The words and phrases set out in Divisions 1 and 2 of this Article 2 shall have the meaning ascribed to them below and shall be applicable to terms used throughout the Land Use Code, unless the context otherwise requires.

The words and phrases set out in this Division shall have the meaning ascribed to them below and shall be applicable to terms used in Article 7, Historic and Architectural Review.

The words and phrases set out in this Division shall have the meaning ascribed to them below, and be applicable to the terms used in Article 8, Matters of State and Local Interest.

“Accessory building” means a detached building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot or parcel with the main building or use. Accessory buildings shall not be provided with kitchen facilities sufficient to render them suitable for permanent residential occupancy.

“Accessory use” means a use on the same site with the principal use that is naturally and normally incidental to, subordinate to, necessary for, and devoted exclusively to the main use of the premises.

“Accommodations unit” means a separate room or rooms used for accommodations.

“Accommodations” means a building containing Condominium-Hotel Rooms, Hotels, Lodges, Rooming Houses, Boarding Houses, or Short-term Dwelling Units.

“Adult” means any person who has attained his twenty-first (21st) birthday.

“Affordable Housing Unit” means a dwelling unit approved pursuant to Article 3 Division 7 with a restricted rent or sale price and occupancy requirements as described in the Telluride Affordable Housing Guidelines, as amended.

“Agricultural land” means, for purposes of Article 6, Division 6, “Annexations”, land used for the growing of crops, truck gardening, the grazing of farm animals, and other agricultural pursuits, in contrast to land used for urban development.

“Architectural feature” means turrets, towers, cupolas or other such architectural elements which project from the major roof plane of the building.

“Applicant” means any person or entity and the successors and assigns of any such person or entity applying for development approval pursuant to this Title.

“Attached” means a physical connection of a foundation, wall, or roof between two (2) buildings. If the method by which the buildings are attached includes an above grade wall, or an above grade wall with a roof, or has a common wall, then the attached buildings shall be considered to be a single structure for the purposes of determining site coverage and gross floor area. If the attachment is above grade, does not enclose area and does not include a wall, then the area of attachment shall not be counted for the purposes of determining site coverage. If the attachment is below grade and is not exclusively used for the storage of motor vehicles then the area of the attachment shall be counted for purposes of determining site coverage.

See the definition of a floor.

“Billiard Parlor” means a building that is used for playing billiards containing predominantly pool tables that may include the serving of alcohol and food in accordance with the requirements of the Municipal Code.

“Block” means a unit of land bounded by streets, or a combination of streets, alleys, transportation routes such as railroad rights of way, or other physical barriers such as waterways, public lands, or public open space.

“Block front” means all of the property on one side of a street between two intersecting streets.

“Boardinghouse” or “Roominghouse” means a building, or portion thereof, which is principally used to accommodate, for compensation, five (5) or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. “Compensation” includes compensation in money, services or other things of value.

“Building” means any permanent structure built for the shelter, occupancy or enclosure of persons, animals, chattels or property of any kind.

“Building Frontage” means the lineal distance of the façade of a building measured along the lot frontage, which is occupied by a particular land use, such as a Service Commercial Use or a Retail use, measured from the edge of a building to the edge of building, or to the centerline of a wall separating uses. Breezeways or entry vestibules are typically measured from the edge of the openings. Please refer to Section 3-213.F.1 for more information.

“Building Official” means the Town official designated by the Town Manager as the person responsible for enforcing the Building Codes and Land Use Code, and the issuance of building permits pursuant to these codes.

“Building volume” shall mean the above grade volume of a building as measured in cubic feet located above a plane located at the original, pre construction or post-construction grade, whichever is more restrictive, of a building site measured from the outside of the exterior walls.

“Fraternal Club” means an incorporated or unincorporated association of persons organized for a social purpose.

“Business Office” means an office or studio in a room or group of rooms for the conduct of general business, commercial or professional activities, transactions or services, including but not limited to offices for financial services, banking, consulting, travel agency, title company and insurance agency. The term “Business Office” includes “Professional Offices” unless specifically provided to the contrary.

“Caretaker unit” means a portion of a principal structure or an accessory building thereto, which portion has a separate kitchen, separate bathroom, a separate entrance, a floor area of less than one-half (1/2) the floor area of the principal dwelling unit square feet, and which is occupied primarily by a person or persons who are employed to care for, repair and maintain the principal dwelling unit.

“Ceiling” means the upper interior surface of a room or other similar compartment.

The use of property for the interment of human remains, whether above or below ground, along with all accessory structures which are commonly and reasonably associated with such use.

“Certificate of Zoning Compliance” means a certificate issued pursuant to Section 3-213.F of this Title, or such other section of the Land Use Code that specifies such a certificate.

“Church” means a building for public worship of any denomination.

For the purposes of Section 3-213.F of this Title, the Commercial Core is defined as the geographic area that includes all properties fronting or abutting onto Colorado Avenue extending from Aspen to Alder streets. This area is different from the commercial core defined in the Telluride Master Plan.

“Commercial use” means a business or activity where services, goods or commodities are exchanged for money, or are carried out for pecuniary gain.

A common interest community in which portions of the real estate are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions.

“Condominium-hotel project” is defined as 1) a project to convert a hotel or lodge into a condominium-hotel project; or 2) the creation of a condominium-hotel project, which created condominium units will be available for resale to third parties and which will continue to be marketed, managed and operated similar to a hotel. The conversion of a hotel into a Condominium-hotel Project or the creation of a condominium-hotel project shall meet the applicable requirements of the LUC, including but not limited to the provisions of Section 6-412, et seq.

“Condominium-hotel room” shall mean a hotel-styled room, constructed, managed and operated in accordance with Section 6-412 that is designed to operate as a condominium-hotel project. Each condominium-hotel room will be managed, maintained and available for use and occupancy in connection with an actual hotel operation. A “condominium-hotel room” may also be designated as a unit on the condominium documents and be available separate sale and ownership, subject to the restrictions contained in Section 6-412 et seq. of the Land Use Code.

