
B. Jurisdiction, Authority and Duties. In addition to the jurisdiction, authority and duties
which may be conferred on the Chief Building Official by other provisions of the
Municipal Code of the City of Aspen, Colorado, the Chief Building Official shall have the
following jurisdiction, authority and duties:
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Part 200 — Administration — Decision -Making Bodies Section 26.210.030
1. To issue and revoke building permits in accordance with the procedures of this Title;
2. To issue and revoke certificates of occupancy in accordance with the procedures of this
Title;
3. To enforce the provisions of this Title;
4. To advise applicants that additional federal or state permits may be required, and if
specific federal or state permits are known to have been issued, to require that copies of
such permits be obtained and provided and maintained on file with the application for
building permit; and
5. To provide the City Council, the Planning and Zoning Commission, the Board of
Adjustment, and the Historic Preservation Commission, and -other decision making
bodies established by this Title with reports and recommendations with respect to
matters before such bodies, as directed by the City Council, the Community
Development Department Director, or the City Manager.
City of Aspen Land Use Code Page - 30 Revised 10/01/99
Part 200 — Administration — Decision -Making Bodies
Section 26.212.010
Chapter 26.212
PLANNING AND ZONING COMMISSION
Sections:
26.212.010
Powers and duties.
26.212.020
Qualifications for membership.
26.212.030
Membership: appointment, removal, terms and vacancies.
26.212.040
Staff.
26.212.050
Quorum and necessary vote.
26.212.060
Meetings, hearings and procedure.
26.212.010 Powers and duties.
In addition to any authority granted the Planning and Zoning Commission (hcreinafter
"commission") by state law or the Municipal Code of the City of Aspen, Colorado, the commission
shall have the following powers and duties:
A. To initiate amendments to the text of this title, pursuant to Chapter 26.310;
B. To review and make recommendations of approval or disapproval of amendments to the
text of this title, pursuant to Chapter 26.310;
C. To initiate amendments to the official zone district map, pursuant to Chapter 26.310;
D. To review and make recommendations of approval, approval with conditions, or
disapproval to the City Council in regard to amendments of the official zone district map,
pursuant to Chapter 26.310;
E. To review and make recommendations of approval, approval with conditions, or
disapproval to the City Council on a conceptual development plan and final development
plan for planned unit development (PUD), pursuant to Chapter 26.445;
F. To review and make recommendations of approval, approval with conditions, or
disapproval to the City Council on adoption of a conceptual development plan and final
development plan or specially planned areas (SPA), pursuant to Chapter 26.440;
G. To hear and make recommendations of approval, approval with conditions, or disapproval
of the designation of an H, Historic Overlay District or historic landmark to the City
Council, pursuant to Chapter 26.420;
H. To review, score, and recommend allotments for residential, office and commercial, and
lodge pursuant to growth management quota system (GMQS), pursuant to Chapter 26.470;
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Part 200 — Administration — Decision -Making Bodies
Section 26.212.020
I. To make determinations of exemptions from the growth management quota system
(GMQS), pursuant to Chapter 26.470;
I To hear, review and recommend approval, approval with conditions, or disapproval of a
plat for subdivision, pursuant to Chapter 26.480;
K. To hear and approve, approve with conditions, or disapprove conditional uses pursuant to
Chapter 26.425;
L. To hear and approve, approve with conditions, or disapprove development subject to
special review, pursuant to Chapter 26.430;
M. To hear and approve, approve with conditions, or disapprove development in
environmentally sensitive areas (ESA), pursuant to Chapter 26.435;
N. To make its special knowledge and expertise available upon reasonable written request and
authorization of the City Council to any official, department, board commission or agency
of the City of Aspen, Pitkin County, State of Colorado, or the federal government; and
O. To adopt such rules of procedure necessary for the administration of its responsibilities not
inconsistent with this title.
26.212.020 Qualifications for membership.
Members of the commission shall be qualified electors in the City of Aspen and have been
residents of the city for at least two (2) years prior to appointment. No member of the City Council,
the Mayor, -a city employee or any appointed city official shall serve on the commission. In the event
that any member is no longer a qualified elector or is convicted of a felony or an offense involving
moral turpitude while in office, the City Council shall terminate the appointment of such person as a
member of the commission.
26.212.030 Membership: appointment, removal, terms and vacancies.
A. The commission shall be composed of seven (7) members and shall be appointed by the
City Council. The City Council shall also appoint one alternate member to the commission
for a term of two (2) years. The alternate member shall vote only in the absence of one or
more regular members. When a regular member resigns, the alternate member shall
automatically be appointed as a regular member in replacement.
