This section of the Code establishes improvement standards.

5-702A.

Parking Space Description

Each off-street parking space shall be no less than nine (9) feet wide, eighteen (18) feet long, and seven (7) feet high and shall have vehicular access to a County road, street, or alley.

5-702B.

Screening

Parking lots shall be screened and concealed from arterial highways, major roads or collector streets by earth berms or landscaping.

5-702C.

Surface and Drainage

Parking spaces shall be properly drained and surfaced.

5-702D.

Location of Parking

Required parking spaces shall be located on the same lot as the principal use, unless otherwise stipulated in a Development Plan approved pursuant to these regulations. In all cases, parking shall be provided within convenient walking distance of the principal use for which parking is required, unless adequate ground transportation is provided.

5-702E.

Off-street Parking Standards

Required off-street parking shall be provided for each use as listed in this section in all zoning districts. For all uses requiring parking space in ratio to floor area, at least one (1) space shall be required for any use not meeting the minimum floor area standard. If the total number of required spaces ends in one-half (½) or more, that number shall be rounded up.

I.

Dwellings

Two (2) spaces per dwelling unit, except:

a.

One (1) space per studio or one-bedroom dwelling unit.

b.

One (1) space per Accessory dwelling unit.

II.

Home Occupations

The standard shall be determined by the Planning Commission using surveys of similar situations and its own judgment.

III.

Hotels and Motels

One (1) space per unit plus one (1) space per every three (3) employees.

IV.

Rooming and Boarding Houses

Two (2) spaces per every three (3) units plus (1) one space per every three (3) employees.

V.

Condominiums or Lodges with Kitchen Facilities in Units

One and one-half (1-½) spaces per unit plus one space per every three (3) employees.

VI.

Retail Stores, Offices, Personal Services

One (1) space per four hundred (400) square feet of floor area.

VII.

Assembly Areas: churches, auditoriums, theatres, etc.

One (1) space per three hundred (300) square feet of assembly floor area, or one (1) space per four (4) spaces of seating capacity whichever is greater.

VIII.

Eating and Drinking Establishments

One (1) space per four (4) spaces of seating capacity plus one (1) space per every three (3) employees.

IX.

Gasoline Stations and Auto Repair Shops

One (1) space per gas pump; two (2) spaces per grease rack; one (1) space per two hundred (200) square feet of general repair area.

X.

Hospitals and Schools

Spaces shall be provided on-site to satisfy the occupancy characteristics, including at last one (1) space per every three (3) employees. The standard may be altered by the Planning Commission using surveys of similar situations and its own judgment.

XI.

Industrial and Manufacturing Establishments Including Mining Operations

One (1) space per every three (3) employees on two (2) combined shifts. The standard may be altered by the Planning Commission using surveys of similar situations and its own judgment.

XII.

Commercial Recreation Areas (Ski areas, golf course, tennis and swimming clubs, etc.):

Once (1) space per three (3) potential users of the facility at maximum capacity plus one (1) space per every three (3) employees. Capacity shall be related to occupancy characteristics and duration of a normal visit to the facility. The standard shall be determined by the Planning Commission using surveys of similar situations and its own judgment.

XIII.

Mixed Use Developments

When a combination of uses exists on a single parcel (such as a planned unit development), the required parking shall be determined by the Planning Commission. The applicant shall provide a parking calculation study, prepared by a qualified transportation engineer, and supported by accepted standards or studies (e.g., the most current ITE Parking Generation Manual).

XIV.

Uses Not Identified

Parking space standards for uses not identified in this section shall be determined by the Planning Commission using surveys of similar situations and its own judgment.

5-702F.

Loading Space

For each use listed in Sections 5-702 E.VI., 5-702 E.VIII., and 5-702 E.XII. loading space at least twelve (12) feet by thirty (30) feet shall be provided for each twenty-five hundred (2500) square feet of floor area. Loading space may be required for certain additional uses at the discretion of the Planning Commission.

5-702G.

Electric Vehicle Charging

For developments requiring ten (10) parking spaces or more, one (1) Level 2 or higher electrical vehicle charging station shall be provided for the first ten (10) required parking spaces, and thereafter one (1) additional Level 2 or higher electrical vehicle charging station shall be provided for each additional twenty-five (25) parking spaces.

5-702H.

Deviation from Guidelines

If for any reason any person feels that the requirements of these parking regulations are excessive or inadequate, he/she may seek to increase or decrease the parking standards pursuant to PUD procedure, based upon the criteria set forth in Section 5-1404C.

(Res. No. 2024-46, 10-16-2024)

5-703A.

All provisions for drainage and flood control shall be established as a minimum to handle the anticipated 100-year frequency storms for maximum period of intensity over the entire drainage basin that the subdivision serves, and they shall be made in accordance with the approved improvement plan.

5-703B.

Drainage structures and ditches shall be of a size and nature sufficient to carry the calculated storm water from open drainage areas as based on standard engineering principles.

5-703C.

Where free fall of water occurs, satisfactory means shall be provided to prevent erosion of soil. Culverts shall have concrete head walls and wing walls where conditions require.

5-703D.

Standard drop inlet catch basins shall be constructed.

5-703E.

