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ORDINANCE NO. 'fl/-
(Series of1998)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN APPLICATION TO AMEND CHAPTER 26 OF
THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.20.030
POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION,
SECTION 26.52 COMMON DEVELOPMENT REVIEW PROCEDURES, AND
SECTION 26.72 DEVELOPMENT IN AN "H," HISTORIC OVERLAY
DISTRICT, OR INVOLVING THE INVENTORY OF HISTORIC SITES ANP
STRUCTURES
WHEREAS, The Community Development Department. received from the
Historic Preservation Commission a recommendation for an amendment to the land use
regulations, regarding certain text. amendments to Chapter 26 relating to Section
26.20.030 Powers and Duties of the Historic Preservation Commission, Section 26.52
Common Development Review Procedures, and Section 26.72 Development in an "H,"
Historic Overlay District, or involving the Inventory of Historic Sites and Structures; and
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WHEREAS, pursuant to Section 26.92.030 of the Municipal Code, amendments
to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be reviewed and
recommended for approval by the Planning Director and then by the Planning and Zoning
Commission at a public hearing, and then approved, approved with conditions, or
disapproved by the City Council at a public hearing; and
WHEREAS, the Community Development Department reviewed the proposal
. and recommended approval; and
WHEREAS, the Planning and Zoning Commission reviewed the application at a
properly noticed public hearing on October 6, 1998, at which the Commission approved
the proposed text.amendment by a vote of7-0; and
WHEREAS, the City Council finds that the text amendment as proposed is
consistent with the public welfare and purposes and intent of Chapter 26 of the Municipal
Code and meets the review standards of Section 26.92.010.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
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That Section 26.20.030 Powers and Duties of the Historic Preservation Commission shall
be amended to read as follows:
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26.20.030 Powers and duties.
The historic preservation commission (HPC) shall have the following powers and
duties:
A. Recommendation of approval or disapproval to the commission and the
city council of the designation ofH, Historic Overlay District or Historic Landmark,
under Chapter 26.76;
B. Review and approval, approval with conditions, suspension or disapproval
of development with the H, Historic Overlay District or development involving properties
listed on the Inventory of Historic Sites and Structures, under Chapter 26.72;
C. Review and approval, approval with conditions, suspension or disapproval
of demolition, partial demolition, on-site, off-site, or temporary or relocation involving
properties listed on the Inventory of Historic Sites and Structures, as periodically
amended under Chapter 26.72;
D. Periodic evaluation of the Inventory of Historic Sites and Structures, under
Chapter26.72;
E. Recommendation of approval, approval with conditions, or disapproval to
the board of adjustment on a request for variance in the H, Historic Overlay District or
involving properties listed on the Inventory of Historic Sites and Structures, under
Chapter 26.72;
F. Recommendation of the city council of Historic District and Historic
Landmark Development Guidelines, under Chapter 26.72;
G. Recommendation to the commission to initiate amendments to this
chapter; and
H. To hear and approve, approve with conditions, or disapprove variations
under Chapter 26.72. (Ord. No. 60-1989, S 1: Code 1971, S 4-403)
Section 2:
That Section 26.52 Common Development Review Procedures shall be amended to read
as follows:
Chapter 26.52
COMMON DEVELOPMENT REVIEW PROCEDURES
Sections:
26.52.010
26.52.020
26.52.030
26.52.040
26.52.050
26.52.060
26.52.070
General.
Pre-application conference.
Application and fees.
Initiation of development application.
Determination of completeness and review by the planning director.
Review of a development application by decision-making bodies.
Certificate of compliance and building permit issuance.
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26.52.080 Vested property rights.
26.52.010 General.
Chapter 26.52 sets out the common procedures for review of all development
applications. These common procedures apply to the following types ofland
development processes in the City of Aspen: Permitted uses (Chapter 26.56), conditional
uses (Chapter 26.60), development subject to special review (Chapter 26.64),
development in environmentally sensitive areas (ESA) (Chapter 26.68), development or
demolition in H, Historic Overlay Districts or of properties included on the Inventory of
Historic Sites and Structures (Chapter 26.72), designation ofH, Historic Overlay Districts
or Historic Landmarks (Chapter 26.76), development in or designation of specially
planned areas (SPA) (Chapter 26.80), planned unit developments (PUD) (Chapter 26.84),
subdivision review (Chapter 26.88), review of amendments to the text of this chapter or
the official zone district map (Chapter 26.92), and growth management quota system
(GMQS) review (Chapter 26.100).
Generally, for proposed development that is subject to. these provisions, the
process of development follows five (5) stages: (1) A pre-application conference between
the applicant and the planning agency staff; (2) submission of the development
application and fees by the applicant; (3) determination of completeness and review of
the development application by the planning director; (4) review of the development
application by the relevant decision-making body; and upon approval of the development
application, (5) receipt of a building permit. These common development review
procedures-are organized cons~stently with this process. A chart depicting the common
development review procedures can be found in Figure 6-101.
By far, the most lengthy and important of these five (5) stages is the review of the
development application by the relevant decision-making body or bodies. In instances
where the proposed development is simple and its potential effect on substantive land use
policy in the city relatively insignificant, the review procedure is expedited. Where the
proposed development is more complex and has a significant effect on substantive land
use policy, the review procedure is more complicated and lengthy. A chart focusing on
the review of a development application by the r~levant decision-making body or bodies
is found in Figure 6-102. The development review procedures are also sununarized in
Table 6-101.
The Provisions of General Applicability established in this chapter apply to all
these development applications and include procedures for pre-application conference,
application and fees, initiation of application, determination of completeness, review,
hearing, decision-making, public notice, building permit issuance and vested property
rights. Unless otherwise stated, all development applications are subject tothese common
review procedures. However, development which is as of right is only subject to the
building permit stage of review. All other substantive development review standards and
special procedures requirements which vary from those general requirements are found in
Chapters 26.56 through 26.96 or Chapter 26.100, where they are applicable.
FIGURE 6-101:
PROCESS OF DEVELOPMENT REVIEW
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Pre-application Conference
Submission of Development Application
Determination of Completeness of Development Application
Review of Development Application
Receipt of Building Permit
FIGURE 6-102:
DEVELOPMENT APPLICATIONS REQUIRING NO STEPS:
1. PERMITTED USES:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
2.
EXEMPT HISTORIC DEVELOPMENT:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
3. EXEMPT ESA DEVELOPMENT:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
4. EXEMPT GMQS DEVELOPMENT:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
DEVELOPMENT APPLICATIONS REQUIRING ONE STEP:
1. CONDITIONAL USE:
a. Reviewed by Planning and Zoning Commission.
b. Public hearing required.
2.
SPECIAL REVIEW:
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a.
b.
Reviewed by Planning and Zoning Commission.
No public hearing required.
3. ESA:
a. Reviewed by Planning and Zoning Commission.
b. No public hearing required.
4. EXEMPT GMQS:
a. Reviewed by Planning and Zoning Commission.
b. No public hearing required.
5. SUBDIVISION EXEMPTIONS:
a. . Reviewed by City Council.
b. No public hearing required except for lot splits.
6. MINOR DEVELOPMENT OF A PROPERTY LISTED ON THE
lNVENTORY OF HISTORIC SITES AND STRUCTURES OR IN A HISTORIC
DISTRICT:
a.
b.
Reviewed by Historic Preservation Commission.
No public hearing required.
7. DEMOLITION, PARTIAL DEMOLITION, OR RELOCATION OF A
PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND
STRUCTURES OR IN A HISTORIC DISTRICT:
a. Reviewed by Historic Preservation Commission.
b. Public hearing required for demolition and off-site relocation.
DEVELOPMENT APPLICATIONS REQUIRING TWO STEPS:
1. GMQS:
and
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
(2) City Council (refer to note 2 below).
b.
Public hearing required before Planning and Zoning Commission.
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F" c. May be consolidated with a conditional use application, a special
review application, and/or an ESA application before the Planning and Zoning
Commission and with subdivision exemption application before the City Council.
2. TEXT OR MAP AMENDMENT:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
(2) City Council (refer to note 2 below).
b. Public hearing required before both Planning and Zoning
Commission and City Council.
3. GMQS EXEMPTIONS:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
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(2)
City Council (refer to note 2 below).
b. No public hearing required.
4. SUBDIVISION REVIEW:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
(2) City Council (refer to note 2 below).
b. Public hearing required before Planning and Zoning commission.
5. SIGNIFICANT DEVELOPMENT OF A PROPERTY LISTED ON THE
INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN HISTORIC
DISTRICT:
a. Reviewed by:
(1) Historic Preservation Commission (for conceptual review),
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and
(2) Historic Preservation Commission (for final review).
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b.
Public hearing required for the conceptual review.
