ADMINISTRATIVE BODIES
(a)
Generally. The administrator is the public works director or his or her designee, or such other employee of or contractor to the city as may be designated by the city manager from time to time.
(b)
Authority and responsibilities.
(1)
The administrator is designated to administer and enforce this UDC.
(2)
The administrator shall have the power to make inspections of buildings and premises to carry out the duties of the enforcement of this UDC.
(c)
Recommendations. The administrator shall make recommendations to the planning commission, zoning board of adjustment, and city council as to recommendations or decisions that said bodies are assigned under this UDC.
(d)
Decisions. The administrator shall decide the following types of applications:
(1)
Temporary use permits;
(2)
Use permits or change in use permits;
(3)
Limited use permits;
(4)
Final plats;
(5)
Site plans;
(6)
Standard-form development agreements;
(7)
Minor modifications.
(Ord. No. 33-2017, § 1, 12-6-17)
(a)
Generally. The city engineer is the official who is responsible for the approval, inspection, and acceptance of public improvements. The city engineer shall be the public works director or his or her designee.
(b)
Authority and responsibilities. The city engineer has the following authority and responsibilities:
(1)
The city engineer shall review plans for public improvements and verify that the proposed collateral for same is sufficient under this UDC.
(2)
The city engineer shall inspect public improvements and grant preliminary and final acceptance of same.
(3)
The city engineer shall conduct such other activities as directed by the city manager from time to time.
(c)
Decisions. The city engineer shall decide the following types of applications:
(1)
Stormwater management plans; and
(2)
Construction plans for public improvements.
(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 5-2020, § 22, 3-4-20)
(a)
Generally. The planning commission is established pursuant to Article XIV, Section 1, of the Charter of the City of Alamosa ("Charter").
(b)
Powers and duties. The planning commission shall have the powers and duties set forth in Article XIV, Section 2, of the Charter, and shall perform the following additional functions described in this UDC.
(c)
Decisions. The planning commission shall hear and decide or make recommendation upon, as the case may be, the following types of applications:
(1)
Conditional use (subject to ratification by the city council as set forth in subsection 21-8-105(c)(1), below).
(2)
Preliminary plat (subject to ratification by the city council as set forth in subsection 21-8-105(c)(2), below).
(3)
Final development plans (subject to ratification by the city council as set forth in subsection 21-8-105(c)(3), below).
(4)
Comprehensive plan amendments.
(5)
Variances that are applied to subdivision plats.
(d)
Recommendations. The planning commission shall make recommendations with respect to the following types of applications:
(1)
Rezoning;
(2)
Certificate of designation;
(3)
Preliminary development plan (and major amendments to PDP);
(4)
Vacation of plats;
(5)
Abandonment of easements or rights-of-way;
(6)
Text amendments to this UDC.
(e)
Membership and qualifications. Membership and qualifications shall be as set out in Article XIV, Section 1, of the Charter.
(f)
Appointment; term. The method and term of appointments shall be as set out in Article XIV, Section 1, of the Charter.
(g)
Alternate members. City council may establish, modify, or abolish by resolution one (1) or two (2) additional planning commission positions to serve in the following capacities:
(1)
The first position (the "primary alternate") may serve as an alternate in proceedings where the planning commission would otherwise be without a quorum of members eligible to vote on an issue, or who are able to participate in proceedings on a given matter. The primary alternate may also be used to establish a fully constituted planning commission during those times when a vacancy exists for a particular ward or for an at-large position when a qualified, willing person has not been appointed, despite the city's reasonable efforts to fill such position.
(2)
The second position (the "secondary alternate") is identical to the primary alternate, and shall operate identically, except that it shall serve when need arises only after the primary alternate is either already serving or cannot serve or vote.
(h)
Vacancies. if a vacancy occurs during the term of a planning commission member, the vacancy shall be filled as provided in Article XIV, Section 1, of the Charter.
(i)
Meetings.
(1)
Meetings shall be held at the call of the chair or administrator and at such other times that the majority of the members of the commission shall determine.
(2)
All meetings shall be open to the public, except that the commission may go into executive session in accordance with the Open Meetings Law.
