6-202.A. Pre-Application Conference. The applicant shall attend a pre-application conference prior to submission of a variance application.

6-202.B. Submit Application. The applicant shall submit a complete application to the Planning Director containing those materials listed in Section 6-203 of this Division.

6-202.C. Staff Review and Referral. The Planning Director shall review and refer an application in conformance with Sections 5-203.A and B of this Title.

6-202.D. Public Notice. Public notice that P&Z will conduct a hearing to consider the application for approval of a standard or secondary unit variance shall be a Level 4 Notice according to the provisions of 5-204.C.

6-202.E. Staff Report. A staff report shall be prepared and made available as called for in Section 5-203.C of this Title.

6-202.F. Public Action By P&Z. P&Z, or the P&Z Chair, as applicable, shall hold a public hearing to review an application and render a decision thereon in conformance with Sections 5-206.C and D of this Title.

6-202.G. Actions Following Approval. The applicant may obtain a building permit following approval of the variance only after the execution and recordation, if necessary, of all documents memorializing or required under the approval as specified under Section 5-209 of this Title.

6-202.H. Vesting. A variance in and of itself shall not constitute a site specific development plan for purposes of vesting a property right, however, it may be incorporated into a site specific development plan as part of a larger or different land use approval.

6-203.A. Minimum Contents. The minimum contents for all applications specified in Section 5-202.C of this Title;

6-203.B. Site Plan. A site plan, prepared at a scale of one inch equals twenty feet (1" = 20') or such other scale as is approved by the Planning Director, illustrating:

6-203.C. Narrative. A written narrative indicating what provisions of this Title are requested to be varied, what relief from those provisions is being sought, and the grounds upon which the appeal is being made.

6-204.A. Uses. The variance authorizes a use permitted or a use permitted on review in the underlying zone district;

6-204.B. Unnecessary Hardship. The owner is likely to suffer an unnecessary hardship if the provisions of this Title were literally enforced;

6-204.C. Hardship Not Self Imposed. The circumstances found to constitute a hardship were not created by the owner and were not due to or the result of known general conditions in the zone district or site and cannot be reasonably corrected in the absence of a variance.

6-204.D. Impact on Adjacent Properties. The variance shall not have an unreasonable negative impact on adjacent properties.

6-205.A. Secondary Unit as Living Space. The variance enables the use of a new or existing secondary structure as a dwelling unit, for which a certificate of occupancy shall be obtained within two (2) years of the granting of the variance, or the variance shall be rendered null and void.

6-205.B. Parking. The variance is granted in conjunction with the establishment of legal parking space.

6-205.C. Deed Restriction. The dwelling unit created by the granting of the variance is deed restricted pursuant to the Town’s employee or affordable dwelling unit deed restriction.

6-205.D. Limits. Variances to the dimensional limits of this Title shall not exceed or be increased by more than two (2) feet in height, eighteen (18) inches in yard setbacks, and ten (10) percentage points above allowable site coverage limits.

6-205.E. Objection. Any objection submitted in writing by an abutting property owner must be addressed by the P&Z Chair within a written finding adopted within the granting of the variance.

6-205.F. HARC Recommendation. If a rated structure is or will be located on the property subject to the variance, a review and recommendation of the HARC Chair shall be submitted. In the case of a relocation of a rated or non-rated structure, approval of HARC of the relocation shall be obtained prior to the consideration of the variance.

6-205.G. Density. The dwelling unit created by the granting of the variance shall comply with all density limits authorized under this Title.

6-301.A. Open Space. To encourage the establishment of common open space;

6-301.B. Economy. To achieve economy in the provision and maintenance of public facilities;

6-301.C. Preservation. To preserve a site’s historic features, its natural and scenic resources, and open areas;

6-301.D. Enhanced Design. To enhance project design through the encouragement of variations from traditional subdivision development;

6-301.E. Climate Change Impact Reductions. To encourage new construction or redevelopment that reduces carbon emissions and addresses critical climate change impacts that exceeds current building code standards.

6-301.F. Clustering. The clustering of structures by reducing minimum yard setbacks, minimum lot area, minimum lot frontage and minimum lot width, allowing more than one principal structure on a lot, and increasing maximum site coverage;

6-301.G. Density Transfers. Density within clusters may be permitted provided appropriate open space and buffer areas are integrated into the site plan;

6-301.H. Mixed Uses. Uses permitted on review in the underlying zone district may be integrated into the development;

6-301.I. Parking and Height. In certain zone districts and under certain circumstances, height limits and parking standards may be varied.

6-302.A. Location. Application for PUD plan approval may be made for land located in any zoning district.

6-302.B. Minimum Size. There is no minimum parcel size requirement to be eligible for a PUD. However, in determining whether a project is a large scale or small scale PUD, all contiguous lots or land parcels under identical ownership shall be considered.

6-302.C. Zone District Map. An approved PUD plan shall be illustrated and designated as an overlay on the Official Zone District Map. Permanent underlying zoning designations and regulations shall remain unchanged and in the event a PUD is not completed or is terminated, the underlying zone district requirements shall continue to apply.

6-303.A. Large Scale PUD. A large scale PUD is a project which meets one or more of the following criteria:

6-303.B. Small Scale PUD. A small scale PUD is a project which meets one or more of the following criteria:

6-304.A. Variations Permitted. Certain dimensional limitations or maximum density of an underlying zone district may be modified or varied via the PUD process to the extent set forth in Table 6-1. Any limitation of the underlying zone district not explicitly varied shall be applied to development approvals granted via the PUD process. Nothing in this Division shall authorize approval of a use which is not permitted by right or permitted on review (the latter of which shall require approval pursuant to Article 6, Division 1) within the underlying zone district. Dimensional limitations shall be calculated after areas required for land dedication have been deducted from the total PUD area.

6-304.B. Maximums. The land use variations authorized under this Division are described as maximums. Maximum variations or flexibility is not guaranteed in the review or approval of and PUD submission. Specific variations may be established and approved if requested by the applicant or required by P&Z. Each application will be reviewed on its individual merits in relation to the criteria contained in this Division.

6-304.C. Review Standards. P&Z may authorize variations in any of the dimensional limitations identified in Section 6-304.A when, in its sole discretion, P&Z determines that granting the variation will enable the applicant to accomplish one or more of the following public purposes, or in the case of subsection (5) and (6) below, private purposes, which would not otherwise be achieved or required by applicable land use regulations. At a minimum, any potential impacts that result from granted variations shall be offset by the public or private purposes established by the approved PUD.

When granting any variation, P&Z must find that the PUD meets the review standards of Section 6-313 of this Division.

6-304.D. Map Notation. Any variation granted by P&Z shall be specifically noted on the final PUD plat.

6-305.A. Payment-In-Lieu. P&Z shall determine whether it is appropriate to allow a payment-in-lieu of parking prior to considering whether to grant a variation to reduce the number of required off-street parking spaces in a PUD. Payment shall only be waived, or a reduction granted, if P&Z finds the waiver or reduction will enable the applicant to accomplish the public purposes identified in Section 6-304.C. and the applicant meets the standards of Section 6-305.B.

6-305.B. Review Standards. The required number of off-street parking spaces in a PUD may be decreased below that required in the underlying zone district when the applicant demonstrates that the parking needs of the residents, guests and employees of the PUD have been met taking into account the following:

6-305.C. Assurances. Whenever the number of off street parking spaces is reduced because of the nature of the occupancy and/or use of the PUD, the reviewing body shall impose such conditions of approval as deemed necessary to insure that the nature of the occupancy or use will not change.

6-305.D. Maximum Variation. No parking variation shall be granted which reduces the required number of parking spaces by more than fifty percent (50%).

6-306.A. Review Process Steps. The PUD procedure involves three review steps, conceptual, preliminary and final review. Large scale PUDs shall comply with all three of the review steps while small scale PUDs need only comply with the preliminary and final review steps.

6-306.B. Large Scale PUDs. Large scale PUDs shall comply with the following three-step review:

6-306.C. Small Scale PUDs. Small scale PUDs shall comply with the following two-step review.

6-306.D. Consolidation.

6-306.E. H.A.R.C. Review. Prior to P&Z consideration, H.A.R.C. may, at the discretion of, and upon recommendation by, the Historic Preservation Director, review large scale PUDs at a work session if the subject property of the PUD is located in the THLD, or if the PUD proposes to modify certain dimensional limitations as allowed by the LUC, such as height, mass, scale, and spacing.

6-306.F. Form of PUD Approval. Approval for a PUD shall be given in a form that states the density allocated to the property as a number of units. The configuration and mix of the units may be adjusted as described herein, but no portion of the density allocation within any approved final PUD plan may be transferred to land that was not included in the plan.

The approved plan shall, at a minimum, designate:

6-307.A. Pre-Application Conference. The applicant shall attend a pre-application conference prior to submission of an application.

6-307.B. Submit Application. The applicant shall submit a complete application to the Planning Director containing those materials listed in Section 6-308 of this Division.

6-307.C. Staff Review and Referral. The Planning Director shall review and refer an application in conformance with Sections 5-203.A and B of this Title.

6-307.D. Public Notice. Public notice that P&Z will conduct a hearing to consider the application for conceptual PUD approval shall be a Level 4 Notice according to the provisions of 5-204.C.

6-307.E. Staff Report. A staff report shall be prepared and made available as called for in Section 5-203.C of this Title.

6-307.F. P&Z shall hold a public hearing to review an application and render a decision thereon in accordance with Sections 5-206.C and D of this Title.

6-307.G. Actions Following Approval. Approval of the conceptual PUD shall constitute authorization for the applicant to prepare and submit a preliminary PUD in accord with the representations made by the applicant and conditions applied to the conceptual PUD approval. Conceptual PUD approval shall be effective for a maximum period of twelve (12) months unless, upon application, P&Z grants an extension of time. A conceptual PUD shall not constitute a site specific development plan for purposes of vesting a property right.

6-308.A. Minimum Contents. The minimum contents for all applications specified in Section 5-202.C of this Title.

6-308.B. Sketch Plan. A sketch plan of the proposed PUD, at a scale of one inch equals twenty feet (1" = 20'), or such other scale as is approved by the Planning Director. The sketch plan shall illustrate the proposed conceptual development of the PUD, depicting:

6-308.C. Vicinity Map. A vicinity map, indicating the location of the proposed PUD and land uses and residential densities of other properties within four hundred (400) feet; the vicinity map should be at a scale no smaller than one inch equals one hundred feet (1" = 100').

