1. The Council is both a Land Use Authority and Appeals Authority, as defined by the Act, and shall have the following powers and duties under this Ordinance:
   
   1. To adopt, and to initiate amendments to the General Plan, and all elements of the General Plan.
      
   2. To adopt, and to initiate amendments to the City’s Land Use Ordinances, including this Ordinance.
      
   3. To adopt and to initiate amendments to the City’s Land Use Resolutions, including the Administrative Manual.
      
   4. To approve, approve with conditions, or deny all Conditional Use Applications.
      
   5. To approve, approve with conditions, or deny all Conditional Use (C) Sign Applications.
      
   6. To approve, approve with conditions, or deny all concept plans for master planned developments. The Council shall receive recommendations from the Technical Review Committee and Planning Commission before taking final action on a concept plan.
      
   7. To approve, approve with requirements, or deny all preliminary applications for Master Planned Subdivisions and final applications for Master Planned subdivisions where Significant Change occurs from the preliminary approvals.
      
   8. To approve Subdivision Plat Amendments that alter dedicated public property or streets.
      
   9. To render a decision, or appoint a hearing officer to render a recommendation to the Council prior to a Council decision, if an Applicant asserts a deprivation of, or has been subject to a taking of property without just compensation, or asserts some other constitutional invalidity, as provided by Chapter 22.
      
   10. To establish a Fee Schedule by Resolution for all approvals, permits and licenses required by this Ordinance.
       
   11. To appoint a Zoning Administrator for the efficient and consistent administration of this Ordinance and to carry out the other duties and responsibilities as provided by this Ordinance.
       
   12. To appoint a Land Use Hearing Officer (hereinafter LUHO”) to carry out the duties and responsibilities as provided by this Ordinance.
       
   13. To approve all bylaws, policies, and procedures for the conduct of all duties and meetings, for the consideration of applications, and for any other purposes for the efficient functioning of the City’s Land Use Authorities.
       
   14. To take such other action(s) not expressly delegated to any other Land Use Authority.
2. All decisions of the Council, made under this Ordinance, shall take effect on the date of the Council meeting when the decision is made, unless a different date is designated by the Council at the time the decision is made.

The Gunnison City Planning Commission (hereinafter “Commission”) was heretofore created and established by the Council pursuant to the Act, or its prior enactments. The Commission is a Land Use Authority, as defined by the Act.

1. Powers and Duties. The Commission shall be an advisory body to the Council on legislative matters pertaining to the General Plan and Land Use Ordinances. The Commission shall have the following powers and duties under this Ordinance:
   1. To prepare, or cause to be prepared, the proposed General Plan, any proposed plan element, any amendments thereto, and to transmit such plan, element or amendments to the Council, with the Commission’s recommendation.
   2. To prepare or cause to be prepared all proposed City Land Use Ordinances, including all maps, any amendments thereto, and to transmit such Land Use Ordinances, maps, or amendments thereto to the Council, with the Commission’s recommendation.
   3. To hear, review and recommend approval or denial of all Applications for a General Plan Amendment and to transmit such recommendation to the Council.
   4. To hear, review and recommend approval or denial of all Applications for a Land Use Ordinance Amendment (including Land Use Ordinance text and/or map amendments) and to transmit such recommendation to the Council.
   5. To review and approve, approve with revisions, or deny all preliminary subdivision applications.
   6. To approve subdivision plat amendments that alter private property boundaries unless the amendment includes alteration of streets and public property, which are then reviewed by the City Council
      
   7. To hear, review, and approve, approve with revisions, or deny all Home Occupation Business License Applications in accordance with the city's Home Occupation Regulations.
   8. To hear, review, and recommend approval, approval with conditions, or denial of all Conditional Use Applications and to transmit such recommendation to the Council.
   9. To approve, approve with revisions, or deny all Permitted P-2 Use Applications.
   10. To approve, approve with revisions, or deny all Permitted P-2 Sign Applications.
   11. To participate in all mandatory Concept Subdivision Application reviews.
   12. To adopt bylaws, policies, and procedures for the conduct of the duties and meetings of the Commission, provided that such bylaws, policies, and procedures are approved by the Council before taking effect.
   13. Advise the Council on all other matters as the Council may direct.
2. Membership: Appointment, Removal, Terms, and Vacancies.
   
   1. The Commission shall consist of five (5) members, and may include two (2) additional alternate members as may be deemed necessary by the Mayor and Council.
      
   2. The members of the Commission shall be residents of Gunnison City.
      
   3. The Mayor, with a majority vote of the Council, shall appoint members of the Commission.
      
   4. The Mayor, with a majority vote of the Council, shall remove any member of the Commission, with or without cause.
      
   5. Members of the Commission shall serve with compensation, and the Council shall provide for reimbursement to Commission members for approved actual expenses incurred, upon presentation of proper receipts.
      
