HomeMy WebLinkAbout1991 esa codeLAND USE REGULATIONS § 7-409
development application for special review may be consolidated with any other development
application pursuant to the requirements of Common Procedures, Article 6, Division 2.
Seca 7406. Application.
The development application for special review shall include the following:
A. The general application information required under Section 6-202.
B. A sketch plan showing the configuration of the development on the lot and those
features of the site which are relevant to the special review application.
C. An analysis of the characteristics of similarly situated properties in the same zone
district and of neighboring parcels with respect to whether these properties comply
with the dimensional, off-street parking or trash/utility service area requirement
which is subject to special review.
Sec. 7-407. Conditions.
The planning director may recommend, and the commission may impose, such conditions
that are necessary to ensure a proposed development subject to special review complies with
the purposes of the Aspen Area Comprehensive Plan, this division, and this chapter, including
conditions to ensure the integrity of the city's zone districts are maintained, and the proposed
use is compatible with surrounding land uses. This includes but is not limited to imposing
conditions on size, bulk, location, open space, landscaping, lighting, signage, off-street park-
ing, and other design features.
Sec. 7408. Modification of requirements.
If the dimensional requirements, off-street parking, signage, or reduction in access to
utility/trash service areas for a proposed development are expressly modified by a valid
conditional use or other valid development permit or approval, the proposed development
must comply with such modified requirements.
Sec. 7.409. Amendment of development order.
A. Insubstantial amendment An insubstantial amendment to an approved development
order for special review may be authorized by the planning director. An insubstantial amend-
ment shall be limited to technical or engineering considerations first discovered during actual
development which could not reasonably be anticipated during the approval process. An
insubstantial amendment shall include a change to the design of approved off-street parking
or to the configuration of a trash/utility service area. An insubstantial amendment shall not
include:
1. Any increase in a dimensional requirement established by special review.
2. Any decrease in the number of off-street parking spaces established by special review.
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3. Any decrease in the size of a utility/trash service area established by special review.
4. Elimination of any represented feature, such as provision of a trash compactor or the
number of trash bins, which was approved by special review.
B. Other amendment. Any other amendment shall be approved pursuant to the terms and
procedures of this division.
DIVISION 5. DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS (ESA)
Sec. 7.501. Purpose.
Certain land areas within the city are of particular ecological, environmental, architec-
tural or scenic significance and all development within such areas shall be subject to special
review procedures and standards as set forth in this Division 5. These areas shall be known as
Environmentally Sensitive Areas (ESA) and shall include the following:
A. 8040 Greenline. Areas located at or above 8040 feet mean sea level (the 8040 Green -
line) and including that area extending one hundred fifty (150) feet below the 8040
Greenline. Development in these areas shall be subject to heightened review so as to
reduce impacts on the natural watershed and surface runoff, minimize air pollution,
reduce the potential for avalanche, unstable slope, rock fall and mud slide, and aid in
the transition of agricultural and forestry land uses to urban uses. Review shall
further ensure the availability of utilities and access to any development and that
disturbance to existing terrain and natural land features be kept to a minimum.
B. Stream margins. Areas located within one hundred (100) feet, measured horizontally,
from the high water line of the Roaring Fork River and its tributary streams, or
within the one hundred year floodplain where it extends one hundred (100) feet from
the high water line of the Roaring Fork River and its tributary streams, or within a
flood hazard area (stream margin). Development in these areas shall be subject to
heightened review so as to reduce and prevent property loss by flood while ensuring
the natural and unimpeded flow of watercourses. Review shall encourage develop-
ment and land uses that preserve and protect existing watercourses as important
natural features.
C. Mountain view planes. Designated mountain view planes asset forth in section 7-505
of this Article 7. Development in these areas shall be subject to heightened review so
as to protect mountain views from obstruction, strengthen the environmental and
aesthetic character of the city, maintain property values, and enhance the city's
tourist industry by maintaining the city's heritage as a mountain community.