“Condominium subdivision” means the division of real property into individual airspace units and their appurtenant common elements.

“Council” means the Telluride Town Council.

“Dedication” means the intentional appropriation of land by the owner to some public use.

“Density” means the number of dwelling units per unit of land.

“Designated employee dwelling unit” means any dwelling unit which has been deed restricted so as to limit and restrict occupancy to Telluride Housing Authority (THA) qualified employees. The use of the designated employee dwelling unit shall be restricted by executing and recording a covenant in favor of the Town and THA that shall burden and run with the land upon which the unit shall be constructed and which shall meet the applicable standards for deed restriction contained in the Telluride Affordable Housing Guidelines as amended.

“Development” means any activity or any person caused change to land or improvements thereon which changes the basic character or intensity of the use of such land or improvements. Development includes, but is not limited to:

“Development application” means, unless the context clearly requires otherwise, an application for approval of annexation; zoning; amendment of zoning map or the text of this Title; variance; planned unit development; subdivision; a certificate of appropriateness or an amendment or extension thereto; moving or demolition permit; change or expansion of a non conforming use; designation of an employee dwelling unit; home occupation; use or activity permitted on review; sign permit; landmark designation; lot access permit; or any other proposed action which requires the approval of a reviewing body or permit administrator which is vested by this Title with primary jurisdiction to grant such approval.

“Development standards” means the substantive portions of building codes, land use codes, housing codes, fire district ordinances, and any other ordinance, code or regulation relating to the construction or occupancy of buildings upon land or the preparation of such land for such construction. Development standards means the same as review standards or criteria.

“Diameter at Breast Height (DBH)” means the measurement of which is to be taken at the diameter at breast height which is four feet six inches (4'6") above the highest existing grade at the base of the tree.

“Dwelling” means a permanent building or portion thereof which contains a kitchen and is used as the private residence or sleeping place of one or more human beings, but not including temporary structures such as tents, railroad cars, trailers, streetcars, metal prefabricated sections or similar units. (See also Section 2-231, “Short-term Dwelling Unit”) Dwellings may be classified as follows:

“Easement” means an interest in real property granted or reserved by the property owner by deed or recorded plat to permit or prohibit a specified use of land by the public, a public agency, a utility, a corporation, or particular persons or property for a specified purpose.

“Employee” shall mean any person who is working for his or her self or another person and is compensated for such work on an hourly, weekly, monthly, or commission basis, or any combination of such means of compensation.

“Enclave” means, for purposes of Article 6, Division 6, “Annexations”, an unincorporated area of land entirely contained within the outer boundaries of the annexing municipality.

“Enclosed Parking” means a parking space or spaces which meets the standards of Section 3-109 of this title and which are enclosed by a minimum of three walls and a roof. Enclosed parking shall count fully in the determination of floor area and site coverage, unless as otherwise provided in Section 2-234, “Site Coverage”.

“Facade” means the exterior wall of a building exposed to public view, or that wall viewed by persons not within the building.

“Face of framing” means the exterior face of framing, exterior face of structural block, or similar exterior surface of the nominal structure excluding sheathing, vapor barrier, weatherproofing membrane, exterior-mounted insulation systems, and excluding all exterior veneer and surface treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior veneer treatments.

“Family” means any individual, or two (2) or more persons related by blood or marriage or between whom there is a legally recognized relationship, or a group of not more than five (5) persons, not related by blood or marriage or other legally recognized relationship, excluding servants, occupying the same dwelling unit.

“Fence” means a structure which serves as a barrier intended to prevent escape or intrusion, to mark a boundary, to shield or screen view, or to serve any similar purpose. All fences shall be constructed only of wood, masonry, stone or metal, or as approved by H.A.R.C.

In all residential zone districts, front yard fences, hedges or walls shall not exceed three and one half feet (3 1/2') above grade. Ornamental details may exceed the maximum height if approved by H.A.R.C.

“Flat roof” means a roof which is not pitched and which has a slope which does not exceed a rise of two inches (2") over a distance of twelve inches (12").

“Floor” means the story or level of a building. Floors may be classified as follows:

“Basement” or “Cellar” means a space having one half or more of its floor to ceiling height below the average finished level of the adjoining ground measured from pre-construction or post-construction grade, whichever is more restrictive, and having a floor to ceiling height of six and one half feet (6 1/2') or more. (See also Appendix to Article 2 for associated Land Use Code graphic.)

For the purposes of Section 3-213, “Historic Commercial Zone District”:

“Basement” means a space located completely below the Ground Floor or below a Mezzanine Floor;

“Ground Floor” means the at-grade, ground floor, street-level floor, or first floor of a building, other than a Basement and includes Mezzanine-Level floors; and

“Mezzanine Level” means an intermediate floor located between the basement and the first floor or the first floor and second floor.

“Floor area ratio” (F.A.R.) means the gross floor area of a principal structure or a building on a lot, divided by the lot area.

“Frontage” means all the property abutting upon one (1) side of a street between two (2) lot lines, measured along the right-of-way line.

“Ground coverage” means the same as site coverage.

See definition of “Floor”.

“Groundwater” and “groundwater table” mean the highest point below the surface of a site where an unconfined underground aquifer can be found to exist at atmospheric pressure. In the field, within the confines of an excavated test pit, the highest elevation where groundwater from adjacent saturated soil replaces removed soil shall constitute the elevation of the water table at that point.

“H.A.R.C.” means the Historic and Architectural Review Commission of the Town.

“Hazard Tree” means a tree that is dead, declining, or has a structural defect that is likely to fail in whole or in part and which, because of its location, constitutes a present danger to persons or structures.

“Heritage Tree” means trees recognized to be of significance due to their age, size, type, historical association or horticultural value.