DEVELOPMENT APPLICATIONS REQUIRING THREE STEPS
1. DESIGNATION OF HISTORIC LANDMARK OR DISTRICT:
a. Reviewed by:
(1) Historic Preservation Commission, and
(2) Planning and Zoning Commission (refer to notes 1 and 3
below), and
(3) City Council (refer to notes 2 and 3 below).
b. Public hearing required for Historic Preservation Commission,
Planning and Zoning Commission, and City Council.
c. May be consolidated with a conditional use application, a special
review application, an ESA application, and/or a GMQS exemption application before the
Planning and Zoning Commission. May be consolidated with a GMQS exemption
application and/or a subdivision exemption application before City Council.
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DEVELOPMENT APPLICATIONS REQUIRING FOUR STEPS:
1. SPA or PUD:
a. Reviewed by:
(1) Planning and Zoning Commission (for conceptual), and
(2) City Council (for conceptual), and
(3) Planning and Zoning Commission (for final) (refer to notes
1 and 3 below), and
(4) City Council (for final) (refer to notes 2 and 3 below).
b. Public hearing required for City Council (at conceptual) and
Planning and Zoning Commission (for final).
c. May be consolidated with GMQS application, GMQS exemption
application, subdivision review application, text or map amendment application,
conditional use application, special review application, and/orESA application before
Planning and Zoning Commission (for final). May be consolidated with GMQS
application, GMQS exemption application, subdivision review application, text or map
amendment application, and/or subdivision exemption application before City Council
~ (for final).
DEVELOPMENT APPLICATIONS REQUIRING SIX STEPS:
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1. SIGNIFICANT DEVELOPMENT OF A PROPERTY LISTED ON THE
INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN HISTORIC
DISTRICT IN CONJUNCTION WITH SPA OR PUD:
a. Reviewed by:
(1) Historic Preservation Commission (for conceptual), and
(2) Planning and Zoning Commission (for conceptual PUD or
SPA), and
(3) City Council (for conceptual PUD or SPA), and
(4) Historic Preservation Commission (for final), and
(5) Planning and Zoning Commission (for final PUD or SPA)
(refer to notes 1 and 3 below), and
(6) City Council (for final PUD or SPA) (refer to notes 2 and 3
below).
b. Public hearing required at Historic Preservation Commission (for
conceptual), City Council (for conceptual PUD or SPA), and Planning and Zoning
Commission (for final PUD or SPA).
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c. May be consolidated with GMQS application, GMQS exemption
application, subdivision review application, text or map amendment application,
conditional use application, special review application, and/or ESA application before
Planning and Zoning Commission (for final PUD or SPA). May be consolidated with
GMQS application, GMQS exemption application, subdivision review application, text or
map amendment application, and/or subdivision exemption application before City
Council (for final PUD or SPA).
NOTES:
1. One step Commission applications can be reviewed concurrently with a
two, three, four or six step application at the step identified in the process.
2. One step Council applications can be reviewed concurrently with a two,
three, four or six step application at the step identified in the process.
3. Two step Commission/Council applications can be reviewed concurrently
with a three, four or six step application at the step identified in the process.
ABBREVIATIONS:
ESA means Environmentally Sensitive Areas.
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GMQS means Growth Management Quota System.
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F"., PUD means Planned Unit Development.
SPA means Specially Planned Area.
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Significant Six
Development of
a property listed on
the Inventory of
Historic Sites and
Structures or in Historic
District in conjunction with
SPA, or PUD
HPC/
Commission/
Council
Yes-oAt Step
1,3, and 5
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(Code 1971, S 6-101)
Step 3, ESA at
Step 3,
Subdivision
Exemption at Step
4
Yes--GMQS
GMQs and/or
GMQS exempt.
at Step 5&6,
Subdivision
Review at Step
5&6, Text
or map amend
at Steps 5&6,
Condo Use at Step
5, Special Review
at step 5, ESA at
Step 5,
Subdivision
Exemption at Step
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26.52.020 Pre-application conference.
A. General. Prior to formal filing of a development application, it is
recommended that an applicant confer with the staff of the planning agency to obtain
information and guidance. The purpose of such a conference is to permit the applicant,
the planning director and the planning agency 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.
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 planning agency staff should identify procedural
review requirements for the proposed development, and applicable review standards and
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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. Referral agencies. The planning agency staff should identify the city, state,
and fed.eral 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 planning agency staff should 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 planning agency staff should identify the
number of copies of the development application that is 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 the number of hours of staff review time associated with
the fee.
At the conclusion of the conference, the applicants will be presented with a
written sununary of the meeting. One copy of this written sununary should be submitted
back to the planning agency at the time of submission of the development application.
(Code 1971, S 6-201)
26.52.030 Application and fees.
A. General. A development application shall be submitted in the form, and
shall include the information and materials specified for that application in this section,
and Chapters 26.56 through 26.96 and Chapter 26.100, if additional information is
required. The development application shall be accompanied by a fee, as is established
from time to time by the city council, to defray the cost of processing the application.
B. Application. All development applications shall include, at a minimum,
the following information and materials.
1. The applicant's name, address and telephone number, contained within a
letter signed by the applicant stating the name, address, and telephone number of the
representative authorized to act on behalf of the applicant.
2. The street address and legal description of the parcel on which
development is proposed to occur.
3. A disclosure of ownership of the parcel on which development is proposed
to occur, 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.
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5. A site improvement survey including topography and vegetation showing
the current status of the parcel certified by a registered land surveyor, licensed in the State
of Colorado. (This requirement, or any part thereof, may be waived by the Community
Development Department if the project is determined not to warrant a survey document.)
6. A written description of the proposal and an explanation in written,
graphic, or model form of how the proposed development complies with the review
standards relevant to the development application.
C. Consolidation of applications. If an applicant has requested the
consolidation of development applications, the director shall waive any overlapping
application submission requirements in the consolidated development application.
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 a development application may be utilized by the city in any
manner deemed necessary, including, but not limited to, recording at the Pitkin County
Clerk and Recorder, to preserve the representations made during the development review
process. (Ord. No. 6-1989, S 8; Ord. No. 56-1994, S 12: Code 1971, S 6-202)
26.52.040 Initiation of development application.
A development application may be initiated by over fifty (50) percent of the
owners of real property of a proposed development. In addition, the city councilor the
commission may initiate a development application to amend the text of this chapter or
the official zone district map (Chapter 26.92) or to designate a specially planned area
(SPA) (Chapter 26.80), and the city council, commission, or HPC may initiate a
development application to designate a H, Historic Overlay District or historic landriJ.ark
(Chapter 26.76). (Code 1971, S 6-203)
26,52,050 Determination of completeness and review by the planning director.
A. Determination of completeness.
1. Submission. In order to initiate a development application, an applicant
shall submit to the planning director the number of copies of the application, containing
that information agreed upon in the pre-application conference or required by the relevant
provisions of this title, and accompanied by the application fee.
2. Determination of completeness. After a development application has been
received, the planning director shall determine whether the application is complete. If the
planning director determines that the application is not complete, written notice shall be
served on the applicant specifying the deficiencies. The planning director shall take no
further action on the application unless the deficiencies are remedied. If the application is
determined to be complete, the planning 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 chapter.
B. Review and recommendation by planning director.
1. Comments on application from city staff. When the development
application is determined complete by the planning director, copies shall be distributed to
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appropriate city staff persons, departments and referral agencies. Any comments shall be
returned to the planning director prior to submitting a recommendation to the applicable
decision-making body.
2. Report and recommendation. The planning 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
approved, approved with conditions, or disapproved. The planning director shall attach
any referral agency comments to the report and recommendation.
C. Setting the hearing. After the planning director determines that a
development application is complete and a report and recommendation is completed, the
planning director shall establish a place and time certain for the hearing, if required, on
the development application, pursuant to the requirements of this section..If the hearing is
a public hearing required to be noticed, the planning director shall cause public notice to
be given pursuant to the procedure and requirements established in Section 26.52.060(E).
(Code 1971, S 6-204)
26.52,060 Review of a development application by decision-making bodies,
The following review, hearing, and notice procedures and requirements apply to
the review of a development application by the relevant decision-making bodies.
A. Review procedures. A development application, depending on what types
of development order it requests, shall be subject to one of the nine (9) review procedures
outlined below.
1. Planning agency staff review: Permitted uses, exemptions of development
in H Historic Overlay District and/or of a property listed on the Inventory of Historic
Sites and Structures, environmentally sensitive area (ESA), GMQS allotments, and
subdivision exemption for a lot line adjustment.
a. General. Review and approval of a development application for permitted
uses (Chapter 26.56) shall be made by the planning agency staff in the form of a .
certificate of zoning compliance issued to the chief building official. Review and
determination of exemptions for development in the H, Historic Overlay District or of a
property listed on the Inventory of Historic Sites and Structures(Chapter 26.72), in
environmentally sensitive areas (ESA) (Chapter 26.68) or for certain GMQS Allotments
(Chapter 26.100) shall be determined by the planning director.
b. Permitted uses. A development application for a permitted use shall be
reviewed and approved, approved with conditions, or disapproved by the chief building
official pursuant to the terms and standards established in Section 26.56.020.
c. Exemptions of development in H, Historic Overlay District and/or of a
property listed on the Inventory of Historic Sites and Structures. Exemption of
development in the H, Historic Overlay District and/or of a property listed on the
Inventory of Historic Sites and Structures shall be granted by the plapning, director
pursuant to the terms and standards established in Section 26.72.010(C).
