a. Minimum lot area shall be two thousand five hundred (2,500) square feet.

b. Maximum density shall be two thousand five hundred (2,500) square feet per dwelling unit, except as provided for designated employee dwelling units and affordable housing units.

c. Maximum density shall be one thousand two hundred and fifty (1,250) square feet per dwelling unit, provided at least fifty percent (50%) of dwelling units are designated employee dwelling units or affordable housing units.

a. All buildings, three feet (3'), on lots with frontage less than forty feet (40').

b. All buildings, five feet (5'), on lots with frontage of forty feet (40') or greater, but less than sixty-five feet (65').

c. All buildings, seven feet (7'), on lots with frontage of sixty-five feet (65') or greater.

d. H.A.R.C. may reduce the minimum side yard setbacks, but in no case less than three feet (3'), provided the H.A.R.C. determines that important resources or site features are being preserved, such as historic structures or context, preservation of mature vegetation, or avoidance of steep slopes, and that reducing the setback results in an overall development plan that is in greater compliance with the applicable review criteria.

a. Principal Building in the Hillside Transitional Zone District.

b. In no case shall the total gross floor area of any principal building on any lot be greater than four thousand (4,000) square feet.

c. The total floor area of all secondary and accessory buildings on any lot shall not exceed the maximum gross floor area allowed as described by Table d (below). No single secondary or accessory structure shall exceed nine hundred and fifty (950) square feet.

d. Accessory and Secondary Buildings in the Hillside Transitional Zone District

a. Principal buildings, twenty five feet (25'); however, no portion of any building, excluding chimneys, shall exceed a height of thirty vertical feet (30') above the pre-construction grade of a building’s site coverage or the post-construction grade at the perimeter of the building’s site coverage (including window and door wells which extend greater than four feet (4') from the building’s site coverage perimeter) whichever is more restrictive.

b. Accessory and secondary buildings, sixteen feet (16'); however, no portion any building, excluding chimneys, shall exceed a height of twenty (20) feet vertically above the pre-construction grade of the building’s site coverage or the post-construction grade at the perimeter of the building’s site coverage (including window and door wells which extend greater than four feet (4') from the building’s site coverage perimeter) whichever is more restrictive.

a. For lots size of two thousand five hundred (2,500) square feet to three thousand one hundred twenty-five (3,125) square feet:

When all required parking is enclosed

0.45 - ([(Lot Area - 2,500) x 0.15]) / (3,125) = Maximum Percent Site Coverage

When all required parking is not enclosed

0.38 - ([(Lot Area - 2,500) x 0.15]) / (3,125) = Maximum Percent Site Coverage

b. For lots greater than three thousand one hundred twenty-five (3,125) square feet but less than seven thousand five hundred (7,500) square feet:

When all required parking is enclosed

0.42 - ([(Lot Area - 3,125) x 0.17]) / (7,500) = Maximum Percent Site Coverage

When all required parking is not enclosed

0.35 - ( [(Lot Area - 3,125) x 0.17]) / (7,500) = Maximum Percent Site Coverage

c. For lot sizes of seven thousand five hundred (7,500) square feet or greater, the site coverage shall not exceed twenty-five percent (25%), or when all required parking is enclosed, thirty-two percent (32%). For lots less than two thousand five hundred (2,500) square feet, the site coverage shall not exceed thirty-eight percent (38%), or when all required parking is enclosed, forty-five percent (45%).

d. Site coverage may be increased, by an amount up to ten percent (10%) of the lot area, so long as all of the following criteria are met:

e. For lots of five thousand (5,000) square feet or less which contain a rated THAS secondary structure, the total maximum site coverage may be increased up to three percent (3%) by H.A.R.C. provided it finds the development application maintains or improves the historic rating of all historic structures on the lot.

a. A grading permit shall be required pursuant to Chapter 70 of the Uniform Building Code for all grading done within this zone district.

b. When reviewing the grading plans submitted with the application for a grading permit, the Building Official may require a report prepared by a registered civil engineer as to the adequacy of safeguards provided against the hazard of rocks dislodged during the grading operation.

a. If access roads are proposed other than existing roads (not including unused platted streets), a separate grading permit shall be required for their construction. The issuance of this permit shall be approved by the Town Council, following P&Z recommendation.

b. In addition to meeting the requirements for a grading permit, as specified in Chapter 70 of the Uniform Building Code, the applicant shall also provide the following information to both P&Z and the Town Council:

a. Minimum lot area shall be five thousand (5,000) square feet.

b. Maximum density shall be five thousand (5,000) square feet per dwelling unit, except as provided for designated employee dwelling units and affordable housing units.

c. Maximum density shall be two thousand five hundred (2,500) square feet per dwelling unit, provided at least fifty percent (50%) of the dwelling units are designated dwelling units or affordable housing units.

a. For lots of five-thousand (5,000) square feet or greater: five thousand square feet per dwelling unit.

b. For lots of less than five thousand (5,000) square feet: twelve hundred (1,200) square feet per dwelling unit.

c. For development exercising the density bonus provided under B.7 and C.1.c., no designated employee unit and affordable housing unit shall exceed one thousand two hundred (1,200) square feet, and no free market unit shall exceed four thousand (4,000) square feet.

a. Principal buildings, twenty five feet (25').

b. Accessory and secondary structures, sixteen feet (16').

a. A grading permit shall be required pursuant to provisions of the International Building Code series for all grading done in this District.

b. When reviewing the grading plans submitted with the application for a grading permit, the Building Official shall also require a report prepared by a registered civil engineer as to the adequacy of safeguards provided against the hazard of rocks dislodged during the grading operation.

a. If access roads are proposed other than existing roads (platted rights-of-ways), a separate grading permit shall be required for their construction. The issuance of this permit shall be approved by the Town Council, following recommendation by the Town Engineer and P&Z.

b. In addition to meeting the requirements for a grading permit, as specified in the International Building Code series, the applicant shall also provide the following information to both P&Z and the Town Council:

a. overall density of dwelling units in the land area included within the PUD plan does not exceed one unit per 10,000 square feet of total land area;

b. no detached single family dwelling unit shall be on a lot less than two thousand five hundred (2,500) square feet; and

c. as a condition of any lot area reduction or density transfer, land areas designated as “unsuitable” for development in the Telluride Hillside Master Plan shall be permanently dedicated, covenanted, or deed restricted as public or private open space, or made subject to conservation easements under C.R.S. 38-30.5-101 et seq., at the time of filing of the final plan and/or plats including such property.