Unless otherwise provided in any specific zone district, “height of building” or “building height” means the vertical distance between the following two points:

2-161.B. The points specified for the following types of roofs:

2-161.B.1. Flat roof. Height shall be measured to the highest point of the building, including parapet walls and rooftop appurtenances, but excluding architectural features and chimneys which may be permitted by H.A.R.C.

2-161.B.2. Gable, hip, gambrel or shed roof. Height shall be measured to the mean height level between the highest ridge or wall and its highest associated eave, provided, however, that if any parapet wall equals or exceeds the height of the highest ridge, then vertical distance shall be measured to the highest point of the parapet.

2-161.B.3. Mansard roof. Height shall be measured to the decline of the roof.

“Home occupation” means any business conducted principally within a dwelling unit, an enclosed garage or accessory building, which is carried on by the inhabitants of the property, and which meets the standards of Section 6-104 and 6-106 of this Title. An individual working at home that does not routinely conduct meetings in the home; does not have routine contact with employer, employee, consultant and/or client in the home; and does not conduct traditional sales or retail activities on the premise of their workplace; does not place any identifying signs on the exterior of the workplace; shall not be considered a “Home Occupation.”

“Hotel” means a facility offering transient lodging accommodations to the general public with a central check-in facility located within such facility. A hotel/motel may provide additional services such as restaurants, meeting rooms and recreation facilities. Such facilities shall be limited to short-term (rental periods of less than 30 days), and shall not be subject to any fractional ownership mechanism and shall not be subdivided by a condominium map or other mechanism.

“Identical ownership” means, for purposes of Article 6, Division 6, “Annexations”, a situation where each owner has exactly the same degree of interest in each separate parcel of two (2) or more parcels of land.

“Institutional Use” means either a governmental, non-profit or quasi-public use of a property, such as a religious institution or a library.

A room or place for the preparation and cooking of food which contains facilities for the boiling, heating, reheating, baking, frying, etc. of food including, stoves, ranges, and cooktops.

“Land” means real property, including permanent improvements and usable air space.

“Landowner” means the owner in fee of any undivided interest in a given parcel of land. If the mineral estate has been severed, the “landowner” means the owner in fee of an undivided interest in the surface estate and not the owner in fee of an undivided interest in the mineral estate.

“Land use administrator” means the person responsible for administration of land development applications within the Town. The Planning Director is hereby designated as the Land Use Administrator.

“Lock off unit” means a room or portion of an accommodation unit in a hotel, motel, lodge, condominium, or other accommodations-type facility which has a bathroom, sleeping area and entrance separate from the principal accommodation unit and which is divisible from such unit for purposes of separate rental for lodging use. Such lock off units shall be considered individual accommodation or dwelling units for the purpose of parking, other impact mitigation, and water and sewer fees and charges.

“Lodge” means a building containing three (3) or more sleeping units intended for temporary occupancy of paying guests and which may or may not have kitchen facilities. In the event a sleeping unit has a kitchen (as defined in this Division), such unit shall be considered a dwelling unit for the purpose of this Title. Accessory use facilities may consist of those in association with a commercial lodging operation, including eating, drinking and recreational facilities for the benefit and enjoyment of the paying guests.

“Lot” means a measured portion of a subdivision intended as a unit for transfer of ownership, lease, or for development; or a parcel of real property designated by a separate and distinct number or letter on a plat filed with the San Miguel County Clerk and Recorder or, when not platted in a recorded subdivision; a parcel of real property abutting upon at least one (1) public street or right of way and held under separate ownership.

“Lot of record” means a lot or parcel of land, the deed to which was recorded in the office of the San Miguel County Clerk and Recorder prior to the adoption of Ordinance 231, Series of 1970.

“Lumen” is a unit of measurement of the amount of brightness that comes from a light source.

“Map” means a printed instrument depicting all or a portion of a land area in three dimensions.

“Master Plan” means the 1987 Telluride Master Plan, as such plan has been adopted and as may be amended and subsequently adopted from time to time, and includes any part or unit of any such plan separately adopted and any amendment to such plan or parts thereof. It is a plan for the future growth, protection and development of the Town, which makes recommendations and policies to provide adequate facilities for housing, transportation, convenience, public health, safety and general welfare of its population.

See definition of “Floor”.

For all buildings located on lots with frontage on Colorado Avenue, minimum height of the lowest finished ceiling including intermediate floors such as mezzanines and balconies above sidewalk grade shall be not less than eleven and three-quarters feet (11.75') measured from the average sidewalk grade along the building frontage to the bottom of the ceiling, such minimum to apply within an area extending into the building a distance of twenty-five (25) feet from the Colorado Avenue property line.

A single building containing more than one type of land use, such as Commercial and Multi-family development.

“Mobile home park” means a parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for dwelling or sleeping purposes, whether or not a fee is charged for use of the property, and which is operated and maintained by a person holding a mobile home park license (the “licensee”).

Net Floor Area means the Floor Area or Gross Floor Area and also includes Basement or Cellar space, minus:

“Nonconforming building” means a building or structure or portion thereof, the size, dimensions, or location of which was lawful prior to the adoption, revision or amendment to this Title, and which has been maintained since that time, but which fails by reason of such adoption, revision, or amendment, to conform to the present dimensional limitations of this Title.

“Nonconforming use” means a use or activity which was lawful prior to the adoption, revision, or amendment to this Title, and which has been maintained since that time, but which fails, by reason of such adoption, revision, or amendment, to conform to the present use requirements or limitations of this Title.

“Nonresident landowner” means, for purposes of Article 6, Division 6, “Annexations”, any person owning property in the area proposed to be annexed who is not a qualified elector and who is at least twenty-one (21) years of age as attested to by sworn affidavit.

“Occupancy” is the purpose for which a building, or part thereof, is used or intended to be used.

“Occupied” includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.