6-308.D. Narrative. A written statement providing an explanation of the objectives to be achieved by the PUD. The narrative shall conceptually identify any variances from requirements of the underlying zone district that are requested and describe the conceptual features that constitute the proposed site design and building development program. The narrative shall also identify:

6-308.E. Housing Mitigation Plan, as required by Section 3-720.D.

6-309.A. Pre-Application Conference. The applicant may attend a pre-application conference prior to submission of an application.

6-309.B. Submit Application. The applicant shall submit a complete application to the Planning Director containing those materials listed in Section 6-310 of this Division.

6-309.C. Staff Review and Referral. The Planning Director shall review and refer an application in conformance with Sections 5-203.A and B of this Title. to determine whether it is complete, complies with the requirements of the underlying zone district and whether the preliminary plan complies with the approved conceptual plan.

6-309.D. Public Notice. Public notice that P&Z will conduct a hearing to consider the application for preliminary PUD approval shall be a Level 4 Notice according to the provisions of 5-204.C.

6-309.E. Staff Report. A staff report shall be prepared and made available as called for in Section 5-203.C of this Title.

6-309.F. Public Action By P&Z. P&Z shall hold a public hearing in accordance with Sections 5-206.C and D of this Title.

6-309.G. Actions Following Approval. Approval of the preliminary PUD shall constitute authorization for the applicant to prepare and submit a final PUD in accord with the representations made by the applicant and conditions applied to the preliminary PUD approval. Preliminary PUD approval shall be effective for a maximum period of twelve (12) months unless, upon application, P&Z grants an extension of time. A preliminary PUD shall not constitute a site specific development plan for purposes of vesting a property right.

6-310.A. Minimum Contents. The minimum contents for all applications specified in Section 5-202.C of this Title.

6-310.B. Improvements Survey. An improvements survey.

6-310.C. Existing Conditions Map. An existing conditions map of the site, containing a scale and north arrow, showing the following information for the site prior to demolition of any existing improvement or any alterations to natural vegetation and terrain:

6-310.D. Site Plan. A site plan portraying the major features of the proposed PUD prepared at a scale of not less than one inch equals twenty feet (1" = 20'), or such other scale as is approved by the Planning Director. The site plan shall contain sufficient detail to allow for preliminary evaluation of land planning, building design, and other features of the proposed PUD. The site plan shall contain a scale and north arrow and illustrate, as applicable, the following information:

6-310.E. Architectural and Landscape Drawings.

6-310.F. Narrative. A written statement submitted with the preliminary plan shall contain the following information:

6-310.G. Housing Mitigation Plan, as required by Section 3-720.D.

6-311.A. Pre-Application Conference. The applicant may attend a pre-application conference prior to submission of an application.

6-311.B. Submit Application. The applicant shall submit a complete application to the Planning Director containing those materials listed in Section 6-312 of this Division.

6-311.C. Staff Review and Referral. The Planning Director shall review and refer an application in conformance with Sections 5-203.A and B of this Title.

6-311.D. Approval of Final Plan. If the final plan and proposed plat conform with the approved preliminary plan, then it shall be finally approved by the Planning Director and P&Z Chairperson. If the final plan or plat proposed or requested, does not substantially conform with the approved preliminary plan final plan or plat, they shall be remanded to P&Z for a new review and preliminary approval at a public hearing after which it shall be subject again to final approval as provided herein.

6-311.E. Filing. The Mayor, P&Z Chairperson, Planning Director, and Town Engineer shall sign approved final plans and plats within a reasonable time after submission of all required documents and evidence that all applicable conditions in the PUD plan and any improvements agreement have been met. Upon prepayment by the applicant of the County Clerk’s recording fee the Planning Director shall record the executed final plat together with any improvements agreement in the office of the Clerk and Recorder.

6-311.F. Notice. Public notice announcing the approval of a final PUD plan and plat shall be published in accordance with the provisions of Section 5-208.H of this Title.

6-311.G. Vesting. An approved final PUD plan and or plat shall constitute a site specific development plan; as such, it is subject to the vested rights provisions of Section 5-208 of this Title.

6-311.H. Map Notation. Following recordation of the final plan/plat, the Planning Director shall place a notation on the Official Zone District Map that the subject parcel is a PUD.

6-311.I. Obtain Building Permit. An applicant may obtain a building permit for development or construction as authorized under a final PUD approval only after the final plat and any improvements agreement have been approved, publicly noticed, executed, and filed of record, and all prerequisite conditions of approval satisfied, including the payment of all fees, as specified under Section 5-209 of this Title.

6-312.A. Minimum Contents. The minimum contents for all applications specified in Section 5-202.C of this Title;

6-312.B. Final Development Plan. A final PUD plan shall be submitted on permanent mylar sheets. All drawings showing proposed site development shall have a scale of not less than one inch equals twenty feet (1" = 20'), or such other scale as is approved by the Planning Director.

6-312.C. PUD Agreement. For any PUD in which variances are granted or public improvements required, the applicant shall submit a PUD agreement providing guarantees for the improvements as required of subdividers in Section 6-409 of this Division. The PUD agreement shall be referred to the Town Manager for approval in the same manner as a subdivision improvement agreement pursuant to Section 6-409.D of this Title. PUD agreements may also be required for PUDs involving numerous or complex conditions of approval. PUD agreements shall run with and be a burden upon the land to which they apply.

6-313.A. Master Plan. The PUD is consistent with the purposes and policies of the Telluride Master Plan.

6-313.B. Site Design. The PUD utilizes site design techniques that enhance the quality of the development based on the following factors or requirements:

6-314.A. Minor Modifications. Modifications to an approved final PUD may be approved by the Planning Director if such modifications are minor or are required by technical or engineering considerations which could not reasonably have been discovered prior to final approval. In determining whether a proposed change is a minor modification, the following guidelines shall apply:

6-314.B. Amendments. Any proposed change to a PUD not falling within the guidelines for a minor modification shall be considered an amendment and shall be reviewed pursuant to the terms and procedures for approval of a preliminary and final PUD Plan.

6-401.A. Arrangement of Streets. Encouraging the proper arrangement of streets in relation to existing or planned streets and the Telluride Master Plan;

6-401.B. Open Space. Providing for adequate and convenient open spaces;

6-401.C. Unsuitable Lands. Providing for drainage facilities and the restriction of development on land subject to flood, poor soils, and poorly suited for building because of danger from landslides, avalanches, mudflows or other geological hazards;

6-401.D. Development Pattern. Encouraging a safe and convenient pattern of land development which respects the Town’s historic development pattern and which is consistent with the Design Guidelines for Building in Telluride and the Telluride Master Plan;

6-401.E. Water Supply. Providing for public water supplies as needed to furnish citizens safe potable water;

6-401.F. Coordination. Encouraging coordination of interjurisdictional public improvements, plans and programs; and

6-401.G. Other. Regulating such other matters as the Planning and Zoning Commission and the Town Council may deem necessary in order to best protect the interests of the public.

6-402.A. Large Scale Subdivision. A large scale subdivision consists of the subdivision of a parcel of land in excess of fifteen thousand (15,000) square feet.

6-402.B. Small Scale Subdivision. A small scale subdivision consists of the subdivision of a parcel of land in excess of seven thousand five hundred (7,500) square feet, but not more than fifteen thousand (15,000) square feet.

6-402.C. Minor Subdivision. A minor subdivision is any one of the following activities:

6-403.A. Large Scale and Small Scale Subdivisions. Large scale and small scale subdivisions shall be subject to the following two step review:

6-403.B. Minor Subdivisions. Minor subdivision and final plats shall be reviewed under a one-step process by the Planning Director, except for the division into lots of parcels of land of seven thousand five hundred (7,500) square feet or less, or the aggregation of lots into a parcel of land of seven thousand five hundred (7,500) square feet or less, in which event such subdivision will be approved by the P&Z Chairperson after notice and public hearing.

6-404.A. Pre-Application Conference. The applicant shall attend a pre-application conference prior to submission of an application.

6-404.B. Submit Application. The applicant shall submit a complete application to the Planning Director containing those materials listed in Section 6-405 of this Division.

6-404.C. Staff Review and Referral. The Planning Director shall review the application to determine whether it is complete and complies with the requirements of the underlying zone district.

6-404.D. Engineering Review. The application shall be reviewed by the Town Engineer who shall provide a report to the Planning Director determining whether the preliminary plan conforms with the Town development standards, and make recommendations for compliance and reporting on any other areas of engineering interest. The Town Engineer, at his discretion and as deemed necessary, may solicit additional engineering services to be performed by another engineer(s). At anytime the Town Engineer is called upon or required to conduct a review under this Section, the cost for such review shall be paid by the applicant in accordance with Chapter 15-13, T.M.C.

6-404.E. Staff Report. A staff report shall be prepared and made available as called for in Section 5-203.C of this Title.

6-404.F. Public Notice. Public notice that P&Z will conduct a hearing to consider an application for preliminary subdivision approval shall be a Level 4 Notice according to the provisions of 5-204.C.

6-404.G. Public Action By P&Z. P&Z shall hold a public hearing to review an application and render a decision thereon in accordance with Sections 5-206.C and D of this Title.

6-404.H. Actions Following Approval. Approval of the preliminary plat shall constitute authorization for the applicant to prepare and submit a proposed final plat in accord with the representations made by the applicant and conditions applied to the proposed subdivision. Preliminary plat approval shall be effective for a maximum period of twelve (12) months unless, upon application, P&Z grants an extension of time. A preliminary plat approval shall not constitute a site specific development plan for purposes of vesting a property right.

6-405.A. Minimum Contents. The minimum contents for all applications specified in Section 5-202.C of this Title.

6-405.B. Small Scale Subdivision. Application contents for preliminary review shall be those as set forth in Section 6-407 for final approval.

6-405.C. Large Scale Subdivision.

6-405.D. Other. Additional information may be required by P&Z in order to adequately review the preliminary plan.

6-406.A. Pre-Application Conference. The applicant may attend a pre-application conference prior to submission of an application.

6-406.B. Submit Application. The applicant shall submit a complete application to the Planning Director containing those materials listed in Section 6-407 of this Division.

6-406.C. Review By Town Council. Land dedications and or payments in-lieu associated with large and small scale subdivisions, if any, must be reviewed and approved by Town Council. If any subdivision involves the vacation of an existing and or platted public right-of-way, Town Council shall review and approve such matter only at a public hearing. Town Council may accept, accept with conditions or reject any proposed land dedication.

6-406.D. Approval of Final Plat.

6-406.E. Filing. The Mayor, P&Z Chairperson, Planning Director, and Town Engineer shall sign all approved final plats within a reasonable time after submission of all required documents and evidence that all applicable conditions in the subdivision approval have been met. Upon pre-payment by the applicant of the County Clerk’s recording fee, the Planning Director shall record the executed final plat together with any required subdivision improvements agreement in the office of the County Clerk and Recorder. There shall be no sales, agreements to sell, leases or rentals of parcels of an approved subdivision until the final plat has been duly recorded.