   6. Members of the Commission shall serve a term of four (4) years. Terms shall begin on January 1st of each calendar year. Member’s terms are to be staggered so that not more than two (2) member’s terms shall expire each year on December 31st. A Commission member shall not be automatically reappointed.
      
   7. At an annual organizational meeting to be held the first regular meeting in the new calendar year, and at other times as required, the members of the Commission shall, by motion and majority vote of the Commission, appoint one (1) of their members as chair and one (1) of their members as vice-chair. The chair and vice-chair shall serve a term of one (1) year. In the absence of the chair, the vice-chair shall act as chair and shall have all powers of the chair.
      
   8. The chair, or in the chair's absence, the vice-chair shall be in charge of all proceedings before the Commission, and shall take such actions as necessary to preserve order and the integrity of all proceedings before the Commission.
      
   9. Commission vacancies occurring for any reason shall be filled by the Mayor, with a majority vote of the Council. Vacancies of the Commission occurring in ways other than through the expiration of terms shall be filled for the remainder of the member’s unexpired term.
      
3. Recording Secretary. The City Recorder, or designee, shall act as the Recording Secretary of the Commission. The Recording Secretary shall keep the minutes of all proceedings of the Commission, which minutes shall be the official record of all proceedings before the Commission, attested to by a majority vote of the members of the Commission. The minutes of all meetings of the Commission shall be filed in the office of the City Recorder. All such records shall be available for public review and access in accordance with GRAMA. The Recording Secretary shall be compensated as approved by the Council.
   
4. Quorum and Necessary Vote. No meeting of the Commission shall be called to order, nor may any business be transacted without a quorum consisting of at least three (3) members of the Commission being present. The chair shall be included for purposes of establishing a quorum and shall act as a voting member of the Commission. All decisions and recommendations of the Commission shall require the concurring vote of a minimum of three (3) members of the Commission. The Commission may transmit reports of its decisions and recommendations to the Council. Any member of the Commission may also make a concurring or dissenting report or recommendation to the Council.
   
5. Effective Date of Decisions. All decisions of the Commission shall become effective on the date of the meeting when the decision is made, unless a different date is designated by the Commission at the time the decision is made.
6. Meetings, Hearings, and Procedure.
   1. The Commission shall establish a regular meeting schedule.
   2. Special meetings may be requested by a majority vote of the Commission, or by the chair of the Commission.
   3. When a matter is postponed due to lack of a quorum, the matter shall be rescheduled. The Recording Secretary shall notify all members of the Commission, and all interested parties, of the date when the rescheduled matter will be heard by the Commission.

The Gunnison City Land Use Hearing Officer (hereinafter “LUHO”) is both a Land Use Authority and Appeals Authority, as defined by the Act.

1. Powers and Duties. The LUHO shall:
   
   1. Hear and decide Applications for a Variance from the terms of this Ordinance, with a finding of an unreasonable hardship as required by the Act, and as provided by Chapter 10.
   2. Hear and decide Applications for a Determination of a Nonconforming Use, Noncomplying Structure, or other Nonconformity, as provided by Chapter 11.
   3. To act as an Appeal Authority, as provided by Chapter 13.
   4. Recommend to the Commission and Council amendments to the General Plan and any City Land Use Ordinance, as the LUHO considers necessary.
   5. To adopt bylaws, policies, and procedures for the conduct of the duties and meetings of the LUHO, provided that such bylaws, policies, and procedures are approved by the Council before taking effect.
2. The LUHO shall have no power or authority to consider any of the following.
   
   1. To hear and decide a variance or waiver to any of the standards governing the approval of a General Plan Amendment Application, or Land Use Ordinance Amendment Application.
   2. To hear and decide any Applications for a General Plan Amendment.
   3. To hear and decide any Applications for any Land Use Ordinance Amendment.
   4. Make any decisions or determinations that would have the effect of authorizing a use, which is not identified in Appendix A, Table of Uses.
   5. To take any other action, or make any decision, not expressly provided by Section 204(1).
3. Membership: Appointment, Removal, Terms, and Vacancies.
   
   1. The LUHO shall consist of a single person.
   2. The Mayor, with a majority vote of the Council, shall appoint the LUHO.
   3. The Mayor, with a majority vote of the Council, shall remove the LUHO with or without cause.
   4. The LUHO shall serve with compensation, and the Council shall provide for reimbursement to the LUHO for approved actual expenses incurred, upon presentation of proper receipts.
   5. The LUHO shall serve a term of four (4) years. The LUHO shall not be automatically reappointed.
4. Recording Secretary. The City Recorder, or designee, shall act as the Recording Secretary to the LUHO. The Recording Secretary shall keep the minutes of all proceedings of the LUHO, which minutes shall be the official record of all proceedings before the LUHO. The minutes of all meetings of the LUHO shall be filed in the office of the City Recorder. All such records shall be available for public review and access in accordance with GRAMA. The Recording Secretary shall be compensated as approved by the Council.
5. Effective date of Decisions. All decisions of the LUHO shall become effective on the date of the meeting when the decision is made, unless a different date is designated by the LUHO at the time the decision is made.
6. Meetings, Hearings, and Procedure.
   1. Regular meetings of the LUHO shall be held as required.