a. The minimum front yard setback may be reduced to zero feet (0'), if approved pursuant to the PUD review process and in accordance with the Uniform Building Code.

b. In the event that the development application does not request or require PUD plan approval, then the minimum front yard setback may be reduced to zero feet (0') by H.A.R.C., upon issuance of a Certificate of Appropriateness.

c. No encroachment into any public right of way shall be authorized by any such modification or reduction of the front yard setback.

a. Maximum above grade building volume shall be thirty thousand (30,000) cubic feet per lot, except that such maximum shall be thirty five thousand (35,000) cubic feet per lot if the building contains a deed restricted designated employee dwelling unit as defined in Section 2-136 of this Title or an affordable housing unit, which unit has a minimum floor area of five hundred (500) square feet and is not less than five thousand (5,000) cubic feet in volume.

b. The maximum above grade building volume shall not exceed a ratio of three (3) cubic feet to one (1) square foot of lot area, unless otherwise approved pursuant to the PUD process. If the building contains a deed restricted designated employee dwelling unit or an affordable housing unit, the ratio shall be increased to three and one-half (3 1/2) to one (1).

c. For purposes of this Section, “above grade building volume” shall mean the volume of a building above a plane located at the original, pre-construction grade of the building site, measured from the outside of the exterior walls.

a. Principal buildings, consisting of or including dwelling units, thirty one feet (31').

b. Accessory buildings, sixteen feet (16').

c. Notwithstanding anything in this Title to the contrary, for the purpose of calculating maximum building height in the HD-2 Zone District, the height of any building shall be measured as the length of any line which is plumb from a plane located at the highest building point, which plane is above and parallel to the original, pre construction grade of the building site coverage area, or the post-construction grade at the perimeter of the building’s site coverage (including window and door wells which extend greater than four feet (4') from the exterior perimeter of the building’s site coverage), whichever is more restrictive. The following diagram illustrates this principle:

d. A survey of the original, pre construction grade of the building site area shall be provided as part of any application for approval of preliminary PUD plan, H.A.R.C. Certificate of Appropriateness, building permit, or any other form of approval for construction of a building, unless previously submitted.

a. If all parking is covered, the maximum site coverage shall not exceed a ratio of 0.5 site coverage to 1.0 lot area.

b. Accessory buildings shall be counted at one-half (1/2) their actual site coverage.

c. Impervious site coverage shall not exceed sixty percent (60%) of the total lot area. For the purposes of this Section, “impervious site coverage” shall mean a surface which does not absorb water, which may include buildings, parking areas, driveways, roads, and any concrete, brick, or asphalt covered areas.

d. Maximum site coverage or impervious site coverage may be increased, if approved pursuant to the PUD process.

a. The number of dwelling units permitted shall be one (1) unit per ten thousand (10,000) square feet of total land area included in the application.

b. The number of dwelling units permitted under a PUD plan shall be one (1) unit per each ten thousand (10,000) square feet of total land area included in the application, plus any density bonus and any designated employee dwelling unit or affordable housing unit bonus.

c. For purposes of these computations, the term “land area” shall include the following:

d. Land included in “land area” for the purposes of this Section need not all be under common ownership or control if the requirements of this Section are met.

a. Adjacent, contiguous, or diagonally adjoining lots under substantially the same control shall be considered as one (1) lot for the purpose of determining compliance with the minimum lot area, development coordination, and density bonus requirements of this Section.

b. For purposes of this Section, the phrase “substantially the same control” shall mean:

c. The existence of any public right of way, or street, or any planned street or right of way shall not, for any purpose of this Section, interrupt adjacency or contiguity, and such streets and rights of way shall be disregarded in determining whether lots are diagonally adjoining, contiguous, or adjacent.

d. Lot area may be calculated to include one half (1/2) of any platted rights of way adjoining such lot or lots, provided that the following conditions are met:

e. For the purposes of determining maximum site coverage, impervious site coverage, percentage, and above grade building volume to lot area ratio, lot area shall be calculated by dividing the overall land area included in the application by the total number of lots.

a. A density bonus of up to forty percent (40%) of allowable dwelling unit density on lots or tracts of land totaling thirty thousand (30,000) square feet or greater is available if approved pursuant to the PUD review process. A density bonus is an increase in the allowable number of density units, provided that any bonus of a fraction of an additional unit shall be rounded down to the nearest whole number.

b. A density bonus may be granted by P&Z as part of Final PUD Plan approval, if it finds that the Plan includes at least three (3) of the following eight (8) items:

c. Any bonus dwelling units shall be limited to a maximum above grade volume of twenty five thousand (25,000) cubic feet, and shall not include caretaker units.

a. In addition to the density bonus and PUD modification authority granted elsewhere in this Section, P&Z may authorize an increase in the allowable density and a decrease in the minimum lot area requirement as part of approval of an application for a PUD plan, if the plan includes a commitment to provide a designated employee dwelling unit or an affordable housing unit on the land area.

b. Such units shall be further limited by the condition that a designated employee dwelling unit or an affordable housing unit shall be contained within a principal dwelling unit, unless allowed through subparagraph c of this Section. The units shall also be limited by a deed restriction which provides for administration, inspection and enforcement by the Town of Telluride or its designee, including the Telluride Housing Authority.

c. Maximum allowable above grade building volume may be increased by five thousand (5,000) cubic feet for each designated employee dwelling unit or affordable housing unit provided as part of a PUD plan. Notwithstanding anything to the contrary in this Title, the designated employee dwelling units or affordable housing units may be located in a structure other than one in which the additional building volume is allowed, provided that such designated employee dwelling units or affordable housing units are:

a. The location of all proposed new public or private roads or rights of way shall be reviewed by P&Z. If P&Z finds that such roads or rights of way are generally consistent with the Telluride Hillside Master Plan, it may approve such location and dedication as part of the subdivision review process. If P&Z finds that the location of such roads or rights of way are not generally consistent with the Telluride Hillside Master Plan, P&Z shall refer the proposal to the Town Council, together with a recommendation thereon.

b. The Town Council shall review the location of proposed new public or private roads or rights of way upon referral by P&Z. After consideration of P&Z’s recommendation, and the purposes of this Section and the Telluride Hillside Master Plan, the Council may approve such location if it finds such roads or rights of way can be constructed or dedicated in compliance with the design criteria and construction specifications set forth below.