D. Hallam Lake Buff. That bluff area running approximately on a north -south axis
bordering and/or overlooking the Aspen Center for Environmental Studies nature
preserve and bounded on the east by the 7850-foot mean sea level elevation line and
extending one hundred (100) feet, measured horizontally, up slope and there termi-
nating, and bounded on the north by the southeast lot line of Lot 7A of the Aspen
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LAND USE REGULATIONS § 7-503
Company Subdivision, and on the south by the centerline of West Francis Street.
Development in this area shall be subject to heightened review so as to reduce noise
and visual impacts on the nature preserve, protect against slope erosion and land-
slide, minimize impacts on surface runoff, maintain views to and from the nature
preserve, and ensure the aesthetic and historical integrity of Hallam Lake and the
nature preserve.
(Ord. No. 71-1990, § 5)
Sec. 7-502. Authority.
The commission, in accordance with the procedures, standards and limitations of this
division, shall approve, approve with conditions, or disapprove a development application for
development in an environmentally sensitive area (ESA).
Sec. 7-503. 8040 greenline review.
A. Applicability. The provisions of 8040 greenline review shall apply to all development
located at or above 8040 feet above mean sea level (the 8040 greenline) in the City of Aspen,
and all development within one hundred fifty (150) feet below the 8040 greenline, unless
exempted pursuant to Section 7-503(B).
B. Exemption. The expansion, remodeling or reconstruction of an existing development
shall be exempt from 8040 greenline review if the following standards are met:
1. The development does not add xgore than ten (10) percent to the floor area of the
existing structure or increase the total amount of square footage of areas of the
structure which are exempt from floor area calculations by more than twenty-five
(25) percent; and
2. The development does not require the removal of any tree for which a permit would
be required pursuant to section 13-76 or the applicant receives a permit pursuant to
said section; and
3. The development is located such that it is not affected by any geologic hazard and
will not result in increased erosion and sedimentation.
C. 8040 greenline review standards. No development shall be permitted at, above, or one
hundred fifty (150) feet below the 8040 greenline unless the commission makes a determina-
tion that the proposed development complies with all requirements set forth below.
1. The parcel on which the proposed development is to be located is suitable for devel-
opment considering its slope, ground stability characteristics, including mine subsi-
dence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel
is found to contain hazardous or toxic soils, the applicant shall stabilize and revege-
tate the soils, or, where necessary, cause them to be removed from the site to a
location acceptable to the city.
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LAND USE REGULATIONS § 7-504
2. The proposed development does not have a significant adverse affect on the natural
watershed, runoff, drainage, soil erosion or have consequent effects on water pollution.
3. The proposed development does not have a significant adverse affect on the air
quality in the city.
4. The design and location of any proposed development, road, or trail is compatible
with the terrain on the parcel on which the proposed development is to be located.
5. Any grading will minimize, to the extent practicable, disturbance to the terrain,
vegetation and natural land features.
6. The placement and clustering of structures will minimize the need for roads, limit
cutting and grading, maintain open space, and preserve the mountain as a scenic
resource.
7. Building height and bulk will be minimized and the structure will be designed to
blend into the open character of the mountain.
8. Sufficient water pressure and other utilities are available to service the proposed
development.
9. Adequate roads are available to serve the proposed development, and said roads can
be properly maintained.
10. Adequate ingress and egress is available to the proposed development so as to ensure
adequate access for fire protection and snow removal equipment.
11. Any trail on the parcel designated on the Aspen Area Comprehensive Plan:
Parks/Recreation/Open Space/Trails Plan map is dedicated for public use.
Sec. 7-504. Stream margin review.
A. Applicability. The provisions of stream margin review shall apply to all development
within one hundred (100) feet, measured horizontally, from the high water line of the Roaring
Fork River and its tributary streams, or within the one -hundred -year floodplain where it
extends beyond one hundred (100) feet of the Roaring Fork River and its tributary streams, or
within a flood hazard area, unless exempted pursuant to Section 7-504(B).