B. All members serve at the pleasure of the City Council and may be removed for cause prior
to the expiration of their appointment by a majority vote of the City Council. Members
shall be compensated as determined by the City Council.
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Part 200 — Administration — Decision -Making Bodies
Section 26.216.010
C. All members shall serve a term of four (4) years. There shall be no restraint on the number
of terms any member of the commission may serve.
D. When a member or alternate member is appointed to fill out the term of a departing
member or alternate member, that person's term shall end at the time the departing person's
term would have ended.
E. At the second regular meeting in June, the members of the commission shall elect one of
their members as chairperson and one as vice -chairperson. In the absence of the
chairperson, the vice -chairperson shall act as chairperson and shall have all powers of the
chairperson. The chairperson shall be elected for one year and shall be eligible for re-
election.
F. The chairperson of any meeting of the commission shall administer oaths, shall be in
charge of all proceedings before the commission, and shall take such action as shall be
necessary to preserve order and the integrity of all proceedings before the commission.
G. The secretary of the commission shall be the city clerk or the city clerk's designee. The
secretary shall keep the minutes, shall mail notices of regular meetings and special
meetings, and shall maintain the files of all studies, plans, reports, recommendations and
development decisions by the commission.
H. Any member of the commission who has four (4) or more absences from regular meetings
during the calendar year may be subject to removal by the City Council.
26.212.040 Staff.
The planning and development agency shall be the professional staff of the commission.
26.212.050 Quorum and necessary vote.
No meeting of the commission may be called to order, without a quorum consisting of at least
four (4) members of the commission being present. No meeting at which less than a quorum shall be
present shall conduct any business other than to continue the agenda items to a date certain. All
actions shall require the concurring vote of a simple majority of the members of the commission then
present and voting.
26.212.060 Meetings, hearings and procedure.
A. Regular meetings of the commission shall be held on the first and third Tuesday of each
month. Special meetings may be called by the Mayor, the chairman of the commission, a
majority of the members of the commission, or a majority of the City Council.
B. All meetings and hearings of the commission shall be open to the public.
C. Public hearings shall be set for a date and time certain.
City of Aspen Land Use Code Page - 33 Revised 10/01/99
Part 200 — Administration — Decision -Making Bodies Section 26.216.010
Chapter 26.216
DECISIONMAKING ADMINISTRATIVE BODIES --BOARD OF ADJUSTMENT
Sections:
26.216.010
Powers and duties.
26.216.020
Qualifications for membership.
26.216.030
Membership: appointment, removal, terms and vacancies.
26.216.040
Staff.
26.216.050
Quorum and necessary vote.
26.216.060
Meetings, hearings and procedure.
26.216.010 Powers and duties.
In addition to any authority granted the Board of Adjustment by state law or the Municipal
Code of the City of Aspen, Colorado, the Board of Adjustment shall have the following powers and
duties:
A. To hear, review and approve variances to the terms of these regulations, pursuant to
Chapter 26.314;
B. To hear and decide appeals from the denial of variance applications by the Planning and
Zoning Commission or the Historic Preservation Commission;
C. To hear and decide appeals from, and review any order, requirement, decision, or
determination made by, any administrative official charged with the enforcement of this
Title, pursuant to Chapter 26.316, except for appeals of interpretation of the text of this
Title or the boundaries of the zone district map which shall be heard and decided by the
City Council, and, except as otherwise specifically provided in this Title.
26.216.020 Qualifications for membership.
Members of the Board of Adjustment shall be qualified electors in the City of Aspen and
residents of the city for two (2) years prior to appointment. In the event that any member is no longer
a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office,
the City Council shall terminate the appointment of such person as a member of the Board of
Adjustment.
City of Aspen Land Use Code Page - 34 Revised 10/01/99
Part 200 — Administration — Decision -Making Bodies Section 26.216.030
26.216.030 Membership: appointment, removal, terms and vacancies.
A. The Board of Adjustment shall be composed of five (5) members and two (2) alternate
members who shall hold office for a term of four (4) years. When . appointed, the City
Council shall designate the alternate members as the first or second alternate. There shall
be no restraint on the number of terms any member may serve. An alternate member shall
attend all meetings and shall be allowed to vote in the absence of regular members
according to their priority (the first alternate shall fill the first vacancy and both alternates
shall vote in the absence of two (2) regular members of the Board of Adjustment). When a
regular member resigns, the first alternate shall automatically be designated as a regular
member in replacement and the second alternate shall automatically be designated as the
first alternate.
