Telluride City Zoning Code

ARTICLE 7

HISTORIC AND ARCHITECTURAL REVIEW

Division 1 Historic Preservation Overlay District

Division 2 Alteration, Addition and Erection

Division 3 Relocation and Demolition

Division 4 Survey and Evaluation

Division 5 Designation of Local Landmarks

Division 6 Maintenance of Landmarks

Division 7 Maintenance of Rated Structures

Section 7-101 Findings

The Town Council finds that:

7-101.A. Impacts. The alteration, addition to, relocation and demolition of structures, construction of new structures, and development in general can have substantial impacts on the architectural integrity of the entire Town and the unique historic character and scale of the Town’s core area.

7-101.B. Specific Regulations Needed. Certain aspects of development are subtle and not fully amenable to regulation through legislation which does not address specific land use proposals. Among these aspects are the general form of the land before and after development, the spatial and architectural relationships of the structures and open spaces to adjacent and nearby land uses, and the appearance of buildings and open spaces as they contribute to the area being developed, the Town, and its mountain setting as a whole.

7-101.C. Public Review Board. The preservation of the Town’s historic character and architectural integrity requires the timely exercise of judgment on a case-by-case basis by a public review board which applies specific design guidelines and review criteria to authorize, condition, or deny historical or architectural aspects of certain development proposals which may otherwise be permitted by the Town’s laws, including, but not limited to, compliance with specific zone district dimensional limitations such as maximum height, floor area and site coverage, and minimum setbacks.

Therefore, the Historic Preservation Overlay Zone District (HPOD) and Telluride Historic Landmark District (THLD), which is a subdistrict of the HPOD, are hereby created, to be administered by the Historic and Architectural Review Commission (H.A.R.C.).

Section 7-102 Intent And Purpose

The purposes of the Historic Preservation Overlay District are:

7-102.A. Preserve Historic Character. To preserve, maintain, and enhance the historic character, scale, architectural integrity, and cultural resources of the Town and the Telluride Historic Landmark District;

7-102.B. Protect Cultural Resources. To protect the national cultural resources of the Town and its designation by the National Park Service as a National Historic Landmark District under the Historic Site Act of 1935;

7-102.C. Foster Attractiveness and Utility. To foster the attractiveness and functional utility of the community as a place to live, work and visit; and

7-102.D. Promote Sense of Community. To promote a sense of community based on maintaining the historic and architectural quality of the Town.

Section 7-103 Boundaries

7-103.A. Historic Preservation Overlay District. The boundaries of the Historic Preservation Overlay District are the municipal boundaries of the Town as they currently exist or as they may hereafter be extended or adjusted.

7-103.B. Telluride Historic Landmark District. The exterior boundaries of the Telluride Historic Landmark District, a subdistrict of the Historic Preservation Overlay District, shall be set forth on the Official Zone District Map as directed by ordinance of the Town Council and may be amended from time to time.

7-103.C. Telluride National Historic Landmark District. Telluride National Historic Landmark District (“TNHLD”) is the district listed by the National Register of Historic Places, National Park Service, U.S. Department of Interior, the boundaries of which have been established by the same.

Section 7-104 Certificate Of Appropriateness Required

The erection, alteration, addition to, demolition, or relocation of any structure, significant landmark interior, or sign within the Historic Preservation Overlay District shall be prohibited unless a Certificate of Appropriateness (CA) or temporary Certificate of Appropriateness has first been issued pursuant to the provisions of this Article 7.

7-104.A. Consistency Required. No CA shall be approved unless a reviewing body finds that a proposed activity is consistent with the Design Guidelines and Design Considerations, as stated in Section 7-105, and the purposes of this Division 1 and this Article 7.

7-104.B. Significant Landmark Interiors. Applications for a CA for significant landmark interiors shall be evaluated in accordance with the “Building Interior” standards as contained in “Standards for the Treatment of Historic Properties” (1995) as published by the Secretary of the Interior, which shall be deemed incorporated into the section by this reference. No application for demolition, alteration, or addition to a significant landmark interior shall be denied if by virtue of such denial the owner would be deprived of all economically beneficial use of such interior. The burden of proof for establishing such deprivation shall be on the owner.

Section 7-105 Design Guidelines and Design Considerations

In examining applications for issuance of or amendment to a CA or providing recommendations to other Commissions or Town Council, H.A.R.C. shall consider the architectural aspects of the proposed design. For properties located within the Telluride Historic Landmark District, the historical aspects of design shall be evaluated in addition to architectural aspects. Every development application shall be examined with respect to:

7-105.A. Design Guidelines. The applicable design guidelines for the affected treatment area as defined in Design Guidelines and Standards for Building in Telluride, a copy of which is incorporated herein by reference;

7-105.B. Design Considerations. The following design considerations:

7-105.B.1. The relationship of the development application to adjacent buildings and buildings within the same treatment area;

7-105.B.2. The impact of the development application on neighboring land uses with respect to light, views, open space, access, traffic, natural conditions and hazards;

7-105.B.3. The impact of the development application on the historic character of the Telluride Historic Landmark District;

7-105.B.4. The impact of the development application on the architectural integrity of the Historic Preservation Overlay District;

7-105.B.5. The degree to which existing historic character and architectural integrity are maintained and enhanced;

7-105.B.6. The degree to which the existing historic character and/or architectural integrity of the specific treatment area are preserved and enhanced;

7-105.B.7. The rating or designation of the structure pursuant to the Telluride Historic Architectural Surveys and, if appropriate, other available secondary resource materials such as the 1978 Historical Boundaries and Landmarks Survey in Telluride, Colorado, and the impact of the development application upon any new historic rating or designation proposed for the structure.

7-105.B.8. The impact of the development application upon the rating or designation of adjacent structures and structures within the applicable treatment area;

7-105.B.9. The condition of existing improvements and whether or not they constitute a hazard to public health or safety;

7-105.B.10. The purposes of the land use, density, height, bulk, ground coverage, and setback restrictions within the applicable underlying zone district; and

7-105.B.11. The benefit to and impact of the development proposal on the Town.

7-105.B.12. The natural and visual impacts of hillside development on the Town.

Section 7-106 Underlying Zone District Requirements

7-106.A. Underlying Requirements the Same. The uses permitted by right, uses permitted on review, dimensional limitations, parking requirements, and sign regulations within the Historic Preservation Zone District shall be the same as those required by the underlying zone district. Each of the underlying zone district regulations shall be complied with in the Historic Preservation Overlay District, except as may be varied, modified or waived pursuant to any zoning incentive granted pursuant to Section 7-506 of this Division, or as otherwise authorized by this Title.

7-106.B. Modification by H.A.R.C. HARC may modify certain dimensional limitations as specified in Division 2 of Article 3 of this Title as part of the development review process. HARC is also empowered when issuing a CA to make more restrictive any dimensional limitation applicable to a property within the HPOD to insure that the proposed development activity complies with the purposes of this Division, the Design Guidelines and Design Considerations in Section 7-105 of this Division.

Section 7-107 Limitations On Review

7-107.A. Design Assistance. H.A.R.C. shall not design or assist in the design of any buildings or projects submitted for approval. H.A.R.C. shall restrict its considerations to a reasonable and professional review of the proposal and plans, leaving full responsibility for the design and development to the applicant.

7-107.B. Creativity Encouraged. Individual creativity and innovation are to be encouraged in accordance within the limits of the design guidelines and the intent and purpose of this Article.

7-107.C. Conformance Required. An application shall address and reasonably conform to the purposes and requirements of all applicable provisions of this Article including the specific design guidelines for the applicable treatment area.

7-107.D. Economic Considerations. In trying to improve the quality of a design and maintain and enhance the architectural integrity and historic character of existing structures, H.A.R.C. may consider economic factors. However, economic considerations and cost shall not override the other objectives of this Article.

7-107.E. Restrictions. Subject to the provisions of Section 7-106 of this Division, H.A.R.C. shall not unduly restrict building types or materials, or unduly vary the specific allowances or restrictions of this Title unless the project would otherwise fail to meet applicable approval criteria.

Section 7-108 Recommendation to P&Z

7-108.A. Land Use Code Amendments. H.A.R.C. shall provide recommendations to P&Z concerning Land Use Code text amendments pertaining to districts within the Telluride Historic Landmark District or the Transitional Hillside Treatment Area. H.A.R.C. shall review and provide such recommendations pursuant to H.A.R.C.’s small scale activity review procedures; however, public notice requirements shall be limited to publication of the meeting agenda on which the activity shall be heard to the town’s website.

7-108.B. Amendments to the Official Zoning Map. H.A.R.C. shall provide recommendations to P&Z concerning applications for amendments to the Official Zoning Map. H.A.R.C. shall review and provide such recommendations pursuant to H.A.R.C.’s small scale activity review procedures; however, public notice requirements shall be limited to posting on the subject property per Section 5-204.B.3, if applicable, and by publication of the meeting agenda on which the activity shall be heard to the town’s website.

7-108.C. Large Scale Planned Unit Developments. 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. H.A.R.C. shall review and provide such recommendations pursuant to H.A.R.C.’s work session review procedures per Section 5-201.C.

Section 7-201 Applicability

The following types of development activities shall require a Certificate of Appropriateness (CA) or temporary CA.

7-201.A. Historic Preservation Overlay District. Erection, alteration, addition to, demolition of, or relocation of any structure or sign in the Historic Preservation Overlay District; and

7-201.B. Designated Significant Landmark Interior. Renovation, restoration, alteration, addition to, demolition, or modification of any designated significant landmark interior. The intent of such review shall be to preserve existing historic features. Complete restorations of such interiors shall be undertaken at the option of the owner and shall not be required by H.A.R.C. as a condition of approval for a lesser or partial restoration.

Section 7-202 Overview of H.A.R.C. Application Types

H.A.R.C. application types differ in terms of when the applications may be submitted for review, the number of steps involved in the review process, whether public notice is required, and the body which reviews the application, as set forth below.

7-202.A. Large Scale Activity. Large scale activities must be approved by H.A.R.C. and require a preliminary and final application and review. The procedures for H.A.R.C. review of large scale activities are fully described in Sections 7-204 and Section 7-206 of this Division.

7-202.B. Small Scale Activities. Small scale activities must be approved by H.A.R.C. and require only a final application and review. The procedures for H.A.R.C. review of small scale activities are more fully described in Section 7-206 of this Division.

7-202.C. Minor Activities. Minor activities are approved by the H.A.R.C. Chairperson and require only a final application. The procedures for review of minor activities are fully described in Section 7-211 of this Division.