B. Exemption, The expansion, remodeling or reconstruction of an existing development
shall be exempt from stream margin review if the following standards are met:
1. The development does not add more than ten (10) percent to the floor area of the
existing structure or increase the amount of building area exempt from floor area
calculations by more than twenty-five (25) percent; and
2. The development does not require the removal of any tree for which a permit would
be required pursuant to section 13-76 or the applicant receives a permit pursuant to
said subsection; and
3. The development is located such that no portion of the expansion, remodeling or
reconstruction will be any closer to the high water line than is the existing develop-
ment; and
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4. The development does not fall outside of an approved building envelope, if one has
been designated through a prior review; and
5. The development is located completely outside of the special flood hazard area and
more than one hundred (100) feet measured horizontally, from the high water line of
the Roaring Fork River and its tributary streams or the expansion, remodeling or
reconstruction will cause no increase to the amount of ground coverage of structures
within the special flood hazard area.
C. Stream margin review standards. No development shall be permitted within the flood -
way, with the exception of bridges or structures for irrigation, drainage, flood control or water
diversion, which may be permitted by the city engineer, provided plans and specifications are
provided demonstrating the structure is engineered to prevent blockage of drainage channels
during peak flows and the commission determines the proposed structure complies, to the
extent practical, with all the standards set forth below.
No development shall be permitted within one hundred (100) feet, measured horizontally, from
the high water line of the Roaring Fork River and its tributary streams, or within the special
flood hazard area where it extends beyond one hundred (100) feet from the high water line of
the Roaring Fork River and its tributary streams, unless the commission makes a determi-
nation that the proposed development complies with all the standards set forth below.
1. It can be demonstrated that any proposed development which is in the special flood
hazard area will not increase the base flood elevation on the parcel proposed for
development. This shall be demonstrated by an engineering study prepared by a
professional engineer registered to practice in the State of Colorado which shows that
the base flood elevation will not be raised, including, but not limited to, proposing
mitigation techniques on or off -site which compensate for any base flood elevation
increase caused by the development.
2. Any trail on the parcel designated on the Aspen Area Comprehensive Plan:
Parks/Recreation/Open Space/Trails Plan map is dedicated for public use.
3. The recommendations of the Roaring Fork Greenway Plan are implemented in the
proposed plan for development, to the greatest extent practicable.
4. No vegetation is removed or slope grade changes made that produce erosion and
sedimentation of the stream bank.
5. To the greatest extent practicable, the proposed development reduces pollution and
interference with the natural changes of the river, stream or other tributary.
6. Written notice is given to the Colorado Water Conservation Board prior to any
alteration or relocation of a watercourse, and a copy of said notice is submitted to the
Federal Emergency Management Agency.
7. A guarantee is provided in the event a water course is altered or relocated, that
applies to the developer and his heirs, successors and assigns that ensures that the
flood carrying capacity on the parcel is not diminished.
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LAND USE REGULATIONS § 7-505
8. Copies are provided of all necessary federal and state permits relating to work within
the one -hundred -year floodplain.
(Ord. No. 6-1989, § 9)
Sec. 7-505. Mountain view plane review.
A. Applicability. The provisions of mountain view plane review shall apply to all devel-
opment located within the following established mountain view planes, unless exempted
pursuant to Section 7-505B.
1. Glory Hole Park View Plane. There is hereby established a view plane originating
from Glory Hole Park above which plane no land use or building shall project. The
reference point bears N. 19 ° 06' 00" W. a distance of 919.85 feet from Corner 1 of the
Aspen Townsite, a 1954 BLM brass cap; the reference base line bears N. 55' 04' 05"
E. a distance of 73.00 feet from the reference point. Elevation is 7,947.55* feet above
sea level. The view plane consists of two (2) spatial components more particularly
described as follows:
a. All that space which is within the projection of a sector of 9° 54' 00" described by
two (2) radial lines which bears S. 44' 49' 55" E. and S. 34 55' 55" E. respec-
tively from the reference point, and which is also above the view plane which
passes through the reference base line at the inclination of 3° 30' above horizontal.
b. All that area within the projection of the following described perimeter and
which is also above the view plane which passes through the reference base line
at an inclination of 3° 30' above horizontal. The perimeter is more fully de-
scribed as follows: Beginning at the reference point, thence N. 55' 04' 05" E. a
distance of 73.00 feet along the reference base line; thence S. 34' 55' 55" E. a
distance of 418.27 feet to a point on the northerly radial line of the view sector;
thence N. 44' 49' 55" W. along said radial line a distance of 424.59 feet to the
reference point.
