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HomeMy WebLinkAboutPart 300.General Procedures and .Land Use Code.1999Part 300 — General Procedures and Regulations PART 300 PART 300 - GENERAL PROCEDURES AND REGULATIONS 26.304 COMMON DEVELOPMENT REVIEW PROCEDURES 26.304.010 General. 26.302.020 Pre -application conference. 26.304.030 Application and fees. 26.304.040 Initiation of development application. 26.304.050 Determination of completeness and review by the Community Development Director. 26.304.060 Review of a development application by decision -making bodies. 26.304.070 Development orders. 26.304.075 Building Permit. 26.306 INTERPRETATIONS OF TITLE 26.306.010 Interpretation. 26.308 VESTED PROPERTY RIGHTS 26.308.010 Vested Property rights. 26.310 AMENDMENTS TO THE LAND USE REGULATIONS AND OFFICIAL ZONE DISTRICT MAP 26.310.010 Purpose. 26.310.020 Standards of review. 26.310.030 Procedure for amendment. 26.310.040 Application. 26.310.050 Temporary suspension of building permits — Pending Ordinance. 26.310.060 Notation of planning and zoning commission resolution on official zone district map. 26.310.070 Recordation of designation. 26.310.080 Placement on city's official zone district map. 26.310.090 Time limitations. 26.312 NONCONFORMITIES 26.312.010 Purpose. 26.312.020 Nonconforming uses. 26.312.030 Nonconforming structures. 26.312.040 Nonconforming accessory uses and accessory structures. 26.312.050 Lodge and hotel preservation. 26.312.060 Nonconforming lots of record. 26.312.070 Lot reduction. City of Aspen Land Use Code Page - 47 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.304.010 26.314 VARIANCES 26.314.010 Purposes. 26.314.020 Authority. 26.314.030 Authorized variances. 26.314.040 Standards applicable to variances. 26.314.050 Procedure for variance approval. 26.314.060 Conditions. 26.314.070 Expiration. 26.314.080 Appeals. 26.316 APPEALS 26.316.010 Purpose. 26.316.020 Authority. 26.31 6.030 Appeal procedures. City of Aspen Land Use Code Page - 48 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.304.010 Chapter 26.304 COMMON DEVELOPMENT REVIEW PROCEDURES Sections: 26.304.010 General. 26.304.020 Pre -application conference. 26.304.030 Application and fees. 26.304.040 Initiation of application for development order. 26.304.050 Determination of completeness and review by the Community Development Director. 26.304.060 Review of a development application by decision -making bodies. 26.304.070 Development orders. 26.304.075 Building Permit. 26.304.010 General. This Chapter sets out the common procedures for review of all development applications, unless otherwise specifically stated. Generally, all proposed development shall be subject to the following six (6) step approval process. (1) A pre -application conference between the applicant and a staff member of the Community Development Department; (2) Submission of the development application and fees by the applicant; (3) Determination of completeness and review of the development application by the Community Development Director; (4) Review of the development application by the relevant decision -making body; (5) Receipt of a development order or certificate of zoning compliance; and (6) Receipt of a building permit. 26.304.020 Pre -application conference. A. General. Prior to the formal filing of a development application, unless waived by the Community Development Director, the applicant shall confer with a member of the staff of the Community Development Department to obtain information and guidance regarding the format and processing of the development application. The purpose of such a conference is to permit the applicant and the Community Development Department staff to review informally a proposed development and determine the most efficient method of development review before substantial commitments of time and money are made in the submission of an application. The Community Development Director may decide as part of the pre -application process to hold pre -application work sessions with decision making bodies if it is determined that such work sessions would provide the Community Development Department or the applicant with additional information or guidance necessary to the preparation or processing of an application for development. City of Aspen Land Use Code Page - 49 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.304.010 B. Issues of discussion. Issues that may be discussed at the pre -application conference may include, but are not limited to, the following: 1. Proposed development. The applicant should describe the general nature of the proposed development including, if applicable, proposed land uses and their densities; proposed placement of buildings, structures, and other improvements; character and location of common open space or treatment of public uses; preservation of natural features; preservation of historic structures and landmarks; protection of environmentally sensitive areas; proposed off-street parking and internal traffic circulation; and total ground coverage of paved areas and structures. 2. Review procedure. The Community Development Department staff member shall identify procedural review requirements for the proposed development and applicable review standards and terms of this Title that apply to the review of the proposed development. This should include identifying those stages of the common review procedure which apply, which decision -making body or bodies will review the development application, and the approximate length of the development review procedure. 3. Ref erral agencies. The Community Development Department staff member shall identify the city, state, and federal agencies that are required to review the proposed development, provide the applicant with persons at these agencies to contact about review procedures, and generally describe the information which will be needed to satisfy the concerns of the relevant city, state, and federal agencies. 4. Application contents. The Community Development Department staff member shall establish the contents of the development application required to be submitted for the proposed development. This should include descriptions of the types of reports and drawings required, the general form which the development application should take, and the information which should be contained within the application. 5. Application copies and fee. The Community Development Department staff member shall identify the number of copies of the development application that are required to be submitted for the proposed development, along with the amount of the fee needed to defray the cost of processing the application, and an estimate of the number of hours of staff review time associated with the fee. 6. Written summary. Following the conclusion of the conference, the applicant shall be presented with a written summary of the meeting. One copy of this written summary should be submitted back to the Community Development Department at the time of submission of the development application. City of Aspen Land Use Code Page - 50 Revised O1/01/99 Part 300 — General Procedures and Regulations Section 26.304.010 26.304.030 Application and fees. A. General. The requisite number of copies of the development applications shall be submitted to the Community Development Director containing all of the information and materials specified by the applicable Sections of this Title and such additional information or materials identified in the pre -application conference. The development application shall be accompanied by the applicable fee. (See Chapter 2.12 for schedule of fees.) B. Application. At a minimum, all development applications shall include the following information and materials. 1. Contained within a letter signed by the applicant, the applicant's name, address and telephone number, and the name, address, and telephone number of any representative authorized to act on behalf of the applicant. 2. The street address, legal description, and parcel identification number of the property proposed for development. 