The Planning Commission may require that improvements be designed by a Colorado registered engineer.

5-703F.

Water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. On-site waste disposal systems shall be located to avoid impairment of them, or contamination from them, during or subsequent to flooding.

5-703G.

Subdivision covenants shall prohibit the storage or processing of materials within a 100-year floodplain that at times of flooding would be buoyant, flammable, explosive or potentially injurious to human, animal or plant life. The subdivision plan must be designed to prevent substantial solid debris from being carried downstream by floodwaters.

The purpose of this section is to promote the public health, safety and welfare of the residents and visitors of San Miguel County. These provisions are intended to preserve the natural beauty of San Miguel County by regulating the type, placement and physical dimensions of signs. It is also the intent of these regulations to provide for a reasonable balance between the right to utilize signs for legitimate purposes and the public's right to be protected against visual discord resulting from the unrestricted proliferation of signs.

The goals and objectives of the San Miguel County Comprehensive Development Plan and policy 2-12 of this Land Use Code, regarding preservation of open space, scenic vistas and rural character, are better achieved through the enforcement of these regulations. The public is hereby protected from dangerous traffic hazards caused by proliferation of signs, improper placement, illumination and excessive size.

5-704A.

General

All signs located in San Miguel County shall comply with the standards in this Section.

I.

Exterior signs shall be permitted only as expressly authorized in these regulations.

II.

Signs shall be set back from the right-of-way a distance equal to the front yard requirement for the zoning district in which they are located or as specifically approved on the Final Development Plan of a planned unit development.

III.

Signs shall identify only interests conducted on or uses located on the lot unless the Board of County Commissioners, upon request, determines that, as a special exception, an off-site directional sign is necessary to promote the interests of the use and public safety. A permit from the State Department of Transportation must be obtained prior to installation of an advertising sign within any State Highway right-of-way. In such cases, proof that a State permit has been issued shall be required prior to issuance of a County sign permit.

IV.

Pennants, banners, and posters may be erected advertising a special civic event. Such items may be erected two (2) weeks prior to the opening of the event advertised, and must be removed promptly following termination of the event. Banners and pennants erected under this clause may exceed the normal size limitation for temporary signs. Pennants, banners, and posters within any State Highway right-of-way must also be approved by the State Department of Transportation.

V.

Signs shall be maintained in good repair.

VI.

Signs in the Wright's Mesa (WM) Zone District shall comply with all standards in this section except:

a.

Temporary Signs (advertising the sale or lease of parcels greater than one hundred (100) acres and/or improvements thereon). Identification Signs (other than for residential use and home occupations), Directional Signs and Advertising Signs, may be up to thirty-two (32) sq. ft.

b.

Directional Signs may be permitted through Administrative Review in accordance with Sections 3-402 and 5-704 D.IV.

c.

Advertising Signs may advertise products not produced or sold on the premises if the signs are located on public property or a public facility for a public purpose. Multiple signs up to thirty-two (32) sq. ft. may be permitted.

VII.

Signs in the West End Zone District are exempt from compliance with this section except that Directional Signs and Advertising Signs for the sale of products not produced or sold on the premises are subject to administrative review and must not be greater than thirty-two (32) sq. ft.

5-704B.

Illumination

Illumination of all signs shall be in accordance with the standards in this section.

I.

The light from any illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness will not be objectionable to people in surrounding areas.

II.

No sign shall have blinking, flashing or fluttering lights or other illuminating devices that have a changing light intensity, brightness or color. Beacon lights are not permitted.

III.

No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.

IV.

Neither the direct nor reflected light from primary light sources shall create a traffic hazard to passing motorists.

V.

Gas-filled light tubes shall be allowed only when used for indirect illumination, in such a manner that light tubes are not exposed to public view.

5-704C.

Prohibited Signs

Prohibited signs are signs which:

I.

Contain statements, words, or pictures of an obscene, indecent or immoral character subject to constitutional limitations;

II.

Are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device or which hides from view any traffic or street sign or signal;

III.

Advertise business, activity, product or service not conducted on the premises upon which sign is located, such as billboards;

IV.

Have a moving part or are portable or wheeled;

V.

Contain or consist of ribbon streamers, strings of light bulbs, spinners, or other similarly moving devices; or

VI.

May swing or otherwise noticeably move as a result of wind pressure because of the manner of their suspension or attachment.

5-704D.

Permitted Signs

Signs listed in this section are permitted.

I.

Temporary Signs

All temporary signs shall comply with the standards in this section.

a.

Purpose: to announce the sale or leasing of a property or building; public events to be held; the builder or tenant of a proposed building or property; election campaigns.

b.

Size: six (6) sq. ft. per sign.

c.

Number: one (1) for each street frontage upon which the property faces, and so placed that only one (1) sign faces each street.

d.

Illumination: none.

e.

Time limit: three (3) months maximum, with two (2) renewals each of two (2) months duration upon application, except that signs announcing sale or leasing of a property or building may remain in place for seven (7) months and do not require any County permit, provided they meet all other applicable requirements of this Section 5-704 D.I. Once the purpose for which the sign has been erected has been fulfilled, the permit shall be deemed void.

f.