6-406.F. Notice. Public notice announcing the approval of a final subdivision and/or subdivision plat that was subjected to a public hearing at either the preliminary or final approval stage shall be published in accordance with the provisions of Section 5-208.H of this Title.

6-406.G. Vesting. An approved final subdivision plan and/or plat that was subject to public hearing at either the preliminary or final approval stage shall constitute a site specific development plan.

6-406.H. Obtain Building Permit. A subdivider may apply for and receive a building permit for development or construction as authorized under a final subdivision approval only after the final plat and any improvements agreement have been approved, publicly noticed, executed, and filed of record, and all prerequisite conditions of approval satisfied, including the payment of all fees, as specified under Section 5-209 of this Title.

6-407.A. Minimum Contents. The minimum contents for all applications specified in Section 5-202.C of this Title.

6-407.B. Final Plat. One original drawn with India ink on plastic or mylar, one reproducible copy, and two prints of the final plat shall be submitted.

Sheet size shall be twenty four inches by thirty six inches (24" X 36") with a one half inch (1/2”) border on the top, bottom and right hand side, and a one-and-one-half inch (1 1/2”) border on the left hand side. (As many sheets as necessary may be submitted for a single plat or filing. If more than one sheet is used, the first sheet shall contain a sheet index map showing the relationship of the various sheets).

The final plat shall provide a permanent and accurate record of the exact size, shape, location and authorized use of the lots, blocks, streets, easements, improvements, monuments, common areas and other parcels of land within the subdivision and ensure that public improvements are located, constructed, and dedicated in an acceptable manner.

The final plat shall contain a north arrow and the following information:

6-407.C. Approvals And Certificates. The following statements shall be required on the final plat if applicable and shall be worded substantially as follows:

6-407.D. Supplemental Information Embodied. The final plat submittal shall include a certified statement by the applicant stating that all additional information as may have been requested as a condition of preliminary plat approval is embodied in the final plat.

6-407.E. Covenants And Restrictions. Three (3) copies of all the protective covenants or restrictions placed on the subdivision shall be included with the final plat submittal, one (1) copy of which shall be filed with the plat.

6-407.F. Conveyances To Town. The final plat submittal shall include where applicable a warranty deed conveying to the Town all lands to be dedicated to the Town other than streets, alleys, and rights of way as shown on the plat.

6-407.G. Improvements Agreement. The final plat submittal shall include where applicable a subdivision improvements agreement as specified in Section 6-409 and a proposal to meet the land dedication requirements of Section 6-410.

6-407.H. Improvements Data. The final plat submittal shall include where applicable engineering plans, descriptions, and cost estimates for all public improvements required by the subdivision improvements agreement as specified in Section 6-409.

6-407.I. Improvements Security. The final plat submittal shall include financial security for any public improvements as required in Section 6-409.

6-408.A. Steep Slopes. Special consideration and study shall be given to development on lands with slopes greater than thirty percent (30%) as defined and controlled by Article 8, Division 5 of this Title. In general, land with a slope of greater than thirty percent (30%), unstable land, and land with inadequate drainage shall not be platted unless a part of each lot sufficient to accommodate a building unit is deemed buildable by a qualified engineer, subject to the requirements of said Division. Particular attention must be paid to geologic and soil conditions, road grades, cut and fill slopes and revegetation. Special precautions, such as cribbing and retaining walls, may be required where needed.

6-408.B. Site Requirements. Subdivisions shall comply with the following conditions:

6-408.C. Streets.

6-408.D. Floodplain Areas. Development in the one-hundred (100) year floodplain shall be limited by governing authorities. Federal requirements shall be controlled through FEMA regulations. Local control shall be administered by P&Z pursuant to Article 8, Division 6 of this Title.

6-408.E. Geologic Hazards Areas. Development in geologic hazards areas shall be limited by governing authorities. Local control shall be administered by P&Z as directed through Article 8, Division 5 of this Title.

6-408.F. Environmental Protection.

6-408.G. Solar Access. Because subdivision layout can affect the future orientation of buildings and consequently determine the natural access to sunlight, and since the importance of solar access is recognized, subdivision plans shall be reviewed utilizing concepts presented in Department of Housing and Urban Development Document H 2573, “Protecting Solar Access for Residential Development,” available at Town Hall.

6-408.H. Street Drainage. Ditches shall be required on both sides of streets and designed to flow into the overall storm drainage system for the subdivision. Ditches shall be located between the shoulders of the street and sidewalk where sidewalks are required.

6-408.I. Walkways And Sidewalks. Walkways and sidewalks shall be constructed as required by Town regulations throughout the subdivision connecting existing or proposed sidewalks, walkways, paths and trails at the boundaries of the subdivision to promote the free movement of pedestrians traveling through the subdivision. Sidewalks shall be designed and built according to standards developed by the Town.

6-408.J. Street Signs And Names. The subdivider shall erect signs at street intersections setting forth the names of intersecting streets. Such signs will be consistent with standard design. New streets which are extensions of or in alignment with existing streets will bear the names of such streets. All new names of streets shall be approved by the Town Council. Signs shall be installed by the Town at the subdivider’s expense.

6-408.K. Water Supply And Sewage Disposal. All subdivisions shall be connected to public water supply and sanitary sewage disposal facilities. Water supply and sanitary sewage disposal laterals shall be required to all lots where paved surfaces are used. Water supply and sanitary sewage disposal facilities shall be designed and built according to standards developed by the Town.

6-408.L. Fire Hydrants. Fire hydrants shall be required in all subdivisions and will be located so that no hydrant is farther than two hundred fifty feet (250') from any other hydrant. No fire hydrant shall be acceptable unless the outlet threads correspond with the hose threads uses by the Telluride Fire Protection District.

6-408.M. Storm Drainage. Storm drainage shall be required to accommodate an expected maximum flow in any twenty five (25) year period for residential and collector streets and the one hundred (100) year period for arterial streets. Culverts or drainage pipes shall be galvanized, corrugated steel or the approved equivalent and shall be a minimum of eighteen inches (18") in diameter.

6-408.N. Street Lighting. Street lighting shall be provided in all subdivisions as required by P&Z or Town Council. Street lighting shall be designed and built according to standards developed by the Town.

6-408.O. Electricity, Gas And Telephone Lines. Electricity, gas and telephone lines shall be placed underground to preserve the natural character of the area.

6-408.P. Bridges. Bridges shall be designed by a registered engineer and will be constructed to prevent obstruction to a one hundred (100) year flood. A floodplain permit shall be obtained for all bridges prior to construction. There shall be no culverts used as bridges over the San Miguel River.

6-408.Q. Fencing. When the subdivision adjoins property in an agricultural use, the subdivider shall construct a six foot (6') fence capable of preventing small animals from passing through along his property line adjacent to the agricultural use.

6-408.R. Recreational Facilities. Any recreational facility proposed for dedication to the Town or other public agency shall be included in the subdivision improvements agreement.

6-408.S. Landscaping.

6-408.T. Off Street Parking. Off street parking as required by Article 3 of this Title shall be constructed for all structures and facilities and shall meet the requirements of Sections 3-108 and 3-109 of this Title. Pavement may be required by the Town for drives and parking areas or other types of structure and facilities when deemed consistent with the purposes of this Section.

6-408.U. Survey Monuments. All surveying data shall be tied to primary control points, the location and description of which shall be recorded with the county clerk. Permanent survey monuments shall be set at all subdivision boundary corners, at points within the subdivision where there is a change of direction, and at all lot corners and intersections of street centerlines. The monuments shall not be more than one thousand three hundred twenty feet (1,320') apart. Construction of survey monuments shall be as set forth in standards developed by the Town. All monuments and surveys shall be set and performed in accordance with Articles 50 and 51 of Title 38, C.R.S.

6-408.V. Other Improvements. Other improvements not specifically provided for in this Section but found appropriate and necessary given the characteristics or requirements of the subdivision shall be constructed within such time and in conformance with such specifications as agreed upon by the subdivider.

6-408.W. Prohibition on Certain Lot Line Vacations. Within the Hillside Transitional, Residential, Historic Residential, Accommodations One, or Residential/Commercial Zone Districts, a lot that contains a one or two-family dwelling unit may only be consolidated or aggregated with one or more adjoining lots, or two or more vacant lots may only be consolidated or aggregated, to eliminate non-conforming lots as per Article 4; or to eliminate pre-existing building encroachments across lot lines, including open decks, porches, roof eaves and stoops; or by means of a PUD.

6-409.A. Purpose. A subdivision improvements agreement is a written contract between the Town and a subdivider providing for and describing conditions of approval for public and private improvements to be constructed as part of a subdivision development. 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.

6-409.B. Agreement Required. No final subdivision plat shall be signed by the Town and no building permit issued for any subdivision involving or requiring the installation of public improvements absent the execution of a written subdivision agreement as provided for in this Section. However, in the case of a minor subdivision or subdivisions which have previously been the subject of an SIA, the Planning Director may waive the requirement for an SIA in lieu of one or both of the methods and provisions outlined in Section 3-302.D. of this Title. All agreements for the installation of public improvements are to be recorded simultaneously with the recording of the final subdivision plat unless a final plat is not required. Any agreements shall run with and be a burden upon the land to which they apply. The determination of the type, location, and extent of public improvements to be specified within an agreement shall be completed pursuant to Section 3-302 of this Title.

6-409.C. Approvals. Subdivision agreements shall be reviewed and approved by the Town Manager in consultation with the Planning Director and Town Attorney. SIAs shall be recorded concurrently with the final subdivision plat.

6-409.D. Amendments to Subdivision Improvements Agreements.

6-409.E. Collateral Required.

6-409.F. Release of Collateral. A subdivider may apply in writing to the Town Manager for a partial release or full release of posted collateral from time to time as improvements secured by the collateral are completed. Upon receipt of a request to release collateral, the Town Manager shall direct the Town Engineer to inspect such improvements as have been completed. If the Town Engineer determines from an inspection that the improvements have been installed in a satisfactory manner consistent with the final plat and subdivision approval(s), such portion of the collateral corresponding to the percentage of the improvements completed shall be released by the Town Manager. In no event shall the amount of collateral retained by the Town be reduced below that necessary to secure the full and timely completion of any improvements not yet fully installed. Partial releases of collateral shall only be made in increments of not less than twenty percent (20%) of the total amount initially posted, except for the final release after the completion and acceptance of all required improvements.

