2-10 Review, Decision-Making, and Appeal Bodies

(a) General

• The administration of this Land Use Code shall be within the power of the Board of County Commissioners (Board) and such power shall be executed in accordance with those delegations of authority established by this chapter and other provisions of this Land Use Code. The delegations of authority currently approved by the Board of County Commissioners are summarized in Table 2-1.

(a) Establishment

There is hereby established the Pitkin County Planning and Zoning Commission:

1. The Planning and Zoning Commission shall consist of three (3) to nine (9) members and not more than four (4) alternates, as appointed by the Board.
2. Each member and alternate shall be a resident of the County.
3. The term of each member is three (3) years, with the terms of approximately one-third (1/3) of the members expiring each year.
4. This Commission may be called the "Planning and Zoning Commission" or "P&Z Commission" in this Land Use Code or in other official and unofficial documents and actions.
5. The Planning and Zoning Commission shall annually elect a chairperson to serve a one-year term.
6. The Board shall fill vacancies and shall remove a member for nonperformance of duty or misconduct as it deems appropriate in the exercise of its discretion. In the event that any regular member is temporarily unable to act owing to an absence, illness, conflict of interest, or any other cause, such position shall be filled during such temporary disability by an alternate member in accordance with the by-laws, if applicable, or by order of the chairperson.

(b) Conduct of Business:

1. The Planning and Zoning Commission shall adopt and amend such by-laws establishing its organization, and procedures, as may be necessary. A copy of such by-laws shall be available in the Community Development Department.
2. The Commission shall keep a record of its proceedings, which record shall be open to inspection by the public at reasonable times. The Commission shall consider any expert advice that may be provided by appropriate federal, state, county, and municipal officials, departments, and agencies and in particular, by the Director of the Division of Planning in the department of Local Affairs of the State of Colorado. All state officials, departments, and agencies having information, maps and data pertinent to County Planning and Zoning are authorized and directed to make the same available for the use of the County Planning and Zoning Commission as well as to furnish such other technical assistance and advice as they may have available for such purposes.

(a) Establishment:

1. There is hereby established the Pitkin County Board of Adjustment.
2. The Board of Adjustment shall be composed of five members. The term of each member shall be two (2) years. The Board of County Commissioners shall establish staggered terms for the members.
3. The Board of County Commissioners may in its discretion appoint up to five (5) alternate Board of Adjustment members.
4. Any member of the Board of Adjustment may be removed for cause by the Board of County Commissioners.
5. Vacancies on the Board of Adjustment shall be filled by the appointment of an alternate member who shall have served a minimum of one (1) year prior to appointment as a regular member. If there is no such alternate member, the Board of County Commissioners shall appoint other alternate members, as necessary. If there are no available alternate members, vacancies may be filled by the Board of County Commissioners in the same manner as original appointments.
6. In the event that any regular member is temporarily unable to act owing to absence, illness, conflict of interest, or other cause, such position shall be filled during such temporary disability by an alternate member in accordance with the by-laws, if applicable, or by order of the chairperson.
7. Each member and alternate shall be a resident of the County.

(b) Organization

• The Board of Adjustment may adopt by-laws approved by the Board of County Commissioners to establish its organization and procedures. A copy of such by-laws shall be available in the Community Development Department. The Board of Adjustment shall elect a chairperson from its members to serve a one-year term.

(c) Conduct of Business:

• Meetings of the Board of Adjustment shall be held at the call of the chairperson and at such other times as the Board of Adjustment in its rules or by-laws may specify. The chairperson or acting chairperson may administer oaths and compel the attendance of witnesses by application to the district court. The court, upon proper showing may issue subpoenas and enforce obedience by contempt proceedings. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Adjustment and shall be a public record.