Traffic control signs erected by proper authority shall be exempt from these regulations.

II.

Identification Signs

All identification signs shall comply with the standards in this section.

a.

Such signs shall identify a residence, business or principal authorized use on the premises where the sign is located. An identification sign may be a wall sign, a projecting or a freestanding sign.

b.

A premises is limited to one (1) identification sign per principal use unless otherwise specifically excepted in these regulations.

c.

Size: residential use and home occupations - two (2) sq. ft. per sign. Other uses - twenty (20) sq. ft. per sign.

III.

Advertising Signs

All advertising signs shall comply with the standards in this section.

a.

Such signs may advertise the sale of products produced or sold on the premises where the sign is located. Window decals, posters, etc., shall be included in the area allowance for such signs.

b.

The total area of all such signs shall not exceed twenty (20) sq. ft. in area per face or faces for each principal use.

c.

Such signs shall not be allowed for home occupation uses.

IV.

Directional Signs

All directional signs shall comply with the standards in this section.

a.

Such signs shall show name, direction, and mileage and may be located adjacent to a public right-of-way. Signs within any State Highway right-of-way require a permit from the State Department of Transportation prior to issuance of a County sign permit.

b.

Directional signs will be permitted only when authorized by the Board of County Commissioners, upon determination that, as a special exemption, the same are necessary or convenient to the traveling public to locate distinctive objects, businesses or land uses.

c.

Permits for directional signs shall not be issued where such requirements are served by a sign installation provided by the State or County.

d.

Directional signs shall not exceed six (6) sq. ft. in area per sign and must conform to design standards set by the Board of County Commissioners. No more than two (2) such off-site signs per principal use may be allowed.

e.

No sign shall be allowed that prevents the driver of a vehicle from maintaining a clear and unobstructed view of official signs and approaching or merging traffic.

V.

Noncommercial Signs

All signs not specifically listed above and announcing the noncommercial and/or ideological views or opinions of the owner of a property shall comply with the standards in this section.

a.

Size: six (6) sq. ft. per sign.

b.

Number: one (1) for each street frontage upon which the property faces, and so placed that only one (1) sign faces each street. Such signs may contain more than one (1) message.

c.

Illumination: none.

5-704E.

Structural Characteristics

The structural characteristics of signs shall comply with the standards of this section.

I.

Free-standing signs shall not exceed twelve (12) feet in height; and shall be a minimum of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way and larger than two (2) sq. ft. in area. Each freestanding sign may have two (2) faces, each with the maximum area allowed under Section 5-704 D, provided the two (2) faces are the same size and join back-to-back without any overlap.

II.

Projecting Signs shall not be higher than the eave line or parapet wall of the principal building and shall be a minimum of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way; shall not extend more than four (4) feet from the building wall except where such a sign is an integral part of an approved canopy or awning.

III.

Wall Signs shall not be higher than the eave line or parapet wall of the principal building and no sign part, including cutout letters, shall project more than twelve (12) inches from the building wall.

5-704F.

Permits

I.

It shall be unlawful to erect, construct, reconstruct, alter, paint, or repaint, or change the use of any sign as defined in this section without first obtaining a sign permit; however, a sign permit shall not be required to repaint a sign exactly as it was permitted for the purpose of maintenance.

II.

For all sign permits required, a fee determined by the Board of County Commissioners pursuant to Section 3-1410 shall be charged to cover the costs of administration.

III.

Off-premise advertising signs within any State Highway right-of-way require a permit from the State Department of Transportation, proof of which must be furnished to the County prior to issuance of a County sign permit. An applicant must obtain conditional approval for such a sign from the County prior to applying for a permit from the State.

5-705A.

Minimum Frontage

Lots shall have a minimum frontage on a street equal to the minimum lot width.

5-705B.

Side Lines

Side lines of lots shall be as near as possible to right angles to the street line upon which the lot faces.

5-705C.

Double Frontage Lots

Lots other than corner lots having double frontage with depths of less than two hundred (200) feet will not be approved except where necessitated by topographic or other physical conditions, or where ingress or egress to and from one (1) of the streets is prohibited.

5-706A.

Monumenting

I.

Monuments shall be set at all corners, angle points, and points of curvature in the exterior boundary of the final plat, at all corners, angle points, and points of curvature within the interior of the final plat, and at all corners, angle points and points of curvature in the right-of-way lines of all streets or other parcels created for dedication for public use.

II.

One (1) or more witness corners or reference monuments may be set when a monument position falls on ground not suitable for a permanent monument. It is preferred to have witness corners set along a property line, and "WC" and the distance to the actual corner point shall be stamped on the metal cap. When a witness corner cannot be set along a property line, two (2) or more reference monuments will be set with "RM" and the distance to the actual corner point shall be stamped on the metal cap.

III.

Monuments shall not be less substantial than five-eighths-inch (5/8") iron rebar, eighteen (18) inches long, driven to a depth so that no more than four (4) inches protrudes above the ground. Affixed to the top of the monument shall be a durable metal cap stamped with the registration number of the surveyor.

IV.

If a monument position falls in solid rock or concrete, a metal cap with an attached metal stem shall be drilled into the rock or concrete and set with epoxy, or a witness corner may be set in a more practical location along the property line.