7-202.D. Insubstantial Activities. Insubstantial activities are approved by the Planning Director and require only a final application. The procedures for review of insubstantial activities are fully described in Section 7-211.

7-202.E. Work Sessions. Work sessions are held by H.A.R.C. at the request of the applicant prior to submitting a development application, or for review of certain large scale PUDs. The procedures for a H.A.R.C. work session are fully described in Section 5-201.C of this code.

Section 7-203 Classification of Activities and Applications

The process of review afforded to an application depends upon the classification of the activity identified in that application. H.A.R.C. activities are classified based on the location of the activity, whether inside or outside the THLD, and the zone district. For all applications, the Historic Preservation Director shall determine the appropriate type of review based on the most applicable type of activity, as set forth below.

7-203.A.1. Residential Zone Districts. In the Residential Zone Districts as listed in Section 2-215 of this code, except West Hillside and Affordable Housing West, activities are classified as follows:

(1) New construction that will contain more than two thousand five hundred (2,500) square feet of floor area;

(2) Additions to existing buildings that will increase a structure’s floor area by more than twenty-five percent (25%) and result in a building which will contain more than two thousand five hundred (2,500) square feet of floor area.

(1) New construction that will contain nine hundred fifty (950) square feet or more of floor area, but not more than two thousand five hundred (2,500) square feet of floor area;

(2) Additions to existing buildings that will increase a structure’s floor area by more than ten percent (10%) but less than twenty-five percent (25%) and result in a building that will contain more than two thousand five hundred (2,500) square feet of floor area;

(3) Additions to existing buildings that will increase a structure’s floor area by more than twenty-five percent (25%) and result in a building that will contain more than one thousand (1,000) but less than two thousand five hundred (2,500) square feet of floor area.

(1) New construction that will contain less than nine hundred fifty (950) square feet of floor area;

(2) Additions to existing buildings that will increase a structure’s floor area by more than ten percent (10%), but less than twenty-five percent (25%), resulting in a building less than two thousand five hundred (2,500) square feet of floor area.

7-203.A.2. Commercial Zone Districts. In the Commercial, Historic Commercial, or Accommodations II zone districts, activities are classified as follows:

(1) New construction that will contain more than five thousand (5,000) square feet of floor area;

(2) Additions to existing buildings that will increase a structure’s floor area by more than twenty-five percent (25%) and result in a building which will contain more than five thousand (5,000) square feet of floor area.

(1) New construction that will contain two thousand (2,000) square feet or more of floor area, but not more than five thousand (5,000) square feet of floor area;

(2) Additions to existing buildings that will increase a structure’s floor area by more than ten percent (10%), but less than twenty-five percent (25%), and result in a building that will contain more than five thousand (5,000) square feet of floor area;

(1) New construction that will contain less than two thousand (2,000) square feet of floor area;

(2) Additions to existing buildings that will increase a structure’s floor area by more than ten percent (10%), but less than twenty-five percent (25%), and result in a building that will contain less than five thousand (5,000) square feet of floor area.

7-203.A.3. All Zone Districts Inside the THLD. Inside the THLD, regardless of zone district, activities are classified as follows:

(1) Demolition or relocation of a rated THAS primary structure.

(1) Extension of a certificate of appropriateness for small and large scale activities;

(2) Reviews and recommendations by H.A.R.C. for P&Z as called for under Sections 7-108.A and 7-108.B of this code;

(3) Challenges to the designation of a structure as listed in the THAS;

(4) Repositioning of a designated THAS primary structure;

(5) Relocation of:

(a) A designated THAS secondary structure;

(b) A non-designated principal structure;

(6) Demolition of:

(a) A non-rated THAS primary structure;

(b) A non-rated THAS secondary structure;

(7) Alteration to a significant landmark interior;

(8) Designation of a local landmark or significant landmark interior.

(1) Additions to existing buildings that will increase the structure’s floor area more than twenty-five percent (25%) resulting in a building less than one thousand (1,000) square feet;

(2) Alteration of a rated structure that does not increase its floor area;

(3) Extension of a certificate of appropriateness for a minor activity;

(4) Repositioning of a THAS secondary structure.

(1) Installation of a sign;

(2) Any fence or landscape plan;

(3) An amendment to a certificate of appropriateness that does not constitute a vested site-specific development plan;

(4) Additions to existing buildings which will increase a structure’s floor area by less than ten percent (10%);

(5) Alteration of a non-designated or non-rated structure that does not increase its floor area;

(6) Alterations to non-historic portions of a designated historic structure that do not increase its floor area;

(7) Insignificant alterations to a designated structure, including by way of example and not by limitation:

(a) Replacement of non-historic windows and doors;

(b) In-kind replacement of roofing material;

(d) Replacement or repair of architectural features which create no change to the exterior physical appearance of the structure;

(e) Mechanical equipment, solar panels, or accessory features that have no impact on the character-defining features of the structure;

(8) Demolition of non-designated secondary structures;

(9) Extension of a certificate of appropriateness for insubstantial activity;

(10) Repositioning of a non-designated structure;

(11) Relocation of a non-designated secondary structure;

(12) Wireless telecommunication facilities and equipment, pursuant to Section 7-214.

(1) Reviews and recommendations by H.A.R.C. for P&Z as called for under Section 7-108.C of this code.

7-203.B.1. Residential Zone Districts. In Residential Zone Districts as listed in Section 2-215 of this code, except West Hillside and Affordable Housing West, activities are classified as follows:

(1) New construction that will contain two thousand five hundred (2,500) square feet or more of floor area;

(2) Additions to existing buildings that will increase a structure’s floor area by more than twenty-five percent (25%) and result in a building that will contain two thousand five hundred (2,500) square feet or more of floor area.

(3) New construction of principal structures on lots with a pre-construction grade or slope of the building’s site coverage of 25 percent (25%) or greater, regardless of floor area.

(1) New construction that will contain more than nine hundred fifty (950), but less than two thousand five hundred (2,500) square feet of floor area;

(2) Additions to existing buildings that will increase a structure’s floor area by more than twenty-five percent (25%) and result in a building which will contain more than one thousand (1,000) but less than two thousand five hundred (2,500) square feet of floor area.

(1) New construction that will contain nine hundred fifty (950) square feet or less of floor area;

(2) Demolition of any non-designated structure;

(3) Determinations of no effect that will not visually alter the structure.

7-203.B.2. Commercial Zone Districts. In the Commercial or Accommodations II Zone Districts, activities are classified as follows:

(1) New construction that will contain more than five thousand (5,000) square feet of floor area;

(2) Additions to existing buildings which will increase a structure’s floor area by more than twenty-five percent (25%) and result in a building that will contain five thousand (5,000) square feet or more of floor area.

(1) New construction that will contain two thousand (2,000) square feet or more of floor area, but not more than five thousand (5,000) square feet of floor area;

(1) New construction that will contain more than nine hundred fifty (950) but less than two thousand (2,000) square feet or more of floor area;

(2) Additions to existing buildings that will increase the structure’s floor area by more than ten percent (10%), but less than twenty-five percent (25%), resulting in a building more than one thousand (1,000) but less than five thousand (5,000) square feet of floor area;

(3) Additions to existing structures that will increase the structure’s floor area by less than ten percent (10%), but greater than one thousand (1,000) square feet.

(1) New construction that will contain nine hundred fifty (950) square feet or less of floor area;

(2) Additions to existing buildings that will increase the structure’s floor area by less than ten percent (10%);

(3) Demolition of any non-designated structure;

(4) Determinations of no effect that will not visually alter the structure.

7-203.B.3. All Zone Districts Inside the HPOD. Within the HPOD, regardless of zone district, activities are classified as follows:

(1) Demolition or relocation of a rated THAS primary structure.

(1) Extension of a certificate of appropriateness for small and large scale activities;

(2) Reviews and recommendations by H.A.R.C. for P&Z as called for under Sections 7-108.A and 7-108.B of this code;

(3) Challenges to the designation of a structure listed in the THAS;

(4) Relocation of a THAS secondary structure;

(5) Demolition of a non-rated THAS primary structure;

(6) Repositioning of a THAS primary structure.

(1) Additions to existing buildings that will increase the structure’s floor area more than twenty-five percent (25%) resulting in a building less than one thousand (1,000) square feet;

(2) Alteration of a rated structure that does not increase its floor area;

(3) Extension of a certificate of appropriateness for a minor activity;

(4) Repositioning of a THAS secondary structure.

(1) Installation of a sign;

(2) Any fence or landscape plan;

(3) An amendment to a certificate of appropriateness that does not constitute a vested site-specific development plan;

(4) Additions to existing buildings which will increase a structure’s floor area by less than ten percent (10%);

(5) Alteration of a non-designated or non-rated structure that does not increase its floor area;

(6) Alterations to non-historic portions of a designated historic structure that do not increase its floor area;

(7) Insignificant alterations to a designated structure, including by way of example and not by limitation:

(a) Replacement of non-historic windows and doors;

(b) In-kind replacement of roofing material;

(d) Replacement or repair of architectural features which create no change to the exterior physical appearance of the structure;

(e) Mechanical equipment, solar panels, or accessory features that have no impact on the character-defining features of the structure;

(8) Demolition of non-designated secondary structures;

(9) Extension of a certificate of appropriateness for insubstantial activity;

(10) Repositioning of a non-designated structure;

(11) Relocation of a non-designated secondary structure;

(12) Wireless telecommunication facilities and equipment, pursuant to Section 7-214.

(1) Reviews and recommendations by H.A.R.C. for P&Z as called for under Section 7-108.C of this code.

Section 7-204 Procedures for Preliminary Review for Large Scale Activity

An applicant seeking preliminary approval for a large scale activity shall follow the steps outlined below. The common review procedures for each stage are set out in Article 5 of this Title.

7-204.A. Pre-Application Conference. The applicant shall attend a pre-application conference prior to submission of an application.

7-204.B. Submit Application. The applicant shall submit a complete application to the Planning Director containing those materials listed in Section 7-205 of this Division.

7-204.C. Staff Review and Referral. The Planning Director shall review and refer application in conformance with Sections 5-203.A and B of this Title.

7-204.D. Public Notice. Public notice that H.A.R.C. will conduct a hearing to consider the application shall be a Level 3 Notice according to the provisions of 5-204.C.

7-204.E. Staff Report. A staff report shall be prepared and made available as called for in Section 5-203.C of this Title.

7-204.F. Site Visit. The Planning Director shall schedule a site visit as part of H.A.R.C.’s review of an application. A site visit shall be considered as part of the public hearing and shall be noticed pursuant to subsection D of this Section 7-204.