3. A disclosure of ownership of the parcel proposed for development, consisting of a current certificate from a Title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. 6. A site improvement survey certified by a registered land surveyor, licensed in the State of Colorado, showing the current status of the parcel including the current topography and vegetation. (This requirement, or any part thereof, may be waived by the Community Development Director if the project is determined not to warrant a survey document.) 7. A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application. 8. Additional materials, documentation, or reports as deemed necessary by the Community Development Director. C. Consolidation of applications. If an applicant has requested the consolidation of development applications, the Community Development Director may waive any overlapping application City of Aspen Land Use Code Page - 51 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.304.030 submission requirements in the consolidated development application. (See Section 26.304.060(B), Modification of Review Procedures). D. Copyrighted materials. The City of Aspen will not accept for development application or recordation purposes any materials to which copyright applications have been made unless the applicant shall waive all claims and indemnify the City. Any person submitting a development application shall consent that any document submitted to the City of Aspen as part of the development application may be utilized by the City in any manner deemed necessary, including, recording at the Pitkin County Clerk and Recorder, to preserve the representations made during the development review process. 26.304.040 Initiation of application for development order. An application for a development order may only be initiated by (1) a person or persons owning more than fifty percent (50%) of the property subject to the development application and proposed development; (2) the City Council or the Planning and Zoning Commission for the purpose of amending the text of this Chapter or the official zone district map (Chapter 26.310) or to designate a Specially Planned Area (SPA) (Chapter 26.440); and, (3) the City Council, Planning and Zoning Commission, or Historic Preservation Commission for the purpose of designating an (H), Historic Overlay District or historic landmark (Chapter 26.420). 26.304.050 Determination of completeness and review by the Community Development Director. A. Determination of completeness. After a development application has been received, the Community Development Director shall determine whether the application is complete. If the Community Development Director determines that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The Community Development Director shall take no further action on the application until the deficiencies are remedied. If the application is determined to be complete, the Community Development Director shall notify the applicant of its completeness. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Title and it shall not preclude a request for additional information or materials in the future to complete the review of the development application. Upon a determination of completeness, the applicant may be asked to submit additional copies of relevant documents as requested. B. Review and recommendation by Community Development Director. 1. Comments on application froni City staff. When the development application is determined complete by the Community Development Director, copies shall be distributed to appropriate City staff persons, departments and referral agencies. Any comments from the Department of Community Development and other referral agencies shall be returned to the Community Development Director prior to submitting a recommendation to the applicable decision -making body. City of Aspen Land Use Code Page - 52 Revised 01/O1/99 Part 300 — General Procedures and Regulations Section 26.304.040 2. Report and recommendation. The Community Development Director shall compile all comments and recommendations from appropriate City staff persons, departments, and referral agencies, and shall make a written report and recommendation to the appropriate decision -making body on the development application. The written report and recommendation shall state whether the application conforms to the review standards pertaining to the relevant development approval sought and whether it should be continued, approved, approved with conditions, or disapproved. The Community Development Director shall attach any referral agency comments to the report and recommendation. C. Setting the hearing. The Community Development Director shall establish a place and time certain for the hearing, if required, on the development application, pursuant to the requirements of this Title. If the hearing is a public hearing required to be noticed, the applicant or the Community Development Director shall cause public notice to be given pursuant to the procedure and requirements established in Section 26.304.060(E). 26.304.060 Review of a development application by decision -making bodies. A. Review Procedures and Standards. Specific development review procedures and standards for different types of development applications. are set forth in the relevant Chapters of this Title. They include the following: Permitted Uses: Chapter 26.404 Variances: Chapter 26.314 Residential Design Standards: Chapter 26.410 Development in an "H," Historic Overlay District or involving the inventory of historic sites and structures: Chapter 26.415 Historic Overlay District and Historic Landmarks: Chapter 26.420 Conditional Uses: Chapter 26.425 Special Review: Chapter 26.430 Development in Environmentally Sensitive Areas: Chapter 26.435 Specially Planned Areas (SPA): 26.440 Planned Unit Developments (PUD): Chapter 26.445 Temporary Uses: Chapter 26.450 Growth Management Quota System (GMQS): Chapter 26.470 Subdivision: Chapter 26.480 Amendments to Text and Zone District Map: Chapter 26.310 B. Modification of review procedures. 1. Combined reviews. The procedures for reviewing development plans and applications where more than one development approval is being sought simultaneously may be combined or modified whenever the Community Development Director determines, in consultation with the applicant, that such combination or modification would eliminate or reduce duplication and ensure economy of time, expense and clarity; provided, City of Aspen land Use Code Page - 48 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.304.060 however, that all public noticing normally associated with the subject development application(s) is maintained, and that a thorough and full review of the application and proposed development as otherwise required by this Title is achieved. 2. Sketch plan review. If the Community Development Director, in consultation with the applicant, determines that a proposed development application may be complex, have the potential for significant community interest, involves a public facility, or the proposed project would benefit from additional community input, the Community Development Director may schedule a joint meeting with the City Council and either the Planning and Zoning Commission, the Historic Preservation Commission, or both, for a sketch plan review. A sketch plan review may be held either before or after an application is submitted and determined to be sufficiently complete by the Director of the Community Development Department. If it is scheduled after an application is determined complete by the Community Development Director, the sketch plan review meeting shall be conducted prior to any other land use review proceeding required by this Code. A sketch plan review meeting shall be noticed by publication, mailing and posting, (See Section 26.304.060(E)(3)), and the joint meeting shall be conducted as a public meeting. The minutes of the joint meeting shall become part of the formal record of the proceedings before the City Council and the decision -making body which has been invited to attend the joint meeting with the City Council. A quorum of the City Council shall not be required to conduct a sketch plan review hearing. The Community Development Director may invite particular members of the public (stakeholders) to attend and participate in the sketch plan review hearing. At the conclusion of the public meeting, the members of the City Council, decision -making body invited to attend the joint meeting, and stakeholders (if invited to attend) may offer the applicant advisory suggestions regarding the proposed application, but shall not make any decisions regarding the application for development. Applicants shall not be entitled to rely upon any decisions, comments, or suggestions made by the members of the joint public meeting as no attempt shall be made to approve a development proposal even on a conceptual level at a sketch plan review. C. General hearing procedures. The following general procedures shall apply to the conduct of all hearings regarding the review of a development application by decision -making bodies. 