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d. Exemption of development from review in environmentally sensitive area.
Exemption of development from review in environmentally sensitive areas shall be
granted by the planning director pursuant to Section 26.68.030(B), 26.68.040(B) or
26.68.050(B).
e. Exemptions of development from growth management quota system
(GMQS) allotment. Exemption of certain development from growth management quota
system (GMQS) allotment shall be granted by the planning director pursuant to the terms
established in Section 26.l00.040(A).
f. Exemption from Subdivision for Lot Line Adjustments. Exemption of
development from the terms of subdivision for lot line adjustments shall be granted by
the Planning Director pursUant to the terms established in Section 26.88.030(A)(l)
2. One-step commission review: Development application for conditional
uses, special review, and in environmentally sensitive area (ESA) requiring consolidation
with no other development application or exemption of certain development under
GMQS. A development application for conditional uses (Chapter 26.60), development
subject to special review (Chapter 26.64), and development in an environmentally
sensitive area (ESA) (Chapter 26.68) requiring consolidation with no other Development
Application and exemption of certain development from GMQS pursuant to Section
26.100.040(B) shall be reviewed by the commission pursuant to the following
procedures.
a. Public hearing by the commission for conditional uses. After receipt of the
written report and recommendation of the planning director for a conditional use (Chapter
26.60), the commission, after public notice pursuant to Section 26.52.060(E), shall hold a
public hearing to review the application. At the conclusion of the public hearing, the
commission shall determine if the development application meets the standards for a
conditional use (Section 26.60.040), and shall issue a development order approving,
approving with conditions, or disapproving the application.
b. Hearing by the commission for special review and ESA, and GMQS
exemption. After receipt of the written report and recommendations of the planning
director for development subject to special review (Chapter 26.64), development in
environmentally sensitive areas (ESA) (Chapter 26.68), or for a GMQS exemption
pursuant to Section 26.1 00.040(B), the commission shall hold a hearing to review the
application. At the conclusion of the hearing, the commission shall determine if the
development application meets the standards for special review (Section 26.64.040), ESA
(Section 26.68.030 through 26.68.050), or GMQS exemption (Section 26.1 00.040(B)),
whichever is applicable, and shall issue a development order approving, approving with
conditions, or disapproving the application, or exempting the development from GMQS.
3. One-step HPC review: Development application for minor development or
demolition in a H, Historic Overlay District or of a property listed on the Inventory of
Historic Sites and Structures requiring consolidation with no other development
application. Adevelopment application for minor development or demolition in a H,
Historic Overlay District or of a property listed on the Inventory of Historic Sites and
Structures(Chapter 26.72) only shall be reviewed by the HPC pursuant to the following
procedures.
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a. Hearing by HPC for minor development. After receipt of the written report
and recommendations of the planning director for minor development in a H, Historic
Overlay District or of a property listed on the Inventory of Historic Sites and Structures,
the HPC shall hold a hearing to review the application. At the conclusion of the hearing,
the HPC shall determine if the development application meets the standards of Section
26.72.010(D), and shall adopt a development order approving, approving with conditions,
or denying the application.
b. Public hearing by HPC for Demolition in H Historic Overlay District or
involving a property listed on the Inventory of Historic Sites and Structures. After receipt
of the written report and recommendation of the planning director for demolition of a
structure in a H, Historic Overlay District or of a property listed on the Inventory of
Historic Sites and Structures, the HPC, after public notice pursuant to Section
26.52.060(E), shall hold a public hearing to review the application. At the conclusion of
the public hearing, the HPC shall determine if the development application meets the
standards of Section 26.72.020(B), and shall adopt a development order approving,
approving with conditions, or disapproving the application.
4. On-step council review: Development application for subdivision
exemption requiring consolidation with no other development application. A
development application for subdivision exemption only (Chapter 26.88) shall be
reviewed by the city council pursuant to the following procedures.
a Hearing by council for subdivision exemption. After receipt of the written
report and recommendation of the planning director for subdivision exemption, the .
council shall hold a hearing to review the application, unless the application shall be for a
lot split, which shall require a public hearing for which notice has been provided pursuant
to Section 26.52.060(E). At the conclusion of the hearing or public hearing, as applicable,
the council shall determine if the application meets the standards of Section 26.88.030,
and shall adopt a development order approving, approving with conditions or denying the
application.
5. Two-step commission and city council review: Growth management quota
system (GMQS) allotment; subdivision review; amendment to the text of this title or the
official zone district map; and certain GMQS exemptions. Review and approval of a
development application for growth management quota system (GMQS) allotment
(Chapter 26.100), subdivision review, amendment to the text of this title or the official
zone district map and certain GMQS exemptions require review by the commission and a
final decision by the city council and may be consolidated with a development
application for a conditional use, special review or ESA.
a. GMQS allotment for a permitted use.
(1) Public hearing by commission. After receipt of the written report and
recommendations of the planning director for GMQS scoring for a permitted use, the
commission, after public notice pursuant to Section 26.52.060(E), shall hold a public
hearing to review the application. At the conclusion of the public hearing, the
commission shall determine the points accumulated by the application pursuant to the
standards of Section 26.100.060(E), (F) or (G), whichever is applicable, and shall forward
the score to the city council.
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(2) Hearing by city council. Upon receipt of the recommendation of the
. . scoring of the development application by the commission, the city council shall allocate
GMQS allotments among eligible applicants in the order of priority established by their
rank.
b. GMQS allotment consolidated with other development applications;
amendment to the text of this title or official zone district map or subdivision review or
certain GMQS exemptions alone.
'(1) Public hearings by commission. After receipt of the written report and
recommendations of the planning director for a development application for GMQS
scoring in conjunction with a development application for a conditional use, special
review, ESA, subdivision review or amendment to the text of this title or official zone
district map, or amendment to the text of this title or official zone district map or
subdivision review or certain GMQS exemptions alone, the commission, after public
notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the
application. At the conclusion of the public hearing, the commission shall determine if
the development application meets the standards of Section 26.60.040 for conditional
uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68.050 for
ESA, 26.88.040(c) for subdivision or Section 26.92.020 for an amendment to the text of
this title or the official zone district map, whichever is applicable. The commission shall
adopt a development order approving, approving with conditions, or denying that part of
the application pertaining to conditional uses, special review and ESA,. subject to
approval by the city council of the GMQS allotment for the application. The commission
shall recommend approval, approval with conditions or disapproval of the application for
subdivision review or for amendment to the text of this title or the official zone district
map or for certain exemptions from GMQS. Concurrently, the commission shall
determine the points accumulated by the application for GMQS pursuant to the standards
of Section 26.1 00.060(E), (F) or (G), whichever is applicable, and shall forward the score
to the city council. If a development application for a GMQS exemption is heard alone,
there shall be no requirement for a public hearing.
(2) Hearing/public hearing by city council. Having received the
recommendation of the scoring of the development application by the commission, the
city council shall allocate GMQS allotments among eligible applicants in the order of
priority established by their rank. If a development application for an amendment to the
text of this title or the official zone district map is consolidated with a GMQS application,
or is heard alone, the city council shall consider the consolidated applications at a public
hearing, after public notice pursuant to Section 26.52.060(E). If a development
application for subdivision review or a GMQS exemption is heard alone, there shall be no
requirement for a public hearing.
6. Two-step HPC review: Development applications for significant
development in a H, Historic Overlay District or of a property listed on the Inventory of
Historic Sites and Structures requiring consolidation with no other development
application. Review and approval of a development application for significant
development in a H, Historic Overlay District or of a property listed on the Inventory of
Historic Sites and Structures only requires review and approval of a conceptual
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development plan by the HPC and review and approval of a final development plan by
the HPC.
a. Public hearing on conceptual development plan by HPC. After receipt of
the written report and recommendation of the planning director for a conceptual
development plan for significant development in a H, Historic Overlay District or of a
property listed on the Inventory of Historic Sites and Structures, the HPC, after public
notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the
application. At the conclusion of the public hearing, the HPC shall determine if the
development application meets the standards of Section 26.72.01 O(D), and shall approve,
approve with conditions, or deny the conceptual development plan.
b. Hearing for review of final development plan by HPC. After receipt of the
written report and recommendation of the planning director for a final development plan
for significant development in a H, Historic Overlay District or of a property listed on the
Inventory of Historic Sites and Structures, the HPC shall hold a hearing to review the
final development plan. At the conclusion of the hearing the HPC shall consider the
recommendation of the planning director, determine if the final development plan is
consistent with the conceptual development plan, determine if the final development plan
meets the standards of Section 26.72.010(D), and adopt a development order approving,
approving with conditions, or disapproving the application.