7-204.G. Action By H.A.R.C. H.A.R.C. shall hold a public hearing in accordance with Sections 5-206.C and D of this Title to review and render a decision on whether the proposed preliminary plan conforms or does not conform with all applicable provisions of this Title. Approval shall not be entered unless all substantive issues regarding the project application have been resolved and the proposed plan meets all applicable requirements. Failure by H.A.R.C. to render a decision on a preliminary plan application shall be construed and entered as a denial of the application.

7-204.H. Actions Following Approval. Approval of a preliminary plan shall not constitute final approval. Approval of a preliminary plan for a large scale activity shall constitute authorization for the applicant to prepare and submit a final plan in accord with the representations made by the applicant and any condition applied to the preliminary plan approval. Applications for final approval shall be submitted within sixty (60) days of the preliminary approval or the approval shall be deemed void. A preliminary plan approval as granted under this section shall not constitute a certificate of appropriateness or site specific development plan for purposes of vesting a property right.

Section 7-205 Contents For Preliminary Applications for Large Scale Activity

The preliminary application for review of a large scale activity to obtain a CA shall contain:

7-205.A. Minimum Contents. The minimum contents for all applications specified in Section 5-202.C of this Title.

7-205.B. Elevations. Front, rear, and side elevations of the exterior of the proposed project which clearly indicate the design intent and provide a rendered indication of the materials to be used. These exterior elevations shall include structures and significant natural features on abutting properties.

7-205.C. Existing Improvements. A drawing or photograph of the existing structure, if any, and of the site. If the application is for an addition, elevations of the existing structure and a site plan, illustrating all existing improvements, shall also be provided.

7-205.D. Site Plan. A site plan clearly showing the following:

7-205.D.1. A topographic survey performed by a surveyor licensed in Colorado indicating the pre construction elevation, dimensions, corners, and orientation of each lot, and including the following:

a. its relation to adjoining properties and the existing improvements thereon;

b. the existing topography and proposed grading changes;

c. existing significant vegetation and landscape features;

7-205.D.2. The layout of the entire project and its relation to surrounding properties and the existing buildings and improvements thereon;

7-205.D.3. The benchmark elevation of the project stated in U.S. Geologic Survey elevations;

7-205.D.4. The location of points of entry and exit of motor vehicles and the project’s internal vehicular circulation pattern and the location of required parking;

7-205.D.5. The location and layout of all parcel areas including required off street parking and loading facilities;

7-205.D.6. Any improvements to the site, including, but not limited to walls and fences, exterior lighting, and the design placement of any sign or other advertisement;

7-205.D.7. A landscape plan clearly indicating the existing conditions and proposed condition of the parcel subsequent to development with notations clearly identifying existing significant vegetation to be removed.

7-205.E. Floor Area. An indication of the gross floor area of any existing structure(s) and any proposed addition(s) or new structure(s).

7-205.F. Floor Plans. Floor plans drawn to one-quarter inch equals one foot (1/4”=1') scale, except for projects in the Commercial, Historic Commercial or Accommodations II zone districts when floor plans shall be drawn to one-eighth inch equals one foot (1/8”=1') scale. Such plans shall indicate the intensity and type of use.

7-205.G. Street Profile. A street profile at one eighth inch (1/8”) scale indicating the size and height of the project in relationship to neighboring structures and all other structures on the block, and outstanding natural features, including but not limited to trees, rock outcroppings, gullies, and vegetation.

7-205.H. Impact Statement. An impact statement which indicates the scope of the project, its design intentions, its compliance with all requirements of the underlying zone district, and a comment on the project’s visual impact on its surroundings.

7-205.I. Models. All applications shall include a one eighth inch equals one foot (1/8” = 1') scale model of the project. Within the Commercial, Historic Commercial and Accommodations II districts, a one inch equals twenty square feet (1"=20') scale massing model which includes all property up to 150' of the project exclusive of ROWs shall also be required as deemed necessary by the Planning Director. Only one of each model is required.

7-205.J. Facade Drawing. For projects located within the Commercial or Historic Commercial zone districts, a one quarter inch equals one foot (1/4” = 1') scale drawing of the primary facade.

7-205.K. Visual Device. The applicant shall erect a visual device which is structurally sound, including by way of example and not limitation, plastic pipe or wood silhouettes which generally identify the height and mass of the proposed construction and the building footprint. The device shall be erected at least seventy-two (72) hours prior to preliminary approval hearing, and maintained at least twenty-four (24) hours after the hearing or such other times as deemed necessary by the Planning Director.

7-205.L. Reduced Plans. In addition, ten (10) sets of reduced scale site plans, elevations, and floor plans at a one-eighth inch or one-sixteenth inch equals one foot (1/8” or 1/16”=1') scale shall be submitted at the request of the Planning Department.

7-205.M. Housing Mitigation Plan, as required by Section 3-720.D.

The scale of all drawings and elevations other than street profiles shall be one quarter inch equals one foot (1/4” = 1') for buildings in the AC-1, R/C and all residential-type zone districts, and one eighth inch equals one foot (1/8” = 1') for all buildings in the C, HC and AC-2 zone districts, unless otherwise provided for herein.

Section 7-206 Procedures for Final Review for Large and Small Scale Activities

An applicant seeking final approval for a large scale or small scale activity shall follow the steps outlined below. The common review procedures for each stage are set out in Article 5 of this Title. Review procedures, application contents and review standards particular to applications for demolition and relocation are found in Division 3 of this Article 7. Review procedures, application contents and review standards particular to applications for designation of local landmarks and significant landmark interiors are found in Division 5 of this Article 7.

7-206.A. Pre-Application Conference. The applicant may attend a pre-application conference prior to submission of an application.

7-206.B. Submit Application. The applicant shall submit a complete application to the Planning Director containing the materials applicable to the type of activity proposed listed in Sections 7-207 through 7-210 of this Division.

7-206.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.

7-206.D. Public Notice. Public notice that H.A.R.C. will conduct a hearing to consider the application shall be a Level 3 Notice according to the provisions of 5-204.C.

7-206.E. Staff Report. A staff report shall be prepared and made available as called for in Section 5-203.C of this title.

7-206.F. Site Visit. The Planning Director shall schedule a site visit as part of H.A.R.C.’s review of an application for relocation of a rated THAS Secondary Structure. A site visit shall be considered as part of the public hearing and shall be noticed pursuant to subsection D of this Section 7-206.

7-206.G. Public Review and Action By H.A.R.C. H.A.R.C. 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.

7-206.H. Actions Following Approval. Conditions of approval requiring actions prior to issuance of a certificate of appropriateness must be addressed by the applicant and submitted within sixty (60) days of the rendering of a decision of approval, or the approval shall be deemed null and void. The CA shall be effective upon the date of signature of the HARC Chairperson. The applicant may apply for a building permit following approval of an application and the filing and recordation, as necessary, of any documents required by the approval or as specified under Section 5-209 of this Title. All fees must be paid. H.A.R.C. shall transmit a copy of each approved CA to the Building Official to authorize issuance of the permit.

7-206.I. Notice. Public notice announcing the approval of a large scale or small scale activity shall be published in accordance with the provisions of Section 5-208.H of this Title.

7-206.J. Expiration and Extensions. Approval of a large scale or small scale activity shall expire three (3) years from the effective date of the applicable site specific development plan.

7-206.J.1. H.A.R.C. may grant an extension of the activity approval for an additional period of up to three (3) years if H.A.R.C. determines the activity is consistent with current Design Guidelines and Design Considerations, as stated in Section 7-105, and the purposes of Article 7, Division 1, and if the applicant demonstrates a legitimate need to delay the start of construction, including inclement weather, financing difficulties, or similar factors. Note: extensions of a vested property right may only be granted by the Town Council in accordance with Section 5-208 of this Title and an activity plan extension as awarded by H.A.R.C. may be subject to changes in the Land Use Code absent a corresponding extension in a vested property right.

7-206.J.2. An application for extension of a CA shall be submitted to the Planning Director no less than two (2) months prior to the expiration of the CA and H.A.R.C. shall act on such extension request prior to the expiration date of the CA.

Section 7-207 Application Contents For Final Review - New Construction

The development application for final review to obtain a CA for new construction shall contain three (3) copies of the following information:

7-207.A. Minimum Contents. The minimum contents for all applications specified in Section 5-202.C of this Title.

7-207.B. Drawing. A drawing or photograph of the existing site.

7-207.C. Site Plan. A site plan drawn to scale clearly showing the following:

7-207.C.1. A survey by a licensed Colorado surveyor indicating the dimensions, corners, and orientation of each lot to be built upon or otherwise used, including the following:

a. its relation to adjoining properties and the existing improvements thereon;

b. the existing topography and proposed grading changes;

c. existing significant vegetation and landscape features;

7-207.C.2. The layout of the entire project, its relation to adjoining properties and the existing buildings and improvements thereon;

7-207.C.3. The benchmark elevation of the project stated in U.S. Geologic Survey elevations;

7-207.C.4. The location of the points of entry and exit for motor vehicles and the project’s internal vehicular circulation pattern;

7-207.C.5. The location and layout of all parcel areas including required off street parking and loading facilities;

7-207.C.6. Any improvements to the site, including, but not limited to, walls and fences, exterior lighting, and the design placement of any sign or other advertisement; and

7-207.C.7. A landscape plan clearly indicating the existing conditions and proposed condition of the parcel subsequent to development with notations clearly identifying existing significant vegetation to be removed.

7-207.D. Floor Area. An indication of the project gross floor area.

7-207.E. Floor Plans. Floor plans drawn to one quarter inch equals one foot (1/4” = 1') scale. Such plans shall indicate the intensity and type of use.

7-207.F. Street Profile. Street profile indicating the mass and scale of the project in relationship to neighboring structures and significant natural features.

7-207.G. Exterior Elevations. Front, rear and side elevations of the exterior drawn at the appropriate scale which clearly show the design intent.

7-207.H. Sign Plan. For projects within the Historic Commercial or Commercial zone districts, a sign plan showing the location and overall sign areas and the proposed sign area allocation.

7-207.I. Exterior Materials. Indication of the type of all exterior materials.

7-207.J. Impact Statement. An impact statement which indicates the scope of the project, design intentions and the project’s visual impact on its surroundings.

7-207.K. Reduced Plans. In addition, ten (10) sets of reduce scale site plans, elevations, and floor plans at a one-eighth inch or one-sixteenth inch equals one foot (1/8” or 1/16”=1') scale shall be submitted.

7-207.L. Housing Mitigation Plan, as required by Section 3-720.D.

Section 7-208 Application Contents for Final Review - Additions and Alterations

The development application for final review to obtain a CA for an addition or alteration shall contain three (3) copies of the following information:

7-208.A. Minimum Contents. The minimum contents for all applications specified in Section 5-202.C of this Title.