1. Oath or afflnnation. The chairperson of the decision -making body or the Mayor may require that testimony and evidence shall be given under oath or by affirmation to the body conducting the hearing. 2. Rights of all persons. Any person may appear at a public hearing and submit evidence either individually or as a representative of another person or an organization. The chairperson of the decision -making body or the Mayor may require anyone representing another person or an organization to present written evidence of their authority to speak on behalf of the person or the organization in regard to the matter under consideration. Each person who appears at a public hearing shall be identified and, if appearing on City of Aspen Land Use Code Page - 54 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.304.060 behalf of another person or an organization, state the name and mailing address of the person or the organization. 3. Due order of proceedings. The decision -making body conducting the hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. The order of proceedings shall be as follows: a. The Community Development Director shall present a narrative and/or graphic description of the development application. b. The Community Development Director shall present a written and oral recommendation. This recommendation shall address each factor required to be considered by this Title and the Aspen Area Community Plan prior to development approval and shall be made available to the applicant and to the decision -making body at least two (2) working days prior to the hearing. c. The applicant shall have the burden to demonstrate that the application and proposed development comply with all applicable provisions of this Title and the Community Plan, and to present all information deemed necessary and appropriate to evaluate the development proposal. The applicant must also demonstrate, through an affidavit, that all required public notice regarding the application review process was timely given in accordance with this Title. d. The Community Development Director may respond to any statement made by the applicant or any public comment. e. The applicant may respond to any testimony or evidence presented by the Community Development Director or public. 4. 'Testimony. In the event any testimony or evidence is excluded as irrelevant, immaterial or unduly repetitious, the person offering such testimony or evidence shall have an opportunity to make a proffer in regard to such testimony or evidence for the record. Such proffer shall be made prior to the conclusion of the hearing. 5. Continuance of hearing. The decision -making body conducting the hearing may, on its own motion or at the request of any person, continue the hearing to a fixed date, time and place. Assuming valid notice was properly given in the first instance, no second or new notice shall be required where a hearing is continued. An applicant shall have the right to request and be granted one continuance; however, all subsequent continuances shall be granted at the discretion of the decision -making body conducting the hearing, only upon good cause shown. Where a public hearing has been adjourned, the hearing may only be reconvened upon the giving of all notice(s) as would be required for an initial public hearing. City of Aspen Land Use Code Page - 55 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.304.060 6. Other rules to govern. Other matters pertaining to the public hearing shall be governed by other provisions of the Municipal Code of the City of Aspen, Colorado, applicable to the decision -making body conducting the hearing and its adopted rules of procedure, so long as the same are not in conflict with this Title. The City's decision -making bodies may adopt rules of procedure to limit the number of development applications which may be considered at a hearing. 7. Record. a. Records of hearing. All hearings shall be recorded by audio -tape or other similar recording device. A copy of the audio tape of a hearing shall be provided upon the request of any person and the payment of a fee covering the reasonable cost thereof. b. Record. The 'transcript of oral proceedings, including testimony and statements of personal opinions, the minutes of the secretary, all applications, exhibits and papers submitted in any proceeding before the decision -making body, the report and recommendation of the Community Development Director, and the decision and report of the decision -making body shall constitute the record. D. Actions by decision -making bodies. All decision -making bodies shall act in accord with the time limits established in this Title. Action shall be taken as promptly as possible in consideration of the interests of the citizens of the City of Aspen. Depending upon which decision -making body has final approval authority over a given development application, a site specific development plan may only be approved by written resolution of the Planning and Zoning Commission or Historic Preservation Commission, or by ordinance adopted by the City Council. Any land use approval which places any burden upon or limits the use of private property shall be by ordinance. All resolutions and ordinances granting final approval for a site specific development plan shall: 1. Be preceded by a public hearing following public notice by publication (See Section 26.304.060(E)(3)(a), below); and 2. Include the following provisions: a. The rights granted by the approval of this site specific development plan shall remain vested for a period of three (3) years from the effective date of the approved development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by this Code within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). b. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not City of Aspen Land Use Code Page - 56 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.304.060 begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A) of this Chapter. C. Zoning that is not part of the approved site specific development plan shall not result in the creation of a vested property right. d. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. e. The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing by the City. E. Public notice. 1. General. Whenever a notice of a public hearing is required, notice shall be provided to the public, pursuant to the terms of this Section. 