5-706B.

Inspection and Installation

All monuments shall be either installed prior to recording of the final plat or included as part of the work to be completed under an Improvement Agreement and improvement bond per Section 3-12, Section 4-508, and Section 5-9.

5-707A.

The Planning Commission may require the planting of trees and other plant material where natural trees or vegetation are destroyed by grading or other construction work, or where existing vegetation is inadequate to mitigate visual impacts of development.

5-707B.

All existing trees to be preserved, as determined by the action on the preliminary plan, shall be clearly marked prior to any grading or construction work. All existing trees to be preserved shall be protected from damage.

5-707C.

All slash materials, vegetative residues, fallen trees, limbs, roots, etc., shall be removed from the development, or, in the case of large limbs and trees, may be cut for fire wood and stacked at appropriate locations.

5-707D.

Substantial disturbances of the land created by construction of structures, roads, water, or sewer facilities, drainage control systems, installation of utilities or other improvements shall be restored by reseeding and/or revegetation of the affected area with native plant materials or appropriate substitutes.

Required fill shall be of suitable filling material and placed in such a manner as to ensure that the finished elevation of all lots and roadway areas will be adequate to protect the subdivision from flooding and to provide adequately for the passage of storm water run-off after settlement and compaction. No building or construction on filled land shall be commenced until satisfactory evidence has been submitted that the required elevation has been obtained and that the fill will provide a stable base for the construction proposed. Such evidence of satisfactory fill shall be submitted to the Board of County Commissioners, and the approval for construction of improvements upon said fill shall be granted by the County road supervisor.

All public utility structures and electricity transmission lines more than one hundred fifteen (115) kilovolts shall comply with the standards in this section. Additionally, all above ground electricity transmission or distribution lines in excess of one thousand (1,000) linear feet in length in San Miguel County are subject to compliance with the standards in this section. These standards do not apply to the normal construction of local service natural gas lines.

5-709A.

The proposed development poses no significant threat to the health, welfare and safety of the citizens of San Miguel County or the citizens of the region.

5-709B.

Construction and operation of the facility will not unreasonably impact the physical, economic, or social environment of San Miguel County or this region, including agricultural land and water.

5-709C.

Adverse impacts to the County and/or region have been identified, and the applicant has presented a satisfactory program of mitigation, including assurances of implementation.

5-709D.

Alternative sites and routes and methods to reduce the impact to the land such as combining new lines with existing lines, placing new lines underground, etc., have been identified and approved by the San Miguel County Board of County Commissioners.

5-709E.

All costs associated with the construction of new distribution lines, including any costs resulting from mitigation of visual impacts, shall be paid by the utility provider and/or the individual property owners who will connect to the new lines.

5-709F.

The benefits of the development outweigh the unavoidable and unmitigatable impacts upon the physical, social, and economic environment of San Miguel County and this region.

5-709G.

Proposed uses in Airport Reservations shall be for use by the facility and these and any other allowed facility shall meet the navigable airspace requirements of AC No. 70-7460-2-E, dated 7/5/73 and issued by the U.S. Federal Aviation Administration, Department of Commerce, as may be amended.

5-709H.

All proposed above ground extensions are routed wherever possible to:

I.

Avoid paralleling of major transportation routes;

II.

Cross any transportation route at as close to a right angle as possible;

III.

Avoid "tunnel" effect of clearing areas visible from a population concentration or major transportation route;

IV.

Avoid clear-stripping of right-of-way;

V.

Avoid corrosive soils;

VI.

Avoid creation of access way scars visible as above;

VII.

Avoid historic and archaeological sites; natural phenomenon;

VIII.

Avoid impact on wildlife and wildlife habitat;

IX.

Preserve as much as possible the natural landscape;

X.

Minimize conflict with existing and planned uses shown on the County Master Plan Map;

XI.

Maximize the natural screening potential of vegetation and topography; and

XII.

Avoid crossing or use interference with a fishery.

5-709I.

All proposed extensions of central service plant whose curvature, grade or other constraint inherent in such facility tends to require alignment along valley floors or public ways, shall avoid impacts listed in C. above; provide for recompaction to restore the original density of disturbed irrigated ground; provide for restoration of the original slope of hillsides and ridge cuts; and by innovative construction techniques minimize the width of clearing and cuts, including those required for installation of normally buried facilities above ground where such might be less disturbing to the sum of criteria of this plan.

5-709J.

These regulations shall not apply to the normal construction of individual telephone subscriber service, distribution and feeder cables, including the delivery of cable television, toll service, and extended area service telephone lines.

5-709K.

Approval shall not be considered until such time as the Public Utilities Commission has granted a Certificate of Public Necessity and Convenience, if such Certificate is required from the Public Utilities Commission.

5-710A.

Exterior Lighting Standards

I.

The purpose of this section is to provide standards for outdoor nighttime lighting design that preserves, protects, and enhances the County's night sky while conserving energy, permitting reasonable and safe nighttime use of properties, minimizing glare and obtrusive light, and helping to protect the natural environment and wildlife from the impacts of night lighting. These standards are based on the requirements of the International Dark-Sky Association (IDA) Dark Sky Reserve guidelines.