B. Members shall serve in accordance with the laws of Colorado and may be removed before
the expiration of their appointment for cause by a majority vote of the City Council.
C. At an annual organizational meeting, the members of the Board of Adjustment shall elect
one of their members as chairperson and one as vice -chairperson. In the absence of the
chairperson, the vice -chairperson shall act as chairperson and shall have all powers of the
chairperson. The chairperson shall be elected for one year and shall be eligible for
reelection.
D. The chairperson of the Board of Adjustment shall administer oaths, shall be in charge of all
proceedings before the Board of Adjustment, shall decide all points of order on procedure,
and shall take such action as shall be necessary to preserve the order and the integrity of all
proceedings before the Board of Adjustment.
E. The secretary of the Board of Adjustment shall be the City Clerk or the City Clerk's
designee. The secretary shall keep the minutes, shall mail notices of regular and special
meetings, and shall maintain the files of all reports and actions of the Board of Adjustment.
F. Any member who has four (4) or more unexcused absences from regular meetings during
the calendar year may be subject to removal by the City Council.
26.216.040 Staff.
The Community Development Department shall be the professional staff of the Board of
Adjustment.
26.216.050 Quorum and necessary vote.
No meeting of the Board of Adjustment shall be called to order, without a quorum consisting
of at least four (4) members of the Board of Adjustment being present. No meeting at which less than
a quorum shall be present shall conduct any business other than to continue the agenda items to a date
certain.
The concurring vote of four (4) members of the Board of Adjustment then present and voting
shall be required to decide any appeal, reverse any order, requirement, decision or determination
City of Aspen Land Use Code Page - 35 Revised 10/01/99
Part 200 — Administration — Decision -Making Bodies
Section 26.216.060
made by an administrative official charged with the enforcement of this Title or to approve any
variance to the terms of these regulations. All other actions shall require the concurring vote of a
simple majority of the members of the board then present and voting.
26.216.060 Meetings, hearings and procedure.
A. Regular meetings of the Board of Adjustment shall be held as required. Special meetings
may be called by the chairperson, the vice -chairperson when the chairperson is absent, or in
writing by three (3) members of the Board of Adjustment.
B. All meetings and hearings of the Board of Adjustment shall be open to the public.
C. Public hearings shall be set for a date and time certain.
City of Aspen land Use Code Page - 36 Revised 01/01/98
Part 200 — Administration — Decision -Making Bodies Section 26.220.010
Chapter 26.220
DECISIONMAKING ADMINISTRATIVE BODIES --HISTORIC PRESERVATION
COMMISSION (HPC)
Sections:
26.220.010
Purpose.
26.220.020
Powers and duties.
26.220.030
Qualification for membership.
26.220.040
Membership; appointment, removal, terms and vacancies.
26.220.050
Staff.
26.220.060
Quorum and necessary vote.
26.220.070
Meetings, hearing and procedure.
26.220.080
Committees and project monitoring.
26.220.010 Purpose.
The purpose of the Historic Preservation Commission is to recognize, protect and promote the
retention and use of landmarks and landmark districts in the city and to promote awareness of Aspen's
unique heritage. In addition, the Historic Preservation Commission's purpose is to:
A. Ensure the preservation of Aspen's character as a historic mining town because of its
importance to the economic viability of the community as an international ski resort and
cultural center;
B. Promote the cultural, educational and economic welfare of Asper! through the preservation
of historic structures and areas and the preservation of the historic character of the
community;
C. Encourage productive and economically attractive uses of historic structures;
D. Support the implementation of the Aspen Area Community Plan, Historic Preservation
Element.