2. Content of notice. Every notice shall include the name and address of the applicant, the type of development application sought, date, time and place of the hearing, the address and legal description of the subject property if applicable, a summary of the development application under consideration, and identification of the decision -making body conducting the hearing and such other information as may be required to fully apprise the public of the nature of the application. I Manner of notice. Every notice shall be given in one or more of the following manners, as specified in this Title for each type of development: a. Publication of notice. Publication of notice shall be provided by the applicant or the Community Development Department at least fifteen (15) days prior to the public hearing through publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen. b. Posting of notice. Posting of notice shall be made by the applicant, who shall obtain a copy of the form from the Community Development Department. The notice shall be posted at least ten (10) days prior to the public hearing, by posting a sign in a conspicuous place on the property subject to the development application. The sign shall be made of suitable, waterproof materials, shall be not less than twenty-two City of Aspen land Use Code Page - 57 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.304.070 (22) inches wide and twenty-six (26) inches high, and shall be composed of letters not less than one inch in height. C. Mailing of notice. Mailing of notice shall be made by the applicant, who shall obtain a copy of the notice from the Community Development Department. The mailing shall contain that information described in Section 26.304.060(E)(2). At least ten (10) days prior to the public hearing, notice shall be sent by first class, postage prepaid U.S. mail, or hand delivered, to all owners of property within three hundred (300) feet of the property subject to the development application, and at least fifteen (15) days prior to the public hearing, notice shall be sent by first class, postage pre- paid U.S. mail or hand delivery to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. e. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change, shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 26.304.070 Development orders. A. Publication of development approval. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Title, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: [parcel address and legal description], by [ordinance or resolution] of the [City Council or other appropriate decision making body], numbered: [enter ordinance or resolution number]. City of Aspen Land Use Code Page - 58 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.304.070 B. Development order - issuance. Following the publication of the published notice as set forth at Section 26.304.070(A) above, the Community Development Director shall issue a written development order which shall contain, at a minimum, the following information: 1. The property owner's name, mailing address and telephone number. 2. The street address and legal description of the parcel. 3. A written description of the site specific plan. 4. Identification of the land use approvals received and the date of such approvals. A copy of the ordinance(s) or resolution(s) shall be attached. 5. The effective date of the development order. 6. A notice disclosing to the applicant the expiration date of the development order and the availability of a procedure for seeking an extension of the development order pursuant to Section 26.308.010(C). C. Effective date of the development order. The effective date of a development order including one which authorizes allotments under the Growth Management Quota System pursuant to Chapter 26.470, shall be the date of publication of the notice of the approval of the site specific development plan as set forth at Section 26.304.070(A). D. Expiration of development order. The development order and all associated vested property rights, including allotments received pursuant to Chapter 26.470, shall expire on the day after the third anniversary of the effective date of the development order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption from or extension of the approval is granted by the City Council. Subdivisions composed of detached residential or duplex units shall be eligible for exemption from these expiration provisions pursuant to Section 26.308.010(B). Developments of any type other than a subdivision composed of detached residential or duplex units shall be eligible for extension of these expiration provisions pursuant to Section 26.308.010(C). E. Revocation of development order. The approval of a site specific development plan and subsequent issuance of a development order may be made with or without conditions. Failure to fully abide by the terms of any of the conditions of approval may result in the revocation of the development order and all associated vested property rights in accordance with Section 26.308.010(D). F. Abandonment of application. If an applicant fails to pursue the approval of a site specific development plan in a timely fashion after filing an application for same, the application shall be considered abandoned. For purposes of this subsection, failure to pursue the approval of a site specific development plan in a timely fashion shall mean a failure on the part of the applicant to take any action with the Community Development Department in City of Aspen Land Use Code Page - 59 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.304.075 furtherance of the application for a period of at least one year. An abandoned application shall render all previously issued land use approvals which do not constitute the approval of a site specific development plan void unless the Community Development Director determines that reinstatement of the application is in the best interests of the City. 26.304.075 Building Permit. A. Application. 1. Recordation. Prior to the submission of an application for a building permit, all documents reflecting and memorializing final development approval for which a building permit is requested shall be recorded in the Pitkin County Clerk and Recorder's Office. Proof of such recording shall accompany the building permit application. Documents reflecting or memorializing final development approval shall include, but not be limited to, a final plat, a resolution or ordinance granting final development approval, a subdivision or other improvements agreement, a development agreement, and/or deed restrictions which may be required as a condition of development approval. 2. Contents. An application for a building permit shall be submitted to the Chief Building Official on a form prescribed by the Community Development Director. Attached to the application shall be a copy of the development order (if applicable), an improvements survey performed within one (1) year of the date of *application which the applicant shall certify represents current site conditions, and a topographic survey for the property certified by a registered land surveyor. The improvements survey shall include a site plan which conforms to the requirements set forth at Section 13.20.020(b)(2) for a tree removal permit. B. Processing. Upon receipt of a completed application, the Chief Building Official shall timely refer copies of same to the Community Development Department and such other appropriate City staff and/or departments and outside agencies for review and comments. The application shall be evaluated to determine whether the proposed development: 1. Complies with the Uniform Building Code and other applicable construction codes; 2. Complies with zoning requirements; 3. Requires, or has satisfied, environmental and utility permitting, including, but not limited to, water, sewerage, and tree removal; 4. Satisfies all conditions of approval as set forth in the development order. C. Certificate of development approval compliance. Upon the return and review of all referral comments to the Chief Building Official, the building permit application and all supporting documents shall be forwarded to the Community Development Director who shall determine whether the application and proposed development complies with the City of Aspen Land Use Code Page - 60 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.306.010 commitments, representations and conditions of any development approvals and/or order for the development, and with all other applicable requirements of this Title. If the Community Development Director determines that the application is not complete, does not comply with the requirements of this Title, or does not comply with the development approval(s) or order for the development, written notice shall be timely provided to the