2. Wagner Park View Plane. There is hereby established a view plane originating in the
north central part of Wagner Park above which plane no land use or building shall
project. The reference point bears N. 58' 03' 11" E. 198.65 feet from the northwest-
erly corner of Block 83, Original Aspen Townsite; elevation of the reference point is
7,919.73 feet above mean sea level. The view plane consists of a sector component
more particularly described as follows: All that space which is within the projection
of a sector of 9 ° 46' 18" described by two (2) radial lines which bear S. 36' 05' 49" E.
and S. 45' 52' 07" E. respectively from the reference point and above a plane which
passes through the reference point at an inclination of 3° 39' 10" above the horizontal.
3. Cooper Avenue View Plane. There is hereby established a view plane originating on
the northerly side of Cooper Avenue easterly of Galena Street above which plane no
land use or building shall project. The reference point bears N. 750 41' 52" E. 147.78
*All elevations used in this section are based on the U.S. Coast and Geodetic Survey (USC
& GS) benchmark located in the southwesterly corner of the Pitkin County Court House
foundation at an elevation of 7,906.80 feet above mean sea level.
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§ 7-505 ASPEN CODE
feet from the northwesterly property corner of Block 96, Original Aspen Townsite, an
aluminum cap located in the sidewalk. Elevation of the reference point is 7,926.75
feet above mean sea level. The view plane consists of spatial components more
particularly described as follows. All that space which is within the projection of a
sector of 48' 00' 00" described by two (2) radial lines which bear S. 11' 41' 08" E. and
S. 360 18' 52" W. respectively from the reference point, and above a plane which
passes through the reference point at an inclination of 6° 20' 05" above the horizontal.
4. Court House View Plane. There are hereby established two (2) view planes originat-
ing from the sidewalk on the northerly side of Main Street easterly of Galena Street
above which planes no land use or building shall project.
a. View Plane Number One. The reference point bears S. 79' 43' 29" E. 69.00 feet
from the southwesterly property corner of Block 92, Original Aspen Townsite; a
plastic survey cap. Elevation of the reference point is 7,912.32 feet above mean
sea level. The view plane consists of spatial components more particularly de-
scribed as follows. All that space which is within the projection of a sector of 27 °
58' 40" described by two (2) radial lines which bear S. 16' 59' 48" E. and S. 10'
58' 52" W. respectively from the reference point, and above a plane which passes
through the reference point at an inclination of 4 ° 25' above the horizontal.
b. View Plane Number Two. The reference point bears S. 74' 14' 26" E. 131.46 feet
from the southwesterly property corner of Block 92, Original Aspen Townsite.
Elevation of the reference point is 7,913.02 feet above mean sea level. The view
plane consists of spatial components more particularly described as follows. all
that space which is within the projection of a sector of 26' 04' 38" described by
two (2) radial lines which bear S. 03' 26' E. and S. 22' 28' 12" W. respectively
from the reference point, and above a plane which passes through the reference
point at an inclination of 4° 58' 20" above the horizontal.
5. Wheeler Opera House View Plane. There is hereby established a view plane originat-
ing from the Wheeler Opera House westerly of Mill Street above which plane no land
use or building shall project. The easterly end point of the base line for the view plane
bears S. 37' 32' 12" E. 8.06 feet from the southeasterly property corner of Block 81,
Original Aspen Townsite. The reference base line bears N. 74' 30' 11" W. a distance
of 140.45 feet from the easterly end point of the base line for the view plane at an
elevation of 7,916.18 feet above mean sea level. The view plane consists of spatial
components more particularly described as follows: All that space which is within the
projection of radial lines from the easterly and westerly terminus of the base line
which bear S. 30' 41' 11" E. and S. 66' 08' 59" W. respectively and which is above a
plane which passes through the reference point at an inclination of 2' 50' 38" above
horizontal.
6. Main Street View Plane. there is hereby established a view plane originating from
Main Street above which plane no land use or building shall project. The reference
point bears N. 78° 22' 29" W. 92.35 feet from the southeasterly property corner of
Block 79, Original Aspen Townsite. The reference base line bears N. 75' 09' 11" W.