6-409.G. Use of Collateral By Town. If the Town Manager determines that reasonable grounds exist to believe that a subdivider is failing or will fail to install improvements as required by the subdivision agreement, the Town Manager shall notify the subdivider in writing that: 1) the Town intends to draw on the collateral for the purpose of completing the improvements; 2) the reasons therefor; and 3) the subdivider may request a hearing before the Town Council on the matter, such request to be made no less than fifteen (15) days from the date of the notice. Should a hearing not be requested within fifteen days, or should the Town Council conduct a hearing and thereafter determine that the subdivider is failing or has failed to satisfactorily install required improvements, the Town may thereafter draw on the collateral as necessary to construct the improvements. In such event, the Town shall be entitled to recover such costs as are reasonable to administer the construction of the improvements.

6-409.H. Phased Inspections and Correction of Defects.

6-409.I. Preliminary Acceptance.

6-409.J. Final Acceptance and Release Of Collateral.

6-410.A. Purpose. Parks, open space, recreational and other municipal service facilities have been determined by the citizens of the Town of Telluride to be desirable and essential features of the Town. It has further been determined that land development inherently contributes to increases in the Town’s population and the number of persons visiting the Town, thus, placing greater demands and pressures on existing parks, open space, recreational and other municipal service facilities. In order to protect and maintain community standards regarding the availability, quality and accessibility of parks, open space, recreational and other municipal facilities, the Town Council finds that it is necessary and appropriate to enact land development dedication requirements as provided for in this Section so as to ensure that new development pays a fair and equitable share of the cost of providing for new or expanded facilities necessitated by such development and to provide relief to current Town residents from having to bear the full costs of mitigating the impacts of such development.

6-410.B. Applicability. Every large scale subdivision shall include a dedication of ten percent (10%) of the gross land area of the subdivision to the Town or other entity as determined by the Town Council to be used for public parks and recreation areas, open space, or municipal purposes requiring land. Small scale subdivisions may also be required upon the recommendation of P&Z to include a public dedication of land of up to ten percent (10%) if such subdivision will impose a burden upon public facilities. Town Council shall approve or disapprove any small scale subdivision dedication. Land dedications as provided for in this section shall not be required where a dedication was previously obtained as a result of an earlier subdivision approval, except when the new subdivision imposes an increased incremental impact upon public facilities.

6-410.C. Form of Dedication. All dedications of land as required under this section shall be dedicated in fee simple to the Town as a condition of subdivision approval. If Town Council determines that such a dedication is inappropriate or impractical as a result of the nature, location or geography of the subdivision, then a payment in-lieu corresponding to the value of such dedication shall be required. Note: Calculations establishing the dimensional requirements or limitations for development within a subdivision or PUD, as well as calculating other additional dedications, shall be based on that total project area remaining after the deduction of the ten percent (10%) land dedication requirement as provided for in this Section.

6-410.D. Specifications For Dedicated Lands.

6-410.E. Private Recreation Facilities. The total area required for any land dedication may be reduced by up to fifty percent (50%) when private recreation facilities are to be provided as part of any development and Town Council finds all of the following:

6-410.F. Payment In Lieu of Dedication.

6-412.A. Purpose. The purpose of this section is to provide review processes to ensure that the creation or conversion of condominium subdivisions will comply with the Uniform Building Code as amended by the Town of Telluride and other provisions of this Title.

6-412.B. Definitions. As used in this section the following terms shall mean as follows unless the context in which a term appears otherwise requires:

6-412.C. Procedure.

6-412.D. Application Contents.

6-412.E. Condominium Conversion.

6-412.F. Standards for Review of Condominium Subdivisions.

6-412.G. Standards for Condominium-Hotels.

6-412.H. Criteria for Conversions of Hotels into a Condominium Hotel Project. The conversion of a hotel into a condominium-hotel project shall meet the following criteria:

6-413.A. Purpose. The requirements of this section shall apply to all time sharing projects and sales within the Town and are in addition to other applicable requirements set forth by the State.

6-413.B. Location And Review Procedure. Time sharing may only be permitted within zone districts where it is designated as a use permitted by right. A request for approval of a time sharing project must be submitted in accordance with the requirements and procedures contained in this Division 4.

6-413.C. Application Contents. An application for a time share development shall contain the following information:

6-413.D. Standards And Review Criteria. In addition to those standards and review criteria generally pertaining to subdivision and use permitted on review, the following shall also be considered in evaluating a time share project or unit:

6-413.E. Disclosure. A written sworn disclosure statement containing sufficient detail and information to allow the Town to verify the information shall be filed with the Town at the time the application is submitted and updated as required in this Section. Prior to a purchaser’s signature on any contract of sale, the purchaser shall be provided a copy of the disclosure statement and informed of its contents. The disclosure statement shall contain and accurately disclose the following:

6-413.F. Updating And Filing. The applicant and applicant’s successors and assigns and/or homeowners association, other than individual unit purchasers, shall have a continuing duty to update the disclosure statement and file it with the Town. No amendment which shall significantly alter the disclosure statement or time share project instruments shall be effective unless approved and accepted by the town and filed in the office of the county clerk and recorder.

6-413.G. Time For Provision Of Disclosure Statement. Before transfer of a time share unit and no later than the date of execution of any contract of sale, the applicant or any other seller of a time share unit shall provide the intended transferee with a copy of the disclosure statement and any amendments thereto.

6-413.H. Building Code, Health And Safety Requirements. Previously existing structures which are converted to time sharing use shall comply with current fire and building codes. In such cases the Building Official shall inspect the structure and determine that there is no present danger to the health and safety of occupants.

6-413.I. Time Share Project Instruments. Time share project instruments shall include, without limitation, the following documentation or information:

6-413.J. Marketing Practices. The marketing and sale of time share units shall be governed by the real estate laws set forth in Title 12, Article 61, C.R.S. 1973, as amended.

6-413.K. Binding Effect. The requirements of this section and any approval granted pursuant to this section shall be binding on the applicant and the applicant’s successors or assigns.

6-413.L. Disclosure Of Information. This Section is intended to regulate the creation and sale of time share interests within the Town, and no warranty or guarantee is made by the Town with regard to the completeness or accuracy of any information or documentation submitted to the Town or any approval granted by the Town. No person may advertise or represent that the Town or any of its officers or employees have recommended the sale or purchase of time share units.

6-413.M. Sales Tax. Occupancy of any time share unit by anyone other than the owner thereof who pays a fee for the use of the unit shall be subject to the Town’s sales tax, if any, the same as if such occupancy were of a hotel or lodge unit. The manager of the association shall be responsible for obtaining a business license and the timely collection of the sales tax for the Town.

6-413.N. Remedies. In addition to all remedies provided by law and this Title, the provisions of this section are enforceable as follows:

6-414.A. Authority. The Town Council may void, withdraw, or rescind any approval of a final plat or any portion of such final plat, or any related subdivision agreement, upon determination that information provided by a subdivider upon which such approval was based is false or inaccurate.

6-414.B. Public Hearing. Upon a determination that reasonable grounds exist to believe that false or inaccurate information may have been provided on an application for a subdivision approval, subdivision plat, or subdivision agreement, the Town Council may set a public hearing at which any interested person may present testimony.

6-414.C. Resolution. If approval of a recorded plat and/or subdivision improvements agreement is withdrawn and/or a plat declared vacated, the decision of the Council shall be detailed in a written resolution stating findings of fact and a description of the property. Such resolution shall then be recorded with the County Clerk and Recorder and shall be effective from the date of recording. Written notice of the action by the Council shall be mailed by regular mail to all owners of property in the affected subdivision.

6-501.A. Code Amendments. Amendments, supplements, changes or repeals of this Title or any section thereof may be initiated by application of:

6-501.B. Map Amendments. Amendments, supplements, changes, or repeals of the Official Zone District Map may be initiated by application of:

6-501.C. Map Notation of PUD Approval. Notwithstanding anything in this Division to the contrary, the Planning and Zoning Commission may finally approve a proposed planned unit development plan and cause a notation thereof to be affixed to the Official Zone District Map in accordance with Division 3 of this Article 6, Planned Unit Development.

6-502.A. Pre-Application Conference. The applicant shall attend a pre-application conference prior to submission of an application.

6-502.B. Submit Application. The applicant shall submit a complete application to the Planning Director containing those materials listed in Section 6-503 of this Division.

6-502.C. Staff Review and Referral. The Planning Director shall review the application to determine whether it is complete and complies with the requirements of this Title.

6-502.D. Public Notice. Public notice that P&Z will conduct a hearing to consider the application for an amendment to the Land Use Code or the Official Zone District Map shall be a Level 2 Notice according to the provisions of 5-204.C.

6-502.E. Staff Report. Prior to the public hearing to consider the application, the Planning Director shall prepare and forward a report to P&Z summarizing any review agency comments received evaluating the application’s compliance with the review standards contained in this Division and other applicable provisions of this Title.

6-502.F. Public Action By P&Z. P&Z shall hold a public hearing to review the conformance of the application with all applicable provisions of this Title. P&Z shall certify a recommendation to the Town Council of approval, approval with conditions, or denial of the application within thirty (30) days after the final public hearing thereon. P&Z’s recommendation shall be based on specific findings of fact as to compliance of the application with the standards set forth in this Division. P&Z may continue the hearing from time to time as it deems necessary.

6-502.G. Public Notice for Council Hearing. The Town Council may only approve proposed amendments to the Official Zone District Map or text of the Land Use Code by ordinance in accordance with the notice, public hearing, and publication requirements of Section 4.12 of the Telluride Home Rule Charter.

6-502.H. Public Action By Town Council. The Town Council shall act upon the recommendations of P&Z at a public hearing. The Council may remand a proposed code amendment or amendment to the zone district map to P&Z for additional study. P&Z shall conduct a hearing on any remanded matter pursuant to a Level 2 Notice according to the provisions of 5-204.C.

6-502.I. Actions Following Approval. Upon the approval of an amendment to the Official Zone District Map, the Planning Director shall place the amendment on the Town’s official district map.

6-502.J. Temporary Suspension of Building Permits and Development Applications Exceptions.

6-503.A. Minimum Contents. The minimum contents for all applications specified in Section 5-202.C of this Title;

6-503.B. Code Amendments. If the application requests an amendment to the text of the Land Use Code, the precise wording of the proposal shall be provided along with an explanation of why the amendment should be adopted.