A Technical Review Committee (hereinafter “TRC”) may be established and created by the Mayor, with a majority vote of the Council.

1. Purpose. The purpose of the TRC is to assure that any proposed use, activity, building, or structure is consistent with the General Plan and complies with all requirements of the City’s Land Use Ordinances, including this Ordinance, all other applicable ordinances and requirements, and the Administrative Manual.
   
2. Membership. The TRC shall consist of the following persons in addition to other persons designated by the Mayor: Zoning Administrator, Public Works Director, City Engineer or consultant, Fire Chief, Gunnison Valley Police Chief. The City Administrator shall chair all TRC meetings.
   
3. Powers and Duties. The TRC shall act under the direction of the Mayor and shall have the following duties and responsibilities:
   
   1. Before a Land Use Authority considers any Permitted P-2 Use or Conditional Use Application, the TRC may review the Application to determine compliance of the Application with the General Plan and all applicable Ordinances, including this Ordinance, and the Administrative Manual.
      
   2. The TRC may provide a report to the Land Use Authority identifying compliance of any Permitted P-2 Use or Conditional Use Application with the General Plan and all applicable Ordinances, including this Ordinance, and the Administrative Manual, prior to a review and decision by a Land Use Authority.
      
   3. The TRC shall be the Land Use Authority responsible for reviewing all optional Concept Subdivision Applications for Major Residential developments or developments involving two-family structures or town homes.
      
   4. The TRC shall provide a report to the Land Use Authority, identifying ordinance compliance of any preliminary subdivision applications and shall be the Land Use Authority for any final subdivision and condominium development applications.
      
   5. The TRC may provide a report to a Land Use Authority for any General Plan matter, including all elements thereof, and all amendments thereto.
      
   6. The TRC may provide a report to a Land Use Authority for any Land Use Ordinance matter, including this Ordinance, all provisions and requirements thereof, and all amendments thereto.
      
   7. The TRC may provide a report to a Land Use Authority for any Official Map matter, including all provisions and requirements thereof.
      
   8. The TRC may provide a report to the LUHO for any Variance Application.
      
   9. The TRC may provide a report to a Land Use Authority for an Application for any approval, permit, or license.
      
   10. The TRC may present findings for consideration by a Land Use Authority in the review and decision of any Application for any approval, permit, or license.
       
4. Conduct of Meetings. The TRC shall meet as needed to review and deliberate on development applications. Meetings shall be held in the City Council chambers at City Hall subject to state open public meetings laws and notice requirements. Meetings shall be conducted to provide each TRC member with opportunity to deliver comments to applicants, for applicants to obtain clarifying information if needed from TRC members, and for TRC members to formulate final recommendations or actions in accordance with application review processes.

The Mayor, with a majority vote of the Council, shall appoint a person to carry out the administrative responsibilities of this Ordinance. The person so designated is referred to herein as the “Zoning Administrator.” The Zoning Administrator is a Land Use Authority, as defined by the Act.

1. Powers and Duties. It is the responsibility of the Zoning Administrator to ensure all administrative processes, procedures and other provisions of the Land Use Ordinances are consistently and equitably applied. The Zoning Administrator shall have the following powers and duties:
   
   1. To make necessary interpretations of this Ordinance, as provided by the Administrative Manual.
      
   2. To approve, approve with revisions, or deny Permitted P-1 Use Applications.
      
   3. To approve, approve with revisions, or deny Permitted P-1 Sign Applications.
      
   4. To participate in all Concept Subdivision Application reviews and be the land use authority for optional concept review applications for minor subdivisions.
      
   5. To perform and carry out all other duties, as identified by the Administrative Manual.

1. Powers and Duties. The City Recorder shall have the following powers and duties:
   
   1. In coordination with the Zoning Administrator, to determine completeness of all Land Use Applications, as required by Chapter 15, Administrative Manual.
      
   2. To act as the Recording Secretary for all Land Use Authorities and Appeal Authorities, as identified herein.
      
   3. To perform and carry out all other duties, as identified by this Ordinance and the Administrative Manual.

A Land Use Authority may impose an exaction, or exactions, on a Land Use Application if:

1. An essential link exists between a legitimate governmental interest and each exaction; and
   
2. Each exaction is roughly proportionate, both in nature and in extent, to the impact being created by the proposed use, activity, or development.

1. The City may acquire property through purchase, gift, voluntary dedication, or eminent domain.
   
2. A Land Use Authority may require the public dedication and improvement of a road, street, or other infrastructure or facility if the road, street, or other infrastructure or facility is found necessary by the City because of a proposed use activity, or development.