c. The Town Council shall have final review and approval authority over any proposed vacation of an existing public right of way in the HD-2 Zone District. Such review shall be conducted in accordance with Article 6, Division 4, “Subdivision”. No right of way in areas generally designated in the Telluride Hillside Master Plan as a road corridor shall be vacated unless the Council finds compelling justification for such vacation.

d. Improvements to existing roads or rights of way may be required by P&Z as a condition of issuance of an access permit.

e. Improvements to Tomboy Road may be required as a condition of any development approval of property within the District and served by Tomboy Road in proportion to impacts to the public use of, and benefits to property served by, Tomboy Road. Notwithstanding anything herein to the contrary, Tomboy Road shall be preserved in its present condition and minimum width of fourteen feet (14'), with additional turnouts as may be required, to the extent consistent with public health and safety. In no event shall Tomboy Road be widened beyond twenty four feet (24') in pavement width.

f. Access permits required pursuant to Section 3-303 of this Title, Access Requirements, shall be obtained prior to issuance of any building permit for construction in the HD-2 Zone District. Final approval of any PUD plan within this District issued after August 15, 1989 shall be deemed to be approval and issuance of an access permit, for purposes of Section 3-303, as to the lots included within the plan.

g. Notwithstanding the provisions of Section 6-408 of this Title, Subdivision Design Criteria, and the provisions of the Town of Telluride Right-of-Way Specifications, as amended, the following road design criteria and construction specifications are hereby established for the HD-2 Zone District:

h. The Town Council may authorize a reduction or modification of these criteria and specifications, after review by P&Z, the Town Engineer, and the Telluride Fire Protection District, if the Council finds, after consideration of anticipated vehicular traffic, emergency access, and maintenance requirements, that:

a. No construction or development shall be permitted in any identified geologic hazard area within the HD-2 Zone District, except as approved in accordance with the requirements of this section. These requirements are intended to provide a basis at the plan approval stage to evaluate the safety and suitability of the location of proposed land uses, roads and road improvements, and buildings. These requirements are in addition to the pre construction geohazard permit application provisions of Article 8, Division 5, Geologic Hazard Control.

b. Construction or development in an identified geologic hazard area may be conceptually approved by P&Z as part of an application for preliminary subdivision plat or preliminary PUD plan approval, or may be finally approved upon referral to P&Z as part of an application for issuance of an access, geohazard, or building permit (unless previously approved), if P&Z finds:

1. a geological survey map of the site at same scale as the site plan; and

2. identification of any geologic hazard areas as defined in Article 8, Division 5, “Geologic Hazard Control”, on or affecting the site or any proposed new roads or road improvements or utility corridors necessary to access or serve such site; and

3. proposed measures necessary to avoid or safely mitigate any identified geologic hazards.

Such report may be required by P&Z, at its option, as part of its review pursuant to paragraph B, above.

a. A construction impact mitigation plan for proposed construction of roads, utilities, buildings and parking areas shall be submitted, unless previously approved, as part of any application for approval of any final PUD plan, final subdivision plat, development agreement, or for issuance of an access permit, geohazard permit, or building permit, in the HD-2 Zone District. Such plan shall be reviewed and approved, with or without conditions, by P&Z, or upon referral from the appropriate permit authority if necessary, in accordance with the intent of this Zone District and for the purpose of protection of the public health, safety, and welfare.

b. The approved plan shall, at a minimum, include provisions for:

a. Flexibility in design of roads, structures, and development patterns is encouraged as a matter of policy in the HD-2 Zone District.

b. Notwithstanding anything in this Section to the contrary, the following land use regulations and restrictions may not be altered, modified or waived by the Town Council, P&Z, or H.A.R.C.:

a. Any application for preliminary or final PUD or subdivision approval for property located within the HD-2 Zone District shall include a landscaping plan and a lighting restriction plan. Such plans shall be reviewed by P&Z, and may be approved with or without conditions, if found consistent with the Telluride Master Plan and the purposes of the HD-2 Zone District.

b. Any application for approval of a Certificate of Appropriateness for a single lot or lots not requiring subdivision or PUD approval shall include a landscaping and lighting restriction plan. Such plans shall be reviewed by H.A.R.C. and may be approved with or without conditions, if found to be consistent with the Telluride Master Plan, the purposes of the HD-2 Zone District, and applicable treatment area guidelines.

a. No subdivision plat or PUD plan for property located within the HD-2 Zone District shall be approved unless P&Z finds that:

b. If a development plan review requires a Master Plan amendment, such review can, upon request of the applicant, occur concurrently with consideration of a Master Plan amendment.

a. Any application for preliminary approval of a subdivision plat or a PUD plan for property located in the HD-2 Zone District shall include a non binding plan for development of all property within the HD-2 Zone District which is contiguous, adjacent, diagonally adjoining, or located within the same block, and which is owned by the applicant or under substantially the same control as the applicant’s property.

b. The plan shall generally designate proposed roads and utilities which will serve such property to be developed and which will accommodate land uses anticipated on the contiguous, adjacent, or diagonally adjoining property or property within the same block. The purpose of such plan is to facilitate the design of common access and utility service, to provide for coordination with proposed building locations, to address consistency with the Telluride Hillside Master Plan, and to provide a basis for agreements between property owners for joint utility and road development.

c. This requirement may be waived upon request of the applicant if P&Z finds that preparation of such a plan is not feasible or is not necessary to provide for coordination of access and utility installation within the HD-2 Zone District.

a. P&Z may grant final approval of such plan or plat in phases.

b. Preliminary approval of any phase of such plan or plat shall continue in effect for up to seven (7) years, unless otherwise provided at the time of preliminary approval. A preliminary plan or plat shall not be valid for longer than seven (7) years.

a. In the event that the application of the HD-2 Zone District to a lot which is not under substantially the same control of an owner of any other lot within the HD-2 Zone District as of September 6, 1988 or any time thereafter, results in non compliance with the minimum lot area requirements of this Section, then such lot shall be deemed to be substandard for purposes of this Section.