II.

Exterior Lighting Standards for All Zone Districts

The following lighting standards shall apply in all county zone districts.

a.

High-intensity sodium-vapor and similar lighting; floodlighting; lasers; or light that dynamically varies its output by intermittent flashing, blinking, rotating, or strobing shall be prohibited.

b.

Lighting Design and Shielding

i.

All exterior lighting installations subject to this Code shall be fully shielded as described by the International Dark-sky Association (IDA) and directed toward the ground or downward, shielded by roof elements, or effectively recessed.

ii.

Use lighting that has a low color temperature (less blue in its spectrum), with a maximum allowed Correlated Color Temperature of no more than two thousand seven hundred (2,700) degrees Kelvin.

iii.

In residential areas, lights shall be shielded such that the bulb is not directly visible outside the property perimeter.

iv.

Parking lots and other background spaces shall be illuminated as unobtrusively as possible with fully shielded fixtures while meeting the functional needs of safe circulation and protection of people and property. The height, number, placement and fixture type shall suit the purpose of the lighting, e.g. using bollards to illuminate walking surfaces instead of pole-mounted lights.

v.

Foreground spaces, such as building entrances and outside seating areas, shall utilize local lighting that defines the space without glare. In no case shall exterior lighting directly illuminate any point off-site.

vi.

Whenever possible, use IDA-certified dark sky friendly outdoor lighting products.

c.

Exterior lighting shall be limited to functional uses such as illumination of doorways, garage doors, decks, terraced levels, or walkways, and recreational areas when in use.

d.

Motion Sensor lights are encouraged for commercial, industrial or residential access but shall be designed so the sensor will be triggered by activity only within the owner's property lines.

e.

No exterior lighting shall be installed or used in any way that interferes with the safe movement of motor vehicles.

f.

Applications for Building Permits and Development Permits shall include an exterior lighting plan that shows the following:

i.

The locations of exterior lights on the building(s) and/or other activity or use on the property for which the application is submitted.

ii.

Description(s) of the lighting fixtures, demonstrating how lighting fixtures will comply with this section.

III.

Exempt Lighting

The following uses are exempted from the requirements of this section:

a.

Outdoor lighting fixtures existing or legally installed prior to the effective date of this section; however, when existing lighting fixtures are replaced, they will be subject to the provisions of this section.

b.

Outdoor lighting fixtures that are essential for worker's safety and efficient functioning of farms, ranches, dairies, or commercial/industrial operations. Fully shielded fixtures are encouraged.

c.

Outdoor lighting for stairs, ramps, exit signs, and other illumination required by building code. Fullyshielded fixtures are required.

d.

Outdoor lighting necessary for public safety, such as runway lighting of airports, traffic control signals, and construction projects.

e.

Holiday or temporary lighting (less than sixty (60) days use in any one year). All temporary lighting shall conform to the code to the greatest practical extent.

f.

Emergency lighting used by police, fire fighters, or medical personnel and that is in operation as long as the emergency exists.

g.

Any lighting required by federal or state regulations.

5-711A.

Accessory Storage Shed Standards

I.

Accessory Storage Shed Standards for all Zone Districts

The following accessory storage shed standards shall apply in all county zone districts.

a.

Development permits are required for sheds two hundred (200) square feet or larger in unincorporated San Miguel County (unless classified as agricultural and being used for agricultural purposes).

b.

One (1) exempt shed less than two hundred (200) square feet may be constructed on a property prior to establishment or construction of the principal use, provided the shed is used solely for storage, does not have utilities and is not placed on a permanent foundation. Exempt sheds may only be used for the storage of equipment and cannot be occupied.

c.

Storage containers are considered accessory structures, as defined herein, and are subject to the requirements of the Code.

I.

The purpose of this section is to provide standards for the proposed development on lands with remnants from past mining activities. Former mining lands may have physical hazards and environmental issues associated with past mineral exploration, production and processing. Development activities on these lands should be limited due to environmental sensitivity, geologic hazards, steep terrain, limited access, mining remnants, and other site constraints. The size, scale and location of proposed Single-family Dwellings, Accessory Structures, and other structures and uses are to be limited to avoid conflict with past and/or future mining.

II.

Review of Proposed Uses and Structures

At a minimum any proposed use or structure in areas with mining remnants is subject to Administrative Review. The purpose of the County Planning Department Administrative Review is to provide staff an opportunity to work with the owner or developer to consolidate and minimize the impacts associated with the development of dwellings, driveways or improvements, to ensure that the proposed development avoids hazards from past mining or does not conflict with future mining. As a part of an Administrative Review the Planning Director shall consider all relevant information and/or analysis provided by Referral Agencies concerning the potential impacts of the development proposal and may require the applicant to comply with any and all review comments deemed necessary to mitigate impacts.

III.

Administrative Review

All applications for Administrative Review shall include, at a minimum, the information and materials specified in Land Use Code Section 4-2 and/or as follows:

a.

If the certificate of title indicates that the mineral estate and surface estate have been severed the applicant shall, as part of the applicant's submittal for Administrative Review, send written notice of an application for approval of a development proposal to the owners of record of the severed mineral estate consistent with LUC Section 3-903.

b.