6-503.C. Map Amendments. If the application requests an amendment of the Official Zone District Map, the application shall include:

6-504.A. There has been a substantial change in conditions in the neighborhood or area proposed to be rezoned since the date of approval of the existing zoning map designation;

6-504.B. There has been a substantial change in the circumstances or conditions of the Town at large;

6-504.C. There is demonstrated to be an error in the existing zoning or LUC text;

6-504.D. The proposed amendment is in conformance with or would implement the Telluride Master Plan, as amended;

6-504.E. The area proposed to be rezoned is peculiarly suitable for the uses permitted in the proposed new zone district; or

6-504.F. There exists a substantial and compelling public interest in such amendment.

6-601.A. Master Plan Consistency. All annexations shall be consistent with the Telluride Master Plan.

6-601.B. Utility Service Extensions. Consent to annexation by benefited landowners shall be a condition of extension or expansion of municipal utility service outside of the municipal boundaries, as provided in Section 31-12-121, C.R.S., or otherwise, unless waived by the Town Council.

6-602.A. Preliminary Annexation Review. Preliminary review of the annexation by the Planning and Zoning Commission.

6-602.B. Final Annexation Review by P&Z. Final annexation review before the Planning and Zoning Commission.

Preliminary and Final annexation reviews may be combined with the approval of the Planning Director.

6-603.A. Pre-Application Conference. In the case of a landowner initiated annexation, the applicant shall attend a pre-application conference with the Planning Director prior to submission of a preliminary application for annexation review to the Town.

6-603.B. Submit Application. In the case of a landowner initiated annexation, the applicant shall submit a complete application to the Planning Director, containing those materials listed in Section 6-604 of this Division. In the case of other than a landowner initiated application, the Town Manager shall determine who shall prepare and process the application which may include Town staff, if appropriate. The designated person or entity will hereinafter be referred to as the applicant.

6-603.C. Staff Review and Referral. The Planning Director shall review the application to determine whether it is complete and is consistent with the requirements of the Telluride Master Plan.

6-603.D. Public Notice. Public notice that P&Z will conduct a hearing to consider the preliminary application for annexation review to the Town shall be a Level 4 Notice according to the provisions of 5-204.C. If, in the opinion of the Planning Director, the size of the proposed annexed area makes mailing individual notices unduly burdensome, the mailing of notice may be waived.

6-603.E. Staff Report. Prior to the public hearing to consider the application, the Planning Director shall prepare and forward a report to P&Z summarizing any review agency comments received and evaluating the application’s compliance with the review standards contained in this Division and other applicable provisions of this Title.

6-603.F. Public Action By P&Z. P&Z shall hold a public hearing to review the conformance of the application with all applicable provisions of this Title. At the preliminary review hearing, P&Z shall certify a recommendation to the Town Council of approval, approval with conditions or denial of the application. P&Z is also authorized, at its discretion or upon request by the applicant, to table the application so the applicant may make modifications or provide additional information before it takes final action.

6-604.A. Minimum Contents. The minimum contents for all applications specified in Section 5-202.C of this Title;

6-604.B. Vicinity Map. A vicinity map which shows the relationship of the area to be annexed and the existing Town limits including existing and proposed:

6-604.C. Preliminary Master Plan. The preliminary master plan for the proposed land use and requested or suggested zoning of the area to be annexed, including:

6-604.D. Annexation Impact Analysis. An annexation impact analysis for all annexations, unless waived by P&Z, or the Town Council, that includes:

6-604.E. Cost/Benefit Report. An annexation cost/benefit report for all annexations, unless waived by P&Z, or the Town Council, that, at a minimum, includes:

6-605.A. Pre-Application Conference. The applicant may attend a pre-application conference prior to submission of an application for final annexation of land to the Town.

6-605.B. Submit Application. If preliminary approval of the annexation application is granted by P&Z, and the Town Council, after a hearing conducted pursuant to Sections, 31-12-108,109, C.R.S., shall have determined that the proposed annexation meets the applicable requirements of Sections 31-12-104, 105, C.R.S., the applicant may submit an application for final annexation to the Planning Director, containing those materials listed in Section 6-606 of this Division.

6-605.C. Staff Review and Referral. The Planning Director shall review the application to determine whether it is complete.

6-605.D. Staff Report. Prior to the public hearing to consider the application, the Planning Director shall prepare and forward a report to P&Z summarizing any review agency comments received and evaluating the application’s compliance with the review standards contained in this Division and other applicable provisions of this Title.

6-605.E. Public Notice. Public notice that P&Z will conduct a hearing to consider the final application for annexation of land to the Town shall be provided as a Level 2 Notice according to the provisions of 5-204.C. The notice shall include a map of the proposed annexation.

6-605.F. Public Action By P&Z. P&Z shall hold a public hearing to review the conformance of the application with all applicable provisions of this Title. At the conclusion of its final review hearing, P&Z may send its final recommendation to the Town Council, or may continue the public hearing.

6-606.A. Map. A mylar map of the boundaries of the property proposed to be annexed shall be submitted for final review. The map shall be prepared at a scale of one inch equals twenty feet (1" = 20'), or such scale as is determined by the Planning Director, shall state the date of preparation, written and graphic scale and north arrow and shall contain the following information:

6-606.B. Annexation Agreement. A copy of a proposed annexation agreement, if any, shall be submitted, describing and guaranteeing public benefit to the Town. The agreement shall specify what land areas are to be dedicated for public use, or what equivalent monetary benefit will be paid, and what other types of public benefit will be provided within a contracted period of time, specifically addressing employee housing, parking and transportation structures, recreational corridors and facilities, installation and undergrounding of utilities, drainage, and conveyance of tributary and non tributary water rights.

6-607.A. Use. That the plan for the use of the area to be annexed is acceptable;

6-607.B. Open Space. That proposed open spaces have a workable program established for maintenance and upkeep and are coordinated with the Town’s open space program, when possible;

6-607.C. Necessary. That the proposed annexation is necessary or desirable and will contribute to the general well being of the community;

6-607.D. Health, Safety and General Welfare. That the proposed annexation will not be detrimental to the health, safety or general welfare of persons residing within the corporate boundaries or injurious to property or improvements in the vicinity;

6-607.E. Master Plan. That the proposed annexation is in harmony with the intent of the Telluride Master Plan;

6-607.F. Advantages. That the advantages of the annexation to the Town outweigh the disadvantages;

6-607.G. Defined Town Edge. That the annexation and the development or land uses proposed would tend to maintain the compact development patterns of the Town;

6-607.H. Logical Road System. That the area has incorporated in its design, if a design has been developed, a logical extension of road and/or transportation systems where necessary;

6-607.I. Utilities. That the extension of municipal water and sewer lines would be feasible in the area;

6-607.J. Maps. That the applicant has agreed to update any geologic hazard, floodplain and other applicable mapping for the area to be annexed. The update work shall be done by a qualified person of the Town’s choosing and shall be paid for by the applicant.

6-701.A. Lots or Tracts. It is unlawful to park a mobile home on any lot or tract of ground within the Town, other than in a licensed mobile home park, subject to the requirements established in this Division.

6-701.B. Streets or Alleys. It is unlawful within the limits of Town for any person to park any mobile home on any street, alley, highway or other public place, except for emergency or temporary stopping or parking. Such emergency or temporary stopping or parking shall be limited to a period of time not in excess of twenty four (24) hours’ duration and subject to any other and further prohibitions, regulations and limitations imposed by the traffic and parking regulations or ordinances for and applicable to the street, alley or highway right of way.

6-702.A. Requirements. A temporary mobile home permit may be issued by the Town Council, upon a determination that all of the following requirements have been met:

6-702.B. Expiration. Any such permit authorized pursuant to this Section shall expire automatically six (6) months from the date of issuance, unless within such six (6) month period an extension has been granted.

6-703.A. License Required. Any occupied mobile home space which is located outside the boundaries of a licensed mobile home park on the effective date of the ordinance from which this section originally derives and any spaces used or held for use for school faculty or business purposes shall be permitted to be continued for such purpose so long as the required annual license fee is paid to the Town Clerk for each such space, by March 15th of each year. Such uses shall be deemed abandoned and no longer entitled to the benefits of this section if any of the following conditions are found to exist:

6-703.B. Eligibility. To come within the provisions of this section, the occupant of the mobile home or the owner of the space must register the same with the Town Clerk within thirty (30) days of the effective date of the amending ordinance from which this section originally derives and obtain a permit for the mobile home. Thereafter, upon compliance with this division and payment of the annual license fee, the Town Clerk shall issue a permit each year.

6-705.A. Pre-Application Conference. The applicant shall attend a pre-application conference prior to submission of an application to obtain a license for a mobile home park.

6-705.B. Submit Application. The applicant shall submit a complete application to the Planning Director, containing those materials listed in Section 6-706 of this Division.

6-705.C. Staff Review and Referral. The Planning Director shall review the application to determine whether it is complete and complies with the requirements of the underlying zone district.

6-705.D. Public Notice. Public notice that P&Z will conduct a hearing to consider the application for approval of a mobile home park license shall be a Level 4 Notice according to the provisions of 5-204.C.

6-705.E. Staff Report. Prior to the public hearing to consider the application, the Planning Director shall prepare and forward a report to P&Z summarizing any review agency comments received and evaluating the application’s compliance with the review standards contained in this Division and other applicable provisions of this Title.

6-705.F. Public Action By P&Z. P&Z shall hold a public hearing to review the conformance of the application with all applicable provisions of this Title. P&Z shall certify a recommendation to the Town Council of approval, approval with conditions or denial of the application, within thirty (30) days after the final public hearing thereon. P&Z’s recommendation shall be based on specific findings of fact as to compliance of the application with the standards set forth in this Division.

6-705.G. Public Action By Town Council. The Town Council shall act upon the recommendations of P&Z at a regular meeting. The Town Council may approve, approve with conditions, or deny the application, based on its determination of whether the plans for the mobile home park are in compliance with all provisions of this Division and all other applicable Town regulations. The Council may also, at its discretion or upon request by the applicant, table the application so the applicant may make modifications or provide additional information before the Council takes final action.

6-705.H. Actions Following Approval. The applicant may apply for a building permit following approval of the use permitted on review and the filing and, if applicable, recordation of any documents required by the approval. Upon completion of the park according to the approved plans, the Town shall issue a mobile home park license to the applicant.

6-706.A. Minimum Contents. The minimum contents for all applications specified in Section 5-202.C of this Title;

6-706.B. Site Plan. A site plan of the mobile home park, which shall be in conformance with the standards of Section 6-707 of this Title;

6-706.C. Building Plans. Plans and specifications of all buildings, improvements and facilities constructed or to be constructed within the mobile home park; and

6-706.D. Additional Information. Such further information as may be requested by P&Z to enable it to determine if the proposed mobile home park will comply with all requirements of this Title.