applicant specifying the deficiencies. No further action shall be taken on the application until all deficiencies are remedied by the applicant. If and when the applicant cures all deficiencies, the Community Development Director shall again determine compliance of the application and proposed development with all applicable regulations and with any development approval(s) and/or order for the development. If the Community Development Director finds compliance, then a certificate of development approval compliance shall issue, which certificate shall become part of the building permit application and be attached thereto. C. Issuance of Building Permit. Upon the receipt by the Chief Building Official of a certificate of development approval compliance, the Chief Building Official's determination that all application information is complete and satisfactory, and all outstanding fees are paid, a building permit shall issue. City of Aspen Land Use Code Page - 61 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.306.010 Chapter 26.306 INTERPRETATIONS OF TITLE 26.306.010 Interpretation. A. Authority. The Community Development Director shall have the authority to make all interpretations of the text of this Title and the boundaries of the zone district map. B. Initiation. An interpretation may be requested by any affected person, any resident or real property owner in the City of Aspen, or any person having a contractual interest in real property in the City of Aspen. C. Procedures. 1. Submission of request for interpretation. Before an interpretation shall be provided by the Community Development Director, a request for interpretation shall be submitted to the Community Development Director. 2. Determination of completeness. Within fifteen (15) days after a request for interpretation has been received, the Community Development Director shall determine whether the request is complete. If the Community Development Director determines the request is not complete, he shall serve a written notice on the applicant specifying the deficiencies. The Community Development Director shall take no further action on the request for interpretation until the deficiencies are remedied. 3. Rendering of interpretation. After the request for interpretation has been determined complete, the Community Development Director shall render an interpretation within fifteen (15) days. The Community Development Director may consult with the City Attorney and review this Title and the zone district map, whichever is applicable, before rendering an interpretation. D. Form. The interpretation shall be in writing and shall be sent to the applicant by certified mail. E. Official record. The Community Development Director shall maintain an official record of all interpretations in the Community Development Department, which shall be available for public inspection during normal business hours. F. Appeal. Any person who has made a request for interpretation may appeal the interpretation of the Community Development Director to the City Council in accordance with the appeal procedures set forth at Chapter 26.316. City of Aspen Land Use Code Page - 62 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.308.010 Chapter 26.308 VESTED PROPERTY RIGHTS 26.308.010 Vested property rights. A. Rights conferred. A development order creates and constitutes a vested property right, subject to expiration (See Section 26.304.070(D)), revocation (See Section 26.304.070(E)), and all rights of referendum and judicial review, which shall preclude any zoning or land use action by the City of Aspen or pursuant to an initiated measure which would alter, impair; prevent, diminish, or otherwise delay the development or use of the property as set forth in the development order, except: 1. With the consent of the applicant; 2. Upon the discovery of natural or manmade hazards on or in the immediate vicinity of the property, which hazards could not reasonably have been discovered at the time of this approval, and which hazards, if uncorrected, would pose a serious threat to the public health, safety and welfare; or 3. To the extent that compensation is paid as provided in Title 24, Article 68, C.R.S. B. Exemption from expiration of development order. 1. The City Council may by resolution at a public hearing noticed by publication (See Section 26.304.060(E)(3)(a)) approve an exemption of the expiration of a development order and associated vested rights in accordance with this Section. Subdivisions composed of detached residential or duplex units shall be eligible for exemption from the expiration provisions of Section 26.304.070(D). To obtain an exemption, an application for exemption shall be submitted at any time prior to the third anniversary of the effective date of the development order which shall demonstrate to the satisfaction of City Council that: a. Those conditions applied to the project at the time of its final approval that were to have been met as of the date of application for exemption have been complied with; and b. Any public or private improvements that were required to be installed by the applicant prior to construction of any dwelling unit have been installed. 2. An exemption from the expiration of a development order shall have no time limit. City of Aspen Iand Use Code Page - 63 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.308.010 C. Extension or Reinstatement of Vested Rights. The City Council may by resolution at a public hearing noticed by publication (See Section 26.304.060(E)(3)(a)) approve an extension or reinstatement of an expired or revoked development order and associated vested rights in accordance with this Section. 1. In reviewing a request for the extension or reinstatement of a development order and associated vested rights, the City Council shall consider, but not be limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; C. The nature and extent of any benefits already received by the City as a result of project approval such as impact fees or land dedications; d. The needs of the City and the applicant that would be served by approval of the extension or reinstatement request. 2. An extension or reinstatement may be in the form of a written agreement duly authorized and executed by the applicant and the City. Reasonable conditions may be imposed by the City Council including, but not limited to, compliance with any amendments to this title adopted subsequent to the effective date of the development order. 3. If the request is for reinstatement of a revoked development order, the City Council shall determine the financial impacts of the investigation and may require the applicant to pay the reasonable costs of investigation, enforcement and reporting by City staff. D. Revocation. The City Council may by resolution at a public hearing noticed by publication and mailing to the applicant (See Section 26.304.060(E)(3)) revoke a development order and associated vested rights upon a finding that: 1. The terms and conditions of the development order have not been met; or 2. The development order is void within the meaning of Section 26.104.050. City of Aspen Land Use Code Page - 64 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.310.010 Chapter 26.310 AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP Sections: 26.310.010 Purpose. 26.310.020 Procedure for amendment. 26.310.030 Application. 26.310.040 Standards of review. 26.310.050 Temporary suspension of building permits. 26.310.060 Notation of Planning and Zoning Commission resolution on official zone district map. 26.310.070 Recordation of designation. 26.310.080 Placement on city's official zone district map. 26.310.090 Time limitations. 26.310.010 Purpose. The purpose of this Chapter is to provide a means for amending the text of this Title and the official zone district map. It is not intended to relieve particular hardships or confer special privileges or rights on any person. 