(3)
Open meetings shall be recorded.
(4)
A quorum of the commission shall consist of three (3) voting members, and a majority vote of the members present shall constitute action by the commission.
(5)
The chair shall decide all points of order or procedure unless otherwise directed by a motion approved by a majority of the commission members present at the time.
(6)
The commission shall keep minutes of its proceedings, showing the vote of each member on every matter or, if absent or failing to vote, indicating such fact, and it shall also keep records of such proceedings, and such records shall be filed with the city clerk.
(j)
Rules. The planning commission may adopt procedural rules for the conduct of its business, which shall not be inconsistent with the requirements of this UDC.
(k)
Officers. The planning commission shall, at its first regular meeting of each calendar year, choose one (1) of its members to act as chair and one (1) member to serve as vice-chair. The chair shall preside at all meetings of the commission, except that, in his or her absence, the vice-chair shall preside. The city manager or designee shall act as secretary to the planning commission.
(l)
Consultants. The planning commission may retain consultants and technical advisors as provided in Article XIV, Section 1, of the Charter.
(m)
Compensation; reimbursement. Planning commission members serve without pay. Members may be reimbursed for expenses incurred upon approval of the city council.
(Ord. No. 33-2017, § 1, 12-6-17)
(a)
Generally. Pursuant to Article XIV, Section 5, of the Charter of the City of Alamosa ("Charter"), the Alamosa Planning Commission, established under Article XIV, Section 1, of the Charter, shall serve and act as needed, from time to time, as the zoning board of adjustment. The planning commission is appointed to this role pursuant to the power invested in the city council under Section 2(e) of said Article XIV of the Charter.
(b)
Powers and duties. The zoning board of adjustment has the following powers and duties:
(1)
To hear and decide all questions on appeal from final decisions of the administrator.
(2)
To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or determination made by an administrative official based on or made in the enforcement of this UDC.
(3)
To hear and decide (grant or deny) applications for variances, except variances applied to subdivision plats.
(4)
To hear and decide such other matters as the city council may prescribe by ordinance.
(c)
Decisions.
(1)
The zoning board of adjustment shall decide applications for variances from this UDC.
(2)
The zoning board of adjustment shall decide administrative appeals from final decisions of the administrator.
(d)
Membership and qualifications. The planning commission shall serve as the zoning board of adjustment.
(e)
Meetings. The meetings shall be held at the call of the chair and at such other times as the zoning board of adjustment may determine. The chair or, in his or her absence, the vice-chair, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
(f)
Rules.
(1)
The concurring vote of four (4) members of the board of adjustment shall be required to overturn decisions made by the administrator presented to the zoning board of adjustment.
(2)
Any other matters shall require a majority vote of members present of the zoning board of adjustment.
(3)
The zoning board of adjustment may adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this UDC.
(g)
Officers. The zoning board of adjustment shall be the same as the officers of the planning commission.
(h)
Records. The zoning board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each decision; or, if absent or failing to vote, indicating that. It shall keep records of its examinations and other official actions, all of which shall be a public record and filed immediately in the office of the board of adjustment.
(Ord. No. 33-2017, § 1, 12-6-17)
(a)
Generally. The city council is formed as provided in the Article III, of the Charter of the City of Alamosa. The city council delegates certain responsibilities for the administration of the UDC as provided herein.
(b)
Decisions. The city council retains the authority to decide the following types of applications:
(1)
Rezonings;
(2)
Certificates of designation;
(3)
Development agreements (except standard-form development agreements);
(4)
Text amendments to this UDC;
(5)
Preliminary development plans (and major changes to PDPs);
(6)
Vacations of plats;
(7)
Abandonment of easements or rights-of-way.
(c)
Ratifications.
(1)
The city council ratifies the following decisions of the planning commission:
a.
Conditional use;
b.
Preliminary plat;
c.
Final development plans.
(2)
City council ratification is by consent agenda, but in extraordinary circumstances, a planning commission decision may be removed from the consent agenda and heard by the council as provided in section 21-8-512.