7. Three-step HPC, commission, and city council review: Designation ofH,
Historic Overlay District or historic landmark. Review and approval of a development
application for designation of a H, Historic Overlay District, or of a historic landmark
requires review and recommendation by the HPC and commission, and a final decision"
by the city council pursuant to the following terms and procedures.
a. Hearing by HPC. After receipt of the written report and recommendations
of the planning director regarding a development application for designation, amendinent,
or rescission of H, Historic Overlay District or of a historic landmark designation, the
HPC shall hold a hearing to review the application. At the conclusion of the hearing, the
HPC shall determine if the development application meets the standards of Section
26.76.020, and shall recommend that a development order be adopted approving,
approving with conditions, or disapproving the application.
b. Public hearing by the commission. After recommendation of the
development application by the HPC, the commission, after public notice pursuant to
Section 26.52.060(E), shall hold a public hearing to review the application. At the
conclusion of the public hearing, the commission shall determine if the development
application meets the standards of Section 26.76.020, and shall recommend to the city
council that a development order be adopted approving, approving with conditions, or .
disapproving the application. Also, if applicable, the commission shall concurrently
determine if the application meets the standards of Section 26.60.040 for conditional
uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68.050 for
ESA, or Section 26.100.040 for certain GMQS exemptions and shall adopt a development
order approving, approving with conditions, or disapproving that part of the application
pertaining to conditional uses, special review, ESA, and GMQS exemptions subject to
approval by the city council of the development application designating the property.
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c. Public hearing by city council. After recommendation on the development
application by the commission, the city council, after public notice pursuant to Section
26.52.060(E), shall hold a public hearing to review the application. At the conclusion of
the public hearing, the city council shall consider the recommendations of the planning
director, the HPC, and the commission, determine if the development application meets
the standards of Section 26.76.020, and adopt a development order approving, approving
with conditions, or disapproving the application. If applicable, the council shall also
determine if the application meets the standards of Section 26.100.040.
8. Four-step commission and council review: SPA or PUD only; SPA or
PUD consolidated with other development applications. Review and approval of a
development application for SPA or PUD, by themselves, or in conjunction with
development applications for GMQS and GMQS exemption or conditional uses, special
review, ESA, subdivision review or an amendment to the text of this title or the official
zone district map, require review and approval under a four-step process involving review
and approval of a conceptual development plan by the commissioi). and city council, and
review and approval of a final development plan by the commission and city council.
a. Conceptual development plan review by the commission. After receipt of
the written report and recommendation of the planning director for a development
application for conceptual development plan approval, the commission shall hold a
hearing to review the conceptual development plan. At the conclusion of the hearing, the
commission shall recommend approval, approval with conditions, or denial of the
conceptual development plan pursuant to Section 26.80.040(B) or Section 26.84.030(B),
or whichever is applicable. The recommendation shall then be forwarded to the city .
council for its review. If the development application is being considered as part of a
consolidated review process with development applications for GMQS or GMQS
exemption, subdivision review, an amendment to the text of this title or the official zone
district map, or conditional use, special review, or ESA, initial review of these
applications will not be heard until the commission and city council consider the fmal
development plan. Provided, however, that at the request of the applicant, an amendment
to the text or this title or the official zone district map may be considered in conjunction
with conceptual development plan review, but final actions on such development
applications shall not be taken until review and approval of the fmal development plan is
undertaken.
b. Conceptual development plan review by city council. After receipt of the
recommendations of the commission for a development application for the conceptual
development plan, the city council, after public notice pursuant to Section 26.52.060(E),
shall hold a public hearing to review the conceptual development plan. At the conclusion
of the hearing, the city council shall approve, approve with conditions, or disapprove the
conceptual development plan pursuant to Section 26.80.040(B) or Section 26.84.030(B),
whichever is applicable.
c. Review of final development plan and other consolidated development
applications by the commission. Within one year of approval by the city council of a
conceptual development plan, a development application shall be submitted for a final
development plan or the development order for the conceptual development plan shall
automatically expire. After receipt of the written report and recommendation on the final
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development plan from the planning director, the commission, after public notice
pursuant to Section 26.52.060(E), shall hold a public hearing to review that part of the
application pertaining to the final development plan, and if applicable, development
applications for GMQS scoring or exemption, an amendment to the text of this title or the
official zone district map, or conditional use, special review, and ESA. At the conclusion
of the hearing, the commission shall determine if the final development plan meets the
standards of Section 26.80.040(B) (SPA) or Section 26.84,030(B) (PUD), whichever is
applicable, and shall recommend to the city council that a development order be adopted
approving, approving with conditions, or disapproving the final development plan. If
applicable, the commission shall also concurrently determine the points accumulated by
the application for GMQS pursuant to the standards of Section 26.1 00.060(E), (F) or (G),
whichever is applicable, and shall forward the score to the city council. If applicable, the
commission shall concurrently determine if the application meets the standards of Section
26.88.040( c) and 26.92.020 and recommend approval, approval with conditions, or
disapproval of a development application requesting subdivision review and amendment
to the text of this title or the official zone district map. Also, if applicable, the
commission shall concurrently determine if the application meets the standards of Section
26.60.040 for conditional uses, Section 26.64.040 for special review, or Section
26.68.030 through 26.68.050 for ESA, and shall adopt a development order approving,
approving with conditions, or disapproving that part of the application pertaining to
conditional uses, special review and ESA, subject to approval by the city council of the
final development plan and the GMQS allotment. .
d. Hearing/public hearing on final development plan and other consolidated
development applications by the city council. After receipt of the recommendation on the
fInal development plan, GMQS scoring or exemption, subdivision review, amendment to
the text of this title or the official zone district map from the commission, the city council
shall hold a hearing to review that part of the application pertaining to the final
development plan, GMQS allotment or exemption, subdivision review or amendment, if
applicable. At the conclusion of the hearing, the city council shall determine if the final
development plan meets the standards of Section 26.80.030(B) (SPA), or Section
26.84.030(B) (PUD), whichever is applicable, and shall adopt a development order
approving, approving with conditions, or disapproving the final development plan. If a
development application for an amendment to the text of this title or the official zone
district map is being considered, the city council shall hold a public hearing pursuant to
public notice required in Section 26.52.060(E),and shall determine if the application
meets the standards of Section 26.92.020, and shall adopt a development order approving,
approving with conditions, or disapproving the application. If a development application
'for GMQS is being reviewed, the city council shall allocate GMQS allotments among
eligible applicants in the order of priority established by their rank or shall determine if
the application meets the standards of Section 26.1 00.040(C). If a development
application for subdivision is being reviewed, the city council shall determine if the plat
meets the standards of Section 26.88.040( c) and adopt a development order approving,
approving with conditions or disapproving the application.
9. Six-step HPC, commission, and council review: Significant development
in H, Historic Overlay District or involving a property listed on the Inventory of Historic
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Sites and Structures, in conjunction with SPA or PUD, only; or consolidated with other
development applications. Review and approval of a development application for
significant development in a H, Historic Overlay District or of a property listed on the
Inventory of Historic Sites and Structures in conjunction with a development application
for SPA or PUD, by themselves, or in conjunction with development applications for
GMQS allotment or exemption, subdivision review, an amendment to the text of this title
or the official zone district map, or conditional uses, special review, or ESA, require
review and approval under a six-step process involving review and approval of the
historical district application by the HPC, review and approval of a conceptual
development plan by the commission and city council, and review and approval of a fmal
development plan by the commission and city council. .
a. Public hearing on conceptual development plan for significant
development. After receipt ofthe written report and recommendation of the planning
director for a conceptual development plan for significant development in a H, Historic
Overlay District or of a property listed on the Inventory of Historic Sites and Structures,
and after public notice pursuant to Section 26.52.060(E), the HPC shall hold a public
hearing to review the conceptual development plan and recommendations of the planning
director. At the conclusion of the public hearing, the HPC shall determine if the
conceptual development plan meets the standards of Section 26.72.010(D), and shall
approve, approve with conditions, or disapprove the conceptual development plan.
b. Conceptual development plan review by the commission. After HPC
review of the conceptual development plan for significant development in a H, Histori<<
Overlay District or of a property listed on the Inventory of Historic Sites and Structures,
and after receipt of the written report and recommendation of the planning director for a
development application for conceptual development plan approval for SPA or PUp, the
commission shall hold a hearing to review the conceptual development plan. At the
conclusion of the hearing, the commission shall recommend approval, approval with
conditions, or disapproval of the conceptual development plan pursuant to Section
26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable. The
recommendation shall then be forwarded to the city council for its review. If the
development application is being considered as part of a consolidated review process with
development applications for GMQS allotment or exemption, subdivision review, or an
amendment to the text of this title or the official zone district map, or conditional uses,
special review, or ESA, initial review of these applications will not be heard until the
commission and city council consider the fmal development plan. Provided, however,
that at the request of the applicant, an amendment to the text of this title or the official
zone district map may be considered in conjunction with conceptual development plan
review, but fmal actions on such development applications shall not be taken until review
and approval of the final development plan is undertaken.
c. Public hearing on conceptual development plan review by city council.
