1-103.A. Implement Master Plan. Implement the goals, objectives, and policies of the Telluride Master Plan;

1-103.B. Promote Health, Safety and Welfare. Promote the general health, safety and welfare of the present and future inhabitants of the Town;

1-103.C. Protect Property Values. Protect property values within the Town;

1-103.D. Preserve Neighborhoods. Preserve the neighborhoods within the Town;

1-103.E. Create Attractive Atmosphere. Create an atmosphere attractive to visitors and residents;

1-103.F. Manage Development. Manage development in a manner that encourages the preservation of scenic values, historic structures, and the unique scale of original Telluride; and

1-103.G. Prevent Hazardous Development. Prevent development that creates or adds to existing geologic hazards, erosion, flooding, or other potential dangers to life and safety, or which detracts from the quality of life in the Town.

1-104.A. Land Development. No development of land within the Town of Telluride shall be undertaken without prior approval under the provisions of this Title and other applicable laws and regulations.

1-104.B. Subdivision. Where a portion of a parcel of land has been conveyed to a separate owner and has not been subdivided in conformity with the provisions of this Code, another ordinance of the Town, or judicial decree, the portion and parcel may be deemed to be a single lot under common ownership for purposes of the Land Use Code.

1-104.C. Uses. No building, fence, sign, or other structure, or any part thereof, shall be erected, converted, enlarged, moved, or structurally altered, nor shall any land, building, structure, or premises be used for any purpose other than permitted in the zone district in which such land, building, structure or premises is located.

1-104.D. Dimensional Limitations, Parking and Other Requirements. No building or structure shall be erected, enlarged, moved or structurally altered except in conformity with the height, setback, ground coverage, bulk, density, area, and volume limitations, and parking and other regulations prescribed in Article 3, for the zone district in which such building or structure is located.

1-104.E. Existing Structures and Uses. The Town of Telluride recognizes the existence of a number of buildings and uses, many of which are determined to be historical under other sections of this Title, that fail to meet required height, setback, ground coverage, bulk, density, area, volume, parking and other regulations. These situations are addressed in Article 4, Nonconformities and in Sections 6-110 through 6-113 of this Title, providing review standards for expansion, change in use, or relocation of nonconforming uses and buildings.

1-104.F. Effect of Review. The Planning Director, P&Z and HARC within their review of any application for development are empowered to modify, approve, approve with conditions, or deny any application on the grounds of insufficient submittals for adequate review, inconsistency with the Town Master Plan or design guidelines, or non-compliance with the provisions of this title.

1-201.A. Conflicting Provisions.

1-201.B. Computation of Time.

1-201.C. Tense. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.

1-201.D. Singular/Plural. A word importing the singular number may extend and be applied to several persons and things as well as to one (1) person or thing. The use of the plural number shall include any single person or thing.

1-201.E. Shall/May. The word “shall” is mandatory; “may” is permissive; and the word “should” suggests preference or encouragement.

1-201.F. Gender. Each gender includes the masculine, feminine and neuter gender.

1-201.G. Exercise of Authority. Whenever a provision appears requiring or permitting the Town Manager or the head of a Town department to perform an act or duty, it shall be construed to authorize the Town Manager or the head of the Town department to designate and authorize subordinate officials to perform the act or duty, unless the terms of the provision or section specify otherwise.

1-202.A. Authority. The Planning Director shall have the authority to make all interpretations of the text of the Land Use Code and the boundaries of the Official Zone District Map.

1-202.B. Initiation. A request for interpretation of the text of the Land Use Code or the boundaries of the Official Zone District Map may be submitted by any affected person, any resident or real property owner in the Town of Telluride, or any person having a contractual interest in real property in the Town. The request shall be submitted in writing, shall specify the section of the Code or the area of the Map for which an interpretation is requested, and shall state the applicant’s understanding of the meaning of the section or Map boundary.

1-202.C. Rendering of Interpretation. The Planning Director shall provide the applicant with a written interpretation of the meaning of the Land Use Code section or boundary of the Official Zone District Map. The Planning Director shall consider the Town’s legislative intent, as expressed in this Title, when interpreting the Land Use Code.

An official record of all interpretations which have been rendered shall be kept in the Planning Office and be available for public inspection during normal business hours.

1-202.D. Rules for Map Interpretations. The Planning Director shall apply the following rules when interpreting the boundaries of the Official Zone District Map.

1-202.E. Appeals of Interpretations. Any person who has received a written interpretation rendered by the Planning Director may appeal the interpretation to Town Council. Appeals of interpretations shall be filed in writing with the Planning Director within thirty (30) days after the date of the Planning Director’s decision. The appeal shall be considered by Town Council within thirty (30) days after the date of its filing, or at such time as may be reasonably accommodated. The interpretation of the Planning Director shall be affirmed, modified or reversed.

1-301.A. Development or Use of Land. The erection, construction, reconstruction, alteration or use of any structure, or the use of any land, which is contrary to any provision of this Title is declared to be a violation of the laws of the Town of Telluride.

1-301.B. Subdivision. The transfer, sale, agreement to sell, or negotiation to sell any land by reference to or exhibition of or by use of a plat of a subdivision before such plat has been approved by the Town and recorded or filed in the office of the San Miguel County Clerk and Recorder is declared to be a violation of the laws of the Town of Telluride.