b. A dwelling unit may be permitted to be constructed on a substandard lot in the HD-2 Zone District only if a majority of P&Z finds by clear and convincing evidence that at least two (2) of the following criteria have been met:

c. Notwithstanding any permission to construct a dwelling unit on a substandard lot which may be authorized by this Section, no modification to or variance from any other requirements of this Section shall be authorized by permitting construction on a substandard lot, except for lot frontage and lot width requirements. Any proposed development or construction on a substandard lot shall comply with all other restrictions on use, ground coverage, setbacks, building height and volume, parking, fencing, landscaping, lighting, construction impact mitigation, consistency, development coordination, access permit, and all other applicable requirements of this Section and this Title.

d. No replat or subdivision of substandard lots within this District shall be permitted if the new lots would not comply with all requirements of this Section, unless modified through PUD.

a. Any application for approval of development of property located within the HD-2 Zone District shall include, in addition to information required pursuant to Article 5, Development Review Procedures; Article 6, Division 3, Planned Unit Development; Article 6, Division 4, Subdivisions; and Article 8, Division 5, Geologic Hazard Control, the following information or materials:

a. Minimum lot area shall be two thousand five hundred (2,500) square feet.

b. Maximum density shall be two thousand five hundred (2,500) square feet per dwelling unit, except as provided for designated employee dwelling units and affordable housing units.

c. Maximum density shall be one thousand two hundred and fifty (1,250) square feet per dwelling unit, provided at least fifty percent (50%) of dwelling units are designated employee housing units or affordable housing units.

a. All buildings, fifteen feet (15') or the average setback of the block in which the parcel lies, unless modified by H.A.R.C.; however, the setback shall not be less than five feet (5').

b. Corner lots (both streets), fifteen feet (15') or the average setback of the block in which the parcel lies, unless modified by H.A.R.C.; however, the setback shall not be less than five feet (5') for the front yard or the side yard.

a. All buildings, three feet (3') on lots with frontage less than forty feet (40').

b. All buildings, five feet (5'), on lots with frontage of forty feet (40') or greater, but less than sixty-five feet (65').

c. All buildings, seven feet (7'), on lots with frontage of sixty-five feet (65') or greater.

d. Corner lots, same as minimum front yard.

e. H.A.R.C. may reduce the minimum side yard setbacks, but in no case less than three feet (3'), provided the H.A.R.C. determines that important resources or site features are being preserved, such as historic structures or context, preservation of mature vegetation, or avoidance of steep slopes, and that reducing the setback results in an overall development plan that is in greater compliance with the applicable review criteria.

a. Principal buildings, fifteen feet (15') or the average setback of the block in which the parcel lies, unless modified by H.A.R.C.; however, the setback shall not be less than five feet (5').

b. Accessory buildings, five feet (5').

a. Principal Building in the Residential Zone District.

b. In no case shall the total gross floor area of any principal building on any lot be greater than four thousand (4,000) square feet.

c. The total floor area of all secondary and accessory buildings on any lot shall not exceed the maximum floor area allowed as described by Table d. (below). No single secondary or accessory structure shall exceed nine-hundred and fifty (950) square feet.

d. Accessory and Secondary Buildings in the Residential Zone District.

a. Principal buildings, twenty five feet (25'). For structures which have at least fifty percent (50%) of their site coverage located on hillsides with a pre-construction grade or slope of fifteen percent (15%) or greater, no portion of the building, excluding chimneys, shall exceed a height of thirty vertical feet (30') above the pre-construction grade of the building’s site coverage, or the post-construction grade as measured from the exterior perimeter of the building’s site coverage (including window and door wells which extend greater than four feet (4') beyond the building’s site coverage perimeter), whichever is more restrictive.

b. Accessory and secondary buildings, sixteen feet (16'). For structures which have at least fifty percent (50%) of their site coverage located on hillsides with a pre-construction grade or slope of fifteen percent (15%) or greater, no portion of the building, excluding chimneys, shall exceed a height of twenty vertical feet (20') above the pre-construction grade of the building’s site coverage, or the post-construction grade as measured from the exterior perimeter of the building’s site coverage (including window and door wells which extend greater than four feet (4') beyond the building’s site coverage perimeter), whichever is more restrictive.

a. For lots size of two thousand five hundred (2,500) square feet to three thousand one hundred twenty-five (3,125) square feet:

When all required parking is enclosed

0.45 - ([(Lot Area - 2,500) x 0.15]) / (3,125) = Maximum Percent Site Coverage

When all required parking is not enclosed

0.38 - ([(Lot Area - 2,500) x 0.15]) / (3,125) = Maximum Percent Site Coverage

b. For lots greater than three thousand one hundred twenty-five (3,125) square feet but less than seven thousand five hundred (7,500) square feet:

When all required parking is enclosed

0.42 - ([(Lot Area - 3,125) x 0.17]) / (7,500) = Maximum Percent Site Coverage

When all required parking is not enclosed

0.35 - ( [(Lot Area - 3,125) x 0.17]) / (7,500) = Maximum Percent Site Coverage

c. For lot sizes of seven thousand five hundred (7,500) square feet or greater, the site coverage shall not exceed twenty-five percent (25%), or when all required parking is enclosed, thirty-two percent (32%). For lots less than two thousand five hundred (2,500) square feet, the site coverage shall not exceed thirty-eight percent (38%), or when all required parking is enclosed, forty-five percent (45%).

d. Site coverage may be increased, by an amount up to ten percent (10%) of the lot area, so long as all of the following criteria are met:

e. For lots of five thousand (5,000) square feet or less which contain a rated THAS secondary structure, the total maximum site coverage may be increased up to three percent (3%) by H.A.R.C. provided it finds the development application maintains or improves the historic rating of all historic structures on the lot.

a. Minimum lot area shall be two thousand five hundred (2,500) square feet.

b. Maximum density shall be two thousand five hundred (2,500) square feet per dwelling unit, except as provided for designated employee dwelling units and affordable housing.

c. Maximum density shall be one thousand two hundred and fifty (1,250) square feet per dwelling unit, provided at least fifty percent (50%) of dwelling units are designated employee dwelling units or affordable housing units.

a. All buildings, fifteen feet (15'), or the average setback of the block in which the parcel lies, unless modified by H.A.R.C.

b. Corner lots, fifteen feet (15') or the average setback of the block in which the parcel lies, unless modified by the H.A.R.C.; however, in no instance shall the setback be less than five (5) feet for the front yard and five feet (5') for the side yard.

a. All buildings, three feet (3') on lots with frontage less than forty feet (40').

b. All buildings, five feet (5'), on lots with frontage of forty feet (40') or greater, but less than sixty-five feet (65').