After receipt of the recommendations of the commission for a development application
for the conceptual development plan, the city council, after public notice pursuant to
Section 26.52.060(E), shall hold a public hearing to review the conceptual development
plan. At the conclusion of the hearing, the city council shall approve, approve with
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conditions, or disapprove the conceptual development plan pursuantto Section
26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable.
d. Hearing for final HPC review. That portion of the development application
pertaining to the final development plan for significant development in a H, Historic
Overlay District or of a property listed on the Inventory of Historic Sites and Structures
shall be reviewed after the commission and city council review of the conceptual
development plan for any consolidated development application, and prior to final
development plan review by the commission and the city council for the consolidated
applications. It shall be reviewed by the HPC pursuant to the following procedures After
receipt of the written report and recommendation of the planning director for a final
development plan for significant development in a H, Historic Overlay District or a
property listed on the Inventory of Historic Sites and Structures, the HPC shall hold a
hearing to review the fmal development plan. At the conclusion of the hearing, the HPC .
shall consider the recommendation of the planning director, determine if the final
development plan is consistent with the conceptual development plan, determine if the
final development plan meets the standards of Section 26.72.01 OeD), and adopt a
development order approving, approving with conditions, or denying the application,
subject to approval by the city council of the final development plan for the consolidated
development applications.
e. Public hearing on commission review of final development plan and other
consolidated development applications. After HPC review of the final development plan
for significant development in the H, Historic Overlay District or of a property listed on.
the Inventory of Historic Sites and Structures, and after receipt of the written report and
recommendation on the final development plan from the planning director for SPA, or
PUD, and if applicable, a development application for GMQS scoring or exemption" an
amendment to the text of this title or the official zone district map, or conditional uses,
special review, and ESA, the commission, after public notice pursuant to Section
26.52.060(D), shall hold a public hearing to review that part of the application pertaining
to the final development plan, the GMQS application, the amendment application, and the
other applications, if applicable. At the conclusion of the hearing, the commission shall
determine if the final development plan meets the standards of Section 26.80.030(B)
(SPA) or Section 26.84.030(B) (PUD), whichever is applicable, and shall recommend to
the city council that a development order be adopted approving, approving with
conditions, or denying the fmal development plan. If applicable, the commission shall
concurrently determine the points accumulated by the application for GMQS pursuant to
the standards of Section 26.1 00.060(E), (F) or (G), and shall forward the score to the city
council. If applicable, the commission shall also determine if the application meets the
standards of Section 26.88.040(C) and 26.92.020, and recommend approval, approval
with conditions, or disapproval of a development application requesting subdivision
review and amendment to the text of this title or the official zone district map. Also, if
applicable, the commission shall concurrently determine if the application meets the
standards of Section 26.60.040 for conditional uses, Section 26.64.040 for special review,
or Section 26.68.030 through 26.68.050 for ESA, and' shall adopt a development order
approving, approving with conditions, or denying that part of the application pertaining to
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conditional uses, special review and ESA, subject to approval by the city council of the
final development plan, amendment, or the GMQS allotment.
f. Hearing on city council review of final development plan and other
consolidated development applications. After receipt of the recommendation on the final
development plan, or GMQS scoring from the commission, the city council shall hold a
hearing to review that part of the application pertaining to the fmal development plan,
GMQS allotment or exemption, subdivision review, or amendment, if applicable. At the
conclusion of the hearing, the city council shall determine if the final development plan
meets the standards of Section 26.80.030(B) (SPA), or Section 26.84.030(B) (PUD),
whichever is applicable, and shall adopt a development order approving, approving with
conditions, or disapproving the final development plan. If a development application for
GMQS is being reviewed concurrently, the city council shall allocate GMQS allotments
among eligible applicants in the order of priority established by their rank or shall
determine if the application meets the standards of Section 26.100.040(C). Ifa
development application for an amendment to the text of this title or the official zone
district map is being considered, the city council shall hold a public hearing with public
notice pursuant to Section 26.52.060(E), before considering the consolidated applications.
In reviewing the amendment application, the city council shall determine if it meets the
standards of Section 26.92.020, and approve, approve with conditions, or disapprove the
application. If a development application for subdivision is being reviewed, the city
council shall determine if the plat meets the standards of Section 26.88.040(c) and shall
adopt a development order approving, approving with conditions or disapproving the .
application.
B. Modification of review procedures. In the event that an applicant believes
that the previously listed review procedures do not directly address the development
being contemplated, or that there are other unusual circumstances, the applicant may,
pursuant to Chapter 26.92, request an interpretation by the planning director as to the
appropriate review procedures for the proposed development.
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 affirmation. Testimony and evidence shall be given under oath or
by affirmation to the body conducting the hearing.
2. Rights of all persons. Any person or persons may appear at a public
hearing and submit evidence either individually or as a representative of another person
or an organization Anyone representing another person or an organization must 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 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. Any person may ask relevant questions of other persons appearing as
witnesses, but shall do so only through the discretion of the chairman or mayor. The order
of proceedings shall be as follows:
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a. The planning agency staff shall present a narrative and graphic description
of the development application.
b. The planning agency staff shall present a written and oral
recommendation. This recommendation shall address each factor required to be
considered by this title and the Aspen Area Comprehensive Plan prior to development
approval and shall be made available to the applicant submitting the development
application at least two (2) working days prior to the hearing.
c. The applicant shall present any information that it deems appropriate, and
shall demonstrate that public notice has, been given, if required.
d. Public testimony shall be heard, first in favor of the development
application, then in opposition to it.
e. The planning agency staff may respond to any statement made by the
applicant or any public comment.
f. The applicant may respond to any testimony or evidence presented by the
planning agency staff 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 may be made at the hearing or in writing within
fifteen (15) days after the close 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. No notice shall be required if 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. All adJoumed public hearings shall commence
only upon the giving of all notices which would have been required were it the initial call
of the public hearing.
6. Other rules to govem. 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 chapter. 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. The body conducting the hearing shall record the
proceedings by any appropriate means which shall be transcribed at the request of any
person.
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 planning agency staff, and the decision and report of the decision-
making body shall constitute the record.
c. Public records. All records of decision-making bodies shall be public
records, open for inspection at reasonable times and upon reasonable notice.
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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.
E. Public notice.
1. General. Prior to a public hearing on a development application, notice
shall be provided to the public, pursuant to the terms of this section. Table 6-101
establishes the steps in the development review process at which time notice is to be
. given.
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 sununary 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.
3. Manner of notice. Every notice shall be given in one or more of the
following manners, as specified in Section 26.52.060(E)( 4).
a. Publication of notice. Publication of notice shall be provided by the
planning agency at least fifteen (15) days prior to the public hearing through publication
in an official paper or a paper of general circulation in the City of Aspen in the legal
notice section. The content of the notice shall be that described in Section
26.52.060(E)(2).
b. Posting of notice. Posting of notice shall be made by the applicant, who
shall obtain a copy of the form from the planning agency, which 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 (22) inches wide and twenty-six
(26) inches high, and shall be composed of letters not less than one inch in height. The
content of the notice shall be that described in Section 26.52.060(E)(2).
c. Mailing of notice. Mailing of notice shall be made by the applicant, who
shall obtain a copy of the notice from the planning agency, which shall contain that
information described in Section 26.52.060(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 at least
five (5) days if sent by hand delivery, 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 anyfederal agen.cy, state, county, municipal govemment, school,
service district or other govemmental or quasi-govemmental 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.