7-208.B. Existing Improvements. A drawing or photograph of the existing structure and site and elevations of the existing structure and a site plan, illustrating all existing improvements.

7-208.C. Site Plan. A site plan clearly showing the following:

7-208.C.1. A survey by a licensed Colorado surveyor indicating dimensions, corners, and orientation of each lot to be built upon or otherwise used, and including the following:

a. its relation to adjoining properties and the existing improvements thereon;

b. the existing topography and proposed grading changes;

c. existing significant vegetation and landscape features;

d. if the application is a minor submission, this information need not be in the form of a survey.

7-208.C.2. The layout of the entire project, its relation to adjoining properties and the existing buildings and improvements thereon;

7-208.C.3. The benchmark elevation of the project stated in U.S. Geologic Survey elevations;

7-208.C.4. The location of points of entry and exit of motor vehicles and the project’s internal vehicular circulation pattern and the location of required parking;

7-208.C.5. The location and layout of all parcel areas including required off-street parking and loading facilities;

7-208.C.6. Any improvements to the site, including, but not limited to, walls and fences, exterior lighting, and the design placement of any sign or other advertisement; and

7-208.C.7. Proposed landscaping, with notations clearly identifying existing conditions, existing significant vegetation to be removed, and the proposed condition of the site subsequent to development.

7-208.D. Floor Area. Indication of the gross floor area of the existing building and any additions.

7-208.E. Floor Plans. Floor plans drawn to one quarter inch equals one foot (1/4” = 1') scale. Such plans shall indicate the intensity and type of use.

7-208.F. Elevations. Front, rear and side elevations of the exterior which clearly show the design intent. These exterior elevations shall include structures and significant natural features on abutting properties.

7-208.G. Street Profile. Street profile indicating the project’s size and height in relation to neighboring structures if the proposed addition increases the floor area by over fifty (50%) percent or if the roof line is proposed to be raised.

7-208.H. Exterior Materials. Indication of type of all exterior materials.

7-208.I. Impact Statement. Impact statement indicating the scope of the project, design intentions, and a comment on the project’s visual impact on its surroundings.

7-208.J. Reduced Plans. In addition, ten (10) sets of reduce scale site plans, elevations, and floor plans at a one-eighth inch or one-sixteenth inch equals one foot (1/8” or 1/16”=1') scale shall be submitted.

7-208.K. Housing Mitigation Plan, as required by Section 3-720.D.

Section 7-209 Application Contents for Final Review - Significant Landmark Interiors

The development application for final review to obtain a CA for demolition, renovation restoration, modification, addition or alteration of a designated Significant Landmark Interior shall contain three (3) copies of the following information:

7-209.A. Minimum Contents. The minimum contents for all applications specified in Section 5-202.C of this Title.

7-209.B. Existing Interior. A drawing or photograph(s) of the existing interior.

7-209.C. Working Drawings. Complete working drawings clearly indicating the existing conditions and proposed work and identifying all historic spaces, materials, features and finishes which may be affected by the proposed work.

7-209.D. Materials. Indication of all materials to be used, removed or replaced.

7-209.E. Impact Statement. Impact statement indicating the scope of the project, design intentions, and comment on the project’s visual impact on its surroundings.

7-209.F. Housing Mitigation Plan, as required by Section 3-720.D.

Section 7-210 Application Contents for Final Review - Signs

The development application for final review to obtain a CA for a sign shall contain three (3) copies of the following information:

7-210.A. Minimum Contents. The minimum contents for all applications specified in Section 5-202.C of this Title.

7-210.B. Rendering. A rendering of the proposed sign indicating its overall dimensions.

7-210.C. Elevation. An elevation of the proposed sign if it will be located on a building or structure.

7-210.D. Site Plan. A site plan indicating the location of the proposed sign on the lot.

7-210.E. Photograph. A photograph of the existing site.

7-210.F. Impact Statement. A brief statement addressing the visual impact of the sign upon the surrounding area.

Section 7-211 Procedures for Final Review for Minor or Insubstantial Activities

An applicant seeking a CA for a minor or insubstantial activity shall follow the steps outlined below. The common review procedures for each stage are set out in Article 5 of this Title.

7-211.A. Pre-Application Conference. The applicant may attend a pre-application conference prior to submission of an application.

7-211.B. Submit Application. The applicant shall submit a complete application to the Planning Director containing the materials applicable to the type of activity proposed listed in Sections 7-207 through 7-210 of this Division.

7-211.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.

7-211.D. Public Notice. Public notice and hearing shall be required for minor activity applications. Minor scale applications for new construction or additions of 950 s.f. or more of new floor area shall require public notice as a Level 3 Notice according to the provisions of 5-204.C. Notice for all other minor activities shall be accomplished as a Level 1 Notice according to the provisions of 5-204.C and by publication of the meeting agenda on which the activity shall be heard to the Town’s Web Site. Approvals for insubstantial activities shall be handled administratively and, therefore, do not require public notice except as provided for in Section 7-303.A.

7-211.E. Staff Report. A written staff report evaluating the application’s compliance with the review standards contained in this Article and other applicable provisions of this Title shall not be required for minor or insubstantial activities. The staff shall provide a verbal report at the meeting of the H.A.R.C. Chairperson.

7-211.F. Public Review and Action. The H.A.R.C. Chairperson shall hold a public hearing to review the conformance of a proposed minor activity with all applicable provisions of this Title. Insubstantial activities may be reviewed without public notice, except as provided for in Section 7-303.A. All hearings and decisions shall be conducted and rendered in accordance with Sections 5-206.C and D of this Title. Any final action on an application by the H.A.R.C. Chairperson or Planning Director may be appealed in accordance with Section 7-217 infra.

7-211.G. Actions Following Approval. Conditions of approval requiring actions prior to issuance of a certificate of appropriateness must be addressed by the applicant and submitted within sixty (60) days of the rendering of a decision of approval, or the approval shall be deemed null and void. The CA shall be effective upon the date of signature of the HARC Chairperson.The applicant may apply for a building permit following approval of the application and the filing and recordation, as necessary, of any documents required by the approval or as specified under Section 5-209 of this Title. All fees must be paid. The H.A.R.C. Chairperson and Planning Director shall transmit a copy of each approved CA to the Building Official to authorize issuance of the permit. The Building Official shall follow the requirements of Section 7-206.H of this Division in issuing a building permit.

7-211.H. Notice. Public notice announcing the approval of a minor activity shall be published in accordance with the provisions of Section 5-208.H of this Title, excepting approvals for the installation of signs and approvals for extensions to CAs that do not constitute site specific development plans.

7-211.I. Vesting. An approval of a final plan for minor activity shall constitute a site specific development plan, except for final plan approvals for the installation of signs and approvals for extensions of CAs that do not constitute site specific development plans. Insubstantial activity approvals shall not constitute site specific development plans.

7-211.J. Expiration and Extensions. An approval of a minor or insubstantial activity shall expire three (3) years from the effective date of the minor activity site specific development plan.

7-211.J.1. H.A.R.C. Chairperson or Planning Director, respectively, may grant an extension of a minor or insubstantial activity approval for an additional period of up to three (3) years if H.A.R.C. Chairperson or Planning Director, respectively, determines the activity is consistent with current Design Guidelines and Design Considerations, as stated in Section 7-105, and the purposes of Article 7, Division 1, and if the applicant demonstrates a legitimate need to delay the start of construction, including inclement weather, financing difficulties, or similar factors. Note: extension of a vested property right may only be granted by the Town Council in accordance with Section 5-208 of this Title and a minor activity plan extension as awarded by H.A.R.C. Chairperson may be subject to changes in the Land Use Code absent a corresponding extension in a vested property right.

7-211.J.2. An application for extension of a CA shall be submitted to the Planning Director no less than two (2) months prior to the expiration of the CA and the HARC Chairperson shall act on such extension request prior to the expiration date of the CA.

Section 7-212 Amendment of a CA

7-212.A. Purpose. A CA may be amended for the purpose of making design changes.

7-212.B. Procedure. Except as may be permitted pursuant to other sections of this Division due to the nature or scope of a proposed amendment, a CA may only be amended through the same procedures by which it was originally approved. Proposed amendments to a CA shall be classified for review purposes pursuant to Section 7-203.

7-212.C. Application Contents. A development application to amend a CA shall contain three (3) copies of the following information:

7-212.C.1. The minimum contents for all applications specified in Section 5-202.C.

7-212.C.2. The most recently approved plans for which changes are proposed, showing all of the proposed changes (only one (1) set required);

7-212.C.3. Revised plans incorporating the proposed changes; and

7-212.C.4. An impact statement indicating all changes in the scope of the project, explaining the design intentions and visual impact on the project’s surrounding.

7-212.C.5. Revised Housing Mitigation Plan, if applicable.

7-212.D. Review Standards. The review standards to be followed for amending a CA shall be those in effect at the time of the consideration of the amendment.

Section 7-213 Waiver of or Addition to Application Contents

7-213.A.1. The H.A.R.C. Chairperson and Planning Director may waive any of the application requirements of this Division which may be unnecessary to achieve the purposes of any particular review, except that application fees may not be waived except by the Town Council in accordance with Section 5-205.C. of this Title. The Chairperson and Planning Director may require such additional information and exhibits as they deem reasonably necessary to enable H.A.R.C. to review an application.

7-213.B. H.A.R.C. Waiver of or Addition to Application Contents. H.A.R.C., by majority vote, may waive any application requirements as called for in this Division, except for fees may require additional information or overrule any waiver decision made by the Chairperson and Planning Director. Additional information which may be required includes, but is not limited to:

7-213.B.1. Scale drawings of signs;

7-213.B.2. Models or drawings of proposed buildings which give a three (3) dimensional view (axonometric, isonometric or perspectives);

7-213.B.3. Street profiles or elevations; and

7-213.B.4. Landscape plans.

Section 7-214 Wireless Telecommunications Services, Facilities and Equipment

7-214.A. Purpose. The purpose of this section is to provide design standards for wireless telecommunication facilities to ensure their compatibility with surrounding development. Predictable and balanced standards for the siting and screening of wireless telecommunication services, facilities, and equipment are necessary to:

7-214.A.1. Preserve the character and aesthetics of areas in close proximity to the facilities and equipment;

7-214.A.2. Protect the health, safety, and welfare of persons living and working in the area surrounding services, facilities, and equipment;

7-214.A.3. Facilitate the Town’s permitting process to encourage fair and meaningful competition between service providers, and to extend high quality wireless communication services at reasonable costs; and,

7-214.A.4. Encourage the joint use, clustering, and concealment of antenna sites and structures to the maximum extent practical, and to avoid unnecessary proliferation of facilities and equipment.