c. All buildings, seven feet (7'), on lots with frontage of sixty-five feet (65') or greater.

d. Corner lots, five feet (5'), except that side yard setbacks from an alley shall be three feet (3').

e. H.A.R.C. may reduce the minimum side yard setbacks, but in no case less than three feet (3'), provided the H.A.R.C. determines that important resources or site features are being preserved, such as historic structures or context, preservation of mature vegetation, or avoidance of steep slopes, and that reducing the setback results in an overall development plan that is in greater compliance with the applicable review criteria.

a. Principal buildings, fifteen feet (15') or the average setback of the block in which the parcel lies, unless modified by H.A.R.C.; however, the setback shall not be less than five feet (5').

b. Accessory and secondary buildings, five feet (5').

c. The rear yard setback associated with a repositioned or relocated rated or non-rated THAS Secondary Structure may be reduced from five feet (5') to a minimum of zero feet (0'). A variation may be granted by H.A.R.C. provided H.A.R.C. finds the development application maintains or improves the historic rating designation of the historic structure according to the Telluride Historic and Architectural Survey and upon condition that the applicant stabilizes, improves and maintains such structure in good repair.

a. Principal Building in the Historic Residential Zone District.

b. In no case shall the total gross floor area of any principal building on any lot be greater than four thousand (4,000) square feet.

c. The total floor area of all secondary and accessory buildings on any lot shall not exceed the maximum gross floor area allowed as described by Table d. (below). No single secondary or accessory structure shall exceed nine-hundred and fifty (950) square feet.

d. Accessory and Secondary Buildings in the Historic Residential Zone District.

a. Principal buildings, twenty five feet (25'); provided that the maximum building height shall not be twenty percent (20%) taller than the mean average of heights of all existing principal buildings, excluding public buildings and churches, which are located within the same block or a portion of the same block located partly within the Historic Residential Zone District. For structures which have at least fifty percent (50%) of their site coverage located on hillsides with a pre-construction grade or slope of fifteen percent (15%) or greater, no portion of the building, excluding chimneys, shall exceed a height of thirty vertical feet (30') above the pre-construction grade of the building’s site coverage, or the post-construction grade as measured from the exterior perimeter of the building’s site coverage (including window and door wells which extend greater than four feet (4') from the building’s site coverage perimeter), whichever is more restrictive.

b. Accessory and secondary buildings, sixteen feet (16'). For structures which have at least fifty percent (50%) of their site coverage located on hillsides with a pre-construction grade or slope of fifteen percent (15%) or greater, no portion of the building, excluding chimneys, shall exceed a height of twenty vertical feet (20') above the pre-construction grade of the building’s site coverage, or the post-construction grade as measured from the exterior perimeter of the building’s site coverage (including window and door wells which extend greater than four feet (4') from the building’s site coverage perimeter), whichever is more restrictive.

a. For lots size of two thousand five hundred (2,500) square feet to three thousand one hundred twenty-five (3,125) square feet:

When all required parking is enclosed

0.45 - ([(Lot Area - 2,500) x 0.15]) / (3,125) = Maximum Percent Site Coverage

When all required parking is not enclosed

0.38 - ([(Lot Area - 2,500) x 0.15]) / (3,125) = Maximum Percent Site Coverage

b. For lots greater than three thousand one hundred twenty-five (3,125) square feet but less than seven thousand five hundred (7,500) square feet:

When all required parking is enclosed

0.42 - ([(Lot Area - 3,125) x 0.17]) / (7,500) = Maximum Percent Site Coverage

When all required parking is not enclosed

0.35 - ( [(Lot Area - 3,125) x 0.17]) / (7,500) = Maximum Percent Site Coverage

c. For lot sizes of seven thousand five hundred (7,500) square feet or greater, the site coverage shall not exceed twenty-five percent (25%), or when all required parking is enclosed, thirty-two percent (32%). For lots less than two thousand five hundred (2,500) square feet, the site coverage shall not exceed thirty-eight percent (38%), or when all required parking is enclosed, forty-five percent (45%).

d. Site coverage may be increased, by an amount up to ten percent (10%) of the lot area, so long as all of the following criteria are met:

e. For lots of five thousand (5,000) square feet or less which contain a rated THAS secondary structure, the total maximum site coverage may be increased up to three percent (3%) by H.A.R.C. provided it finds the development application maintains or improves the historic rating of all historic structures on the lot.

a. contains a rated and a non rated structure; and

b. contains a rear yard through which vehicle access to required parking is obstructed by either such structure; or

c. in the case of a corner lot, contains a side yard through which access is so obstructed.

a. Minimum lot area shall be two thousand five hundred (2,500) square feet for lots containing free market units and one thousand five hundred (1,500) square feet for lots containing only designated employee dwelling units and affordable housing units.

b. Maximum density shall be one unit per two thousand five hundred (2,500) square feet for free market units and one unit per one thousand five hundred (1,500) square feet for designated employee dwelling units and affordable housing units.

a. All buildings, fifteen feet (15').

b. Corner lots (both streets), fifteen feet (15').

a. All buildings, three feet (3').

b. Corner lots, fifteen feet (15').

a. Principal buildings, fifteen feet (15').

b. Accessory buildings, five feet (5').

a. Principal buildings, five thousand (5,000) square feet, unless modified by H.A.R.C.

b. Secondary structures, fifty percent (50%) less than the principal structure or one thousand two hundred (1,200) square feet, whichever is less.

a. Principal buildings, twenty five feet (25').

b. Accessory and secondary structures, sixteen feet (16').

a. Minimum. Two thousand five hundred (2,500) square feet.

b. Maximum. Five Thousand Eight Hundred Seventy (5,875) square feet, however such maximum may be increased pursuant to Article 6, Division 3, “Planned Unit Development”.

a. Minimum. Twenty-five feet (25') for all lots.

b. Maximum. Fifty feet (50') for all lots, however such maximum may be increased pursuant to Article 6, Division 3, “Planned Unit Development”.

a. Each lot within the AC-1 Zone District shall have a minimum front yard setback equal to the average of the front yard setback of all structures on the same block in existence at the time of passage of the ordinance from which this subsection derives (Ordinance 403, November 13, 1979), illustrated as follows, unless modified by H.A.R.C.

b. Corner lot setbacks shall be a minimum of five feet (5'), for traffic safety purposes.