“Open space” means land uncovered by structures, streets, parking or driveways, or as the term may be used within the Town’s Master Plan, Design Guidelines and Standards for Building in Telluride, PUD review and application of the Open Space District.

“Parking space” means a surfaced area, enclosed or unenclosed, sufficient in size and reserved for the parking or storage of one (1) motor vehicle, which complies with the standards of Section 3-109 of this Title.

“Parks” shall mean a Town-owned non-commercial area that is predominantly open space, principally used for active recreation (organized activities such as softball, soccer, lacrosse, concerts, etc.) or passive recreation (hiking, biking, picnicking, nature viewing, etc.).

“Period of notice for hearing” means the time between the effective date of the action establishing the hearing date and the date when such hearing first commences.

“Permit” means any form of certificate, approval, registration, license or other written permission which is required by law, ordinance or regulation to be obtained before engaging in any activity.

“Person” means any individual, group of individuals, partnership, corporation, association, trust, company or other public or corporate body, and their agents or assigns. Person includes the federal government, any political subdivision, special district, agency, instrumentality or corporation of the state.

“Place of assembly” means any room or space for the congregation or seating of one hundred or more persons.

A “Planned Community” is a common interest community that is not a condominium or cooperative.

“Planning and Zoning Commission” means the Telluride Planning and Zoning Commission, or “P&Z”, as duly constituted by law.

“Plat” means a printed instrument that is a land survey depicting all or a portion of a land area in two dimensions.

“Primary facade” means the exterior facade or facades of a structure or structures which contains a principal pedestrian entrance and is oriented towards a street, or as otherwise designated by the Historic and Architectural Review Commission.

“Principal structure or building” means the main structure or building on a lot or parcel in which the primary permitted use by right occurs.

“Private garage” means a building used only for the housing of motor vehicles, without their equipage for operation, repair, hire or sale.

“Professional engineer” means an engineer duly registered and licensed in the state of Colorado pursuant to C.R.S. 12-25-100.

“Professional Office” means an office or studio in a room or group of rooms for the practice of a profession, including but not limited to offices for physicians, dentists, lawyers, geologists, architects, planners, engineers, accountants, real estate agents/brokers and land surveyors. A “Professional Office” is considered a type of “Business Office” unless specifically provided to the contrary.

“Proponent” means any person or party who presents items before the Town for review.

“Public facility” means any structure, building or land use furthering any governmental, civic or public service function necessary or convenient to the health, safety, morals or general welfare of the public.

Public Facilities Land means that portion of land deeded or dedicated to the Town by a landowner or developer for the benefit of the public for the construction or operation of public parks, open space, recreational or other municipal facilities.

“Public garage” means a garage other than a private garage.

“Public improvements” means all physical improvements upon a subdivision site erected, constructed or installed for dedication to or benefit of the general public or a public agency.

“Qualified Arborist” means an individual who, by possession of a recognized degree, certification, or professional standing, or through related training and on-the-job experience, is familiar with the equipment and hazards involved in the arboricultural operations and possesses the competence to provide for or supervise the management of trees and other woody plants.

“Qualified elector” means, for purposes of Article 6, Division 6, “Annexations”, a registered elector, as defined in Part 1 of Article 1 of Title 31 C.R.S., who is a resident landowner of the area proposed to be annexed.

“Quasi municipal corporation” means a corporation vested with the municipal powers for the accomplishment of a limited municipal purpose, including but not limited to domestic water districts, metropolitan districts, sanitation districts, water and sanitation districts, fire protection districts, recreation districts and disposal districts.

“Recreation club” means a building devoted to public use, including such facilities as golf clubhouses, swimming pool clubhouse, tennis clubhouse, playground and play field activity centers or clubhouses, and may include kitchen facilities, assembly halls, meeting rooms, locker facilities, etc.

“Renewable energy fixtures and equipment” means any device that is necessary to the generation of electricity through the means of renewable energy on or off site. This could include, but is not limited to; solar hot water panels, photovoltaics, pole mounts, and batteries.

“Registered land surveyor” means a land surveyor duly registered and licensed in the state of Colorado pursuant to C.R.S. 12-25-200.

“Replat” means vacation of an existing subdivision plat, and a subsequent or contemporaneous platting of the same property or any portion thereof.

“Resident” means, for purposes of Article 6, Division 6, “Annexations”, one who makes his primary dwelling place within an area proposed to be annexed.

“Residential Zone District” means any of the following zone districts: Hillside Transitional, Hillside Developing One, Hillside Developing Two, West Hillside, Residential, Historic Residential, Medium Density Residential, and Affordable Housing West whose purpose is primarily for residential purposes and accessory uses.

“Resubdivision” means the further division of any lot or unit as designated on any subdivision plat previously recorded with the County Clerk.

“Retail Commercial Use” means a commercial business that provides goods and / or services directly to the consumer, where such goods are available for either immediate purchase and removal from the premise by the purchaser; or for immediate consumption within the premise by the purchaser. Examples of such uses include galleries, toy stores, T-shirt shops, souvenir shops, drug stores, restaurants, bars or chocolate shops.

“Reviewing body” means the Town Council, the Planning and Zoning Commission, the Historic and Architectural Review Commission, or the Board of Adjustment, as the context may require.

“Ridge Line” shall mean the intersection of two roof planes, or the highest horizontal edge of a single roof surface, forming the highest horizontal line of the roof.

“Roadway” means that portion of the street right of way designed for vehicular traffic.

See definition of Boarding House

“Roof height” means the vertical distance between the highest point of the roof or parapet of one building, and the average finished grade of the front lot line or the average finished grade of the front yard eight feet (8') from the structure, whichever distance is less.

“School” means a public or private organization or institution that provides for the education of people by teachers, including but not limited to daycare facilities, preschools, elementary schools, high schools, colleges or universities.

“Secondary structure or building” means a non attached building that contains a dwelling unit and meets applicable dimensional limitations for a secondary structure.