7-214.B. Applicability. These provisions and criteria do not apply to noncommercial satellite dish antennas, as well as radio and television transmitters and antennas incidental only to residential use. In addition, these provisions do not apply to small cell wireless facilities governed by Article 6 Division 9 of this Land Use Code. Wireless telecommunications equipment that: (1) extends less than eighteen inches (18'') from the highest vertical surface to which it is attached; (2) extends less than thirty-six inches (36'') from the horizontal exterior surface to which it is attached; and (3) is less than five hundred seventy-six (576) square inches (four (4) square feet) in perceived or projected size, shall be exempt from these provisions. These latter dimensional limits shall only apply to solitary, unrelated fixtures spaced at least twenty-five feet (25') apart.

7-214.C. Procedure. Prior to acquisition of a building permit to permit installation of wireless telecommunication facilities the design of such facilities and equipment shall be submitted for approval as a Minor Activity, as applicable under Sections 7-203.B.3.d.12 and 7-211 of this code. The procedure for the review of such facilities and equipment is further subject to the standards and supplemental review referral process described in Article 5, Division 2 of this Title.

7-214.D. Application Contents. In addition to the minimum application contents specified under Section 5-202.C. of this Title, an application for approval of a new, modified, or additional wireless telecommunication facilities shall include the following:

7-214.D.1. A site plan drawn at a minimum scale of one inch equals twenty feet (1" = 20'), or at another scale that may be approved by the Planning Director, with photos or drawings accurately representing existing and proposed conditions, specifying the location of antennas, support structures, transmission buildings, and other accessory structures, uses, access, parking, fences, signs, existing and proposed landscaping, and lighting, as well as all adjacent land uses within one hundred feet (100').

7-214.D.2. Site improvement survey, including topography, vegetation, and easements, certified by a land surveyor registered in the State of Colorado.

7-214.D.3. Elevation drawings or before and after simulations/drawings specifying the height and location of antennas, support structures, transmission building(s), and any accessory uses, fences, or signs.

7-214.D.4. Lighting plan or photometric study indicating the size, height, location, and wattage of all proposed outdoor lighting sources. This requirement may be waived if little or no outdoor lighting is proposed.

7-214.D.5. Structural Integrity Report from a professional engineer licensed in the State of Colorado that documents tower height and design, total anticipated capacity of the structure, failure characteristics, and specific design/reconstruction plans to allow shared use.

7-214.D.6. Statement from the Federal Communications Commission (FCC), or applicable federal agency, that the application complies with the regulations of the FCC or applicable federal agency with regard to maximum radio frequency and electromagnetic frequency emissions, or a statement from the applicant that no such compliance is necessary, and the reasons therefore.

7-214.D.7. Written documentation in the form of signed affidavit demonstrating a good faith effort to locate facilities pursuant to the site selection order of preference noted under Section 7-214.D. below. If deemed necessary by the Planning Director, evidence that an effort was made to locate on an existing wireless telecommunications services facility including coverage/interference analysis and capacity analysis and a brief statement as to other reasons for success or lack thereof.

7-214.D.8. A master development plan outlining the service provider’s plan for future facilities in the next five years. The master development plan shall identify the approximate locations of future facilities and area of service, but is not required to detail the specific type of facility.

7-214.D.9. If deemed necessary, the applicant shall erect a visual device which is structurally sound and which specifically identifies the height and mass of the proposed facilities. The visual device shall be erected at least seventy-two (72) hours prior to any approval.

7-214.E. General Requirements and Provisions. The following provisions shall apply to all applications for wireless telecommunications facilities and equipment, excluding small cell wireless facilities governed by Article 6 Division 9 of this Land Use Code:

7-214.E.1. Towers, typically consisting of a structure with three (3) or four (4) support legs, and typically using lattice work for lateral support, shall be prohibited. Freestanding towers shall be prohibited in all residential zones.

7-214.E.2. Siting of facilities and equipment shall follow the following order of preference: first, on existing structures; second, in locations where existing topography, vegetation, or structures provide adequate screening; third, on Town-owned or controlled property; and fourth, on vacant ground with low visibility.

7-214.E.3. Types of facilities and equipment shall follow the following order of preference: first, concealed façade attached; second, roof attached or above roof line; third, unconcealed façade attached; fourth, street pole attached; and fifth, freestanding tower.

7-214.E.4. Radio interference shall be prohibited.

7-214.E.5. Leasing of publicly-owned structures, multi-use facilities, and co-location, or sharing of facilities with other service providers is encouraged.

7-214.E.6. All equipment and facilities shall be maintained in the safe and responsible manner, free from graffiti, debris, and litter.

7-214.E.7. All required approvals will be in effect only so long that the facilities and equipment are in operation on the site. A written notice of a decision to abandon a facility shall be provided to the Town Planning Director within 30 days that use is discontinued.

7-214.E.8. All wireless communication facilities and equipment shall be removed within 30 days of discontinuance of use. A landowner who fails to secure removal of abandoned or discontinued equipment shall be deemed in violation of the Land Use Code.

7-214.E.9. Approval by the Town of a wireless communication facilities and equipment shall not be construed to waive any applicable zoning or other regulations.

7-214.F. Review Standards. In addition to the standards contained in the Town Design Guidelines, the following standards shall apply. Notwithstanding the following, height, setback, and landscaping standards may be waived or varied for stealth or camouflaged facilities deemed not visible to the naked eye, if deemed appropriate within review and approval. Stealth or camouflaged facilities shall provide a determination by a licensed structural engineer that failure will occur within property boundaries.

a. Roof attached facilities shall not exceed five feet above the highest portion of the roof membrane. However, the antenna and support system for whip antennas shall not exceed ten (10) feet above the highest portion of roof membrane, not including parapet walls.

b. Facade attached facilities shall not exceed five feet above the facade to which it is attached.

c. Street pole attached facilities may only extend six feet above the existing street pole. A maximum extension of fifteen (15), from the top of the street pole, may be permitted if a utility disturbance can be clearly demonstrated.

7-214.F.2. Setbacks. All facilities shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed:

a. Street Pole Attached. No setback when constructed within the public right-of-way.

b. Facade Attached. The maximum projection shall be eighteen (18) inches. The location of a facility on the wall of a legal non-conforming structure is permitted. However, the facility shall not be located on an exterior wall in a manner that will increase the degree of nonconformity.

c. Roof attached. Facilities shall be set back from the edge of the building the height of the antenna and support system as measured from the roof membrane, or ten (10) feet from the edge of the building, whichever is less.

d. Freestanding Tower. Setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. Towers shall be set back from all property lines one hundred twenty-five (125) percent of the tower height as measured from ground level.

e. Equipment Enclosure. Underground vaults or above ground structures shall comply with the setback requirements of the underlying zoning district.

f. No freestanding facilities or equipment enclosures shall be located between the face of a structure and a public street, trail, park or residential development, except for approved facade-attached facilities located on existing or new permitted structures in accordance with this Chapter.

7-214.F.3. Evaluation Standards. The following design criteria shall be addressed by each applicant seeking wireless communication facility permit approval:

a. All facilities shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening and camouflage, to be compatible with existing architectural elements and building materials and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator’s coverage objectives.

b. Colors and materials for facilities shall be chosen to minimize visibility. Facilities shall be painted or textured using colors to match or blend with the primary background.

c. Facilities shall be located on buildings, walls or roofs, shall blend with the existing building’s architecture by painting or shielding with material which is consistent with the design features and materials of the building.

d. Support structures and equipment enclosures shall be installed so as to maintain and blend with existing landscaping on-site, including trees, foliage and shrubs, whether or not utilized for screening.

e. Additional landscaping and screening shall be installed to visually screen the support structures and above ground equipment enclosures. Landscaping and screening shall consist of any combination of trees, foliage, decorative walls or fences, other features, or shrubs of dense spacing.

f. Upon completion, the owner(s)/operator(s) of the facility shall be responsible for the continued maintenance and replacement of all required landscaping and screening materials.

7-214.F.4. Parking. None, unless the facility is not fully automated, in which case one (1) space shall be required.

7-214.F.5. Access. In addition to ingress and egress requirements of the Uniform Building Code, access to and from facilities and equipment shall be regulated as follows:

a. No facilities or equipment shall be located in a required parking, maneuvering or vehicle/pedestrian circulation area such that it interferes with, or in any way impairs, the functionality of a required parking space.

b. The facilities shall be secured from access by the general public but access for emergency services must be ensured. Access roads shall comply with Fire District standards for emergency vehicular access.

a. Facilities shall not be located in wetlands. Facilities shall also be avoided whenever possible in wetland buffer areas and disturbance to wetland buffer areas shall be minimized.

b. Facilities shall not be located within river and river park corridor setbacks.

c. Facilities locating within the floodplain shall comply with the additional placement standards as identified within this Title and provide proof of FCC acceptance of the proposed location.

d. Above ground equipment for facilities, exclusive of roof and facade attached facilities, shall not generate noise in excess of fifty (50) decibels (db) at the property line.

e. Roof or facade attached equipment for facilities shall not generate noise in excess of fifty (50) db at ground level at the base of the structure closest to the antenna.

7-214.F.7. Facility Specific Standards. Street pole and façade attached facilities shall meet the following conditions and criteria in addition to the other standards identified in this Section.

a. Facade attached facilities. Equipment enclosures shall be located within the structure in which the facility is placed or located underground if site conditions permit.

(1) Only one facility shall be permitted on any one street pole. The antenna shall be equal to or less than six feet in height, including the support system, if any. Surface area of an antenna shall not exceed five hundred eighty (580) square inches. The antenna shall be either fully concealed within the street pole or camouflaged to appear to be an integrated part of the street pole. An antenna not flush mounted on the side of the street pole shall be centered on the top of the street pole to which it is attached and camouflaged or disguised.

(2) Utility Separation. In the event that a utility located upon the street pole requires vertical separation between its utility facilities and the antenna so attached, the antenna may be raised by a support system to accommodate the separation requirement to an elevation not exceeding an additional fifteen (15) feet or the required separation, whichever is less. Any such support shall not be greater in diameter than the existing street pole and shall be designed to blend into the colors and textures of the existing street pole.

(3) Pole Replacement. Existing street poles may be replaced with a new street pole of the same height, dimensions and appearance as the existing street pole. An antenna located upon the new street pole shall meet the standards for attaching an antenna to an existing street pole, as set forth above.

(4) Underground facilities within the public right-of-way shall obtain a revocable encroachment permit.