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LAND USE REGULATIONS § 7-506
51.40 feet from the reference point. Elevation of the reference point and reference
base line is 7,906.90 feet above mean sea level. The view plane is more particularly
described as follows. All that space which is within the projection of two (2) radial
lines which bear S. 29' 10' 06" E. from the reference point, and S. 80' 29' 29" W.
from the westerly terminus of the reference base line, and which is also above a plane
which passes through the reference base line at an angle of inclination of 6° 29' 20"
above horizontal.
B. Exemption. Development which shall be exempt from mountain view plane review
shall include the addition of any mechanical equipment to an existing development which
protrudes into the view plane, except for the following types of equipment:
1. Satellite dish;
2. Elevator shaft; or
3. Any other piece of equipment whose height and mass are found to be of such signifi-
cance in their effect upon the designated view plane that their review pursuant to the
standards of Section 7-505(C) is required.
C. Mountain view plane review standards. No development shall be permitted within a
mountain view lane unless the commission makes a determination that the proposed devel-
opment complies with all requirements set forth below.
1. No mountain view plane is infringed upon, except as provided in Section 7-505(CX2).
When any mountain view plane projects at such an angle so as to reduce the maxi-
mum allowable building height otherwise provided for in this chapter, development
shall proceed according to the provisions of Article 7, Division 9 as a planned unit
development, so as to provide for maximum flexibility in building design with special
consideration to bulk and height, open space and pedestrian space, and similarly to
permit variations in lot area, lot width, yard and building height requirements, view
plane height limitations.
The commission may exempt any developer from the above enumerated require-
ments whenever it is determined that the view plane does not so effect the parcel as
to require application of PUD or that the effects of the view plane may be otherwise
accommodated.
2. When any proposed development infringes upon a designated view plane, but is
located in front of another development which already blocks the same view plane,
the commission shall consider whether or not the proposed development will further
infringe upon the view plane, and the likelihood that redevelopment of the adjacent
structure will occur to re -open the view plane. In the event the proposed development
does not further infringe upon the view plane, and re -redevelopment to re -open the
view plane cannot be anticipated, the commission shall approve the development.
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§ 7.506 ASPEN CODE
See. 7.506. Hallam Lake Bluff Review.
A. Applicability. All development in that bluff area running approximately on a north -
south axis bordering and/or overlooking the Aspen Center for Environmental Studies nature
preserve and bounded on the east by the 7850-foot mean sea level elevation line and extending
one hundred (100) feet, measured horizontally, up slope and there terminating, and bounded
on the north by the southeast lot line of Lot 7A of the Aspen Company Subdivision, and on the
south by the centerline of West Francis Street, shall be subject to the review standards as set
forth in this section.
B. Exemption. The exterior expansion, remodeling or reconstruction of an existing struc-
ture or development, or the removal of trees or shrubbery, shall be exempt from Hallam Lake
Bluff review if the following standards are met.
(1) The development takes place more than thirty (30) feet from the top of slope, or the
development is obscured from the rear slope by other structures as determined by a
site section provided pursuant to review standard C.(7) below.
C. Hallam Lake Bluff review standards. No development shall be permitted within the
Hallam Lake Bluff ESA unless the commission makes a determination that the proposed
development meets all of the following requirements:
(1) No development, excavation or fill, other than native vegetation planting, shall take
place below the top of slope.
(2) All development within the fifteen -foot setback from the top of slope shall be at grade.
Any proposed development not at grade within the fifteen -foot setback must be ap-
proved by special review pursuant to section 7-404D. of this Article 7.
(3) All development outside the fifteen -foot setback from top of slope shall not exceed a
height delineated by a line drawn at a forty-five (45) degree angle from ground level
at the top of slope. Height shall be measured and determined by the zoning officer
utilizing that definition set forth at section 3-101 of this Chapter 24.
(4) A landscape plan shall be submitted with all development applications. Such plan
shall include native vegetative screening of no less than fifty (50) percent of the
development as viewed from the rear (slope) of the parcel. All vegetative screening
shall be maintained in perpetuity and shall be replaced with the same or comparable
material should it die.