“Service Commercial Limit” shall mean a numeric limit on the amount of Building Frontage in the Commercial Core or such other area as the Town may desire to limit the total amount of Service Commercial Uses. Please refer to Section 3-213.F of this Code.

“Service Commercial Use” means a commercial business, Professional Office or Business Office that provides services directly to the consumer. Examples of such uses include dentists, attorneys, architects, insurance agents, surveyors, title companies, massage therapists, financial institutions and mortgage companies.

“Service yard” means any yard area utilized for storage of materials or vehicles accessory to, or used in conjunction with, the principal use of the lot or building, or used for garbage or trash containers, or for the location of mechanical equipment accessory to the principal building or use. All commercial and public service yards shall be fenced so as not to be visible from the street, and such fences shall be a minimum of six (6) feet above grade, or as otherwise approved by H.A.R.C.

“Separate interests” means any division of substantial interests in real estate. “Substantial interests” includes, but is not limited to, fee title, future interests, leasehold interests, life estates or other interests in which the holder has sufficient control to restrict the use of the land by other parties.

“Setback” means the horizontal distance between a lot line and the outermost exterior face of finish of a building, including all exterior veneer such as brick, stone, or other exterior treatments, but excluding open decks and porches, roof eaves, and stoops.

“Shop craft industry” means any establishment producing a one of a kind object, the display or sale of which contributes to and enhances the cultural climate peculiar to the area.

“Short-term Dwelling Unit” means a Dwelling Unit as defined in Section 2-141, which is deed restricted such that no person shall be allowed to reside in or occupy such unit for a period greater than thirty (30) consecutive days, or a total of sixty days in any single calendar year. The deed restriction for such unit shall also, at a minimum:

“Sign” means any device or image fixed to, painted on, or incorporated in the building surface, or displayed from or within a building or structure, or freestanding upon the site, and which is visible from a public right of way, which conveys or directs a message to the public concerning the identification of the premises, any land use or activity conducted on the premises, or which advertises or promotes the interest of any private or public firm, person or organization.

“Sign area” means the area of the plane geometric figure which encompasses the facing of a sign, including copy, insignia, background and borders.

“Site coverage” means that portion of a lot or parcel that is covered by buildings, measured from exterior face of framing of the exterior walls, excluding open decks and porches, roof eaves, and stoops. Portions of the building which project beyond the foundation wall and enclose floor area, such as bays and basement spaces, shall count toward site coverage. Basements which are completely below pre-construction grade that are used exclusively for the storage of vehicles and for associated storage shall not be counted towards site coverage. However, for basements which are used exclusively for the storage of vehicles and for associated storage that project above pre-construction grade, only that portion of such basements that project above pre- or post-construction grade, whichever is more restrictive, shall count toward site coverage.

“Site specific development plan” means a plan which has obtained final development approval from the Town through the land use approval process, including notice and public hearing, and which describes with reasonable certainty the type and intensity of use for a specific parcel or parcels of property and includes all of the terms and conditions of such approval. Site specific development plans may include, or be in the form of, a planned unit development (PUD) plan, a subdivision plat, a subdivision improvements agreement, a use or activity permitted on review, a development agreement, a certificate of appropriateness, or such other document as identified and agreed upon by the Town and a landowner or developer. A license, map, variance, easement or permit shall not constitute a site specific development plan.

“Story” means that portion of a building included between the surface of any floor, except the basement floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor surface and the ceiling next above it shall be considered the “story.”

“Street” means a public or private way, other than an alley, which affords the principal means of access to abutting property. Street includes any street, avenue, boulevard, road, lane, parkway, square, viaduct, or other way for the movement of vehicular or pedestrian traffic which is an existing street, county or municipal roadway, or a street or right-of-way shown upon a plat, recorded pursuant to law. The term includes the land between street lines, whether improved or unimproved, and may comprise pavement, shoulder, gutters, sidewalks, parking areas and other areas within the right of way. For the purposes of this Title, streets shall be classified as follows:

“Structure” means anything constructed or erected, which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet (6') in height, poles, lines, cables or other transmission or distribution facilities of public utilities.

“Structural alteration” means any addition to or subtraction of parts of a building, including walls, columns, beams, girders, foundations, doors and windows.

“Subdivider” means any person, firm, partnership, joint venture, association or corporation who participates as owner, promoter, developer or sales agent in the planning, development, promotion, sale or lease of a subdivision.

A subdivision improvements agreement (SIA) is a written contract between the Town and a subdivider providing for and describing conditions of approval for the subdivision. It shall, at a minimum, set forth construction specifications for required public improvements, provide dates for completion of the improvements, and identify the terms and conditions for the acceptance of the improvements by the Town. It shall also provide for such financial assurances as necessary to insure the proper and timely installation of improvements.

“Subdivision plat” means a map of certain described land prepared by a registered land surveyor in accord with Article 6, Division 4, the Subdivision Regulations, as an instrument for recording of real estate interests with the County Clerk.

“Substantial conformity” means there is no variation from the preliminary plan, other than minor changes in the size of lots, location of lot lines, easements or streets. “Substantial conformity” does not include any change in types or numbers of land uses, any variance in residential density, any change in location of a public right-of-way in excess of five feet (5') or any variation of a dimensional limitation in excess of five percent (5%).

“Taxpayer” means, for purposes of Article 6, Division 6, “Annexations”, any person who has paid or becomes liable for ad valorem taxes on real property located in the area proposed to be annexed during a specified period of time.

“Telluride Affordable Housing Guidelines” shall mean those guidelines adopted by THA and Town Council to apply to affordable housing and designated employee dwelling units as defined herein. These guidelines may contain standards including but not limited to ownership, sale and resale, rental and rental rates, deed restriction, use and occupancy, qualification and eligibility (including standards of both employment and economic means) and size and construction.