a. All buildings, three feet (3'), unless modified by H.A.R.C.

b. Corner lots, same as minimum front yard.

a. The rear yard setback associated with a repositioned or relocated rated or non-rated THAS Secondary Structure may be reduced from five feet (5') to a minimum of zero feet (0'). A variation may be granted by H.A.R.C. provided H.A.R.C. finds the development application maintains or improves the historic rating designation of the historic structure according to the Telluride Historic and Architectural Survey and upon condition that the applicant stabilizes, improves and maintains such structure in good repair.

a. Principal buildings, twenty five feet (25'); provided that the maximum roof height shall not be twenty percent (20%) taller than the mean average of roof heights on principal buildings located within the same block or portion of any block located partly within the AC-1 Zone District.

b. Accessory and secondary buildings, sixteen feet (16').

a. For all buildings, one (1) unit of vertical rise to four (4) units of horizontal run unless modified or otherwise required by H.A.R.C.

b. No roof may begin less than seven feet (7') from ground level.

a. For the principal structure: forty-five percent (45%).

For developments comprised solely of Hotel, Lodge, Roominghouse, Boardinghouse, or Short-term Dwelling Unit uses (excepting affordable and employee housing): fifty percent (50%).

b. For secondary and accessory structures: fifteen percent (15%).

c. The site coverage of any rated THAS Secondary Structure shall be counted as half, provided H.A.R.C. finds the development application maintains or improves the historic ratings of all historic structures on the lot, and upon condition that the applicant stabilizes, improves, and maintains such structures in good repair.

d. No lot or lots in this zone district shall have more than a total of fifty percent (50%) site coverage by all structures.

a. contains a rated and a non rated structure; and

b. contains a rear yard through which vehicle access to required parking is obstructed by either such structure; or

c. in the case of a corner lot, contains a side yard through which access is so obstructed.

In addition, such payment may be waived upon consent of the Town Council, upon condition that the applicant stabilizes, improves, and maintains such structures in good repair.

a. Thirty thousand (30,000) square feet per structure.

b. Fifty thousand (50,000) square feet per structure provided:

c. The maximums listed above may be increased pursuant to Article 6, Division 3, “Planned Unit Development” or as modified by H.A.R.C.

a. To preserve the views of the surrounding mountainous terrain and because higher buildings will not have as severe a visual impact if situated at the toe of the mountain as those further north from the toe of the mountain, the following sub district building height limitations are imposed:

b. Notwithstanding anything in Title to the contrary, for the purposes of measuring the height of principal structures south of the San Miguel River the constant slope method of height measurement may be used for structures which have at least fifty percent (50%) of their ground coverage located on hillsides with a pre construction grade or slope of fifteen percent (15%) or greater as follows:

c. The maximum height of principal structures may be increased, if approved pursuant to PUD review, subject to the following conditions and limitations:

d. A survey of the original, pre construction grade of the building site area south of the San Miguel River shall be provided as part of any application for approval of preliminary PUD plan, H.A.R.C. Certificate of Appropriateness, building permit, or any other form of approval for construction of a building, unless previously submitted.

a. For all buildings, one (1) unit of vertical rise to four (4) units of horizontal run unless modified or otherwise required by H.A.R.C.

b. No roof may begin less than seven feet (7') from ground level.

a. For lot sizes twenty thousand square feet (20,000 sq.ft.) or less, the maximum site coverage shall not exceed forty percent (40%) or when all required parking is enclosed, fifty percent (50%).

b. For lot sizes greater than twenty thousand square feet (20,000 sq. ft.),

.4 - ([(Lot Area - 20,000) x .125]) / (100,000) = Maximum Percent Site Coverage

c. For lot sizes of one hundred thousand (100,000) sq. ft. or greater, the site coverage shall not exceed thirty percent (30%).

d. If an applicant elects to provide floor area or space within a building or structure which encloses either all or a percentage of the required parking, the site coverage maximum may be increased according to the following table:

e. Enclosed open space shall be included in calculating site coverage. Enclosed open space means the ground area which is not covered by an above grade structure, which is surrounded on more than two sides by buildings, and which is physically or visually closed to view from all adjacent rights-of-way, or public lands within the Town of Telluride.

a. Each block within the R/C Zone District shall have a minimum front yard setback requirement equal to the average of the front yard setback of all structures on the same block, unless modified by H.A.R.C.

b. Corner lot setbacks shall be a minimum of five feet (5'), for traffic safety purposes, except as identified per Section 3-211.C.5.b.iii.

a. Residential/Commercial District.

b. Gondola Corridor Overlay District.

a. The rear yard setback associated with a repositioned or relocated rated or non-rated THAS Secondary Structure may be reduced from five feet (5') to a minimum of zero feet (0'). A variation may be granted by H.A.R.C. provided H.A.R.C. finds the development application maintains or improves the historic rating designation of the historic structure according to the Telluride Historic and Architectural Survey and upon condition that the applicant stabilizes, improves and maintains such structure in good repair.

a. Principal Buildings.

b. Accessory and secondary structures, sixteen feet (16').

a. For all buildings, one (1) unit of vertical rise to four (4) units of horizontal run. H.A.R.C. may require a greater minimum roof pitch based on applicable design guidelines for the affected treatment area.

b. No roof may begin less than seven feet (7') from ground level

a. Residential/Commercial District. No limitation

b. Gondola Corridor Overlay district.

a. Parking Requirements in the Residential/Commercial Zone District.

b. Parking Requirements for development comprised solely* of Hotel, Lodge, Roominghouse, Boardinghouse, and Short-term Dwelling Units in the Residential/Commercial Zone District.

c. Parking Requirements in the Gondola Corridor Overlay District.

a. contains a rated and a non rated structure; and

b. contains a rear yard through which vehicle access to required parking is obstructed by either such structure; or

c. in the case of a corner lot, contains a side yard through which access is so obstructed

Such payment may be waived upon consent of the Town Council, upon condition that the applicant stabilizes, improves, and maintains such structures in good repair.

a. Eleven thousand seven hundred and fifty (11,750) square feet unless modified pursuant to Article 6, Division 3, “Planned Unit Development”.

b. No limitation provided the development is comprised of hotel, lodge, roominghouse, boardinghouse, short-term dwelling units; facilities for conferences, performing arts, or special events, provided such facilities are available to local non-profit organizations1; excepting the following: the net floor area of uses other than those listed above shall not comprise greater than thirty five percent (35%) of the gross floor area of the structure minus floor area dedicated to affordable or employee housing. The uses within such structure(s) shall be memorialized in a development agreement or instrument as approved by the Town Manager.