7-214.G. Updating. Changes to the wireless communication industry’s facility needs, particularly reductions in facility sizing and scope, shall be monitored by the Planning Department. Amendments to this Land Use Code section shall be considered if review processes are found to be needlessly burdensome.

Section 7-217 Appeals

7-217.A.1. Those persons identified in Section 5-207.A. of this Title shall have the right to appeal H.A.R.C. actions to the Town Council.

7-217.A.2. Those persons identified in Section 5-207.A. of this Title shall have the right to appeal the actions of the H.A.R.C. Chairperson and the Planning Director to the H.A.R.C. board.

7-217.A.3. No building permit shall be issued pending the outcome of an appeal.

7-217.B. Appeal Procedures. All appeals shall be governed by the procedures and requirements of Section 5-207 of this Title, except as when necessary to process appeals as described in Section 7-217.A.2 above. The H.A.R.C. Chairperson shall be disqualified from participating in any appeal as initiated under Section 7-217.A.2 above.

Section 7-301 Purpose

7-301.A. Primary. The purpose of this Division is to provide a system by which the moving and demolition of structures and buildings shall be regulated. The primary intent is to preserve the historical integrity and architectural character of Telluride Historic Landmark District (THLD) through the preservation, retention and maintenance of all structures rated by the Town as “contributing” or “supporting” in their original locations.

7-301.B. Secondary. This Division also seeks to protect non-rated structures that contribute to a neighborhood’s historical integrity, to maintain existing street and alleyscapes, and to preserve and enhance the traditional mass and scale of the architecture in the Historic Preservation Overlay District (HPOD).

Section 7-302 Applicability

The relocation or demolition of any structure located within the HPOD shall be prohibited unless a CA for such activity has been issued in accordance with the provisions of this Division and the applicable provisions of Divisions 1 and 2 of this Article.

7-302.A. Demolition of Rated and Landmark Structures. No demolition or removal of any contributing or supporting rated THAS primary structure or THAS secondary structure within the Telluride Historic Landmark District (THLD), or of any subsequently designated local landmark or rated structure, shall be permitted unless the demolition is first approved by H.A.R.C. in accordance with the standards of Section 7-306.A.

7-302.B. Demolition of Non-Rated Structures within the HPOD and Non-Designated Principal Structures within the THLD. No demolition or removal of any non-rated THAS primary structure or THAS secondary structure within the HPOD, or of a non-designated building which is a principal structure within the THLD, shall be permitted unless the demolition or removal is first approved by H.A.R.C. in accordance with the standards of Section 7-306.B.

7-302.C. Demolition of Non-Designated Structures Within HPOD, outside the THLD; Non-Designated Secondary Structures within the THLD. No demolition or removal of any non-designated structure or building within the HPOD, but outside the THLD, or of any non-designated building which is a secondary structure or accessory building within the THLD, shall be permitted unless the demolition or removal is first approved by the Planning Director, in accordance with the standards of Section 7-306.B. The Planning Director shall have the authority to refer such decision to H.A.R.C.

7-302.D. Relocation of Rated Structure. No relocation of a rated structure located within the HPOD shall be permitted unless the relocation is first approved by H.A.R.C., in accordance with the standards of Section 7-305.A.

7-302.E. Relocation of Non-Rated THAS Primary Structure or Non-Designated Principal Structures. No relocation of any non-rated THAS primary structure or non-designated principal structure within HPOD shall be permitted unless the relocation is first approved by H.A.R.C. in accordance with the standards of Section 7-305.B.

7-302.F. Relocation of Non-Rated or Non-Designated THAS Secondary Structures. No relocation of any non-rated THAS secondary structure or non-designated secondary structure or accessory building within the HPOD shall be permitted unless the relocation is first approved by H.A.R.C. in accordance with the standards of Section 7-305.B.

7-302.G. Demolition by Neglect. No owner of a rated structure, and no lessee of a rated structure who is obligated by such lease to maintain and repair the structure (other than the interior), shall allow, cause, or permit the structure to suffer or experience demolition by neglect.

7-302.H. Designated Employee Housing Unit. In addition to the preceding provisions, no demolition, removal, or relocation of any structure which contains a designated employee dwelling unit shall be permitted unless the action is first approved by P&Z in accordance with the provisions of Section 6-105.

7-302.I. Partial Demolition. The partial demolition of a structure which occurs solely as part of a remodel, alteration, or addition to an existing structure that does not meet the definition of Section 2-309, Demolition, and any repositioning of a structure, shall only be subject to the applicable procedures and standards of Division 2 of this Article.

7-302.J. Conflict. In the event of any conflict or inconsistency between the provisions of this Division 3 and those of Division 2 of this Article 7, the provisions of this Division 3 shall control.

Section 7-303 Procedure For Relocation Or Demolition

An applicant seeking approval to relocate or demolish a structure within the HPOD shall follow the steps outlined in Section 7-204 or 7-206 or 7-211, as applicable. The applicant shall also comply with the following requirements:

7-303.A. Public Notice. Notice that H.A.R.C. or H.A.R.C. Chairperson will conduct a hearing to consider an application for demolition or relocation shall be based on the Classification of Activities and Applications as per Section 7-203. Public Notice for relocations and demolitions classified as Large Scale, Small Scale and Minor Scale Activities shall be a Level 3 Notice according to the provisions of 5-204.C. Relocations or Demolitions classified as Insubstantial Scale Activities require no notice.

7-303.B. Action by H.A.R.C., H.A.R.C. Chairperson and Planning Director. When taking final action on applications for demolition or relocation of structures, the following rules shall also be followed:

7-303.B.1. Applications for demolition or relocation of structures designated as local landmarks, or of THAS primary structures which are rated as contributing or supporting, or non-rated THAS primary structures within the THLD may be approved only upon the affirmative vote of five (5) H.A.R.C. members at both the preliminary and final review. Applications for relocation of rated THAS secondary structures shall only require a final hearing, pursuant to 7-206, and may be approved only upon the affirmative vote of five (5) H.A.R.C. members.

7-303.B.2. Applications for demolition or relocation of non-rated THAS primary structures located outside of the THLD or any non-rated THAS secondary structure may be approved only upon the affirmative vote of four (4) H.A.R.C. members.

7-303.B.3. Applications for demolition or relocation of non-designated structures, including applications for relocation of any structure into the HPOD, or any application which has been referred to H.A.R.C. by the H.A.R.C. Chair or the Planning Director, or any action of H.A.R.C. in administering this Division may be approved upon affirmative vote of a simple majority of H.A.R.C. members present at a duly constituted meeting of H.A.R.C., when a quorum is present.

7-303.B.4. Any reduction, suspension or termination of a moratorium may be approved only upon the affirmative vote of four (4) H.A.R.C. members.

7-303.B.5. H.A.R.C. and the Planning Director may delay the effective date of their approval for up to thirty (30) days.

7-303.B.6. The applicant shall be encouraged to sell or reclaim a structure and the materials to be demolished or permit others to salvage them and to provide an opportunity for others to purchase or reclaim the building or its materials for use in the HPOD.

7-303.C. Actions Following Approval. An applicant may apply for a building permit following the effective date of the approval of the demolition or relocation application and the filing and recordation, if necessary, of all documents memorializing the approval or required under Section 5-209.

An applicant may be required to advertise the availability of the structure and materials for sale or salvage in a local newspaper on at least three (3) occasions prior to demolition.

No building permit for demolition or relocation shall be issued unless the Building Official has also issued a total building permit for the replacement structure. In the event no such structure is required, as part of a redevelopment plan, then a letter of credit or other acceptable security to ensure performance of conditions of approval shall be posted with the Town in a form acceptable to the Town Manager.

7-303.D. Appeals. Any person aggrieved by the approval or denial by H.A.R.C., the H.A.R.C. Chairperson or the Planning Director of an application for relocation or demolition or by the imposition of a building permit or certificate of occupancy moratorium may appeal such action to the Town Council in accordance with the provisions of Section 7-217.A. A moratorium shall stay in effect until final action on the appeal by the Town Council.

7-303.E. Notice. A public notice announcing the final approval of a demolition or relocation application shall be published in accordance with the provisions of Section 5-208.H, except demolitions approved as an insubstantial activity.

7-303.F. Vesting. An approved final plan for the relocation or demolition shall constitute a site specific development plan, except demolitions approved as an insubstantial activity.

Section 7-304 Application Contents For Relocation Or Demolition

7-304.A. Local Landmarks and Rated Structures. For relocation or demolition applications involving local landmarks and rated structures located within the HPOD, the applicant shall submit the following materials:

7-304.A.1. The minimum contents for all applications specified in Section 5-202.C of this Title;

7-304.A.2. Elevations, drawings, plans, statements, and other materials which satisfy the requirements preliminary and final review for new construction under Sections 7-205 and 7-207, for any replacement structure or structures to be erected or constructed pursuant to a development plan;

7-304.A.3. A redevelopment plan for any originating, receiving, or demolition site, and a statement of the effect of the proposed redevelopment on the architectural and historical qualities of other structures and the character of the neighborhood around the sites;

7-304.A.4. An economic feasibility report prepared by an architect, developer, or appraiser, or other person who is experienced in rehabilitation of structures that addresses:

a. The estimated market value of the property on which the structure lies, both before and after demolition or removal; and

b. The feasibility of rehabilitation or reuse of the structure proposed for demolition or partial demolition;

7-304.A.5. A report from a licensed engineer or architect regarding the soundness of the structure and its suitability for rehabilitation;

7-304.A.6. A statement addressing compliance with each applicable review standard for demolition or relocation; and

7-304.A.7. Diagram, as described in Section 7-308, Measurement of Demolition.

7-304.B. Non-Rated Structures and Non-Designated Principal Structures. For demolition or relocation applications involving non-rated structures and non-designated principal structures within the HPOD, the applicant shall submit the materials identified in subsections A.1 through A.4 and A.7 of this Section if necessary.

7-304.C. Non-Designated Secondary Structures. For demolition or relocation applications involving non-designated secondary structures and accessory buildings within the HPOD, the applicant shall submit the materials identified in subsections A.1, A.2 and A.7 of this Section if necessary.

7-304.D. Additional Information. H.A.R.C. may require the applicant to submit such additional information and exhibits as it deems reasonably necessary to enable it to review the application, including, but not limited to, historic photographs and Sanborn Insurance Maps.