“Telluride Housing Authority” or “T.H.A.” shall mean the quasi-governmental entity created by the Town of Telluride that is charged with providing affordable housing and overseeing the Town’s affordable housing program.

See Telluride Housing Authority.

“T.H.A. Qualified Household” as applied to designated employee dwelling units or affordable housing, shall mean any person or group of persons who meet(s) the standards of qualification described in the Telluride Affordable Housing Guidelines.

“Time-share project instruments” means any document, by whatever name denominated, creating or regulating time-share projects or units and containing the restrictions or covenants regulating the use, occupancy or disposition of a time-share project or unit, including any amendments or supplements thereto, but excluding any law, ordinance or governmental regulation.

“Time-sharing”, “time-share” and/or “time-share interest” as permitted and regulated by this section means “interval estate,” “time-share estate,” or “timespan estate” as such are defined in C.R.S. 38-33-110, 1973, as such may be amended from time to time, or any other similar concept of property ownership involving either interval ownership or fractional fee interests as may be determined by the town council. “Time-sharing” shall not include a time-share license or use.

“Tree Fund” means a dedicated fund available to the Parks and Recreation Department and Public Works Department to support Tree Maintenance and planting of public trees and related public programs which promote a healthy urban forest.

“Tree Maintenance” means the removal of dead trees or the selective pruning to remove one or more of the following parts: dead, diseased, and/or broken branches. Removal of live branches is permitted provided not more than twenty five percent (25%) of the foliage is removed within an annual growing season so long as it does not endanger the life of the tree.

“Tree Topping” means the practice of removing large branches and/or trunks from the top of a tree’s canopy. Topping is often harmful for the tree and not an acceptable Tree Maintenance pruning practice.

“Urban development” means, for purposes of Article 6, Division 6, “Annexations”, the construction on land of improvements for residential, institutional, commercial, industrial, transportation, public flood control, and recreation and similar uses, in contrast to the use of the land for growing crops, truck gardening, grazing of farm animals and other agricultural pursuits. The term also applies to vacant ground which has been or is being prepared for urban development by such steps as subdivision into lots or plots and blocks, installation of water and sewer lines, construction of access streets, and construction of railroad spur or branch tracks.

“Use” means the purpose for which land or a building is designated, arranged or intended, or for which it either is or may be occupied or maintained.

“Vehicle repair shop” means a business which repairs or services automobiles and other vehicles. Such uses shall meet the following limitations:

“Vested property right” means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan as defined under Section 5-208 of this Title.

“Vitality Setback” shall mean a horizontal distance measured perpendicularly between the front exterior of the building and an interior wall of a Retail Commercial Use that is designed to maintain Retail Commercial Use within the Vitality Setback and the associated commercial vitality within the Town’s Commercial Core.

“Wetland” means areas including lakes, rivers, streams, intermittent streams, ponds, sloughs areas of seasonal standing water, or 2) those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as such areas are specifically delineated as provided for in the 1987 edition of the Corps of Engineers Wetlands Delineation Manual. Wetlands generally include fens, swamps, marshes, bogs, and similar areas. Manmade lakes or ponds built for the purpose of detaining runoff are not considered wetlands in the context of the LUC.

“Wireless telecommunication facility” means a facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, towers, or similar structures supporting the equipment, equipment buildings, shelters, cabinets, parking area, and other accessory development.

“Yard” means a space on the same lot with a building, open, unoccupied and unobstructed by buildings or structures from the ground upward, except as otherwise provided in this Title, or as authorized by the Uniform Building Code. Yards are classified as follows:

“Addition” means any work which adds increased square footage to an existing structure.

“Alteration” means any change, rearrangement, reduction or diminution to the exterior surface of an existing building, including but not limited to changes in doors, windows and exterior materials. An alteration shall not increase a structure's or building's floor area.

“Annual report” means a report compiled by H.A.R.C. pursuant to Article 7.

“Area” means any land or buildings having notable character or qualities of historical and/or architectural significance as determined by H.A.R.C. An “area” may include structures or other physical improvements on, above or below the surface of the earth.

“Axonometric projection” means a drawing by lines in which a rectangular solid appears as inclined and shows three faces.

“Certificate of Appropriateness” (“CA”) means the official document issued by H.A.R.C. approving an application for permit for the erection, movement, renovation, restoration, alteration or demolition of any structure or sign in the Historical Preservation Overlay District.

“Compatibility” means harmony in the appearance of two (2) or more buildings, structures and landscape developments in the same vicinity.

“Contributing structures” means those structures or buildings which exist in comparatively original condition, or have been appropriately restored and clearly contribute to the historical significance of the Historic Preservation Overlay District.

“Demolition” means the destruction, disassembly, dismantling, damage, razing, or tearing down of fifty percent (50%) or more of an existing structure (prior to commencing development) as measured by the finished surface of all exterior wall and roof area above finished grade and associated assembly and components necessary for the structural integrity of such wall and roof area. For the method of determining demolition, see Section 7-308, Measurement of Demolition. The term excludes the sudden or cataclysmic destruction of or damage to a structure due to acts of God, including fire, earthquake, wind, flood, or avalanche.

“Demolition by neglect” means any total or partial destruction of or damage to a structure or any portion thereof, due to the failure of the structure's owner(s) or lessee(s) to adequately maintain or repair the structure.

“Design Guidelines” means design criteria used by H.A.R.C. to judge the appropriateness of a project in a particular treatment area, as set forth in Design Guidelines and Standards for Building in Telluride, October 2015 edition, as such criteria has been adopted and as may be amended and subsequently adopted from time to time.

“Designated Building” means a building or structure which is “contributing”, “supporting”, “non contributing with qualifications”, or “non contributing without qualifications”, as designated in the THAS.

“District” means the Historic Preservation Overlay District, unless the context otherwise requires, in which case “District” shall refer to the Telluride Historic Landmark District.