a. The rear yard setback associated with a repositioned or relocated rated or non-rated THAS Secondary Structure may be reduced from five feet (5') to a minimum of zero feet (0'). A variation may be granted by H.A.R.C. provided H.A.R.C. finds the development application maintains or improves the historic rating designation of the historic structure according to the Telluride Historic and Architectural Survey and upon condition that the applicant stabilizes, improves and maintains such structure in good repair.

a. All buildings, above grade floor area to lot area ratio shall not exceed one point five to one (1.5:1), except as provided below.

b. In calculating such ratio, that square footage of floor area shall be excluded which is designed and built to provide exclusively for the storage or parking of motor vehicles.

c. The maximum floor area may be increased above the one point five to one (1.5:1) ratio, but not greater than two-to-one (2:1); provided, that the additional floor area between one point five to one (1.5:1) and two to one (2:1) is restricted to commercial use, or accommodation use.

d. The maximum floor area may be increased above the one point five to one (1.5:1) ratio, but not greater than two point two five to one (2.25:1); provided, that the additional floor area between one point five to one (1.5:1) and two point two five to one (2.25:1) is restricted to designated employee dwelling unit(s), or affordable housing units(s).

e. The gross floor area of any on-site affordable housing unit that is required by the development of the lot and provided to satisfy the affordable housing requirement of the site development shall be exempt from the gross floor area limitations as set forth in this section but only if hotel uses comprise a minimum of fifty percent (50%) of the gross floor area of the on-site development. Should on-site affordable housing in excess of the requirement be provided, and is not associated with satisfying the mitigation requirements of other development, then the excess on-site affordable housing gross floor area shall also be exempt from the gross floor area calculation of all structures per lot provided all other regulations are met.

For the purposes of this subsection:

f. The maximum floor area may be increased above the one point five to one (1.5:1) ratio, but not greater than two point two five to one (2.25:1) pursuant to Article 6, Division 3, “Planned Unit Development.”

g. Covered or enclosed open space shall be included in calculating floor area. “Covered or enclosed open space” means ground area which does not permanently provide at the pedestrian level unobstructed access to light and air, or which is roofed, heated, or physically, psychologically, or visually closed to public access and view.

h. For lots with fifty (50) feet of frontage or less, a minimum of one thousand (1,000) square feet of net floor area of ground floor commercial use for each twenty-five (25) linear feet of frontage shall be provided. The commercial use shall be increased or decreased proportionally for every linear feet greater or less than twenty-five (25) feet. For lots with frontage greater than fifty (50) feet, this requirement can be varied pursuant to a “planned unit development.” For lots that have more than one street frontage, this requirement applies to the shortest linear street frontage which would also constitute the front lot line. Developments comprised solely of hotel, school as permitted by review, public facility as permitted by review, or institutional use as permitted by review, are exempt from this requirement.

i. The gross floor area of any multifamily residential dwelling unit shall not exceed four thousand (4,000) square feet.

a. All buildings, thirty five feet (35') provided that the maximum height may be increased up to forty feet (40'), if approved pursuant to the PUD process.

b. The height of the primary facade of a building shall be not less than sixteen feet (16').

c. Upon review and approval of H.A.R.C., the building height may be increased to forty feet (40'), provided that the maximum above grade floor area to lot area ratio shall not exceed a ratio of one point two to one (1.2:1), regardless of any other LUC requirements including, but not limited to, parking and employee housing.

d. Upon review and approval of H.A.R.C., an architectural element may be located on top of a building, provided that the element may not extend more than twenty percent (20%) beyond the highest point of the building. No element shall exceed one hundred fifty (150) square feet of gross floor area or ten percent (10%) of the structure’s ground coverage, whichever is less.

e. The height of a structure rated as “contributing” or “supporting” by the Telluride Historic and Architectural Survey may be increased if the applicable following requirements are met:

Height increases authorized pursuant to this subsection C.14.e shall not be subject to compliance with the requirements of subsection C.14.d of this Section.

f. The height of all roof mounted mechanical and service equipment shall be counted in determining building height.

g. Renewable energy fixtures and equipment are permitted to project above building roof membrane for existing buildings provided H.A.R.C. finds that the following items are complied with:

Furthermore, renewable energy fixtures and equipment are permitted to project above the building roof membrane for existing buildings provided that:

h. Renewable energy fixtures and equipment that are incorporated into new structures shall be permitted to project above building height limits provided H.A.R.C. finds that the following items are complied with:

Furthermore, renewable energy fixtures and equipment that are incorporated into new structures shall be permitted to project above building height limits provided that:

i. H.A.R.C. may allow heights for elevator over-runs in excess of the maximum building height as established in the LUC, or as approved by PUD, for up to an additional six feet (6') for a total area of no more than four hundred (400) square feet or two and one-half percent (2.5%) of the lot area, whichever is less, provided such over-runs are not visible from adjacent public rights-of-way, river park corridor or parks.

a. All buildings, zero feet (0').

b. Buildings shall be constructed to the front property line at full facade height. A third (3rd) floor may be set back from the front lot line upon approval of H.A.R.C.

c. The front yard setback may be increased by H.A.R.C.

a. The rear yard setback associated with a repositioned or relocated rated or non-rated THAS Secondary Structure may be reduced from five feet (5') to a minimum of zero feet (0'). A variation may be granted by H.A.R.C. provided H.A.R.C. finds the development application maintains or improves the historic rating designation of the historic structure according to the Telluride Historic and Architectural Survey and upon condition that the applicant stabilizes, improves and maintains such structure in good repair.

a. All buildings, above-grade floor area to lot area ratio shall not exceed one point five to one (1.5:1), except as provided below.

b. In calculating such ratio, that square footage of floor area shall be excluded which is designed and built to provide exclusively for the storage or parking of motor vehicles.

c. The maximum floor area may be increased above the one point five to one (1.5:1) ratio, but not greater than two to one (2.0:1); provided, that the additional floor area between one point five to one (1.5:1) and two to one (2.0:1) is restricted to commercial use.

d. The maximum floor area may be increased above the one point five to one (1.5:1) ratio, but not greater than two point two five to one (2.25:1); provided, that the additional floor area between one point five to one (1.5:1) and two point two five to one (2.25:1) is restricted to designated employee dwelling unit(s), or affordable housing units(s).

e. The gross floor area of any on-site affordable housing unit that is required by the development of the lot and provided to satisfy the affordable housing requirement of the site development shall be exempt from the gross floor area limitations as set forth in this section but only if hotel uses comprise a minimum of fifty percent (50%) of the gross floor area of the on-site development. Should on-site affordable housing in excess of the requirement be provided, and is not associated with satisfying the mitigation requirements of other development, then the excess on-site affordable housing gross floor area shall also be exempt from the gross floor area calculation of all structures per lot provided all other regulations are met.