(5) All exterior lighting shall be low and downcast with no light(s) directed toward the
nature preserve or located down the slope.
(6) No fill material or debris shall be placed on the face of the slope, Historic drainage
patterns and rates must be maintained. Pools or hot tubs cannot be drained down the
slope.
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LAND USE REGULATIONS § 7-508
(7) Site sections drawn by a registered architect, landscape architect, or engineer shall be
submitted showing all existing and proposed site elements, the top of slope, and
pertinent elevations above sea level.
(Ord. No. 71-1990, § 6)
Sec. 7.507. Procedure for approval of development in ESA.
A development application for development in environmentally sensitive area (ESA),
shall be reviewed and recommended for approval, approval with conditions, or disapproval by
the planning director, and then approved, approved with conditions, or disapproved by the.
commission at a hearing held in accordance with the, procedure establishedin. Common
Procedures, Article 6, Division 2. A development application for development in an Environ-
mentally Sensitive Area (ESA) may be consolidated with any other development application
pursuant to the requirements of Common Procedures, Article 6, Division 2.
(Ord. No. 71-1990, § 7)
Sec. 7.508. Application.
The development application for development in an environmentally sensitive area (ESA)
shall include the following:
A. The general application information required in Section 6-202.
B. A plan of the proposed development, which shall depict at a minimum the following
information:
1. The boundary of the property for which development is requested.
2. Existing and proposed improvements.
3. Significant natural features, including natural hazards and trees.
C. In addition to these minimum plan contents, the development plan submitted for
development in each type of ESA shall also include the following:
1. For development subject to 8040 greenline review, the plan shall depict:
a. Existing and proposed grades at two -foot contours, with five-foot intervals
for grades over ten (10) percent.
b. Proposed elevations of the development.
c. A description of proposed construction techniques to be used.
2. For development subject to stream margin review, the plan shall depict:
a. The 100-year floodplain line and the high water line.
b. Existing and proposed grades at two -foot contours, with five-foot intervals
for grades over ten (10) percent.
c. When development is proposed in a special flood hazard area: Accurate
elevations (in relation to mean sea level) of the lowest floor, including
basement, of all new or substantially improved structures; a verification and
recordation of the actual elevation in relation to mean sea level to which any
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§ 7.508 ASPEN CODE
structure is constructed; a demonstration that all new construction or sub-
stantial improvements will be anchored to prevent flotation, collapse or
lateral movement of any structure to be constructed or improved; a demon-
stration that the structure will have the lowest floor, including basement,
elevated to at least two (2) feet above the base flood elevation, all as certified
by a registered professional engineer or architect.
d. A description of proposed construction techniques to be used.
3. For development subject to mountain view plane, the plan shall depict:
a. Proposed elevations of the development, including any rooftop equipment
and how it will be screened.
b. Photographs shall be submitted by the applicant which show the present
improvements which protrude into or are in the vicinity of the view plane.
The applicant shall graphically represent on the photographs how the pro-
posed improvements will appear in relation to existing improvements and
views.
(Ord. No. 6-1989, § 9; Ord. No. 71.1990, § 7)
Sec. 7.509. Conditions.
The planning director may recommend and the commission may impose conditions to its
approval of development in an environmentally sensitive area (ESA), which includes but is
not limited to means for:
A. Minimizing any adverse impact of the proposed development upon lands, including
the use and operation and the type and intensity of activities which may be conducted;
B. Controlling the sequence or timing of proposed development, including when it must
be commenced and completed;
C. Controlling the duration of use of development and the time within which any
structures must be removed;
D. Assuring that development is maintained properly in the future; or
E. Establishing a more detailed record by submission of drawings, maps, plats or
specifications.
(Ord. No. 71-1990, § 7)
DIVISION 6. DEVELOPMENT IN A H, HISTORIC OVERLAY DISTRICT OR INVOLVING
A HISTORIC LANDMARK
Sec. 7-601. General applicability and requirements.
A. Overview of development review in a H, Historic Overlay District or involving a historic
landmark. Any development within a H, Historic Overlay District or development involving a
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