(a) Establishment

• There is hereby established within Pitkin County government the Redstone Historic Preservation Commission (RHPC) to provide for the preservation and continued integrity of the historically designated area within one thousand (1,000) feet of the established boundary of the townsite of Redstone, the Redstone Castle properties, and of other designated structures, sites and objects, and to promote the educational, cultural, economic and general welfare of the public by preserving those qualities that relate to the history of Redstone, the State of Colorado, and the nation.
  1. The Redstone Historic Preservation Commission shall consist of five (5) regular and three (3) alternate members, as appointed by the Board of County Commissioners.
  2. Members shall have an interest in and knowledge of the Redstone community and history.
  3. Each member shall have been a resident of the Crystal River Valley within the bounds of Pitkin County (from approximately nine (9) miles north of Redstone to approximately five (5) miles south) for a minimum of one (1) year.
  4. Members should include a mix of backgrounds such as architecture, real estate, history, law, engineering and long-term residents.
  5. Members should include a balance of property owners and renters.
  6. Alternates shall act only in the event of the absence of the regular member. The chairman shall appoint any alternate present to act in the absence of a regular member.
  7. Members shall serve for two (2) year terms, such that terms of four (4) members and the remaining four (4) members shall be completed in alternating years. Members may be reappointed for successive terms and each member shall serve until the appointment of his or her successor.
  8. Members shall serve without pay.

(b) Organization

• The RHPC shall develop and adopt by-laws to govern its operations. Such by-laws shall include provision for election of officers to include a chairperson, a vice-chairperson and a secretary (whose responsibility shall be to make and keep a thorough, accurate record of all RHPC proceedings).

(a) Establishment

• There is hereby established the Community Development Department, as a department of County government that operates in accordance with the operational, fiscal, employment and other policies and directives of the Board, including this Land Use Code. The Community Development Department includes, but is not limited to, the Planning and Zoning Office, Chief Building Official, and the Fee Administrator.

(b) Community Development Director

1. The Community Development Department's activities are under the control and direction of the Community Development Director, his or her designee, who is selected and serves in accordance with County policies. The Community Development Director reports to the County Manager. The Community Development Director shall administer and enforce this Land Use Code and has those powers and duties expressly assigned under this Land Use Code and otherwise delegated or assigned in accordance with County policy.
2. The Assistant Director of Community Development and other staff of the Department shall have such duties as the Community Development Director delegates and such other powers and duties as are expressly assigned to it under this Land Use Code or in accordance with County policy. Unless a specific limitation is stated in this Land Use Code, the Community Development Director may delegate any of his or her authorities to staff under his or her control, subject to the requirement that the staff exercise such authority in conformance with the standards and criteria contained in this Land Use Code. Decisions made by staff under authority so delegated shall be treated as having been made by the Community Development Director.
3. The Director of Community Development shall determine whether any proposed use or activity is included within a use category or use definition set forth in this Land Use Code, and shall retain a written record of such interpretations.

(c) Planning and Zoning

• The Planning and Zoning Office is hereby established within the Community Development Department to implement and enforce this Land Use Code as established by this Land Use Code and the Community Development Director.

(d) Powers and Duties

• The land use review and decision-making powers currently delegated to the Community Development Director by the Board of County Commissioners are summarized in Table 2-1.

(a) Establishment

• There is hereby established within the Community Development Department the position of Hearing Officer.

(b) Appointment

• The Hearing Officer shall be appointed by, and serve at the discretion of, the Board of County Commissioners.

(a) Establishment:

• There is hereby established within Pitkin County Government the Agricultural Building Review Committee to assist with the preservation of the rural character of the county by advising the Community Development Department to determine if agricultural buildings are designed to support an agricultural operation and are functional for agricultural uses.
  1. The Agricultural Building Review Committee members shall be appointed by the Board of County Commissioners.
  2. Members shall have an interest in and knowledge of agricultural operations and buildings.
  3. Each member and alternate shall be a resident of the County.
  4. The term of each member shall be two (2) years. The Board of County Commissioners shall establish staggered terms for the members. Members may be reappointed for successive terms and each member shall serve until the appointment of his or her successor.
  5. The Board shall fill vacancies and remove a member for nonperformance of duty or misconduct as it deems appropriate in the exercise of its discretion. In the event that any regular member is temporarily unable to act owing to an absence, illness, conflict of interest, or any other cause, such position shall be filled during such temporary disability by an alternate member in accordance with the by-laws, if applicable, or by order of the chairperson.

(b) Conduct of Business:

1. The Agricultural Building Review Committee shall adopt by-laws to establish its organization and procedures; the Board of County Commissioners shall approve the by-laws. A copy of such by-laws shall be available in the Community Development Department. The Agricultural Building Review Committee shall elect a chairperson from its members.
2. Meetings of the Agricultural Building Review Committee shall be held as specified in the by-laws. All meetings shall be open to the public. The Agricultural Building Review Committee shall keep a record of its proceedings, which record shall be open to inspection by the public at reasonable times.