26.220.020 Powers and duties.
The Historic Preservation Commission (HPC) shall have the following powers and duties:
A. Recommendation of approval or disapproval to the Planning and Zoning Commission and
the City Council of the designation of H, Historic Overlay District or Historic Landmark,
pursuant to Chapter 26.420;
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Section 26.220.030
B. Review and approval, approval with conditions, suspension or disapproval of development
with the H, Historic Overlay District or development involving a historic landmark,
pursuant to Chapter 26.415;
C. Review and approval, approval with conditions, suspension or disapproval of demolition,
partial demolition, on -site, off -site, or temporary relocation involving a historic landmark
or demolition, partial demolition or relocation of any structure included on the Inventory of
Historic Sites and Structures of the City of Aspen, as periodically amended pursuant to
Chapter 26.415;
D. Periodic evaluation of the Inventory of Historic Sites and Structures, pursuant to Chapter
26.420;
E. Recommendation of approval, approval with conditions, or disapproval to the Board of
Adjustment on a request for variance in the H, Historic Overlay District or involving a
historic landmark, pursuant to Chapter 26.415;
F. Recommendation of the City Council of Historic District and Historic Landmark
Development Guidelines, pursuant to Chapter 26.420;
G. Recommendation to the Planning and Zoning Commission to initiate amendments to this
Chapter;
H. To hear and approve, approve with conditions, or disapprove variations pursuant to
Chapter 26.415; and
I. To grant variances from the provisions of this Title when a consolidated application is
presented to the Historic Preservation Commission for review and approval pursuant to
Chapter 26.314.
26.220.030 Qualification for membership.
Members of the Historic Preservation Commission shall be qualified electors in Aspen and
residents for two (2) years prior to appointment.
26.220.040 Membership; appointment, removal, terms and vacancies.
A. The Historic Preservation Commission shall be composed of seven (7) members and three
(3) alternate members, and shall be appointed by the City Council. Nominations for
membership shall be presented to the City Council by the Aspen Historical Society, the
community -at -large, and through personal application. Each member shall hold office for a
term of three (3) years. Alternate members shall attend all meetings and shall be allowed to
vote in the absence of a regular member. There shall be no restriction on the number of
terms any member may serve, however an application must be submitted for each
additional term, which must be approved by City Council. When a regular member resigns,
the alternate member with the most seniority on Historic Preservation Commission shall
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Section 26.220.030
automatically be appointed by the chairman in replacement at the next regular meeting, and
shall serve out the existing member's term.
B. The Historic Preservation Commission shall be composed of both professional and lay
members, all of whom have demonstrated interest, knowledge, or training in fields closely
related to historic preservation, such as history, architecture, landscape architecture,
architectural history, archaeology, planning, or other historic preservation related
disciplines such as the building trades, cultural geography, cultural anthropology, real
estate or law. Information on the credentials of the commission members must be kept on
file and available to the public.
C. At least three (3) members shall be professionals in preservation related disciplines such as
architecture, architectural history, archaeology, history, planning or other historic
preservation related disciplines such as urban planning, American studies, American
civilization, cultural geography or cultural anthropology. If the professionals are not
available in the community, and if it can be demonstrated that a good faith effort was made
to locate and appoint such professionals, this requirement can be waived, provided that Lhe
Historic Preservation Commission is capable of carrying out the responsibilities assigned
to it.
D. When the discipline of architecture, history, architectural history or archaeology is not
represented in the Historic Preservation Commission membership, the Historic
Preservation Commission shall seek additional expertise in the appropriate areas when
considering National Register nominations and any other delegated actions that will effect
that discipline.
E. Members shall serve in accordance with the laws of Colorado and may be removed before
the expiration of their appointment by a majority vote of the City Council. In the event that
any member is no longer a qualified elector or is convicted of a felony or an offense
involving moral turpitude while in office, the City Council shall terminate the appointment
of such person as a member of the Historic Preservation Commission.
F. Members shall serve without compensation.
G. At the first regular meeting in August, the members of the Historic Preservation
Commission shall elect one (1) of their members as chairperson and one (1) as vice -
chairperson. In the absence of the chairperson, the vice -chairperson shall act as chairperson
and shall have all powers of the chairperson. The chairperson shall be elected for one (1)
year and shall be eligible for re-election.
H. The chairperson of the Historic Preservation Commission shall administer oaths, be in
charge of all proceedings before the Historic Preservation Commission, decide all points of
order on procedure, transmit reports and recommendations of the Historic Preservation
Commission and take such action as shall be necessary to preserve order and the integrity
of all proceedings before the Historic Preservation Commission.
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Part 200 — Administration — Decision -Making Bodies
Section 26.220.050
I. The secretary of the Historic Preservation Commission shall be the City Clerk or the City
Clerk's designee. The secretary shall keep the minutes, shall mail notices of regular
meetings to members no less than three (3) days in advance and for special meetings shall
either mail notice, serve personally or leave notice at a member's usual place of residence
no less than two (2) days in advance, and maintain the files of all studies, plans, reports and
recommendations made by the Historic Preservation Commission.
J. Any member of the Historic Preservation Commission who has six (6) or more absences
from regular meetings during the calendar year may be subject to removal by the City
Council. It shall be the responsibility of the secretary of the Historic Preservation
Commission to notify the chairman and City Council of such absences.