4. Required notices. Notice of hearing to the public for a development
application shall take the following form.
a. Development application for permitted uses, special review, ESA, GMQS
exemptions, subdivision exemptions (other than for a lot split) or minor development in
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an "H," Historic Overlay District or involving a property listed on the Inventory of
Historic Sites and Structures. A development application for a permitted use,
development subject to special review, GMQS exemption, development in an
environmentally sensitive area (ESA) or minor development in H, Historic Overlay
District or involving a property listed on the Inventory of Historic Sites and Structures
requires no notice to the public prior to review.
b. Development application for conditional uses and variances. A
development application for a conditional use or a variance requires mailing of notice and'
posting of notice pursuant to Section 26.52.060(E)(3)(b) and (c).
c. Development application for significant development in an "H," Historic
Overlay District; demolition in an "H," Historic Overlay District; development in or
designation of specially planned area (SPA); planned unit development (PUD);
amendments to official zone district map unless for entire city; subdivision exemption for
lot split; designation of Historic Overlay District or historic landmarks; growth
management quota system (GMQS). Significant development in a H, Historic Overlay
District or of a property listed on the Inventory ofBistoric Sites and Structures,
development, demolition of a property listed on the Inventory of Historic Sites and
Structures, designation of a specially planned area (SPA), planne4 unit development
(PUD), amendments to the official zone district map unless for the entire city, subdivision
exemption for lot split, designation of Historic Overlay District or historic landmarks, and
growth management quota system (GMQS) review requires publication of notice, posting
of notice and mailing of notice pursuantto Section 26.52.060(E)(3)(a), (b) and (c).
d. Amendment to the text of this title. Amendment to the text of this title
requires publication of notice pursuant to Section 26.52.060(E)(3)(a) for Planning and
Zoning Commission public hearing and ordinance adoption procedures for City COUJlcil
public hearing.
e. Development application for subdivision. Subdivision review requires
publication of notice and mailing of notice pursuant to Section 26.52.060(E)(3)(a) and (c)
and notice by registered mail to all surface owners, mineral owners and lessees of mineral
owners of the property subject to the development application.
f. Any development application which will cover five (5) acres or more of
land. Any development application which will cover five (5) acres or more of land
requires publication of notice pursuant to Section 26.52.060(E)(3)(a) and mailing of
notice to the Colorado Land Use Commission, the state geologist, and the Pitkin County
Commissioners. In addition, a development application for subdivision approval also
requires notice by registered mail to all surface owners, mineral owners and lessees of
mineral owners of the property subject to the development application.
5. Rezoning of entire city. 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
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the public hearing on such amendments. (Ord. No. 13-1993 S 3; Ord. No. 56-1994, S 13:
Code 1971, S 6-205)
Section 3:
Section 26.72 Development in an "H," Historic Overlay District, or involving the
Inventory of Historic Sites and Structures shall be amended to read as follows:
Chapter 26.72
DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT, OR
INVOLVING THE INVENTORY OF HISTORIC SITES AND STRUCTURES
Sections:
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26,72.030
26.72.040
26,72.050
26.72.060
Minor development, significant development, and exemptions,
Demolition, partial demolition, off-site relocation, Qn-site relocation,
or temporary relocation.
Insubstantial amendment of development order.
Appeal and call up.
Variances.
Minimum maintenance requirements.
26.72.010
. 26,72,020
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26,72,010 Minor development, significant development, and exemptions,
A. General. Any development, within an "H,"Historic Overlay District, or
development involving a property listed on the Inventory of Historic Sites and Structures
must be reviewed in accordance with the provisions of this Section 26.72.010 and
Common Procedures, Chapter 26.52, unless exempted by the community development
director under Section 26.72.010 (C). If not exempted, development is categorized as
minor or significant development which must obtain approval of the HPC. Minor
development review and approval is a one-step process and requires no public hearing.
Significant development must go through a conceptual and final development plan review
and approval process, with a public hearing occurring at the time of conceptual
development plan review.
B. General prohibition. No development shall be permitted within the "H," Historic
Overlay District, or involving a property listed on the Inventory of Historic Sites and
Structures unless:
1. The development is not subject to the provisions of this section; or
2. The development is exempted pursuant to Section 26.72.010(C); or
3. The development' is approved by the HPC as either minor or significant
development pursuant to the procedures outlined in Common Procedures, Chapter 26.52,
because it meets the standards of Section 26.72.0l0(D).
C. Exemption.
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1. Development which is not subject to the provisions of this section shall include
any interior remodeling of a structure, repainting of the exterior of an already painted
structure, and choice of color of any exterior architectural feature. Such development
shall not require the review by the community development director or HPC, and shall
proceed directly to building permit review, when a building permit is required for the
development.
2. Development which the community development director shall exempt from HPC
review shall include repair of existing architectural features, replacement of architectural
features when found necessary for the preservation of the structure, and similar
remodeling activities which create no change to the exterior appearance of the structure
and have no impact on its character. The community development director shall exempt
awnings, canopies, fences, mechanical equipment or other similar attachments to, or
accessory features of a structure, provided however, that in the process of erecting said
attachments, none of the significant features of the structure are destroyed or permanently
removed. Incidental destruction or limited removal necessary to erect any attachment
shall not make the action significant development. The community development director
shall exempt signs which are not reviewed under Section 26.72.01O(F)(2)(A). Within the
Commercial Core, the community development director shall exempt any insignificant
changes in the site design of an individual property, such as paving and new street
furniture. The Community Development Director shall exempt any development required
for compliance with the Americans with Disabilities Act when it affects a nonhistoric
structure in the "H," Historic Overlay District, and has no significant impact on the
character of the structure. For any of the exemptions listed above, the Community,
Development Director may place conditions on the exemption which are relevant to
mitigation of impacts to the affected historic site or structure or to adjacent histor'<; sites
or structures. An appeal of a Community Development Director exemption is to the
historic preservation commission. The Community Development Director may also
determine that any of the above applications are more appropriately reviewed by HPC as
a minor development, because of significant effects upon historic resources.
3. Before any proposed development can be considered for an exemption under the
provisions of this section, an application for exemption shall be submitted to the
Community Development Director in the form provided by the Community Development
Director.
D. Review standards for all development in the "H," Historic Overlay District, and
all development involving properties listed on the Inventory of Historic Sites and
Structures.
1. Development in the "H," Historic Overlay District, and all development involving
properties listed on the Inventory of Historic Sites and Structures. No approval for any
development in the "H," Historic Overlay District, or involving properties listed on the
Inventory of Historic Sites and Structures shall be granted unless the HPC finds that all of
the following standards are met.
a. The proposed development is compatible in general design, massing and volume,
scale, and site plan with designated historic structures located on the parcel and with
development on adjacent parcels when the subject site is in an "H," Historic Overlay
District, or is adjacent to an historic landmark. For historic landmarks where proposed
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development would extend into front yard, side yard and rear yard setbacks, extend into
the minimum distance between buildings on the lot or exceed the allowed floor area by
up to five hundred (500) square feet or the allowed site covered by up to five (5) percent,
HPC may grant such variances after making a finding that such variation is more
compatible in character with the historic landmark and the neighborhood, than would be
development in accord with dimensional requirements. In no event shall variations
pursuant to this section exceed those variations allowed under the Cottage InfiIl Program
for detached accessory dwelling units, pursuant to section 26.40.090(B)(2).
The floor area bonus will only be awarded to projects which make an outstanding
preservation effort, for instance by retaining historic outbuildings or by creating
breezeway or connector elements between the historic resource and new construction.
Lots which are larger than nine thousand (9,000) square feet and properties which receive
approval for an historic landmark lot split may also be appropriate recipients of the
bonus. No development application which includes a request for anF AR bonus may be
submitted until the applicant has met with HPC in a workshop format to discuss whether
or not the proposal might qualify for the floor area bonus, prior to design; and
b. The proposed development reflects and is consistent with the character of the
neighborhood of the parcel proposed for development; and
c. The proposed development enhances or does not detract from the historic
significance of designated historic structures located on the parcel proposed for
development or adjacent parcels; and
d. The proposed development enhances or does not diminish or detract from ):he
architectural character and integrity of a designated historic structure or part thereof.
2. Additional development guidelines. The City Council, upon recommendation of
the HPC, shall established additional guidelines for use by HPC in the review .of all
development in an "H," Historic Overlay District, and involving properties listed on the
Inventory of Historic Sites and Structures, in accordance with the procedures in Chapter
26.08.
E. Minor development.
1. Procedure for review. Before HPC approval of minor development in the "H,"
Historic Overlay District. and of all development involving properties listed on the
Inventory of Historic Sites and Structures a development application shall be submitted to
the Community Development Director and reviewed and approved by the HPC pursuant
to the procedures established in Common Procedures, Chapter 26.52.
2. Definition. Minor development shall be defined as follows:
a. Remodeling of a structure where alterations are made to no more than one (1)
element of the structure, including but not limited to a roof, window, door, skylight,
ornamental trim, siding, kickplate, dormer, porch, staircase, and balcony;
b. Expansion or erection of a structure wherein the increase in floor area of the
structure is two hundred fifty (250) square feet or less; or
c. Erection or remodeling of combinations of, or multiples of no more than three (3)
of the following features: awnings, canopies, signs, fences and other similar attachments;
or windows, doors, skylights and dormers. Erection of more than three (3) of the above
listed features may be defined as minor if there is a finding that the cumulative impact of
such development is minor in its effect on the character of the existing structures.
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d. Erection of street furniture, signs, benches, public art, or similar development
which is to be placed throughout the Commercial Core or Main Street Historic Districts.