26.310.020 Procedure for amendment. A. General An application for amendments to the Land Use Code or the official zone district map may be initiated by the persons and decision -making bodies identified in Section 26.304.040, and shall be processed in accordance with the Common Development Review Procedures set forth at Chapter 26.304. B. Steps Required. Unless initiated by the City Council in accordance with subsection C below, two steps are required: (a) a public hearing before the Planning and Zoning Commission, and (b) a public hearing before the City Council. 1. Step One - Public Hearing before Planning and Zoning Commission. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements: Publication. (See 26.304.060(E)(3)(a)). 2. Step Two - Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. City of Aspen Land Use Code Page - 65 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.310.030 b. Notice requirements: None, except requisite notice requirements for adoption of an ordinance by City Council. C. Emergency amendments to Land Use Code by City Council. Notwithstanding the procedures for review set forth above, and consistent with the authority of the City Council to adopt emergency ordinances pursuant to Section 4.11 of the City Charter, for the preservation of public property, health, peace, or safety, the City Council may amend this Title in accordance with the procedures set forth at Section 4.11 of the City Charter (Emergency ordinances.) 26.310.030 Application. The development application for amendment to the text of this Title or amendment to the official zone district map shall include: A. The general application information required in Section 26.304.030. B. If the application requests an amendment to the text of this Title, the precise wording of any proposed amendment. C. If the application requests an amendment to the official zone district map: 1. The present zone district classification and existing land uses of the real property proposed to be amended. 2. The area of the property proposed to be amended, stated in square feet .or acres, or a major fraction thereof. 3. An accurate survey map of the real property proposed for amendment. 26.310.040 Standards of review. In reviewing an amendment to the text of this Title or an amendment to the official zone district map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. City of Aspen Land Use Code Page - 66 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.310.070 E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. 26.310.050 Temporary suspension of building permits — Pending Ordinance. A. Whenever the Planning and Zoning Commission adopts a resolution recommending to the City Council an amendment to the text of this Title or the official zone district map, or the City Council pursuant to Section 26.310.030(D) passes a proposed ordinance on first reading, whichever shall occur first, the proposed ordinance shall be considered a pending ordinance. Unless the Planning and Zoning Commission resolution or the proposed ordinance passed by City Council on first reading states that the proposed ordinance shall not be considered a pending ordinance, no building permit shall be issued by the Chief Building Official which would be prohibited by the proposed amendment for a period of six (6) months. B. Following a recommendation by the Planning and Zoning Commission to the City Council for an amendment to the text of this Title or the official zone district map, the City Council may by motion or resolution declare that the proposed ordinance shall not be considered a pending ordinance and any permit applied for which otherwise conforms to this Title shall be issued by the Chief Building Official. City of Aspen Land Use Code Page - 67 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.310.070 26.310.06010iotation of Planning and Zoning Commission resolution on official zone district map. Within ten (10) days of when the Planning and Zoning Commission adopts a resolution recommending approval of a development application for an amendment to the official zone district map, the Community Development Director shall make a notation on the official zone district map to show the pending amendment. 26.310.070 Recordation of designation. Upon the effective date of an act by the City Council approving a development application for an amendment to the official zone district map, the Community Development Director shall notify the City Clerk of the designation, who shall record among the real estate records of the Clerk and Recorder of Pitkin County, Colorado, a certified copy of the ordinance. The ordinance shall include a legal description of the property whose zone district designation is changed by the amendment. 26.310.080 Placement on City's official zone district map. Upon the effective date of an act by the City Council approving a development application for an amendment to the official zone district map, the Community Development Director shall place the amendment on the city's official zone district map, which is kept in the Community Development Department. 26.310.090 Time limitations. After a decision or recommendation denying a development application for an amendment to the text of this Title or to the official zone district map, the City Council and the Planning and Zoning Commission shall not consider: A. A development application for the same amendment for a period of two (2) years from the date of the action; or B. A development application for amendment to the city's official zone district map or the text of this Title that constitutes any other kind of amendment of any part of the same land for a period of one year from the date of the action. C. The time limitation of this subsection may be waived by the majority vote of the City Council when such action is deemed necessary to prevent injustice or facilitate the proper development of the City of Aspen. City of Aspen Laid Use Code Page - 68 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.312.010 Sections: 26.312.010 26.312.020 26.312.030 26.312.040 26.312.050 26.312.060 Chapter 26.312 NONCONFORMITIES Purpose. Nonconforming uses. Nonconforming structures. Nonconforming accessory uses and accessory structures. Nonconforming lots of record. Lot reduction. 26.312.010 Purpose. Within the zone districts established by this Title, there exist uses of land, buildings and structures that were lawfully established before this Title was adopted or amended which would be in violation of the terms and requirements of this Title. The purpose of this Chapter is to regulate and limit the continued existence of those uses, buildings, and structures that do not conform to the provisions of this Title as amended. It is the intent of this Chapter to permit nonconformities to continue, but not to allow nonconformities to be enlarged or expanded. The provisions of this Chapter are designed to curtail substantial investment in nonconformities in order to preserve the integrity of the zone districts and the other provisions of this Title but should not be construed as an abatement provision. 26.312.020 Nonconforming uses. A. Authority to continue. Nonconforming uses of land or structures may continue in accordance with the provisions of this Chapter and this section. B. Normal maintenance. Normal maintenance may be performed upon non -conforming uses of land and structures, provided that the maintenance performed within any twelve (12) consecutive month period does not exceed ten percent (10%) of the current replacement cost of the structure. C. Extensions. Nonconforming uses shall not be extended. This prohibition shall be construed so as to prevent: 1. Enlargement of nonconforming uses by additions to the area of the structure in which such nonconforming uses are located; or 2. Occupancy of additional lands. City of Aspen land Use Code Page - 69 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.312.030 D. Relocation. A structure housing a nonconforming use may not be moved to another location on or off the parcel of land on which it is located, unless the use thereafter shall conform to the limitations of the zone district into which it is moved. E. Change in use. A nonconforming use shall not be changed to any other use unless the new use conforms to the provisions of the zone district in which it is located. F. Abandonment or discontinuance. The intent of the owner notwithstanding, where a nonconforming use of land or nonconforming use of structure is discontinued or abandoned for twelve (12) consecutive months, then such use may not be reestablished or resumed, and any subsequent use must conform to the provisions of this Title. G. Demolition or destruction. 