6-707.A. Parcel Size And Contiguity. The land used for a mobile home park shall be a single, unified parcel in which all the parts thereof are contiguous one with another, except for any intervening streets and alleys. The parcel shall consist of not less than three (3) nor more than ten (10) acres, exclusive of such streets and alleys.

6-707.B. Independent Mobile Homes. Only independent mobile homes are permitted in mobile home parks.

6-707.C. Drainage Grade. The mobile home park shall be built in a well drained site of not over seven percent (7%) grade, which is not subject to flooding.

6-707.D. Access To Street. The mobile home park shall have access to a public street or highway.

6-707.E. Common Open Area. The mobile home park shall provide a common open space, for exclusive use of the residents of the park, which shall contain not less than six hundred (600) square feet per mobile home space. If playgrounds are provided within the common open area, such playgrounds shall be completely fenced and protected from automobile traffic.

6-707.F. Spaces, Lots and Pads.

6-707.G. Off Street Parking. Each mobile home space shall provide an off street, hard surfaced parking space for one (1) automobile.

6-707.H. Plan Of Ways, Walks And Spaces. The applicant shall also show on the plan all entrances and exits to the park, driveways and walks, and the design and arrangement of all mobile home spaces.

6-707.I. Driveways And Streets. All mobile home spaces shall abut upon a one way paved driveway of not less than twenty eight feet (28') in width which shall have unobstructed access to a public street or highway. Two (2) way traffic within the park shall require thirty six foot (36') wide paved streets. The posted speed limit in the mobile home park shall be five (5) miles per hour.

6-707.J. Walkways.

6-707.K. Electrical Outlets. An electrical outlet complying with all applicable codes, and supplying at least two hundred twenty (220) volts shall be provided for each mobile home space.

6-707.L. Landscaping. All common open areas shall be planted in a grass appropriate to the region. A substantial amount of landscaping and vegetative screening is required. Possible examples of landscaping include tree planting, hedges, border beds and gardens. All common areas will be maintained by the mobile home park management for the exclusive use and enjoyment of the tenants. This service will be provided at no additional cost over and above the rental fee. Additional recreational facilities may be added as the need develops.

6-707.M. Water Supply. Water shall be supplied from the Telluride water system to all buildings and mobile home spaces within the park. Each mobile home space shall be provided with a cold water tap.

6-707.N. Sewerage. All sewerage from the mobile home park shall be discharged into the Telluride sewer system. Each mobile home space shall be provided with a trapped sewer at least four inches (4") in diameter for which the license shall pay the standard tap fee.

6-707.O. Service Building Specifications. Each mobile home park shall provide a service building to house toilet and laundry facilities and other necessary services, meeting the following specifications.

6-707.P. Garbage Cans. Metal garbage cans with tight fitting covers shall be provided in quantities adequate to permit disposal of all garbage and rubbish. Garbage cans shall be located not farther than three hundred feet (300') from any mobile home space. The cans shall be kept in sanitary condition at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that the garbage cans will not overflow.

6-707.Q. Additions Skirting. Porches, cabanas and awnings open on at least two (2) sides may be added to mobile homes, provided the addition does not extend more than six feet (6') from the mobile home. Skirting of mobile homes is permissible, provided such skirting does not permanently attach the mobile home to the ground. All additions to mobile homes shall meet the structural requirements of the Building Official.

6-707.R. Register.

6-707.S. Cleanliness Supervision. The licensee shall be in charge at all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition. The attendant or caretaker shall be answerable, with the licensee or permittee, for the violation of any provision of this division to which the licensee or permittee is subject.

6-708.A. Posting of License. The license certificate or temporary permit shall be conspicuously posted in the office of, or on the premises of, the mobile home park at all times.

6-708.B. Renewal of License. Upon application in writing by a licensee for renewal of a license, the Building Official shall inspect the mobile home park to ensure that the requirements of this Division are implemented. After this inspection, P&Z shall, based on the results of the inspection, reissue or refuse to reissue the license.

6-708.C. Transfer Of License. Upon application in writing for transfer of license and payment of the transfer fee, the Town Clerk shall issue a transfer of license.

6-708.D. Revocation Of License. The Town may revoke any license to maintain and operate a park when the licensee has been found guilty of violating any provision of this Division.

6-803.A. The location, size, design, operating characteristics, and visual impacts of the proposed use or structure.

6-803.B. The compatibility of the proposed temporary use or structure with the character, density and use of structures and uses in the immediate vicinity.

6-803.C. The impacts of the proposed temporary use or structure on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character.

6-803.D. The duration of the proposed temporary use or structure and whether a temporary use or structure has previously been approved for the structure, parcel, property or location as proposed in the application.

6-803.E. The purposes and intent of the underlying zone district in which the temporary use or structure is proposed.

6-803.F. The relation of the temporary use or structure to conditions and character changes which may have occurred in the area and underlying zone district in which the use or structure is proposed.

6-803.G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare.

6-806.A. Temporary uses and structures may be granted for a period not to exceed one hundred eighty (180) days from the date upon which the Town Council approved same, unless a shorter period is specified in the approval.

6-806.B. Town Council may grant one extension of an approved temporary use or structure. Requests for an extension must be submitted in writing to the Planning Director no less than thirty (30) days prior to the expiration of the initial permit period for the subject temporary use or structure. All proposed extensions of a temporary use or structure shall be evaluated under the same criteria as set forth in Sections 6-803 and 6-805 above. Town Council shall hear and approve or deny all extension requests at a public meeting. No extension shall exceed one hundred eighty (180) days. A timely and properly filed request for an extension shall allow the continuation of an existing temporary use or structure until such time as the Town Council has ruled on the extension request.

6-806.C. Temporary uses and structures that provide for public facility uses, as defined in this Title, may be granted for a period not to exceed three (3) years from the date upon which the Town Council approved the same, unless a shorter period is specified in the approval. Such an approval may be extended pursuant to subsection B of this Section, except that Town Council may approve an extension of any time period necessary to temporarily further any governmental, civic or public service function.

6-806.D. Temporary structures on private property and used exclusively for enclosed or sheltered dining in areas otherwise utilized for open outdoor dining, and not in areas that impede access to the primary structure or that obstruct any portion of designated on-site parking, may be approved by Town Council pursuant to this Section. The temporary structures subject to approval under this Section are defined as shelters or enclosures assembled or constructed with hard surface exteriors and openings without permanent foundations and does not include tents, umbrellas, or other similar types of shade structures that are otherwise permitted. Such temporary structures may be approved by Town Council for a maximum of one hundred eighty (180) days per calendar year, for a period not to exceed three (3) consecutive years per application. Such temporary structures may be permitted for more than one hundred eighty (180) days per calendar year, except that HARC shall review and make recommendations prior to Town Council consideration on the application. Nothing herein shall prevent the submittal of a new application upon the expiration of the three (3) year approval period, or other shorter period as specified in the approval.

6-808.A. The general application information required in Section 5-202.C of this Title.

6-808.B. A site plan showing property lines and existing and proposed features relevant to the temporary use or structure and its relationship to uses and structures in the immediate vicinity.

6-808.C. If the application involves development of a new structure, or expansion or remodeling of an existing structure, then proposed elevations of the structure must be provided.

6-808.D. Such other information as deemed necessary by the Planning Director for purposes of evaluating the application.

6-809.A. Insubstantial Amendment. An insubstantial amendment to an approved development order for a temporary use or structure may be authorized by the Planning Director. An insubstantial amendment shall be limited to design, technical or engineering considerations first discovered during actual development of the temporary use or structure which were unknown and could not reasonably have become known prior to or during the approval process, or any other minor amendment to the approval which the Planning Director has determined to have no affect on the nature of, or the conditions imposed upon, a temporary use or structure.

6-809.B. Other Amendment. All amendments not constituting an insubstantial amendment must be reviewed and approved by the Town Council at a public hearing.

6-901.A. The purpose of this Division is to establish policies and procedures for the placement of small cell wireless facilities, as they are defined by this Division, and as they are allowed under applicable federal and state rules and regulations in effect at the time of the effective date of the ordinance codified in this Division and as may be amended. The purpose is also to ensure that the placement of small cell wireless facilities within the Town limits of the Town of Telluride will provide public benefits and will be consistent with the preservation of the integrity, safe usage, and visual qualities of the Town and its public rights-of-way.

6-901.B. This Division ensures that the siting and design of small cell wireless facilities are consistent with the Town’s Design Guidelines and Standards for Building in Telluride and support the Town’s designation as a National Historic Landmark District.

6-901.C. This Division establishes standards for the siting and design of small cell wireless facilities. As such, the provisions of this Division are intended to regulate and guide the installation of small cell wireless facilities infrastructure and to regulate and guide the installation of new small cell wireless facilities, when needed. It is the desire of the Town to encourage the development of an aesthetically pleasing local environment. It is the Town’s goal to encourage wireless providers to construct new facilities disguised through techniques of camouflage, concealment, and stealth design, as defined in this Division.

6-901.D. The Town intends this Division to ensure that the installation, augmentation, and relocation of small cell wireless facilities installations in the Town are conducted in such a manner as to lawfully balance the legal rights of applicants with the rights, safety, privacy, and security of residents of the Town while ensuring that development activity does not endanger public health, safety or welfare.

6-901.E. This Division is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any wireless telecommunications service provider’s ability to provide wireless services; (2) prohibit or effectively prohibit any entity’s ability to provide any interstate or intrastate telecommunications service; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct, or modify wireless telecommunications service facilities on the basis of environmental effects of radio frequency emissions so long as such wireless facilities comply with the FCC’s regulations concerning such emissions; (5) prohibit any collocation or modification that the Town may not deny under federal or state law; or (6) otherwise authorize the Town to preempt any applicable federal or state law.

6-903.A. AASHTO means the American Association of State Highway and Transportation Officials.

6-903.B. Alternative tower structure means manmade trees, clock towers, bell steeples, light poles, buildings, and similar alternative design mounting structures that are intended to be compatible with the natural setting and surrounding structures, and camouflage or concealment design techniques so as to make the presence of antennas or towers compatible with the surrounding area pursuant to this Division.

6-903.C. Antenna means any device used to transmit and/or receive radio or electromagnetic waves such as, but not limited to, panel antennas, reflecting discs, microwave dishes, whip antennas, directional and nondirectional antennas consisting of one (1) or more elements, multiple antenna configurations, or other similar devices and configurations.