The Community Development Director may determine that the development is to be
reviewed as a significant development, pursuant to section 26.72.010(F). Public hearing
requirements will not apply.
3. Application. A development application for minor development shall include the
following:
a. The general application information required in section 26.52.030.
b. If determined appropriate by the Community Development Director, a site plan or
survey showing property boundaries and predominant existing site characteristics.
c. An accurate representation of all major building materials, such as samples and
photographs, to be used for the proposed development.
d. A scale drawing of the proposed development in relation to any existing structure.
e. A statement of the effect of the proposed development on the original design of
the historic structure (if applicable) and character of the neighborhood.
F. Significant development.
1. Procedure for review. Before HPC approval of significant development within an
"H," Historic Overlay District, and of all development involving properties listed on the
Inventory of Historic Sites and Structures, a conceptual development plan and fmal
development plan shall be reviewed and approved by the HPC pursuant to the procedures
established in Common Procedures, Chapter 26.52.
2. Definition. Significant development shall be defined as follows:
a. Erection of an awning, canopy, sign, fence or other similar attachments to, or
accessory features of, a structure that, in the process of erecting, cause significant features
of the structure to be permanently destroyed or removed;
b. Erection or remodeling of combinations of, or multiples of any single feature of a
structure which has not been determined to be minor;
c. Expansion or erection of a structure wherein the increase in floor area of the
structure is more than two hundred fifty (250) square feet;
d. Construction of a new structure within a "H," Historic Overlay District; and
e. The development of any property which is listed on the inventory of historic sites
and structures and which has received approval for demolition or off-site relocation when
a development plan has been required by the HPC pursuant to section 26.72.020(1)(5).
3. Conceptual development plan.
a. Development application for conceptual development plan. A development
application fora conceptual development plan shall include the following:
(1) The general application information required in section 26.52.030.
(2) A site plan and a survey showing property boundaries and predominant existing
site characteristics.
(3) Conceptual selection of major building materials to be used in the proposed
development.
(4) A statement of the effect of the proposed development on the original design of
the historic structure (if applicable) and/or character of neighborhood.
(5) Scale drawings of all elevations of any proposed structures, including a roof plan.
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(6) A visual description of the neighborhood context through at least one (1) of the
following: diagrams, maps, photographs, models, or streetscape elevations, with the
intent to provide HPC with the necessary information without adding excessive costs to
the applicant.
b. Effect of approval of conceptual development plan. Approval of a conceptual
development plan shall not constitute final approval of significant development or
permission to proceed with development Such approval shall constitute only
authorization to proceed with a development application for a final development plan.
c. Limitation on approval of conceptual development plan. Application for a final
development plan shall be filed within one (1) year of the date of approval of a
conceptual development plan. Unless an extension is granted by HPC, failure to file such
an application shall render null and void the approval of a conceptual development plan
previously granted by the HPC.
4. Final development plan.
a. Submission of application for final development plan. A development application
for a fmal development plan shall include:
(1) The general application information required in section 26.52.030.
(2) Reserved.
(3) An accurate representation of all major building materials, such as samples and
photographs, to be used for the proposed development.
(4) Finalized drawings of the proposal at 1/4" = 1'0 scale.
(5) A statement of the effect of the details of the proposed development on the
original design of the historic structure (if applicable) and character of the neighborhood.
(6) A statement of how the final development plan conforms to the representations
made during the conceptual review and responds to any conditions placed thereon.
G. Historic Landmark Lot Split. The development of all lots created pursuant to
section 26.88.030 (A)(5) shall be reviewed by HPC at a public hearing. (Ord. No. 6-1989,
S 9; Ord. No. 60-1990, S 3; Ord. No. 21-1995, S 1 (part); Ord. No. 49-1995, S 4; Ord. No.
33-1997, S 1: Code 1971, S 7-601)
26.72.020 Demolition, partial demolition, off-site relocation, on-site relocation, or
temporary relocation.
A. General. No demolition, partial demolition, off-site relocation, on-site relocation,
or temporary relocation of any structure included in the Inventory of Historic Sites and
Structures, of the City of Aspen, established pursuant to section 26.76.090, or any
structure within an "H" Historic Overlay District, shall be permitted unless the
demolition, partial demolition, off-site relocation, on-site relocation, or temporary
relocation is approved by the HPC because it meets the applicable standards of section
26.72.020(B), (C), (D), (E), or (F) unless exempted pursuant to section 26.72.020(G) or
(H). For the purposes of this section, "demolition" shall mean the total razing of any
structure on an inventoried parcel which contributes to the historic significance of that
parcel. "Partial demolition" shall mean the razing of a portion of any structure on an
inventoried parcel or the total razing of any structure on an inventoried parcel which does
not contribute to ,the historic significance of that parcel.
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B. Standards for review of demolition. No approval for demolition shall be granted
unless the HPC fmds that all of the following standards are met.
1. The structure proposed for demolition is not structurally sound despite evidence
of the owner's efforts to properly maintain the structure; and
2. The structure cannot be rehabilitated or reused on site to provide for any
reasonable beneficial use of the property; and
3. The structure cannot be practicably moved to another site in Aspen; and
4. The applicant demonstrates that the proposal mitigates to the greatest extent
practical, the following:
a. Any impacts that occur to the character of the neighborhood where demolition is
proposed to occur.
b. Any impact on the historic significance of the structure or structures located on
the parcel and adjacent parcels.
c. Any impact to the architectural character and integrity of the structure or
structures located on the parcel and adjacent parcels.
C. Standards for review of partial demolition. No approval for partial demolition
shall be granted unless the HPC fmds all of the following standards are met:
1. The partial demolition is required for the renovation, restoration or rehabilitation
of the structure, or the structure does not contribute to the historic significance of the
parcel; and
2. The applicant has mitigated, to the greatest extent possible:
a. Impacts on the historic significance of the structure or structures located on ):he
parcel by limiting demolition of original or significant features and additions.
b. Impacts on the architectural character or integrity of the structure or structures
located on the parcel by designing new additions so that they are compatible in m~s and
scale with the historic structure.
D. Standards for review of off-site relocation. No approval for off-site relocation
shall be granted unless the HPC finds that all of the following standards are met:
1. The structure cannot be rehabilitated or reused on its original site to provide for
any reasonable beneficial use of the property; and
2. The relocation activity is demoristrated to be the best preservation method for the
character and integrity of the structure, and the historic integrity of the existing
neighborhood and adjacent structures will not be diminished due to the relocation; and
3. The structure has been demonstrated to be capable of withstanding the physical
impacts of the relocation and re-siting. A structural report shall be submitted by a
licensed engineer demonstrating the soundness of the structure proposed for relocation;
and
4. A relocation plan shall be submitted, including posting a bond or other financial
security with the Engineering Department, as approved by the HPC, to insure the safe
relocation, preservation and repair (if required) of the structure, site preparation and
infrastructure connections. The receiving site shall be prepared in advance of the physical
relocation; and
5. The receiving site is compatible in nature to the structure or structures proposed to
be moved, the character of the neighborhood is consistent with the architectural integrity
of the structure, and the relocation of the historic structure would not diminish the
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integrity or character of the neighborhood of the receiving site. An acceptance letter from
the property owner of the receiving site shall be submitted.
, E. Standards for review of on-site relocation. No approval for on-site relocation shall
be granted unless the HPC finds that the standards of Section 26.72.020(D)(2), (3), and
(4) have been met. If the structure that is to be relocated does not contribute to the historic
significance of the parcel, only standard 26.72.020(D)(2) must be met.
F. Standards for review of temporary relocation. No approval for temporary
relocation shall be granted unless the HPC finds that the standards of Section
26.72.020(D)(3) and (4) have been met.
G. Exemption for structures within an "H," Historic Overlay District. The
demolition, partial demolition, off-site relocation, on-site relocation, or temporary
relocation of a structure located within an "H" Historic Overlay District, may be exempt
from meeting the applicable standards in Section 26.72.020(B), (C), (D), (E) or (F) if the
HPC finds that the following conditions have been met:
1. The structure is not identified on the Inventory of Historic Sites and Structures.
2. The structure is considered to be noncontributing to the historic district.
3. The structure does not contribute to the overall character of the historic district,
and that its demolition, partial demolition, off-site relocation, on-site relocation or
temporary relocation does not impact the character of the historic district.
4. The demolition, partial demolitio~ off-site relocation, on-site relocation or
temporary relocation is necessary for the redevelopment of the parcel.
5. The redevelopment or new development is reviewed by HPC pursuant to Section
26.72,Ol0.
H. Exemption for structures which do not contribute to the historic significance of an
inventoried parcel. A structure which does not contribute to the historic significance of an
inventoried parcel is exempt from meeting the standards of Section 26.72.020(D), off-site
relocation and Section 26.72.020(F), temporary relocation.