Written notice of an application for Administrative Review shall be sent to the owners of properties located adjacent to the property subject to application and notice of the application shall be posted in a conspicuous place on the subject property.

c.

The mailing of the written notice and posting of the property shall be made by the applicant, within five (5) days of submitting the application. The notice shall inform the owners of severed mineral estates and /or adjacent property owners that they have thirty (30) days from the time the notice is postmarked to notify the Planning Director in writing of any issue or objection to the proposed development.

IV.

Referral Agencies

The application shall be referred to the Colorado Division of Reclamation, Mining & Safety, Colorado Department of Public Health and Environment's Water Quality Control Division and Hazardous Materials & Waste Division, County Historical Commission, County Engineer, the Telluride Fire District, or other referral agencies, as deemed appropriate by the Planning Director to determine compliance with Land Use Code.

V.

The following must be provided as part of any application:

a.

Site Plan including:

i.

The location of all existing and proposed improvements and uses on the property including the access to the property and driveway, if any;

ii.

The size, height, number of stories and basic design of the structure(s) and including the type of materials to be used in construction;

iii.

Information regarding all existing or proposed utilities or services that may or will serve the property, including the type and layout of the water supply and sewage treatment system;

iv.

The location of any and all existing mines, mine remnants, mine openings, structures and equipment, or mine waste located on the property to be developed;

v.

Identification of Areas of State and Local Interest (1041 Environmental Hazard) as set forth in Section 5-4, and Wetland Areas as set forth in Section 5-22, and Watershed Protection Areas as set forth in Section 5-25, for all areas where development activity proposed.

vi.

The location of existing roads and Trails on the property to be developed.

b.

Mining Resource Report that addresses the following:

i.

Demonstrate compliance with all applicable state and federal requirements, if any, for reclamation, stabilization, bonding, storm water drainage and any other requirements that are deemed necessary by the Colorado Division of Reclamation, Mining & Safety, and/or Colorado Department of Public Health and Environment's Water Quality Control Division and Hazardous Materials & Waste Division to protect the public health, safety and welfare of the owner, occupants and neighbors of the property where the development is to occur.

ii.

Provide a written report, stamped and sealed by a qualified Colorado registered professional engineer, knowledgeable of mining and mining hazards, identifying any and all surface or subsurface mining related hazards on the entire claim where the development is proposed. If mining related hazards are identified, the engineer's report shall include recommended measures to adequately mitigate such surface or sub-surface mining related hazards.

VI.

Standards for All Administrative Reviews

An applicant seeking to develop a property with Mining Hazards must demonstrate that all proposed structures and uses are:

a.

Located to avoid hazards, from past mining or conflicts with potential future mining, and includes those measures recommended in the Mining Resources Report necessary to adequately mitigate surface or sub-surface mining related hazards.

b.

Minimize adverse impacts on the surrounding area.

c.

Designed, located and proposed to be operated so that the public health, safety and welfare will be protected.

d.

Consistent with the County Land Use Policies in Article 2.

e.

In compliance with Section 5-4 Areas and Activities of Local and State Interest/"1041" Environmental Hazard Review including Section 5-407 A, General Standards for Wildlife Habitat Areas, and Section 5-2203 Development in Wetland Areas, and Section 5-25 Watershed Protection Areas.

f.

Driveways may be constructed or improved to access property within a Mining Hazards area.

5-713A.

Purpose

The purpose of this Section is to establish standards to minimize the potential erosion and sedimentation impacts of development, prevent and minimize hazards to life and property, and to safeguard county infrastructure, through issuance of a Grading Permit.

5-713B.

Applicability

I.

All standards apply to all grading activity on a site.

a.

In the West End zone district, these standards will not apply to Uses Allowed by Right as set forth in Section 5-320 B.

II.

A grading permit is required for grading, excavation or placement of fill in excess of fifty (50) cubic yards. No earthwork shall be allowed until a Grading Permit is obtained.

a.

Identify the total movement of cut plus fill as measured in cubic yards. This means that when one (1) cubic yard of earth is cut, and then that same cubic yard is used as fill elsewhere on the property, it is calculated as two (2) cubic yards of earth movement (sometimes this method is referred to as "double counting"). This form of measurement takes into consideration the total disturbance of a site from its existing state.

b.

Excavation and grading associated with work for which a Building Permit is required shall be reviewed as part of the application for a Development Permit.

c.

Excavation and grading that is not associated with the construction of a building or structure, or that does not require the issuance of a Building Permit, shall be reviewed subject to the procedures and requirements for Administrative Review, per Article 3 of this Land Use Code.

III.

Exceptions. Normal grading activity associated with agriculture, irrigation ditches, water wells, onsite wastewater treatment systems, trenching for the placement of utilities, foundation construction with a valid building permit, trail or road construction by a governmental entity, or right-of-way maintenance and construction with a valid road and bridge permit are exempt from this section and shall not be required to obtain a Grading Permit.

5-713C.

Definitions. The following words and terms shall, for the purposes of the section, have the meanings shown herein. Refer to Article 7 of this Code for general definitions.

I.