6-903.D. Camouflage, concealment, or camouflage design techniques means a small cell wireless facility which is camouflaged or utilizes camouflage design techniques when measures are used in the design and siting of small cell wireless facilities with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A small cell wireless facility site utilizes camouflage design techniques when it (1) is integrated as an architectural feature of an existing structure such as a cupola, or (2) is integrated in an outdoor fixture such as a flagpole, or (3) uses a design which mimics and is consistent with the nearby natural or architectural features (such as an artificial tree) or is incorporated into or replaces existing permitted facilities so that the presence of the small cell wireless facility is not readily apparent.

6-903.E. Clear zone means the total roadside border area, starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a nonrecoverable slope, and/or a clear run-out area.

6-903.F. Collocation means the mounting or installation of small cell wireless facility equipment on a building or structure with existing wireless communication equipment for the purpose of transmitting or receiving radio frequency signals for communication purposes.

6-903.G. Eligible support structure means any tower or structure as defined in this Section; provided, that it is existing at the time the relevant application is filed with the Town under this Division.

6-903.H. Micro wireless facility means a small cell wireless facility that is no larger in dimensions than twenty-four inches (24") in length, fifteen inches (15") in width, and twelve inches (12") in height and that has an exterior antenna, if any, that is no more than eleven inches (11") in length.

6-903.I. Monopole means a single, freestanding pole-type structure supporting one (1) or more antennas.

6-903.J. Small cell network means a collection of interrelated small cell wireless facilities designed to deliver wireless service.

6-903.K. Small cell wireless facility has the same meaning as a small cell facility as defined by the C.R.S. Section 29-27-402(4), as may be amended.

6-903.L. Tower means any structure that is designed and constructed primarily for the sole or primary purpose of supporting one (1) or more Federal Communications Commission (“FCC”) licensed or authorized small cell antennas and their associated facilities, including structures that are constructed for wireless communications services.

6-904.A. Federal Requirements. All small cell wireless facilities shall meet the current applicable standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government with the authority to regulate small cell wireless facilities. If standards and regulations are changed, the owners of the small cell wireless facilities shall bring such facility into compliance with such revised standards and regulations within the period mandated by the controlling federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the small cell wireless facilities at the owner’s expense.

6-904.B. Small cell wireless facilities are permitted in the right-of-way. For small cell wireless facilities in the right-of-way, the applicant shall execute a master license agreement or similar form of authorization with the Town prior to seeking land use approval. Attachment of small cell wireless facilities on an existing structure shall require written evidence of a license, or other legal right or approval, to use such structure by the structure’s owner.

6-904.C. Operation and Maintenance. To ensure the structural integrity of the small cell wireless facility, the owner shall ensure that it is constructed and maintained in compliance with the standards contained in the Town of Telluride building, safety, and engineering codes. If, upon inspection, the Town concludes that the facility fails to comply with such codes and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the facility, the owner shall have thirty (30) days from the date of notice to bring such small cell wireless facility into compliance. Upon good cause shown by the owner, the Town Manager may extend such compliance period not to exceed ninety (90) days from the date of said notice. If the owner fails to bring the facility into compliance within the said time period, the Town may remove such small cell wireless facility at the owner’s expense.

6-904.D. Abandonment and Removal. If a small cell wireless facility has not been in use for a period of three (3) months, the owner of the facility shall notify the Town of the nonuse and shall indicate whether reuse is expected within the ensuing three (3) months. Any small cell wireless facility that is not operated for a continuous period of six (6) months shall be considered abandoned. The Town, in its sole discretion, may require an abandoned small cell wireless facility to be removed. The owner shall commence removal of the same within thirty (30) days of receipt of written notice from the Town unless the owner shall provide evidence, to the Town’s reasonable satisfaction, that the small cell wireless facility has in fact been operating within the applicable six (6) month period. If such facility is not removed within thirty (30) days, the Town may remove it at the owner’s expense and any approved permits for the small cell wireless facility shall be deemed to have expired. Additionally, the Town, in its sole discretion, shall not approve any new facility application until such facility or payment for such removal has been made to the Town.

6-904.E. Compliance with Applicable Law. Notwithstanding the approval of an application for new small cell wireless facilities as described herein, all work done pursuant to an application must be completed in accordance with all applicable building, structural, engineering, electrical and safety requirements as set forth in the Town of Telluride codes and any other applicable laws or regulations. In addition, all facilities shall comply with the following:

6-904.F. Signal Interference. All small cell wireless facilities shall be designed and sited, consistent with applicable federal regulations, so as not to cause material interference with the normal operation of radio, television, telephone and other communication services utilized by adjacent residential and nonresidential properties; nor shall any such facilities interfere with any public safety communications. The applicant shall provide a written statement from a qualified radio frequency engineer, certifying that a technical evaluation of existing and proposed facilities indicates no potential interference problems and shall allow the Town to monitor interference levels with public safety communications during this process.

6-904.G. Radio Frequency Standards. All small cell wireless facilities shall comply with federal standards for radio frequency emissions. The wireless provider or its representative shall certify that the small cell wireless facility is in compliance with applicable FCC Maximum Permissible Exposure (MPE) regulations, by submitting a site-specific nonionizing electromagnetic radiation (NIER) or electromagnetic energy (EME) report for the small cell wireless facility equipment type and model being installed at the site that is endorsed by a radio frequency engineer currently licensed in the State of Colorado, including a certification that the small cell wireless facility complies with all applicable radio frequency emission standards. The report shall specify approach distances to the general public and occupational workers at the ground and antenna centerline levels. If applicable, the report shall include instructions regarding powering off the equipment or contact information for a person who can power off the equipment. No significant changes to the power, location, RF emission patterns and/or emitting frequencies may be made without prior notification and approval.

6-904.H. Public Safety. All small cell wireless facilities shall comply with all applicable codes and local code provisions or regulations that concern public safety. Prior to unattended operations of the facility, the wireless provider must conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the federal emissions safety rules for general population/uncontrolled RF exposure in all sectors. The wireless provider shall submit documentation of this testing to the Town within ninety (90) days after installation of the facility. RF emissions testing shall be conducted annually, and the wireless provider shall submit documentation of this testing to the Town within ninety (90) days after the testing is completed.

6-904.I. Hazardous Materials. No hazardous materials shall be permitted in association with small cell wireless facilities, except those necessary for the operations of the small cell wireless facility and only in accordance with all applicable laws governing such materials.

6-904.J. Collocation. No small cell wireless facility owner or operator shall unreasonably exclude a telecommunications competitor from using the same facility or site. Upon request by the Town, the owner or operator shall provide evidence explaining why collocation is not feasible at a particular facility or site.

6-904.K. Annual License Fee. A wireless provider shall pay to the Town an annual recurring license fee per the fee schedule adopted annually by the Town Council. The annual recurring license fee shall be payable on the first day after the first annual anniversary of the issuance of the permit, and on each annual anniversary date thereafter.

6-905.A. Time Frames. The Planning Director and Historic Preservation Director or designee shall review the completed application for conformance with the provisions of this Division and shall approve or deny an application within ninety (90) days of the date the application is deemed complete for new small cell wireless facilities, or sixty (60) days for collocations or replacement facilities.

6-906.A. No new small cell wireless facility shall be installed, and no collocation of a small cell wireless facility may occur, except after a written application is reviewed and approved by the Planning Director and Historic Preservation Director. Some submittal requirements described herein may be satisfied through a master license agreement or similar authorization executed with the Town of Telluride.

6-906.B. The installation or collocation of a small cell wireless facility shall be completed no more than two (2) years from the approval date, unless an extension of no more than one (1) year is granted. An application for extension of the approval shall be submitted to the Planning Director and Historic Preservation Director no less than two (2) months prior to the expiration of the approval and the Planning Director and Historic Preservation Director shall act on such extension request prior to the expiration date.

6-906.C. An applicant shall submit a complete application. In addition to an application form, each applicant shall:

6-906.D. Notice Requirements. Within fifteen (15) days of the issuance of the completeness letter by the Town, the following notice actions are required to be performed:

6-907.A. General. Every small cell wireless facility in the public right-of-way shall comply with the following standards:

6-907.B. Wall-mounted small cell wireless facilities shall meet the following standards:

6-907.C. Roof-mounted small cell wireless facilities shall meet the following standards:

6-907.D. Small cell wireless facilities (including micro wireless facilities) may be deployed in the right-of-way through the utilization of street/pedestrian light poles, distribution lines, utility poles, or similar structures, or freestanding small cell poles if no other alternatives are present. Such facilities shall remain subject to the applicable standards of approval noted above. Small cell wireless facilities in the right-of-way are exempt from setbacks, but are subject to the following additional design criteria below:

6-908.A. If necessary, to ensure that this Division does not have the effect of prohibiting the provision of wireless service, based on applicable state and federal law, any of the design standards may be waived or reduced by the Town Manager upon written request from the applicant that demonstrates all of the following waiver criteria:

6-908.B. All waiver requests made by applicants shall be made in writing and supported by substantial evidence contained in a written record. Each of the criteria addressed above shall be addressed in the written request with references to supporting evidence. The Town Manager may require sworn affidavits be provided by qualified engineers to support any waiver requests based on technological requirements.

6-908.C. All waiver decisions shall be made in writing. If any design standard is approved for waiver, the small cell wireless facility proposed shall nevertheless meet all other applicable design standards not specifically waived in the Town Manager’s decision. Each waiver shall be site specific and shall not apply to any type or kind of small cell wireless facility generally.

6-908.D. If a waiver request is denied for failure to meet any of the criteria specified above and there is no alternative for installation of the small cell wireless facility at the particular location in a manner that meets the applicable design standards, then such application for the small cell wireless facility for such specific location shall be denied.

6-908.E. Additional Design Standards. The Manager is authorized to promulgate, through administrative regulations, additional design standards for small cell wireless facilities in the Town Manager’s discretion.

6-102.A. Pre-Application Conference. The applicant may attend a pre-application conference prior to submission of an application.

6-102.B. Submit Application. The applicant shall submit a complete application to the Planning Director, containing those materials listed in Section 6-103 of this Division.

6-102.C. Staff Review and Referral. The Planning Director shall review and refer an application in conformance with Section 5-203.A and B of this Title.

6-102.D. Public Notice. Public notice that P&Z will conduct a hearing to consider the application for approval of a use permitted on review shall be a Level 4 Notice according to the provisions of 5-204.C.

6-102.E. Staff Report. A staff report shall be prepared and made available as called for in Section 5-203.C of this Title.

6-102.F. Public Action By P&Z. P&Z shall hold a public hearing to review an application and render a decision thereon in accordance with Section 5-206.C and D of this Title.

6-102.G. Actions Following Approval. An applicant may obtain a building permit following approval of the use permitted on review only after the execution and recordation, if necessary, of all documents memorializing or required under the approval as specified under Section 5-209 of this Title.