“Elevation” means a drawing at the appropriate scale which represents the front, side or rear facade of a structure.

“Erection” means the process of building any structure.

“Exterior architectural feature” means the architectural style and general arrangement of the exterior of the structure, including type and texture of the building materials, and including all windows, doors, lights, signs and other fixtures appurtenant thereto.

“External improvement” means any structure, landscape element or other object constituting a physical betterment of real property which is visible from a public way or adjoining properties.

“Good repair” means a condition which not only meets minimum standards of health and safety, but which guarantees continued attractiveness, continued structural soundness and continued usefulness.

“Historical and/or architectural significance” means that which has a special historical or architectural interest or value as part of the development, heritage or cultural character and background of the Town and its environs.

“Historic Preservation Overlay District” means a zone district established for the purposes enumerated in Article 7 within which H.A.R.C. shall have jurisdiction to exercise its authorized duties and powers.

“Impact statement” means a brief written summary indicating the intent, scope and effects of a proposed project.

“Local landmark” means an individual structure or property designated by H.A.R.C. and the Town Council to be historically and/or architecturally significant, pursuant to Article 7, Division 3, “Designation of Landmarks”.

“Mass” means the total size and dimension of the three (3) dimensional space which a building or structure occupies.

“Moving” means any relocation, repositioning or removal of a structure.

“Non contributing structure with qualifications” means a structure which has had substantial alteration or addition, and which, in its present condition, does not substantially contribute to the historic character or architectural integrity of the District except regarding the structure's mass, scale, and relationship to adjacent properties, but which structure could so contribute after substantial restoration.

“Non contributing structure without qualifications” means a structure that does not contribute to the historic character of the District except for the structure's mass, scale, and relationship to adjacent properties, and which has been altered to such an extent that historic information is not interpretable and restoration may not be possible.

“Non designated structure” means a structure or building not designated or listed in the Telluride Historic and Architectural Survey.

“Non Rated Structure” means a structure or building identified as “non contributing with qualifications” or as “non contributing without qualifications” in the 2013 Telluride Historic and Architectural Survey.

“Ordinary maintenance and repair” means any work for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure or any part thereof or to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage, and which work, in the judgment of the Building Official, does not substantially alter the appearance, composition, or texture of the exterior surface of the structure or sign.

“Originating Site” means the lot or parcel of land on which a relocated structure was situated prior to its relocation.

“Period of significance” means the time period from 1878 to 1913.

“Preservation” means stabilizing and maintaining a structure in its existing form by preventing further change or deterioration.

“Rated structure” means a structure or building identified as “contributing” or “supporting” in the 2013 THAS.

“Receiving site” means the lot or parcel of land on which a structure is situated after its relocation.

“Rehabilitation” means the upgrading of a building or structure previously in a dilapidated or substandard condition for human habitation or use.

“Relocation” means moving a structure to a new location within the Town, but does not include repositioning of a structure on the same site.

“Remodeling” means to physically change the appearance and/or function of a building from its original design.

“Renovation” means the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values.

“Removal” means the act of moving a structure from its present location in the Town. The term “removal” includes relocation, but not repositioning, of a structure.

“Reposition” means the moving of a structure to a different location on the same lot or parcel of land on which the structure is situated.

“Residential structure” means a building or structure where the principal use is either a one-family or two family dwelling.

“Restoration” means putting back as nearly as possible into the form the building held at a particular date in time. Restoration often requires the removal of architectural features which are not “of the period.” The value of a restoration is measured by its authenticity.

“Scale” means the relative size of a building or structure in relation to the immediate building environment and to the Town.

“Significant landmark interior” shall mean any interior of a designated local landmark which has been identified and designated pursuant to Article 7, Division 6 “Designation of Landmarks”.

“Street profile” means a drawing, at a scale of one eighth inch equals one foot (1/8" = 1'), representing the height and width of the building to be constructed and the height and width of adjacent structures.

“Substandard local landmark building” means any building which fails to meet the minimum maintenance standards of Article 7.

“Supporting structure” means a structure which has original material that has been covered, or a building which has experienced some alteration but which still conveys some sense of history.

“Telluride Historic and Architectural Survey” or “THAS” means the 2013 THAS, as it may be amended from time to time, Survey of structures and buildings in the Town.

“Telluride Historic Landmark District” (“THLD”) is a sub district of the Historic Preservation Overlay District, within which sub district H.A.R.C. shall exercise historic and architectural review functions, and outside of which H.A.R.C. shall only exercise architectural review functions.

Telluride National Historic Landmark District (“TNHLD”) is the district listed by the National Register of Historic Places, National Park Service, U.S. Department of Interior, the boundaries of which have been established by the same.

“Temporary certificate of appropriateness” means an approval issued by H.A.R.C. for a structure which is not intended to be permanent and which is considered necessary to the public health, safety and general welfare of the community.

“THAS Primary Structure” means a structure designated as a primary structure in the Telluride Historic and Architectural Survey, and is given a 5SM Site Number.

“THAS Secondary Structure” means a structure designated as a secondary structure in the Telluride Historic and Architectural Survey, and is given a THAS Number.

“Treatment area” means a specific district or area within the Historic Preservation Overlay District for which there exists a set of design guidelines as set forth in Design Guidelines and Standards for Building in Telluride.

“Appeal” means a request for a review of the permit authority's interpretation of any provisions of Article 8, or a request for a variance.

“Area of shallow flooding” means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM) in which the base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

“Area of special flood hazard” means the land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

“Avalanche” means a mass of snow or ice and other material which may become incorporated therein as such mass moves rapidly down a mountain slope.

“Base flood” or “one-hundred (100) year flood” means a type of water, mud or debris flood, including the water surface elevation and territorial occupation thereof, which can be expected to occur at any time in a given area based upon recorded historical precipitation and other valid data, but with an average statistical one percent (1%) chance of being equaled or exceeded during any one (1) year. Base flood is used interchangeably with “one percent (1%) flood” or “one hundred (100) year flood”.