Section 7-305 Standards For Review Of Relocation

7-305.A. Rated Structure or Local Landmark. Relocation of a rated structure or local landmark within the HPOD shall only be approved if H.A.R.C. finds all of the following standards are met:

7-305.A.1. The structure cannot be rehabilitated or reused on its originating site as part of any reasonable beneficial use of the property;

7-305.A.2. The relocation activity is demonstrated to be the best method for preservation of the character and integrity of the structure, and the historical integrity of the existing neighborhoods and of structures adjacent to the receiving and originating sites will not be diminished due to the relocation;

7-305.A.3. The structure to be relocated must retain sufficient historic features, integrity of design, materials, workmanship, feeling, and association, so as to continue to convey its architectural significance;

7-305.A.4. The historic and present orientation, immediate setting, and general environment of the relocated structure at the receiving site must be compatible with the architectural qualities and/or historic associations of structures in the neighborhood of the receiving site;

7-305.A.5. The historical character and architectural integrity of the area of the proposed receiving site and the origination site, if located in the Town of Telluride, and of the structure itself, will not be substantially compromised or diminished and the proposal for subsequent development on the origination site will add to the character of the neighborhood more than the structure(s) to be moved;

7-305.A.6. The structure has been demonstrated to be capable of withstanding the physical impacts of the relocation and resiting based on a structural report by a licensed engineer attesting to the soundness of the structure proposed for relocation;

7-305.A.7. The applicant has agreed to comply with a preservation, rehabilitation, and restoration plan for the relocated structure which has received the approval pursuant to the provisions and requirements of Division 4 of this Article;

7-305.A.8. The applicant has agreed to post with the Town a bond or other suitable collateral as determined by the Town Manager, ensuring the safe relocation, preservation, rehabilitation and repair of the structure, receiving site preparation, and infrastructure connections; and

7-305.A.9. The receiving site is compatible in nature to the structure or structures proposed to be moved, the character of the neighborhood is consistent with the architectural integrity of the structure, and the relocation of the structure would not diminish the integrity or character of the neighborhood of the receiving site.

7-305.B. Non-Rated or Non-Designated Structure. Relocation of a non-rated or non-designated structure shall only be approved if H.A.R.C. or the H.A.R.C. Chairperson finds all of the standards of subsections A.5 through A.9 of this Section are met.

Section 7-306 Standards For Review Of Demolition

7-306.A. Rated Structure or Local Landmark. Demolition of a rated structure or local landmark shall only be approved if H.A.R.C. finds all of the following standards are met:

7-306.A.1. The structure cannot be rehabilitated or reused on site as part of any economically beneficial use of the property;

7-306.A.2. The structure proposed for demolition is structurally unsound despite efforts by the owner to properly maintain the structure;

7-306.A.3. The structure cannot be practicably moved to another site within the THLD;

7-306.A.4. The demolition proposal mitigates to the greatest extent practical any impact to the character of the “neighborhood” of the property on which the demolition is proposed to occur;

7-306.A.5. The historical integrity and architectural character of the area where the proposed demolition of a structure is to take place will not be substantially diminished or compromised. For the purposes of this Section, the term “architectural character” shall include, but not be limited to, height, coverage, setbacks, massing, siting, fenestration, streetscape, alleyscape, materials, and scale of materials;

7-306.A.6. Subsequent development on the property will add to the architectural character of the neighborhood more than the structure(s) to be demolished;

7-306.A.7. The demolition proposal mitigates to the greatest extent practical any impact to the historical importance of other structures located on the property and on adjacent parcels and on the integrity of the Telluride National Historic Landmark District;

7-306.A.8. The demolition proposal mitigates to the greatest extent practical any impact on the architectural character of a designated historic structure or part thereof; and

7-306.A.9. The applicant has agreed to redevelop the originating site after demolition pursuant to an approved redevelopment plan which provides for a replacement structure, which plan is compatible with and/or enhances the historical integrity and architectural character of the immediate area, neighborhood, the applicable treatment area, and the Telluride Historic Landmark District. This standard may be waived by H.A.R.C. or the Planning Director if the applicant agrees to deed restrict the property to open space uses and H.A.R.C. finds that such restriction constitutes a greater benefit to the THLD or the HPOD than redevelopment would.

7-306.B. Non-Rated or Non-Designated Structure. Demolition of a non-rated structure or non-designated structure shall only be approved if H.A.R.C. or the Planning Director finds all of the standards of subsections A.5 through A.9 of this Section are met.

Section 7-307 Penalty

7-307.A. Penalties Authorized. Any person who intentionally causes, intentionally permits, or knowingly fails to prevent the unauthorized demolition, removal, or relocation of a rated structure which the person owns or leases, or who has knowingly permitted demolition by neglect of any rated structure which such person owns or leases, or who has violated any provision of this Division is guilty of a misdemeanor and shall be punished in the Telluride Municipal Court by a fine in an amount not to exceed one thousand dollars ($1,000.00), or imprisonment of up to ninety (90) days, or both.

7-307.B. Moratorium Authorized. Upon conviction, pursuant to subsection A of this Section, of an owner of a rated structure for unauthorized demolition, removal, relocation, or demolition by neglect of a rated structure, H.A.R.C. shall be authorized to impose a ten (10) year moratorium on issuance of building permits or certificates of occupancy upon the property on which the structure was demolished, removed from, or relocated from.

7-307.C. Hearing. Such moratorium may be imposed only after a public hearing preceded by five (5) days’ prior written notice mailed to the owner by registered mail. An affirmative vote of a majority of the members present and voting shall be required in order to impose any such moratorium; provided, that at least four (4) members actually vote. Imposition of a moratorium shall be subject to the appeal provisions of Section 5-207.

7-307.D. Temporary Moratorium Authorized. Upon the commencement of any prosecution in Municipal Court pursuant to subsection A of this Section, H.A.R.C. may impose a temporary moratorium on the issuance of building permits or certificates of occupancy for the property on which the rated structure was demolished, removed, or relocated from. Such moratorium shall remain in effect for the duration of the prosecution and any appeal therefrom. Upon application by an owner or lessee of the property subject to a temporary moratorium, H.A.R.C. shall conduct a hearing to determine whether the moratorium should be terminated or modified. Such hearing shall be conducted within two (2) weeks of a request therefor.

7-307.E. Record Notice. Notice of the imposition and duration of any moratorium imposed pursuant to subsection B of this Section shall be recorded with the San Miguel County Clerk and Recorder.

7-307.F. Suspension of Moratorium Authorized. No sooner than one (1) year after imposition of the moratorium pursuant to subsection B of this Section, H.A.R.C. may suspend, reduce, or terminate a moratorium on issuance of a building permit or certificate of occupancy, with or without conditions, after considering the following factors:

7-307.F.1. The impact of the demolition or removal upon the historical integrity and architectural character of the National Historic Landmark District, the THLD, and the neighborhood area;

7-307.F.2. Factual circumstances concerning the cause of the demolition or removal, as may be identified by investigation of the Building Official or Fire Marshal;

7-307.F.3. Whether the demolition or removal would have been approved by H.A.R.C. had an application been submitted;

7-307.F.4. Whether the purposes of the moratorium have been achieved; and

7-307.F.5. The effect of a moratorium as an incentive to the owner to restore or rehabilitate any remaining portion of the demolished or relocated structure, if such action would substantially contribute to the historical integrity and architectural character of the THLD.

7-307.G. Penalties Cumulative. The penalty provisions of this Section are cumulative, and are in addition to any other remedies at law or in equity, or any other judicial or administrative remedies (including abatement) which may be available to the Town.

Section 7-308 Measurement of Demolition

The Planning Director shall determine if a building is intended to be or has been demolished by applying the following process of calculation:

7-308.A. Diagram. The applicant shall prepare and submit a diagram showing the following: (1) The surface area of all existing (prior to commencing development) exterior wall assemblies above finished grade and all existing roof assemblies. Not counted in the existing exterior surface area calculations shall be all existing fenestration (doors, windows, skylights, etc.). (2) The exterior surface area, as described above, to be removed. Wall area or roof area being removed to accommodate new or relocated fenestration shall be counted as exterior surface area being removed. (3) The diagram shall depict each exterior wall and roof segment as a flat plane with an area tabulation.

7-308.A.1. Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in addition to the necessary subsurface components for its structural integrity, including such items as studs, joists, rafters, etc. If a portion of a wall or roof structural capacity is to be removed, the associated exterior surface area shall be diagrammed as being removed. If a portion of a wall or roof involuntarily collapses, regardless of the developer’s intent, that portion shall be calculated as removed. Recalculation may be necessary during the process of development and the Planning Director may require updated calculations as a project progresses.

7-308.A.2. Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated or expanded fenestration shall be counted as wall area to be removed.

7-308.A.3. Only exterior surface area above finished grade shall be used in the determination of demolition. Sub-grade elements and interior wall elements, while potentially necessary for a building’s integrity, shall not be counted in the computation of exterior surface area.

7-308.A.4. According to the prepared diagram and area tabulation the surface area of all portions of the exterior to be removed shall be divided by the surface area of all portions of the exterior of the existing structure and expressed as a percentage. The Planning Director shall use this percentage to determine if the building is to be or has been demolished according to the definition in Section 2-309, Demolition. If portions of the building involuntarily collapse, regardless of the developer’s intent, that portion shall be calculated as removed.

7-308.B. Responsibility. It shall be the responsibility of the applicant to accurately understand the structural capabilities of the building prior to undertaking a remodel. Failure to properly understand the structural capacity of elements intended to remain may result in an involuntary collapse of those portions and a requirement to recalculate the extent of demolition. Landowner’s intent or unforeseen circumstances shall not affect the calculation of actual physical demolition. Additional requirements or restrictions of this Chapter may result upon actual demolition.

Section 7-401 Adoption Of Survey

“The 2013 Telluride Historic and Architectural Survey” (THAS), (THAS, as it may be amended from time to time) is hereby adopted in its entirety and incorporated herein by this reference. Copies of the THAS shall be available for inspection or purchase at the office of the Planning Director.

Section 7-402 Periodic Update Of Survey And Evaluation

H.A.R.C. shall periodically update the THAS as alteration and addition to structures occurs.

Section 7-403 Procedure For Challenge Of Evaluation

7-403.A.1. A written request by the owner of the evaluated structure or a vote by a majority of the Historic and Architectural Review Commission shall be necessary to challenge the designation of any structure designated in the THAS.

7-403.A.2. A written request by the owner of the evaluated structure shall be necessary to challenge the designation of any structure designated in the THAS.

7-403.B. Permits Prohibited. H.A.R.C. shall have the power to prohibit the issuance of building, exterior remodeling, or demolition permits affecting any property under consideration for an evaluation change. The prohibition may remain in effect for the length of time required by H.A.R.C. and Town Council to take final action on the proposed evaluation.