Grading. Any excavating, filling or combination thereof of earth material by artificial means.

II.

Excavation. Earthen materials that are removed from an area of land, such as digging a hole, also referred to as a cut.

III.

Fill. The earthen materials that are added to an area of land, such as the placement of soil for a berm, fill in a hole or depression, or to create a slope.

5-713D.

Application Requirements. Applications for Excavation and Grading Permit shall include the following submittal items.

I.

Location Map showing the extent of the property, rights-of-way, surrounding properties, general area of proposed disturbance, and site access;

II.

Site Plan and related drawings showing the proposed extent of the excavation and grading, including contours that indicate existing grade and proposed finished grade; existing and proposed slopes indicated as number of horizontal feet per one (1) vertical foot; and driveway slopes indicated as a slope percentage. The site plan shall also show wetlands, water features within one hundred (100) feet, major vegetation (trees over four (4) inches in diameter at four (4) feet above the existing ground), and all buildings, structures, activities, uses and infrastructure within fifty (50) feet of the proposed activity.

a.

All grading plans shall show surface drainage patterns consistent with the existing road and drainage swale grades and culvert crossings.

III.

Grading Calculations.

a.

Grading calculations must include features designed to the specifications of this Code.

i.

Earthwork calculations for driveways in particular must include the minimum specifications including cut and fill slopes no steeper than two point five to one (2.5:1), and provision for emergency access, and minimum road width set forth in Section 5-502 DD of this Code. Although up to four (4) inches of road base/surfacing material is exempt from permitting, all non-foundational earthwork must be included in the grading calculations.

b.

Supply any maps, mathematics, or diagrams used to produce calculations. The Planning Director may require engineer-sealed grading calculations to verify earthwork volumes.

IV.

For projects that exceed the amounts listed herein, or for any site that contains geohazards that may be affected by the proposed activity, engineered drawings and geotechnical soils and hazards reports shall be prepared by a Colorado-Licensed Professional Engineer ("P.E."), as follows:

a.

Total movement, cut plus fill, of more than one thousand (1,000) cubic yards; or

b.

Cut in excess of three (3) feet in depth or creating a cut slope greater than five (5) feet in height or with a slope exceeding a ratio of three to one (3:1); or

c.

Having an existing slope or creating a slope that is greater than thirty percent (30%); or

d.

Retaining walls that are not laterally supported at the top and that retain in excess of four (4) feet of unbalanced fill; or

e.

Geohazards are present in, above or within one hundred (100) feet of the project site.

V.

Revegetation Plan for revegetation of all surfaces disturbed in conjunction with the Development that utilizes predominantly native species, includes replacement of topsoil, and specifies a maintenance schedule and techniques.

VI.

Weed Control Plan for the control of noxious weeds, as listed in the San Miguel County Weed Identification List, for all surfaces disturbed in conjunction with Development.

VII.

Disturbed surfaces over one (1) cumulative acre in size will require bonding for revegetation and weed control.

VIII.

At completion of grading projects designed by an Engineer, a Record Letter sealed by a Colorado-Licensed Professional Engineer verifying that design conditions were met is required prior to final inspection and signoff of Grading Permit by the Planning Department.

IX.

A copy of the State of Colorado Stormwater Permit shall be provided, where applicable.

5-713E.

Additional Provisions.

I.

All grading within a project shall be consistent with the surrounding natural landscape, natural and existing topography, existing roads, drainage swales and other human-made grading.

II.

The extent of cuts and fills shall be limited to protect the surrounding vegetation. All cut and fill slopes shall feather into the natural topography within the confines of the property boundary.

III.

Minimize the impacts of cut and fill slopes. Design slopes that are conducive to revegetation.

IV.

All fill shall be properly compacted to limit erosion, settling, or subsidence.

V.

Slopes that are steeper than two point five to one (2.5:1) shall require a retaining structure.

a.

Retaining walls greater than four (4) feet in height require a building permit and structural design by a Colorado-Licensed Professional Engineer.

VI.

Erosion controls using best management practices and revegetation shall be incorporated into the design of all developments to minimize erosion.

a.

Best management practices may include but not be limited to selective thinning of vegetation, construction of temporary diversion ditches, silt fencing and/or dust suppression.

b.

Features such as streams, ponds, drainage systems and wetlands shall be protected by appropriate erosion or sediment controls (i.e., straw-bale check dams, silt fencing, erosion control blankets, etc.) unless such features have been approved for alteration pursuant to applicable Land Use Code regulations.

c.

If the cumulative area of a disturbance equals or exceeds one (1) acre, on-site erosion control shall be planned and executed in conformance with a permit obtained from The Colorado Department of Public Health and Environment, Water Quality Control Division, stormwater discharge (COR400000 Construction Stormwater Discharge Permits).

VII.

All surface drainage patterns shall be consistent with the existing road and drainage swale grades and culvert crossings.

VIII.

Grading cannot result in the change in historic flow patterns of stormwater and surface runoff onto or off the property nor increase in off-site runoff.

IX.

In areas where drainage swales are created to direct run-off, erosion-control blankets shall be used to slow velocity of run-off, decrease erosion and promote quick revegetation.

X.