“Basement” means an enclosure with its floor level completely below ground.

“Critical Facility” means a structure or other improvement that, because of its function, size, service area, or uniqueness, has the potential to cause serious bodily harm, extensive property damage, or disruption of vital socioeconomic activities if it is destroyed or damaged or if its functionality is impaired. Critical facilities include health and safety facilities, utilities, government facilities and hazardous materials facilities. For the purposes of a local regulation, a community may also use the International Codes’ definition for Category III and IV buildings

“Designated floodplain hazard area” means the area designated as a floodplain by official action of the Town Council.

“Designation” means that legal procedure as specified by C.R.S. 24-65.1-101 et seq., as amended, and further authorized by C.R.S. 29-20-101 et seq., as amended. It is carried out by the Town Council.

“Existing manufactured home park or subdivision” means a manufactured home park for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed, including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets, are completed prior to April 2, 1999.

“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, (including the installation of utilities, either final site grading or pouring of concrete pads, and the construction of streets).

“FEMA” means the Federal Emergency Management Agency, or its successor.

“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

“Flood hazard area” means one or more of the following: flood hazard initial control area, floodway zone, low hazard zone.

“Flood Insurance Rate Map (FIRM)” means the official map on which FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the Town.

“Flood Insurance Study” means the official report provided by FEMA that includes flood profiles, the Flood Boundary Floodway Map, and the water surface elevation of the base flood.

“Floodplain” means an area in and adjacent to a stream, which area is subject to flooding from water and/or debris as the result of the occurrence of an intermediate regional flood and which area, thus, is so adverse to past, current and foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property.

“Floodproofing” means a combination of structural provisions, changes or adjustments to lands, properties and structures subject to flooding primarily for the reduction or elimination of flood damages to lands, properties, structures and contents of buildings in a flood hazard area.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1').

“Floodway fringe” means the area between the floodway and the boundary of the one hundred (100) year flood.

“Freeboard” means the vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed.

“Geologic hazard” means a geologic phenomenon which is so adverse to past, current or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to avalanches, landslides, rock falls, mudflows, unstable or potentially unstable slopes, seismic effects, radioactivity and ground subsidence.

“Geologic hazard area” means an area which contains or is directly affected by a geologic hazard.

“Ground subsidence” means a process characterized by the downward displacement of surface material caused by natural phenomena such as removal of underground fluids, natural consolidation, or dissolution of underground minerals or by manmade phenomena such as underground mining.

“Landslide” means a mass movement where there is a distinct surface or rupture or zone of weakness which separates the slide material from more stable underlying material.

“Layman's description” means a general, nonlegal description and the popular name, if any, of the tract of land upon which the activity or development is to be conducted. “General description” means “layman's description.”

“Legal description” means any description from which it is possible to locate accurately on the ground the boundaries of the land being described.

“Lowest Floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non elevation design requirements of Article 8.

“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to required utilities. The term “manufactured home” does not include recreational vehicle.

“Matter of local or state interest” means an area of local or state interest or an activity of local or state interest or both.

“Mudflow” means a flowing mass of predominantly fine-grained earth material possessing a high degree of fluidity during movement.

“New construction” means structures for which the “start of construction” commenced on or after the original effective date of Article 8.

“New Manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the 2nd day of April, 1999.

“Nonconforming use” means any structure, development or land use in existence on the effective date of the ordinance No. 361, Series 1978 from which Article 8 originally derives, and not permitted under the terms and provisions of said Article.

“One hundred (100) year flood” or “one percent (1%) flood” means the same thing as Base Flood.

“Permit authority” means the Town Engineer or any other person designated as the permit authority by the Town Manager.

“Radioactivity” means a condition related to various types of radiation emitted by natural radioactive minerals that occur in natural deposits of rock, soils and water.

“Receipt of application” means the time at which the completed application is accepted by the permit authority.

“Recreational Vehicle” means a vehicle which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling unit but as temporary living quarters for recreational, camping, travel, or seasonal use.

“Regulation” means both “regulation” and “guideline” as the terms are used in C.R.S. 24-65.1-101 et seq., as amended.

“Rockfall” means the rapid free falling, bounding, sliding or rolling of large masses of rock or individual rocks.

“Rockfall Hazard Area” means an are identified as such on the Town of Telluride Floodplain and Geological Hazard Map, due to risk of rockfall occurring in the area.

“Seismic effects” means direct and indirect effects caused by a natural earthquake or a manmade phenomenon.

“Special Flood Hazard Area” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.

“Start of Construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred and eighty (180) days of the permit issuance date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on foundation. For purposes of Article 8, permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

“Stream” means any natural channel or depression through which water flows either continuously, intermittently or periodically, including any artificial modification of the natural channel or depression.

“Structure” means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground.

“Substantial Damage” means the damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before damage occurred.

“Substantial improvement” means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either (1) before the improvement or repair is started; or (2) if the structure has been damaged, and is being restored, before the damage occurred.

For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (2) to any alteration of a structure listed on the National Register of Historic Places or the Colorado Historical Society's inventory of historic places.

“Technical step in identification” of an activity of local or state interest means the act of formulating a plan or program for the administration of any one of the activities of local or state interest in the Town as provided by the criteria of C.R.S. 24-65.1-204, as amended. The technical step in an identification of an area of local or state interest is the act of viewing and preparing a description of land within the borders of which is located that area of local or state interest.

“Unstable or potentially unstable slope” means an area susceptible to a landslide, a mudflow, or rockfall or accelerated creep of slope forming materials.

“Variance” means a grant of relief from the requirements of Article 8 which permits construction in a manner that would otherwise be prohibited by said Article.

“Water surface elevation” means the projected heights in relation to mean sea level reached by floods of various magnitudes and frequencies in the floodplains of riverine areas.