1. Ability to restore. Any nonconforming use which is purposefully demolished or destroyed to the extent of less than seventy-five (75) percent of the floor area or exterior wall area of the entire structure may be restored as of right if a building permit for reconstruction is issued within twelve (12) months of the date of demolition. Any nonconforming use which is purposefully demolished or destroyed to the extent of seventy-five (75) percent or more of the floor area or exterior wall area of the entire structure shall only be restored in conformance with the provisions of this Title. 2. Non -willful destruction. Any nonconforming use which is demolished or destroyed by an act of nature or through any manner not purposefully accomplished by the owner may be restored as of right, regardless of the extent of demolition or destruction, if a building permit for reconstruction is issued within twelve (12) months of the date of demolition or destruction. 26.312.030 Nonconforming structures. A. Authority to continue. A nonconforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this Chapter: B. Normal maintenance. Normal maintenance to nonconforming structures may be performed without affecting the authorization to continue as a nonconforming structure. C. Extensions. 1. General. A nonconforming structure shall not be extended by expansion that increases the nonconformity. A nonconforming extended or altered in a manner that does not change or nonconformity. an enlargement or structure may be that decreases the City of Aspen Land Use Code Page - 70 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.312.040 2. Historic landmark. The only exception to this requirement shall be for a structure designated as an historic landmark. Such structures may be extended into front yard, side yard and rear yard setbacks, may be extended into the minimum distance between buildings on a lot and may be enlarged, provided, however, such enlargement does not exceed the allowable floor area of the existing structure by more than five hundred (500) square feet, complies with all other requirements of this Title, and receives development review approval as required by Section 26.415.010(D)(1)(a). D. Relocation. A nonconforming structure shall not be moved unless it thereafter conforms to the standards and requirements of the zone district in which it is located. E. Unsafe structure. Any portion of a nonconforming structure which becomes physically unsafe or unlawful due to lack of repairs and maintenance, and which is declared unsafe or unlawful by a duly authorized city official, but which an owner wishes to restore, repair or rebuild shall only be restored, repaired or rebuilt in conformity with the provisions of this Title. F. Ability to Restore. 1. Non -purposeful destruction. Any non -conforming structure which is demolished or destroyed by an act of nature, or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is issued within twenty four (24) months of the date of demolition or destruction. 2. Purposeful destruction. Any non -conforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title, or unless replacement of the non -conformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is non -conforming in regards to the permitted density of the underlying zone district may maintain that specific non -conformity only if a building permit for the replacement structure is issued within twelve (12) months of the date of demolition or destruction. 26.312.040 Nonconforming accessory uses and accessory structures. No nonconforming accessory use or accessory structure shall continue after the principal structure or use shall have terminated unless such structure or use thereafter shall conform to the provisions of the zone district in which it is located. City of Aspen Land Use Code Page - 71 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.312.040 26.312.050 Nonconforming lots of record. A. General. A detached single-family dwelling and customary accessory buildings may be developed on a lot of record if: 1. The lot of record is in separate ownership and not contiguous to lots in the same ownership; and 2. The proposed single-family dwelling can be located on the lot so that the yard, height, open space and floor area dimensional requirements of the zone district can be met, or a variance is obtained from said dimensional requirements pursuant to Chapter 26.314. B. Undivided lot. If two (2) or more lots or combinations of lots with continuous frontage in single ownership (including husband and wife as in all cases a single owner) are of record as of November 22, 1971, regardless of time of acquisition, and if all or parts of the lots do not meet the requirements established for lot width and area, the lots shall be considered an undivided parcel, and no portion shall be used or occupied which does meet the width and area requirements of this Title. C. Historic landmark. A lot of record containing an historic landmark need not meet the minimum lot area requirement of its zone district to allow the uses that are permitted and conditional uses in the district subject to the standards and procedures established in Chapter 26.420. 26.312.060 Lot reduction. A. No lot or interest therein shall be transferred, conveyed, sold or subdivided so as to create a new nonconforming lot, to avoid, circumvent or subvert any provision of this Title, or to leave remaining any lot in violation of the dimensional requirements of this Title. B. No lot or portion of a lot required as a building site under this Title shall be used as a portion of a lot required as a site for another structure. C. No building permit shall be issued for any lot or parcel of land which has been conveyed, sold, or subdivided in violation of this section. City of Aspen Land Use Code Page - 72 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.314.010 Sections: 26.314.010 26.314.020 26.314.030 26.314.040 26.314.050 26.314.060 26.314.070 26.314.080 Chapter 26.314 VARIANCES Purposes. Authority. Authorized variances. Standards applicable to variances. Procedure for variance approval. Conditions. Expiration. Appeals. 26.314.010 Purposes. Variances are deviations from the terms of this Title which would not be contrary to the public interest when, owing to special circumstances or conditions, the literal enforcement of the provisions of this Title would result in undue and unnecessary hardship. Variances shall only be granted in accordance with the terms of this Chapter. 26.314.020 Authority. The Board of Adjustment, in accordance with the procedures, standards and limitations of this Chapter shall approve, approve with conditions, or disapprove a development application for variances to the terms of this Title. If the application for a variance is part of a consolidated application process authorized by the Community Development Director pursuant to Section 26.304.060(B)(1), the Planning and Zoning Commission, or the Historic Preservation Commission may review the application for a variance using the standards and procedures set forth in this Chapter. 26.314.030 Authorized variances. Variances may only be granted from the following requirements of this Title 26: A. Dimensional requirements. B. Permitted uses, but only to allow for the temporary off -site location or storage of materials, structures or equipment pursuant to building construction or construction staging. City of Aspen Land Use Code Page - 73 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.314.040 26.314.040 Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and this Title; 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in -the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or structures, in the same zone district. B. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision making body shall make a finding that all of the following circumstances exist: 1. Notice by mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with Section 26.304.060(E). 2. A variance is the only reasonable method by which to afford the applicant relief and to deny a variance would cause the applicant unnecessary hardship or practical difficulty. 3. The temporary off -site storage or construction staging can be undertaken in such a manner so as to minimize disruption, if any, of normal neighborhood activities surrounding the subject parcel. 4. If ownership of the off -site parcel subject to the proposed variance is not vested in the applicant, then verified written authorization of the parcel's owner must be provided. 5. Adequate provision is made to restore the subject parcel to its original condition upon expiration of the variance, including the posting of such financial security as deemed City of Aspen Land Use Code Page - 74 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.314.050 appropriate and necessary by the appropriate decision making body to insure such restoration. 26.314.050 Procedure for variance approval. A. Initiation. A development application for a variance may be initiated by over fifty (50) percent of the owners of the real property for which the variance is proposed. B. Determination of completeness and review by the planning director. A development application for a variance shall be initiated by the submission of a development application to the Community Development Director in a form established for such purposes. The Community Development Director shall review the application and determine its completeness and shall refer written comments to the appropriate decision making body. C. Steps Required. One step is required to review an application for a variance: A public hearing before the appropriate decision making body. Notice requirements: Mailing and posting (See Section 26.304.060(E)). D. Decision -making body action. At the conclusion of the public hearing, the appropriate decision making body shall determine if the application meets the standards of this Chapter, and shall issue a resolution to approve, approve with conditions, or disapprove the application for a variance. 26.314.060 Conditions. The Director of the Community Development Department may recommend and the appropriate decision making body may impose, such conditions on variances as are necessary to accomplish the goals, objectives and policies of the Aspen Area Community Plan and the terms of this Title. All variances granted so as to permit the temporary off -site storage of materials, structures or equipment pursuant to building construction or construction staging shall commence and terminate on dates certain as established by the appropriate decision making body and shall not relieve an applicant from obtaining all necessary building permits. 26.314.070 Expiration. A. Expiration. Unless vested as part of a development plan pursuant to Section 26.308.010, and except as otherwise established by the appropriate decision making body, a variance granted under this Chapter shall automatically expire after twelve (12) months from the date of approval unless development has been commenced as illustrated by the issuance of a building permit. B. Extension. The appropriate decision making body may grant a one time extension of a variance for up to twelve (12) months. All requests for an extension must be submitted prior to the expiration of the existing development order, must demonstrate good cause City of Aspen Land Use Code Page - 75 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.316.010 showing that an extension is necessary, and must demonstrate that the circumstances as set forth in this Chapter are still applicable. 26.314.080 Appeals. An applicant may appeal an adverse determination by the Planning and Zoning Commission or Historic Preservation Commission on an application for a variance that is consolidated with other development applications to the Board of Adjustment. Such appeals shall follow the general appeal procedures set forth in Chapter 26.316. City of Aspen Land Use Code Page - 76 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.316.010 Sections: Chapter 26.316 APPEALS 26.316.010 Purpose. 26.316.020 Authority. 26.316.030 Appeal procedures. 26.316.010 Purpose. The purpose of this Chapter is to establish the authority of the Board of Adjustment, Growth Management Commission, and City Council to hear and decide certain appeals and to set forth the procedures for said appeals. 26.316.020 Authority. A. Board of Adjustment. The Board of Adjustment shall have the authority to hear and decide the following appeals: 1. Any decision or determination made by an administrative official unless otherwise specifically stated in this Title. 2. The denial of a variance pursuant to Chapter 26.314 by the Planning and Zoning Commission or Historic Preservation Commission. B. City Council. The City Council shall have the authority to hear and decide the following appeals: 1. An interpretation to the text of this Title or the boundaries of the zone district map by the Community Development Director in accordance with Chapter 26.312. 2. Any action by the Historic Preservation Commission in approving, approving with conditions, or disapproving a development application for development in an Historic Overlay District pursuant to Chapter 26.415. 3. The scoring determination or allocations of the Growth Management Commission pursuant to Chapter 26.470. 4. Any other appeal for which specific authority is not granted to another board or commission as established by this Title. City of Aspen Land Use Code Page - 77 Revised 01/01/99 Part 300 — General Procedures and Regulations Section 26.316.030 C. Growth Management Commission. The Growth Management Commission shall have the authority to hear and decide an appeal from an adverse determination by the Community Development Director on an application for exemption pursuant to the growth management quota system in accordance with Section 26.470.060(D). 26.316.030 Appeal Procedures. A. Initiation. Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. B. Effect of filing an appeal. The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the Community Development Director certifies in writing to the chairperson of the decision -making body authorized to hear the appeal that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further proceedings. The chairperson of the decision making body with authority to hear the appeal may review such certification and grant or deny a stay of the proceedings. C. Timing of appeal. The decision -making body authorized to hear the appeal shall consider the appeal within thirty (30) days of the date of filing the notice of appeal or as soon thereafter as is practical under the circumstances. D. Notice requirements. Notice of the appeal shall be provided by mailing to the appellant and by publication to all other affected parties. (See, Section 26.304.060(E)). E. Standard of review. Unless otherwise specifically stated in this title, the decision -making body authorized to hear the appeal shall decide the appeal based solely upon the record established by the body from which the appeal is taken. A decision or determination shall be not be reversed or modified unless there is a finding that there was a denial of due process, or the administrative body has exceeded its jurisdiction or abused its discretion. F. Action by the decision -making body hearing the appeal. The decision -making body authorized to hear the appeal shall follow the general hearing procedures set forth at Section 26.304.060(C). The decision -making body hearing the appeal, may reverse, affirm, or modify the decision or determination appealed from, and, if the decision is modified, shall be deemed to have all the powers of the officer, board or commission from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the appellant. The decision shall be in writing. City of Aspen Land Use Code Page - 78 Revised 01/01/99