1. Procedure for review. A development application shall be submitted to the
community development director before HPC approval of demolition, partial demolition,
off-site relocation, on-site relocation, temporary relocation, or exemption which shall be
reviewed and approved by the HPC pursuant to the procedures established in Common
Procedures, Chapter 26.52.
The HPC shall be authorized to suspend action on demolition, partial demolition, off-
site relocation, or on-site relocation applications when it finds that it needs additional
information to determine whether the application meets the standards of Section
26.72.020 or that the proposal is a matter of such great public concern to the city that
alternatives to the demolition, partial demolition, off-site relocation or on-site relocation
must be studied jointly by the. city and the owner. Alternatives which the HPC may
consider having studied shall include, but not be limited to finding economically
beneficial uses of the structure, removal of the structure to a suitable location, providing
public subsidy to the owner to preserve the structure, identifying a public entity capable
of public acquisition of the structure, or revision to the demolition, partial demolition,
off-site relocation or on-site relocation and development plan. The HPC shall be required
to specify the additional information it requires or the altematives it finds should be
studied when it suspends action on the demolition, partial demolition, off-site relocation,
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or on-site relocation application. Action shall only be suspended for the amount of time it
shall take for the necessary information to be prepared and reviewed by the community
development director, but in no, case shall suspension be for a period to exceed six (6)
months.
1. Application for demolition, partial demolition, off-site relocation, on-site
relocation, or temporary relocation. A development application shall include the
following. Applications which affect a structure, which does not contribute to the historic
significance of the parcel shall only include the submission requirements listed in Section
26. 72.020(J)(1), (2), and (5):
1. The general application information required in Section 25.62.030.
2. A written description of the structure proposed for demolition, partial demolition,
off-site relocation, on-site relocation, temporary relocation, or exemption, and its year of
construction.
3; A report from a licensed engineer or architect regarding the soundness of the
structure and its suitability for rehabilitation.
4. For demolition or off-site relocation only: An economic feasibility report that
provides:
a. Estimated market value of the property on which the structure lies, in its current
condition, and after demolition or relocation.
b. Estimates from an architect, developer, real estate agent or appraiser experienced
in rehabilitation addressing the economic feasibility of rehabilitation or reuse of the
structure proposed for demolition or relocation.
c. All appraisals made of the property on which the structure is located made within
the previous two (2) years.
d. Any other information considered necessary to make a determination whether the
property does yield or may yield a reasonable return on investment.
5. For demolition, partial demolition, off-site relocation and on-site relocation only:
A development plan and a statement of the effect of the proposed development on the
other structures on the property and the character of the neighborhood around the
property shall be submitted so that HPC is able to make afinding whether the applicable
standards are met. In the case of a demolition or off-site relocation, the development plan
will be reviewed as a Significant Development application, pursuant to Section
26.72.010.
K. Application for demolition or exemption from demolition, partial demolition, off-
site relocation, on-site relocation, or temporary relocation. A development application for
exemption shall include all items specified in Section 26.72.020(J)(1) and (2).
1. Penalties. A violation of any portion of this Section 26.72.020 shall prohibit the
owner, successor or assigns from obtaining a building permit for the affected property for
a period of five (5) years from the date of such violation. The city shall initiate
proceedings to place a deed restriction on the property to this effect to insure the
enforcement of this penalty. (Ord. No. 17-1989, S 1; Ord. No. 9-1991, S 1; Ord. No. 21-
1995, S l(part): Code 1971, ~ 7-602)
26.72,030 Insubstantial amendment of development order.
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A. An insubstantial amendment to an approved development order may be
authorized by the community development director. An insubstantial amendment 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 be defmed as a change in shape or location of a single '
window, awning, door, staircase or other feature on the structure or use of a material
made by a different manufacturer that has the same quality and approximately the same
appearance as originally approved.
B. All other amendments shall be approved by the HPC pursuant to Section
26.72.010 or 26.72.020, whichever is applicable. (Ord. No. 21-1995, S l(part): Code
1971, S 7-603)
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26.72,040 Appeal and call up.
A. Any action by the HPC in approving, approving with conditions, or
disapproving a development order or suspending action on a demolition, partial
demolition, off-site relocation, or on-site relocation application or in rating a structure on
the inventory of historic sites and structures may be appealed to the city council.by the
applicant or a landowner within three hundred (300) feet of the subject property within
thirty (30) days of the decision. The reasons for the appeal shall be stated in writing.
The city council may also call up for review any decision of the HPC approving,
disapproving; or suspending action on a demolition, partial demolition, off-site
relocation, or on-site relocation of any structure on the inventory of historic sites and
structures by serving written notice on the HPC within thirty (30) days of the HPC's
decision and notifying the applicant of the call up. Within three (3) days of the HPC
decision, notice of the decision will be provided to Council in the form of the approved
resolution. '
B. Within thirty (30) days after the date Council decides to call up a decision
of the HPC or an appeal is filed, the council shall hold a public hearing after publishing
notice pursuant to Section 26,52.060 (E)(3)(a).
C. The city council shall consider the application on the record established
before the HPC. The city council shall affirm the decision of the HPC unless the city
council shall determine that there was an abuse of discretion, or a denial of due process
by the HPC. Upon determining that there was an abuse of discretion or denial of due
process, the city council shall be authorized to take such action as it shall deem necessary
to remedy said situation, including but not limited to reversing the decision, altering the
conditions of approval, changing the length of time during which action on a demolition,
partial demolition, off-site relocation, or on-site relocation application has been
sUspended or the terms of the suspeIlsion, or remanding the application to HPC for
rehearing. (Ord. No. 7-1989, S 2; Ord. No. 21-1995, S l(part): Code 1971, S 7-604)
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26.72.050 Variances.
The board of adjustment shall not take any action on a development application
for a variance pursuant to' Chapter 26.108, in the "H," Historic Overlay District. or
development affecting a property listed on the Inventory of Historic Sites and Structures,
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without receiving a written recommendation from the HPC. (Ord. No. 21-1"995, S l(part):
Code 1971, S 7-605)
26.72.060 Minimum maintenance requirements.
A. Purpose. The intent of this section is to reduce the incidence of
"demolition by neglect."
B. Requirements. All buildings and structures identified in the inventory of
historic sites and structures as described in Section 26.76.090, and all structures located
within a historic district, shallbe maintained to meet the requirements of the Uniform
Conservation Building Code (UCBC) and the Uniform Building Code (UBC). Said
structures shall receive reasonable care, maintenance and upkeep appropriate for the
preservation, protection, enhancement, rehabilitation, reconstruction, perpetuation or use
in compliance with the terms of this chapter.
Every owner or his designated agent in charge of such building or structure shall
keep in good repair:
1. All of the exterior portions of such improvements.
2. All interior portions thereof which, if not so maintained, may cause or tend
to cause the exterior portions of such improvements to deteriorate; decay or become
damaged or otherwise fall into a state of disrepair.
The historic preservation commission, on its own initiative, may file a petition
with the chief building official requesting that said official proceed under the provisions
of this section to require correction of defects or repairs to any structure covered by this
chapter so that such structure shall be preserved and protected in consonance with the
purpose of this chapter.
C. Demonstration of hardship. Any owner of a structure identified in the
inventory of historic sites and structures which HPC and the chief building official finds
requires such maintenance and repairs as described in this section may make application
requesting from the city council a one-time, no interest loan, in an amount not to exceed
ten thousand dollars ($10,000.00), which the owner shall agree to pay back to the city
within ten (J 0) years or when the property is sold or the title is transferred, whichever is
the soonest. An extension of the payment period may be granted by the city council,
following written request by the owner.
To be eligible for the loan, the owner shall submit a written request to the
community development director, which shall include a description of the proposed
repairs necessary to maintain the historic structure and approximate costs for such repairs.
The loan request shall also demonstrate economic hardship which previously prohibited
these repairs and that the loan amount is the minimum necessary to maintained the
structure.
The loan request shall be considered by the city council. Any loan granted by the
council shall be administered through the community development director, who shall
obtain copies of bills from the owner substantiating all expenditures made to maintain the
structure with monies obtained from the loan. '
D. Penalties waived. The general penalties for violations of the Aspen
Municipal Code contained in Chapter 1.04, Section 1.04.080, shall not apply to violations
of these minimum maintenance requirements. (Ord. No. 7-1989, S 2; Ord. No. 21-1995, S
1 (part): Code 1971, S 7-606)
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Section 4: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 5: This Ordinance shall not affect any existing litigation and shall not operate as
an abatement of any action or proceeding now. pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances. .
Section 6: A public hearing on the Ordinance was held on the 11th day of January, 1999,
at 5:00 P.M. hi the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen
(15) days prior to which hearing a public notice of the same was published once in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the 26th day of October, 1998.
ATTEST:
APPROVED AS TO FORM:
J~(g~ey
FINALLY, adopted, passed and approved this 11th day of January, 1999.
John Bennett, Mayor'
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