6-102.H. Notice. A public notice announcing the final approval of the permitted use on review, except for permitted home occupations, shall be published in accordance with the provisions of Section 5-208.H of this Title.

6-102.I. Vesting. An approved final plan for a permitted use on review, except for a home occupation, shall constitute a site specific development plan.

6-103.A. Minimum Contents. The minimum contents for all applications specified in Section 5-202.C of this Title;

6-103.B. Site Plan. A site plan, which shall be drawn on a standard twenty four inch by thirty six inch (24" X 36") sheet, with the title block located in the lower right hand corner, along with date of preparation and north arrow, on a scale of one inch equals twenty feet (1" = 20'), or such other scale as is approved by the Planning Director. The site plan shall include or identify:

6-103.C. Written Narrative. A written narrative, which shall address the following:

6-104.A. Neighborhood Compatibility. The proposed use and operation shall be in harmony and compatible with the neighborhood and surrounding area and shall enhance the mix or compliment the uses in the immediate vicinity.

6-104.B. Master Plan Consistency. The proposed use and operation should be consistent with the Telluride Master Plan and, other pertinent Town goals and policies, including the Design Guidelines and Standards for Building in Telluride, and the intent of the zone district in which it is proposed to be located.

6-104.C. Site Carrying Capacity. The proposed use and operation shall not exceed the carrying capacity of the site or be found to be an over-intensive use of the site.

6-104.D. Public Services and Facilities. The applicant shall demonstrate that adequate public facilities and services are available to serve the proposed use or operation and that the Town will not be required to expend funds to provide public services or capital improvements solely for the benefit of the proposed use.

6-104.E. Traffic Impacts. The proposed use and operation shall not create vehicular or pedestrian circulation hazards, or cause parking, trash or service delivery congestion.

6-104.F. Pollution. The proposed use and operation shall not cause unacceptable air, water or noise pollution, odors or vibrations.

6-104.G. Screening. The applicant shall demonstrate that the lot has been adequately landscaped, buffered or screened to reduce the impact of the proposed use and operation.

6-104.H. Health, Safety and Welfare. The proposed use and operation shall not be generally detrimental to the health, safety, welfare or community spirit of Telluride.

6-104.I. Applications for High Intensity Commercial Uses. In addition to the above standards, the following standards apply to applications proposing High Intensity Commercial Uses within the Commercial (C) or Accommodations II (AC-2) zone districts which are to be within fifty (50') feet of a property line which is adjacent to a property which is zoned or entirely dedicated for Open Space or Park and contains either the San Miguel River or the River Park Trail, or from the River Trail or the San Miguel River in the absence of such zoning or dedication, whichever is more restrictive, the applicant shall demonstrate that:

6-106.A. General Standards.

6-106.B. Permitted Uses. The following occupations and uses are permissible as home occupations:

6-106.C. Sales of Goods on Premises. No sales of goods or products shall be allowed on site under a home occupation, except for those goods or products produced on-site as a direct result of the home occupation.

6-106.D. Retail Uses. No retail use shall be permitted as a home occupation except shop craft industry type uses and other uses that produce goods on site as described in section C above.

6-106.E. Who. A limit of two persons may operate the home occupation. The dwelling must be the primary place of residence of the person(s) engaged in the home occupation as demonstrated by a permanent physical presence, however, subject to approval by P&Z, a home occupation may be permitted one (1) employee which resides off-site, regardless of whether the employee is full or part-time.

6-106.F. Storage. There shall be no storage or display of any, goods, products, equipment, or materials outside of the dwelling, garage, or other buildings on the property containing the home occupation.

6-106.G. Area. The home occupation shall not occupy more than twenty five percent (25%) of the total floor area of structures on the property, or five hundred (500) square feet, whichever is less.

6-106.H. Nuisance. The home occupation shall not cause any use or activity which is inconsistent with the residential zone or disrupts the neighborhood including, but not limited to, noise from equipment, traffic, congestion, excessive lighting, offensive odor, or electrical interference.

6-106.I. Change in Use of Property. Any change in the use of the property utilized for a home occupation, including a redistribution of area allocated to the primary and/or secondary dwellings on site, shall automatically constitute cause for an annual review of the UPR for the home occupation pursuant to Section 6-108 of this Title.

6-106.J. Sale of Business. A home occupation shall terminate upon any transfer or sale of the business to another entity.

6-106.K. Business License Required. All persons engaged in a home occupation must obtain and maintain a business license from the Town of Telluride prior to and during the operation of the home occupation.

6-106.L. Revocation. A home occupation allowed as a permitted use may only be revoked after a duly noticed public hearing before P&Z as described in Sections 6-107.C and D infra.

6-107.A. Compliance Required. An approved use permitted on review must comply with the provisions set forth in the application and any conditions imposed at the time of approval. If the use is not operated in conformance with the provisions or conditions attached to it, the owner shall be subject to one or more of the following actions:

6-107.B. Enforcement. Enforcement actions shall be undertaken by the Building Official who may issue stop work orders and/or notices of zoning violations.

6-107.C. Burden of Proof. The Town shall have the burden of proof to prove noncompliance. Prior to revocation or temporary suspension, the Town shall attempt to obtain corrective action by the owner.

6-107.D. Procedure. Withdrawal of approval or suspension of a use permitted on review requires formal action by P&Z after a public hearing, with at least ten (10) days advance notice to the owner. Such action may be appealed to the Town Council in accordance with Section 5-207 of this Title.

6-107.E. Duration. A use permitted on review shall only be permitted for that time period specified in the application or awarded by P&Z, or until the permitted use changes or is terminated, whichever occurs first.

6-109.A. Insubstantial Amendment. An insubstantial amendment to an approved use permitted on review may be authorized by the Planning Director. An insubstantial amendment shall be limited to changes in the operation of a use which meet all of the following standards:

6-109.B. Other Amendments. All other amendments shall be approved by P&Z pursuant to the procedures of this Division.

6-110.1. Resumption of a discontinued nonconforming use or expansion or change of use of a nonconforming structure (other than changes to the structure which are otherwise in compliance with district standards which only require approval by H.A.R.C. pursuant to Article 7 of this title), nonconforming uses or buildings on a nonconforming lot, and uses permitted pursuant to the standards and limits in Section 4-102;

6-110.2. Payment in lieu of providing parking spaces on a lot.

6-111.A. Pre-Application Conference. The applicant may attend a pre-application conference prior to submission of an application.

6-111.B. Submit Application. The applicant shall submit a complete application to the Planning Director containing those materials listed in Section 6-112 of this Division.

6-111.C. Staff Review and Referral. The Planning Director shall review and refer an application in conformance with Section 5-203.A and B of this Title.

6-111.D. Public Notice. Public notice that P&Z will conduct a hearing to consider the application for approval of an activity permitted on review shall be a Level 4 Notice according to the provisions of 5-204.C.

6-111.E. Staff Report. A staff report shall be prepared and made available as called for in Section 5-203.C of this Title.

6-111.F. Public Action By P&Z. P&Z shall hold a public hearing to review an application and render a decision thereon in accordance with Section 5-206.C and D of this Title.

6-111.G. Actions Following Approval. An applicant may obtain a building permit following approval of the activity permitted on review only after the execution and recordation, if necessary, of all documents memorializing or required under the approval, and the payment of fees, as specified under Section 5-209 of this Title. and the filing and, if applicable, recordation of any documents required by the approval.

6-111.H. Notice. A public notice announcing the final approval of the permitted use on review shall be published in accordance with the provisions of Section 5-208.H of this Title.

6-111.I. Vesting. An approved final plan for a permitted use on review, except for a home occupation, shall constitute a site specific development plan.

6-112.A. Minimum Contents. The minimum contents for all applications specified in Section 5-202.C of this Title;

6-112.B. Additional Contents. A development application for an activity permitted on review shall also include:

6-113.A. Alleviate Impacts. The applicant has agreed to undertake all reasonable measures to reduce or alleviate the effects of the nonconformity upon the surrounding neighborhood including, without limitation, visual or noise pollution, vehicular traffic, storage of necessary equipment, materials and refuse, and on street parking.

6-113.B. Physical Appearance. The proposed change or expansion will either reduce the degree of nonconformity of the use, building or lot, or improve the physical appearance of the structure of the site without increasing the degree of nonconformity.

6-113.C. Zone District Standards. The proposed change or expansion in use complies with all requirements of this Title, unless a variance to these requirements has been granted pursuant to Article 6, Division 2.

6-113.D. Nonconformance. The existing building or lot cannot reasonably be utilized or made to conform to the requirements of the underlying zone district as specified in Article 3, Division 2.

6-114.A. Criteria. The Planning and Zoning Commission may permit an applicant to make a payment in lieu of providing parking spaces on a lot or parcel and shall use the following criteria to guide its decision:

6-114.B. Determination of Site Coverage. If P&Z permits an applicant to make a payment-in-lieu of providing parking, the parking spaces which are paid in lieu shall be counted as on-site, non-enclosed spaces in the determination of site coverage in zone districts which permit increases in maximum site coverage for enclosed parking.

6-114.C. Agreement. If P&Z permits an applicant to make a payment-in-lieu of providing parking, the applicant shall sign an agreement to pay a fee at the established rate which the Town shall record prior to the issuance of a building permit or the commencement of the use, whichever comes first. The agreement shall be executed on behalf of the Town by the P&Z Chairperson, Planning Director and Town Manager.

6-114.D. Rate. The payment in lieu rates and operations and maintenance fee are established as provided in Section 5-210. The operations and maintenance fee is payable upon payment of the Capital Expense fee and annually thereafter.

6-114.E. Special Accounts.

6-114.F. Payment Schedule. In-lieu fees for parking shall be paid to the Town according to the following schedule:

6-114.G. Credits. If any capital expense fees have been paid in accordance with this section and if subsequent thereto a special or local improvement district is formed and assessments levied for the purpose of paying for public parking improvements, the property for which payment in lieu fees were received shall be credited with the amount of the capital expense fee(s) paid.

6-114.H. Additions. In-lieu fees for parking for additions or enlargements to any existing building or change of use will be calculated by determining the increased number of parking spaces required for such addition, enlargement or change, and not for the entire building or use. Article 4, Nonconformities, and Section 6-113 regarding expansion or change in use of nonconforming uses, structures and lots, shall apply when there are nonconformities.

6-115.A. Insubstantial Amendment. An insubstantial amendment to an approved use permitted on review may be authorized by the Planning Director. An insubstantial amendment shall be limited to activities which meet all of the following standards:

6-115.B. Other Amendments. All other amendments shall be approved by P&Z pursuant to the procedures of this Division.