26.220.050 Staff.
The Community Development Department shall be the professional staff of the Historic
Preservation Commission. A representative of the Community Development Department shall be
available at all meetings to provide advice to the Historic Preservation Commission.
26.220.060 Quorum and necessary vote.
No meeting of the Historic Preservation Commission shall be called to order without a
quorum consisting of at least four (4) members being present. No meeting at which less than a
quorum shall be present shall conduct any business other than to continue the agenda items to a date
certain. All actions shall require the concurring vote of a simple majority of the members of the
Historic Preservation Commission then present and voting.
26.220.070 Meetings, hearing and procedure.
A. Regular meeting of the Historic Preservation Commission shall be held on the second and
fourth Wednesdays of each month. Special meetings may be called by the chairman or a
majority of members.
B. All meetings and hearings of the Historic Preservation Commission shall be open to the
public.
C. Public hearings shall be set for a date and time certain.
26.220.080 Committees and project monitoring.
A. The Historic Preservation Commission may establish such committees as it deems
advisable and assign each committee specific duties or functions.
B. The chairman may designate the members of each committee and may name the chairman
of each committee. The chairman may fill vacancies on committees as they are created.
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Section 26.220.050
C. Each development project shall have a Historic Preservation Commission member
assigned to it as a "project monitor." The duties of the monitor are to report at each meeting
on the progress of the assigned project, keep current on the project's status through staff
and the applicant, and be available to confer with staff and the applicant on the project, if
necessary.
D. Time during "communications" in each meeting will be dedicated to project monitoring
reports.
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Part 200 — Administration — Decision -Making Bodies
Section 26.222.010
Chapter 26.222
DESIGN REVIEW APPEAL COMMITTEE
Sections:
26.222.010
Purpose.
26.222.020
Powers and duties.
26.222.030
Qualifications for membership.
26.222.040
Membership: appointment, removal, terms and vacancies.
26.222.050
Staff.
26.222.060
Quorum and necessary vote.
26.222.070
Meetings, hearings and procedure.
26.222.010 Purpose.
The Design Review Appeal Committee shall review, at a regular meeting, any appeal of the
Residential Design Standards. Any appeal for exemption from the Residential Design Standards
should simply and succinctly identify why, if granted, the exception would: (1) yield greater
compliance with the goals of the Aspen Area Community Plan, and (2) more effectively address the
issue or problem a given standard or provision responds to, or be clearly necessary for reasons of
fairness related to unusual site specific constraints.
26.222.020 Powers and duties.
The Design Review Appeal Committee shall have the following powers and duties:
A. The hear, review and approve variances to the Residential Design Guidelines, pursuant to
Chapter 26.410;
B. To hear and decide appeals from, and review any order, requirement, decision, or
determination made by, any administrative official charged with the enforcement of
Chapter 26.410, including appeals of interpretation of the text of the Residential Design
Standards. The Design Review Appeal Committee may only grant relief from the
Residential Design Standards. A variance from the Residential Design Standards does not
grant an approval to vary other standards of this Chapter that may be provided by another
decision making administrative body.
26.222.030 Qualifications for membership.
Members of the Design Review Appeal Committee shall be qualified electors in the City of
Aspen and residents of the city for two (2) years prior to appointment. In the event that any member is
no longer a qualified elector, the City Council shall terminate the appointment of such a person as a
member of the Design Review Appeal Committee.
City of Aspen Land Use Code Page - 42 Revised 01/01/98
Part 200 — Administration — Decision -Making Bodies Section 26.222.060
26.222.040 Membership: appointment, removal, terms and vacancies.
A. The Design Review Appeal Committee shall be composed of five (5) members and one (1)
alternate member who shall be appointed by the City Council. Three (3) members from the
Historic Preservation Commission and two (2) members, plus the alternate shall be
selected from the Planning and Zoning Commission. There shall be no restraint on the
number of terms any member may serve. An alternate member shall attend all meetings
and shall be allowed to vote in the absence of regular members. When a regular member
resigns, the alternate shall automatically be designated as a regular member in replacement.
B. Members shall serve in accordance with the laws of Colorado and may be removed before
the expiration of their appointment by a majority vote of the City Council.
C. At an annual organizational meeting, to be held in August of each year, the members of the
board shall elect one (1) of their members as chairperson and one (1) as vice -chairperson.
The chairperson shall be elected for one (1) year and shall be eligible for reelection.