For the purposes of this subsection:

f. The maximum floor area may be increased above the one point five to one (1.5:1) ratio, but not greater than two point two five to one (2.25:1) pursuant to Article 6, Division 3, “Planned Unit Development.”

g. Covered or enclosed open space shall be included in calculating floor area. “Covered or enclosed open space” means ground area which does not permanently provide at the pedestrian level unobstructed access to light and air, or which is roofed, heated, or physically, psychologically, or visually closed to public access and view.

h. A minimum of one thousand (1,000) square feet of net floor area ground floor commercial use (including retail commercial and service commercial uses as permitted by the vitality use setback regulations found at Section 3-213.E.) for each twenty-five (25) linear feet of frontage shall be provided. The commercial use shall be increased or decreased proportionally for every linear foot greater or less than twenty-five (25) feet. The commercial use required by this section cannot be further subdivided in ownership resulting in a commercial use unit smaller than one thousand (1,000) square feet. However, this section does not otherwise regulate the owner’s ability to have more than one tenant or more than one commercial use contained within the unit. This section requirement is to be applied in addition to the vitality setback requirements found at Section 3-213.E. Developments comprised solely of hotel, school as permitted by review, public facility as permitted by review, or institutional use as permitted by review, are exempt from this requirement. For lots that have more than one street frontage, this requirement applies to the shortest linear street frontage which would also constitute the front lot line.

i. The gross floor area of any multifamily residential dwelling unit shall not exceed four thousand (4,000) square feet.

a. All buildings, thirty five feet (35') provided that the maximum height may be increased up to forty feet (40'), if approved pursuant to the PUD process.

b. The height of the primary facade of a building shall not be less than sixteen feet (16').

c. Upon review and approval of H.A.R.C., the building height may be increased to forty feet (40'), provided that the maximum above grade floor area to lot area ratio shall not exceed a ratio of one point two to one (1.2:1), regardless of any other LUC requirements including, but not limited to, parking and employee housing.

d. Upon review and approval of H.A.R.C., an architectural element may be located on top of a building, provided that the element may not extend more than twenty percent (20%) beyond the highest point of the building. No element shall exceed one hundred fifty (150) square feet of gross floor area or ten percent (10%) of the structure’s ground coverage, whichever is less.

e. The height of a structure rated as “contributing” or “supporting” by the Telluride Historic and Architectural Survey shall not be increased unless one of the following requirements are met:

f. The height of all roof mounted mechanical and service equipment shall be counted in determining building height.

g. Renewable energy fixtures and equipment are permitted to project above building roof membrane for existing buildings provided Historic Architectural Review Commission finds that the following items are complied with:

h. Renewable energy fixtures and equipment that are incorporated into new structures shall be permitted to project above building height limits provided Historic Architectural Review Commission finds that the following items are complied with:

Furthermore, renewable energy fixtures and equipment that are incorporated into new structures shall be permitted to project above building height limits provided that:

a. Located within a Basement, or on the level above the Ground Floor, but not on a Mezzanine Level. For the purposes of this Section only, the term “basement” means a space located completely below the Ground Floor or below a Mezzanine Level.

b. If located on the Ground Floor, such use shall be setback an average of thirty-five (35') from the front exterior wall of the building or structure as measured perpendicularly from the front exterior wall. In no case shall such use be closer than twenty feet (20') from the front exterior wall. Such setback may be modified by the Planning and Zoning Commission pursuant to Article 6, Division 3, “Planned Unit Development.” For the purposes of this section, the “front exterior wall” of building or structure shall mean that wall which establishes the Front Yard, or in the absence of a Front Yard, the front lot line. Also, for the purpose of this section, the “front lot line” shall mean the frontage along the street with the shortest linear frontage for lots which have more than one street frontage.

a. The Service Commercial Limit may be increased on a site-by-site basis pursuant to Article 6, Division 3, “Planned Unit Development” if a site is vacant land being developed or if a building or group of buildings is proposed for demolition and complete redevelopment. If the Planning and Zoning Commission increases the Service Commercial Limit through the PUD process, such increase shall be: i) reflected in this Section of the LUC by through the Code amendment process; and ii) restricted to the property affected by the PUD, and not transferable within the Commercial Core. The P&Z shall only be able to increase the Service Commercial Limit as provided for in this subsection if it finds such increase will not detract from the overall vitality of the Commercial Core, and the overall PUD adds to the vitality of the Commercial Core.

b. The 625 lineal feet permitted by the Service Commercial Limit is based on the Building Frontage dedicated to Service Commercial Uses found in July of 2007, and represents the Town’s desire to maintain the status quo of frontage dedicated to such uses, and to promote community vitality.

a. Once issued, the Certificate of Zoning Compliance shall be valid for a maximum of 90 days, and the permitted Service Commercial Use must be under significant construction or open to the public for business in accordance with the requirements of this Title and the Municipal Code prior to the expiration of the 90 day time period. In any event, a business shall be open to the public within 120 days of the issuance of a Certificate of Zoning Compliance.

b. The Planning Director may issue a written extension of a Certification of Zoning Compliance not to exceed thirty days if the applicant has submitted a written request that documents good cause for the extension, such as, but not limited to, the length of time needed to obtain a building permit.

c. If a Service Commercial Use business is not under significant construction or open to the public for business within 120 days of the issuance of the Certificate of Zoning Compliance, or as provided for in any extension as set forth above, the Certificate of Zoning Compliance for such business shall become null and void, and any available Service Commercial Use frontage within the Service Commercial Limit shall be available on a first come, first served basis.

d. Except as provided for in subsection 3-213.F.1.a, a Certificate of Zoning Compliance shall not be issued by the Planning Department if the Service Commercial Limit would be exceeded by a requested business.