In all areas, run-off from impervious surfaces, such as roofs and paved areas, shall be directed toward natural or improved drainage channels, or shallow sloping vegetated areas.

XI.

All multifamily, mixed-use or commercial projects shall be required to provide a drainage study, prepared by a Colorado-Licensed Professional Engineer, including proposed and historic stormwater run-off calculations, that determine the volume of run-off per methods as outlined in Mile High Flood District Criteria Manuals.

XII.

Setbacks for retaining walls and cut and fill slopes shall be at least five (5) feet from property boundaries.

5-713F.

Ponds to be constructed at a depth of more than twenty-four (24) inches must obtain a grading permit and appropriate state permits prior to construction. Ponds used to store/hold water for agricultural purposes (stock ponds, irrigation ponds) and those designated by the BOCC as fire suppression ponds shall be exempt from obtaining a Grading Permit, but must obtain all required State of Colorado permits.

5-713G.

Normal agricultural grading that is exempt from the definition of this use includes but is not limited to: tilling fields, creating or altering irrigation ditch laterals, field leveling, field access roads for agricultural purposes, and other activities associated with farming and agricultural operations. Agricultural grading does not include existing grade modifications for aesthetic purposes, landscaping ponds, altering wetlands, construction of interior roads or other nonessential grading.

5-713H.

If grading will be occurring adjacent to a county roadway, finished grades are required to be reviewed and approved by the County Road and Bridge Department. Such grading is also subject to obtain the applicable County Road and Bridge Department permits.

5-713I.

The County may, as a condition of approval, require that the property owner enter into an Operation and Maintenance Agreement for excavation and grading work that has the potential to impact County Rights-Of-Way or infrastructure.

5-713J.

The Planning Director may waive any of the submittal materials, depending on the size and scope of the project and site conditions. Prior to submittal, the applicant may request a determination from the Planning Director regarding which items may be omitted from an application for a grading permit.

(Res. No. 2025-03, 2-5-2025)

The purpose of this section is to provide regulations for the use and occupancy of a recreational vehicle or other temporary shelter on individual parcels of land, and to provide minimum requirements for the protection of health and safety of the occupants. The following standards do not apply in the West End (WE) zone district except for subsection 5-714 A. III, and non-commercial camping is prohibited in the Affordable Housing Planned Unit Development (AHPUD) zone district.

5-714A.

Occupancy of Recreational Vehicles and Temporary Shelters

I.

Location

a.

The Recreational Vehicle (RV) or temporary shelter may be occupied by the landowner or by his/her guests on individual parcels for recreational or vacation purposes.

i.

RVs and temporary shelters shall not be located in the required setbacks of the underlying zoning.

II.

Number Allowed

a.

If occupied longer than fourteen (14) days in a calendar quarter, only one (1) RV or temporary shelter may be occupied on a single property at a time.

b.

Properties may be permitted to have more than one (1) RV or temporary shelter occupied at the same time for longer than fourteen (14) days, subject to approval of a Temporary Use Permit pursuant to Section 5-301 A.

III.

Standards

The following standards shall apply to the occupancy of all RVs and temporary shelters:

a.

RVs must have a current registration and/or vehicle license.

b.

To protect public safety, all RVs and temporary shelters must remain readily mobile and meet the following requirements:

i.

RVs shall not be driven or parked across, over, or on any part of the onsite waste water treatment system.

ii.

The RV or temporary shelter's hook-ups must be in compliance with all applicable building, OWTS, fire, electrical, mechanical and related codes.

c.

All waste shall be contained and disposed of in a proper manner.

i.

Gray water, toilet waste, or any other solid or liquid waste material shall not be disposed upon the ground.

ii.

RVs must be connected to an approved and appropriately sized OWTS, or transported to a sanitary dump station as needed to empty gray water and toilet waste tanks, or be serviced on-site by a certified waste hauler. Drain outlets on RVs with plumbing fixtures shall be capped unless connected to a sewage disposal system.

iii.

Refuse shall be contained in a bear-resistant enclosure.

d.

The use of a vehicle not designed or intended for occupancy is not permitted under this Section, e.g., passenger cars and light trucks, livestock trailers without living quarters, utility trailers, and similar vehicles.

e.

RVs and temporary shelters located on private property may not be leased or rented to another party for use on that property except as may permitted within an approved Campground or RV Park.

f.

All areas shall be kept free from accumulations of refuse and from health, fire, or safety hazards.

g.

If any applicable protective covenants or deed restrictions are recorded against the property in the Office of the San Miguel County Clerk and Recorder, they do not prohibit this use or the temporary housing use identified below.

IV.

Temporary Housing

A Recreational Vehicle (RV) may be used as a temporary dwelling by the property owner during construction or remodel of a single-family residence on a property subject to the following conditions:

a.

A valid building permit for the permanent single-family dwelling shall be in effect during the entire time that the RV is occupied on the site.

b.

The RV is connected to the water supply and sewage disposal system that will serve the single-family residence, unless other arrangements have been approved by the San Miguel County Environmental Health Department or the applicable water and sewer district.

c.

Refuse shall be contained in a bear-resistant container.

(Res. No. 2024-53, 12-18-2024)