(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 15-2022, § 17, 7-20-22)
ADMINISTRATIVE BODIES
(a)
Generally. The administrator is the public works director or his or her designee, or such other employee of or contractor to the city as may be designated by the city manager from time to time.
(b)
Authority and responsibilities.
(1)
The administrator is designated to administer and enforce this UDC.
(2)
The administrator shall have the power to make inspections of buildings and premises to carry out the duties of the enforcement of this UDC.
(c)
Recommendations. The administrator shall make recommendations to the planning commission, zoning board of adjustment, and city council as to recommendations or decisions that said bodies are assigned under this UDC.
(d)
Decisions. The administrator shall decide the following types of applications:
(1)
Temporary use permits;
(2)
Use permits or change in use permits;
(3)
Limited use permits;
(4)
Final plats;
(5)
Site plans;
(6)
Standard-form development agreements;
(7)
Minor modifications.
(Ord. No. 33-2017, § 1, 12-6-17)
(a)
Generally. The city engineer is the official who is responsible for the approval, inspection, and acceptance of public improvements. The city engineer shall be the public works director or his or her designee.
(b)
Authority and responsibilities. The city engineer has the following authority and responsibilities:
(1)
The city engineer shall review plans for public improvements and verify that the proposed collateral for same is sufficient under this UDC.
(2)
The city engineer shall inspect public improvements and grant preliminary and final acceptance of same.
(3)
The city engineer shall conduct such other activities as directed by the city manager from time to time.
(c)
Decisions. The city engineer shall decide the following types of applications:
(1)
Stormwater management plans; and
(2)
Construction plans for public improvements.
(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 5-2020, § 22, 3-4-20)
(a)
Generally. The planning commission is established pursuant to Article XIV, Section 1, of the Charter of the City of Alamosa ("Charter").
(b)
Powers and duties. The planning commission shall have the powers and duties set forth in Article XIV, Section 2, of the Charter, and shall perform the following additional functions described in this UDC.
(c)
Decisions. The planning commission shall hear and decide or make recommendation upon, as the case may be, the following types of applications:
(1)
Conditional use (subject to ratification by the city council as set forth in subsection 21-8-105(c)(1), below).
(2)
Preliminary plat (subject to ratification by the city council as set forth in subsection 21-8-105(c)(2), below).
(3)
Final development plans (subject to ratification by the city council as set forth in subsection 21-8-105(c)(3), below).
(4)
Comprehensive plan amendments.
(5)
Variances that are applied to subdivision plats.
(d)
Recommendations. The planning commission shall make recommendations with respect to the following types of applications:
(1)
Rezoning;
(2)
Certificate of designation;
(3)
Preliminary development plan (and major amendments to PDP);
(4)
Vacation of plats;
(5)
Abandonment of easements or rights-of-way;
(6)
Text amendments to this UDC.
(e)
Membership and qualifications. Membership and qualifications shall be as set out in Article XIV, Section 1, of the Charter.
(f)
Appointment; term. The method and term of appointments shall be as set out in Article XIV, Section 1, of the Charter.
(g)
Alternate members. City council may establish, modify, or abolish by resolution one (1) or two (2) additional planning commission positions to serve in the following capacities:
(1)
The first position (the "primary alternate") may serve as an alternate in proceedings where the planning commission would otherwise be without a quorum of members eligible to vote on an issue, or who are able to participate in proceedings on a given matter. The primary alternate may also be used to establish a fully constituted planning commission during those times when a vacancy exists for a particular ward or for an at-large position when a qualified, willing person has not been appointed, despite the city's reasonable efforts to fill such position.
(2)
The second position (the "secondary alternate") is identical to the primary alternate, and shall operate identically, except that it shall serve when need arises only after the primary alternate is either already serving or cannot serve or vote.
(h)
Vacancies. if a vacancy occurs during the term of a planning commission member, the vacancy shall be filled as provided in Article XIV, Section 1, of the Charter.
(i)
Meetings.
(1)
Meetings shall be held at the call of the chair or administrator and at such other times that the majority of the members of the commission shall determine.
(2)
All meetings shall be open to the public, except that the commission may go into executive session in accordance with the Open Meetings Law.