1-301.C. Building Permit Required. It is unlawful to commence the excavation for, or the construction of, any building or other structure, including accessory structures, or to store building materials, earth or fill, or to construct entrances or parking lots, or to commence the moving, structural alteration, conversion, extension, enlargement, alteration or repair (except repairs not requiring permits under this Title or any Town ordinance) of any structure, including accessory structures, fences or walls, until the Building Official has issued a permit for such work.

1-302.A. Enforcement By Building Official. The provisions of this Division shall be administered and enforced by the Town Building Official or such other authority as appointed by the Town Manager.

1-302.B. Authority To Inspect. The Building Official or other duly authorized person is empowered and directed to inspect and examine the use, occupation or development of land for which a development permit has been issued to determine, from time to time, whether any use, occupation, development or activity is in violation of any of the provisions of this Title or of any permit issued or required pursuant to this or other applicable regulations.

1-302.C. Right Of Entry. Should access or entry to any land or premises be refused upon request by the Building Official, an administrative search warrant may issue from the municipal court authorizing the Building Official or other designated official to enter upon such land or premises for purposes of making inspections or carrying out other duties as authorized under the municipal code.

1-302.D. Stop Work Orders. Whenever any building work is being done contrary to the provisions of this Title, the Building Official or other duly authorized person may order the work stopped by notice served in writing on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building Official to proceed with such work.

1-302.E. Notice Of Violation. Whenever the Building Official or other duly authorized person finds a violation of any of the provisions of this Title, he shall notify the person responsible for the violation in writing and shall order the necessary permit to be acquired and/or correction to be completed within a period of three months after such notice. The issuance of such an order shall in no way or manner be deemed a prerequisite to the institution of such enforcement proceedings as are set forth in Section 1-303. Compliance with such order shall not be deemed to be a defense to any alleged violation of this or other applicable regulations in any court action instituted seeking full compliance therewith.

1-302.F. Certificate of Occupancy. No change in the use or occupancy of land, nor any change of use or occupancy in an existing building shall be made, nor shall any new building be occupied for any purpose until a certificate of occupancy has been issued by the Building Official. Prior to the issuance of a certificate of occupancy, the Building Official shall examine all requirements of any development permit issued, and shall investigate the site to determine that all applicable requirements have been met and the development complies with all applicable provisions of this Title.

1-302.G. Complaints. Any person aggrieved by a violation or apparent violation of the provisions of this Title may file a written complaint with the Building Official or other duly authorized person, who shall investigate as soon as reasonably possible such complaint and take such action within a reasonable amount of time.

1-302.H. Appeals. Any aggrieved person subject to an order, notice of violation, or decision issued by the Building Official pursuant to the Building Official’s powers and duties as provided for in this Title 18 may appeal such order, notice of violation, or decision to the Town Manager within five (5) days from the date of the action complained of.

1-303.A. Violations a Misdemeanor. Violations of or failure to comply with the provisions of this Title constitute a misdemeanor and upon conviction are punishable by a fine of up to one thousand dollars ($1,000), or imprisonment for a period of up to ninety (90) days, or both such fine and imprisonment. Each day that a violation occurs or continues to exist is considered a separate offense.

1-303.B. Abatement. In the event of violation of this Title, the Town may additionally institute appropriate action to prevent, enjoin, abate, or remove the violation, to prevent the occupancy of the building, structure, or land, or to prevent any illegal act or use in or on such premises. The Town may also compel recision of any sale or lease made in violation of this Title.

1-303.C. Violation of Subdivision Regulations. Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells, agrees to sell, or negotiates to sell any land by reference to or exhibition of or by use of a plat of a subdivision before such plat has been approved by the Town and recorded or filed in the office of the San Miguel County Clerk and Recorder shall be guilty of a misdemeanor and upon conviction is punishable by a fine of up to one thousand dollars ($1,000), or imprisonment for a period of up to ninety (90) days, or both such fine and imprisonment. Each separate sale, agreement or negotiation shall constitute a separate offense.

The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies provided in this section.

The Town may enjoin such transfer or sale or agreement by action for injunction brought in any court of competent jurisdiction, and may recover the penalty by civil action in any court of competent jurisdiction.

1-303.D. Violation of Geologic Hazard or Floodplain Regulations. Any person who knowingly engages in a development in a designated area of geologic hazard or floodplain hazard or who conducts a designated activity of local or state interest, and who does not first obtain a permit pursuant to this Title, or who does not comply with permit requirements, or who acts outside the authority or contrary to the conditions of the permit, is guilty of a misdemeanor for each such violation or occurrence. Each day of a continuing violation shall be deemed to be a separate offense.

Such person may be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment for a period not to exceed ten (10) days, or by both such fine and imprisonment. Such person may also be enjoined by the Town or the Colorado Land Use Commission from engaging in such development or conducting such activity, and may be subject to such other criminal or civil liability as may be prescribed by law.

1-303.E. Unauthorized Demolition, Removal or Relocation of a Rated Structure. Penalties for unauthorized demolition, removal or relocation of a rated structure are contained in Section 7-307 of this Title.