D. The chairperson of the Design Review Appeal Committee shall administer oaths, shall be
in charge of all proceedings before the Committee, shall decide all points of order on
procedure, and shall take such action as shall be necessary to preserve the order and
integrity of all proceedings before the Committee.
E. The secretary of the Design Review Appeal Committee shall be the City Clerk or the City
Clerk's designee. The secretary shall keep the minutes, and maintain the files of all reports
and actions of the Committee.
F. Any member who has four (4) or more unexcused absences from regular meetings during
the calendar year may be subject to removal by the City Council.
26.222.050 Staff.
The CommLinity Development Department shall be the professional staff of the Design
Review Appeal Committee.
26.222.060 Quorum and necessary vote.
A. No meeting of the Design Review Appeal Committee shall be called to order, without a
quorum consisting of at least three (3) members of the Committee being present. No
meeting at which less than a quorum shall be present shall conduct any business other than
to continue the agenda items to a date certain.
B. The concurring vote of three (3) members of the Design Review Appeal Committee then
present and voting shall be required to decide any appeal, reverse any order, requirement,
decision or determination made by an administrative official charged with the enforcement
of the Residential Design Standards or to approve any variance to the Residential Design
City of Aspen Land Use Code Page - 43 Revised 01/01/98
Part 200 — Administration — Decision -Making Bodies
Section 26.222.060
Standards. All other actions shall require the concurring vote of a simple majority of the
members of the Committee then present and voting.
26.222.070 Meetings, hearings and procedure.
A. Meetings of the Design Review Appeal Committee shall be held on the second Thursday of
each month when necessary. Special meetings may be called by the chairperson, the vice -
chairperson when the chairperson is absent, or in writing by three (3) members of the
Committee.
B. All meetings of the Design Review Appeal Committee shall be open to the public, and
project sites for specific appeals shall be required to post the property at least five (5) days
prior to the hearing before the Committee.
C. All applications for appeals to the Design Review Appeal Committee shall be accompanied
by a fee, as established from time to time by the City Council, to defray the cost of
processing the application.
City of Aspen Land Use Code Page - 44 Revised 01/01/98
Part 200 — Administration — Decision -Making Bodies
Section 26.226.010
Chapter 26.226
DECISIONMAKING ADMINISTRATIVE BODIES --GROWTH MANAGEMENT
COMMISSION
Sections:
26.226.010 Purpose.
26.226.020 Composition.
26.226.030 Staff.
26.226.040 Quorum.
26.226.050 Meetings, hearings and procedures.
26.226.010 Purpose.
The Growth Management Commission is established for the purpose of implementing the
Aspen Area Growth Management Quota System, and more specifically:
A. To implement the adopted philosophies and policies of the Aspen Area Community Plan;
B. To ensure orderly and efficient growth through the Aspen metro area;
C. To ensure that new growth and development is designed and constructed to maintain the
character and ambience of the Aspen metro area;
D. To ensure an adequate supply of housing, businesses and events that serve the local,
permanent community and the area's tourist base;
E. To review and score residential and tourist accommodations development applications in
accordance with the procedures and standards of Chapter 26.470; and
F. To ensure that growth does not over extend the community's ability to provide support
services, including, but not limited to, employee housing, traffic control and parking.
26.226.020 Composition.
The Growth Management Commission shall be comprised of all members of the Aspen
Planning and Zoning Commission and the Pitkin County Planning and Zoning Commission.
City of Aspen Lund Use Code Page - 45 Revised 01/01/98
Part 200 — Administration — Decision -Making Bodies
Section 26.226.030
26.226.030 Staff.
The community development office shall serve as the professional staff of the Growth
Management Commission.
26.226.040 Quorum.
A quorum of the Growth Management Commission shall be comprised of at least four (4)
members of the Aspen Planning and Zoning Commission and at least four (4) members of the Pitkin
County Planning and Zoning Commission. No meeting of the Growth Management Commission shall
be called to order without a quorum and no meeting at which less than a quorum is present shall
conduct any business other than to continue posted agenda items to a date certain. All actions shall
require the concurring vote of a simple majority of the members then present and voting.
26.226.050 Meetings, hearings and procedures.
Meetings of the Growth Management Commission shall be called as needed by the chair of
the Growth Management Commission or by a majority of its members. All meetings and hearings of
the Growth Management Commission shall be open to the public and set for a date and time certain.
City of Aspen Land Use Code Page - 46 Revised 01/01/98
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