(3)
Open meetings shall be recorded.
(4)
A quorum of the commission shall consist of three (3) voting members, and a majority vote of the members present shall constitute action by the commission.
(5)
The chair shall decide all points of order or procedure unless otherwise directed by a motion approved by a majority of the commission members present at the time.
(6)
The commission shall keep minutes of its proceedings, showing the vote of each member on every matter or, if absent or failing to vote, indicating such fact, and it shall also keep records of such proceedings, and such records shall be filed with the city clerk.
(j)
Rules. The planning commission may adopt procedural rules for the conduct of its business, which shall not be inconsistent with the requirements of this UDC.
(k)
Officers. The planning commission shall, at its first regular meeting of each calendar year, choose one (1) of its members to act as chair and one (1) member to serve as vice-chair. The chair shall preside at all meetings of the commission, except that, in his or her absence, the vice-chair shall preside. The city manager or designee shall act as secretary to the planning commission.
(l)
Consultants. The planning commission may retain consultants and technical advisors as provided in Article XIV, Section 1, of the Charter.
(m)
Compensation; reimbursement. Planning commission members serve without pay. Members may be reimbursed for expenses incurred upon approval of the city council.
(Ord. No. 33-2017, § 1, 12-6-17)
(a)
Generally. Pursuant to Article XIV, Section 5, of the Charter of the City of Alamosa ("Charter"), the Alamosa Planning Commission, established under Article XIV, Section 1, of the Charter, shall serve and act as needed, from time to time, as the zoning board of adjustment. The planning commission is appointed to this role pursuant to the power invested in the city council under Section 2(e) of said Article XIV of the Charter.
(b)
Powers and duties. The zoning board of adjustment has the following powers and duties:
(1)
To hear and decide all questions on appeal from final decisions of the administrator.
(2)
To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or determination made by an administrative official based on or made in the enforcement of this UDC.
(3)
To hear and decide (grant or deny) applications for variances, except variances applied to subdivision plats.
(4)
To hear and decide such other matters as the city council may prescribe by ordinance.
(c)
Decisions.
(1)
The zoning board of adjustment shall decide applications for variances from this UDC.
(2)
The zoning board of adjustment shall decide administrative appeals from final decisions of the administrator.
(d)
Membership and qualifications. The planning commission shall serve as the zoning board of adjustment.
(e)
Meetings. The meetings shall be held at the call of the chair and at such other times as the zoning board of adjustment may determine. The chair or, in his or her absence, the vice-chair, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
(f)
Rules.
(1)
The concurring vote of four (4) members of the board of adjustment shall be required to overturn decisions made by the administrator presented to the zoning board of adjustment.
(2)
Any other matters shall require a majority vote of members present of the zoning board of adjustment.
(3)
The zoning board of adjustment may adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this UDC.
(g)
Officers. The zoning board of adjustment shall be the same as the officers of the planning commission.
(h)
Records. The zoning board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each decision; or, if absent or failing to vote, indicating that. It shall keep records of its examinations and other official actions, all of which shall be a public record and filed immediately in the office of the board of adjustment.
(Ord. No. 33-2017, § 1, 12-6-17)
(a)
Generally. The city council is formed as provided in the Article III, of the Charter of the City of Alamosa. The city council delegates certain responsibilities for the administration of the UDC as provided herein.
(b)
Decisions. The city council retains the authority to decide the following types of applications:
(1)
Rezonings;
(2)
Certificates of designation;
(3)
Development agreements (except standard-form development agreements);
(4)
Text amendments to this UDC;
(5)
Preliminary development plans (and major changes to PDPs);
(6)
Vacations of plats;
(7)
Abandonment of easements or rights-of-way.
(c)
Ratifications.
(1)
The city council ratifies the following decisions of the planning commission:
a.
Conditional use;
b.
Preliminary plat;
c.
Final development plans.
(2)
City council ratification is by consent agenda, but in extraordinary circumstances, a planning commission decision may be removed from the consent agenda and heard by the council as provided in section 21-8-512.
(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 15-2022, § 17, 7-20-22)