7-403.C. Public Hearing. Following a request or a vote to challenge an evaluation, H.A.R.C. shall hold a public hearing at its next regularly scheduled meeting and schedule a site visit prior to the meeting. Notice of the meeting shall be a Level 3 Notice according to the provisions of 5-204.C. The owner of record of the structure whose designation is being challenged shall be notified by certified mail of the meeting and site visit. A recommendation by H.A.R.C. to change the designation of structure may only be approved by an extraordinary majority of H.A.R.C. members.

7-403.D. H.A.R.C. Recommendation. The person challenging a designation shall have the burden of presenting evidence substantiating the challenge. The staff or any interested citizen may also present evidence as to why the evaluation of the structure should or should not be changed. Within fifteen (15) days after the date of the public hearing, H.A.R.C. shall make a recommendation to the Town Council whether or not to amend the evaluation based on the criteria set forth for evaluation of structures in the 2013 THAS.

7-403.E. Council Action. The Town Council shall hold a meeting to discuss the proposed evaluation modification after the date of the H.A.R.C. recommendation. The Council shall make a decision via resolution to amend the evaluation or not within thirty (30) days after the date of its first meeting. The decision shall be based on the criteria set forth for evaluation of structures in the THAS.

Section 7-501 Applicability

This Division shall apply to the designated local landmark buildings, structures and sites, and significant landmark interiors, within the geographic boundaries of the Telluride National Historic District.

Section 7-502 List of Designated Local Landmarks and Significant Landmark Interiors

7-502.A. Local Landmarks. In addition to any local landmarks subsequently designated, the following buildings, listed as surviving structures in the nomination form for the Telluride National Historic District, shall be designated as local landmarks:

7-502.A.1. The County Courthouse;

7-502.A.2. Town Hall;

7-502.A.3. The Sheridan Hotel;

7-502.A.4. The Miner’s Union;

7-502.A.5. The Sheridan Opera House;

7-502.A.6. The Old School;

7-502.A.7. The Catholic Church;

7-502.A.8. The Depot;

7-502.A.9. The Pick and Gad;

7-502.A.10. The Telluride Institute, also known as the Cornell House, 427 W. Columbia Ave., Lots 6 and 9, Block 3, West Telluride Addition;

7-502.A.11. The E.L. Davis House, also known as the Reichel Residence, 207 N. Oak Street, Lots 5 and 7, Block 20, Town of Telluride;

7-502.A.12. The Bordello Cribs, located in “Popcorn Alley”, Condominium Units 2, 3 and 4 in the Popcorn Alley Condominiums, 121, 123 and 127 E. Pacific Ave., Lots 3, 5 and 7, Block 8, Town of Telluride;

7-502.A.13. The Finn Hall, 440 W. Pacific Avenue, Parcel B according to the Replat of Lots 28, 29 and 30, Block 6, West Telluride Addition;

7-502.A.14. The Miller Residence, 513 W. Columbia, Lots 2 and 3, Block 10, West Telluride Addition;

7-502.A.15. The Charles D. Waggoner House, also known as the Boyd Residence, 235 N. Pine Street, Lot 17, Parcel B, Block 24, Town of Telluride;

7-502.A.16. The Telluride Historical Museum, also known as the Hall’s, Miners’ or Hadley Hospital, 201 W. Gregory Avenue, Lots 11, 12, 13, and 14, Block A, Halls Subdivision;

7-502.A.17. The Old First National Bank Building, also known as the Nugget or Old Elks Building, 207 W. Colorado Avenue, the south one hundred feet (100') of Lots 35, 37 and 39, Block 3, Town of Telluride;

7-502.A.18. The Transfer Warehouse, 201 S. Fir Street, Lot 5R-R Telluride Transfer SUB/PUD, Block 17, Town of Telluride; and

7-502.A.19. The Sante House, 123 E. Columbia Avenue, Lot A, Block 28, Town of Telluride.

7-502.B. Significant Landmark Interiors. In addition to those local landmarks subsequently designated, the interiors of certain local landmarks shall be designated as significant landmark interiors. Those interiors are:

7-502.B.1. The County Courthouse;

7-502.B.2. The Sheridan Hotel;

7-502.B.3. The Sheridan Opera House; and

7-502.B.4. The Telluride Historical Museum.

Section 7-503 Initiation of Designation

7-503.A. Initiation. H.A.R.C. shall consider for local landmark designation any property proposed by motion of any H.A.R.C. member and voted on by at least three (3) H.A.R.C. members, or any property proposed by its owner.

7-503.B. Procedure For Other Designations. The procedure set out in Section 7-504 shall be adhered to in designating any building, structure, site, monument or other local landmark that is worthy of preservation.

Section 7-504 Procedure for Designation

7-504.A. Submit Application. The applicant shall submit a complete application to the Planning Director containing the minimum application contents specified in Section 5-202.C. of this Title.

7-504.B. Public Notice. Public notice that H.A.R.C. will conduct a hearing to consider an application to designate a local landmark shall be provided as follows:

7-504.B.1. If the proposed designation has been initiated by H.A.R.C., the Town shall send notice by registered mail to the owner of the property proposed for local landmark designation or significant landmark interior containing that information specified in Section 5-204.D. of this Title. The Town shall also provide notice of the proposed designation as a Level 3 Notice according to the provisions of 5-204.C.

7-504.B.2. If the proposed designation has been initiated by the owner of the property, notice shall be provided as a Level 3 Notice according to the provisions of 5-204.C.

7-504.B.3. For purposes of this Division, “owner” means any person who alone, or jointly or severally with others, has title or a possessory legal interest in any building, and includes any person who as agent, executor, administrator, trustee or guardian of an estate has charge, care or control of any building.

7-504.C. Public Action By H.A.R.C. H.A.R.C. shall hold a public hearing to review the conformance of the application with all applicable provisions of this Title.

7-504.C.1. H.A.R.C. may solicit expert testimony or documentary evidence regarding the historic and architectural importance of the building, structure, site, monument, area or other local landmark under consideration for designation.

7-504.C.2. H.A.R.C. shall afford to the owner of the property and to any other interested party reasonable opportunity to present testimony or documentary evidence regarding the historic and architectural importance of the proposed local landmark property.

7-504.C.3. Within fifteen (15) days after the date of the public hearing, H.A.R.C. shall render a recommendation to the Town Council regarding the proposed designation and shall give written notice of its decision to the owner of the property proposed for designation, setting forth its reasons thereof.

7-504.C.4. Four (4) votes of H.A.R.C. members shall be required to recommend that a building or site be designated as a local landmark. A simple majority vote shall be required to recommend that an interior of a local landmark be a significant landmark interior.

7-504.C.5. H.A.R.C. shall maintain a record of testimony and documentary evidence submitted at the public hearing for consideration of a proposed local landmark or a significant landmark interior designation.

7-504.D. Public Action By Town Council. The Town Council shall within forty five (45) days after the date of H.A.R.C.’s recommendation ratify or overturn the recommendation to designate a local landmark or a significant landmark interior. The Council action shall occur at any regular or special meeting of the Town Council. An affirmative vote of an extraordinary majority of the Town Council as defined at Section 5-207.J of this Title shall be required to ratify the H.A.R.C. recommendation.

7-504.E.1. Within thirty (30) days after the date on which the Town Council ratifies any building, structure, site or monument as a local landmark worthy of preservation, or as significant landmark interior, the Council shall cause to be filed in the County Clerk and Recorder’s office a certificate of notification that such property is designated a local landmark or as significant landmark interior.

7-504.E.2. The certificate of notification shall be maintained on the public records unless the local landmark designation is withdrawn by the Town Council following H.A.R.C. recommendation. An affirmative vote of five (5) members of the Town Council shall be required to withdraw local landmark, or significant landmark interior designation. Local landmark designation shall not be withdrawn if zoning incentives have been granted for the subject property or structure, pursuant to Section 7-506 of this Title.

7-504.E.3. At such time as a local landmark or local landmark site has been finally designated in accordance with this Division, H.A.R.C. may have a suitable plaque prepared and, with the consent of the property owner, erected on the local landmark or local landmark site declaring it as a local landmark building and/or local landmark site.

Section 7-505 Standards For Designation

7-505.A. Local Landmark or Significant Landmark Interior. The following criteria shall be considered when making a local landmark designation or significant landmark interior recommendation. Buildings or sites to be designated as a local landmark shall have two (2) or more of the following characteristics:

7-505.A.1. The structure is representative of a unique historical social activity of an era;

7-505.A.2. The structure dominates the neighborhood by virtue of its mass, architecture or location;

7-505.A.3. The structure was an historically or architecturally important public building;

7-505.A.4. The structure has a unique historical significance beyond a local level;

7-505.A.5. The parcel was the site of an important historic event or activity; and

7-505.A.6. The structure has a “contributing or qualified contributing” rating on the THAS.

7-505.B. Significant Landmark Interior. In addition to the above criteria, the following criteria shall be considered by H.A.R.C and Town Council when designating a significant landmark interior. To be designated a significant landmark interior, the building or site shall have the following characteristics:

7-505.B.1. The structure has been previously designated as local landmark pursuant to this Division; and

7-505.B.2. The structure has, throughout a substantial portion of its existence, been available to use by the public.

Section 7-506 Zoning Incentives

7-506.A. Incentives Authorized. P&Z, based upon the recommendation of H.A.R.C., may consider zoning incentives for designated and identified local landmark buildings or for local historic sites that do not conform with existing zoning regulations. P&Z may grant such incentives as deemed necessary to assure the preservation of a local landmark.

7-506.B. Procedure. P&Z shall follow all of the procedures and requirements of Article 6, Division 1 of this Title, Uses Permitted On Review, when considering granting any such zoning incentives.

7-506.C. Standards. The Planning and Zoning Commission and Town Council may grant necessary zoning incentives upon a finding of one of the following:

7-506.C.1. That such use or feature as proposed will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity;

7-506.C.2. That such use or feature proposed will not adversely impact the Town of Telluride Master Plan;

7-506.C.3. That such use or feature proposed is conducive to the preservation of the historic or architectural characteristics of the building or site;

7-506.C.4. That such use or feature has a substantial public benefit; and

7-506.C.5. That such use or feature is necessary for the preservation and enhancement of the building in question.

Section 7-601 Duty to Maintain and Prevent Demolition by Neglect

An owner of a rated structure has the duty to maintain the structure in good condition and repair and to prevent the structure from becoming unsafe or dangerous, and to prevent its demolition by neglect.

Section 7-602 Substandard Conditions

Any building in which there exists 1) an unsafe or dangerous building as provided for Uniform Code for the Abatement of Dangerous Buildings or the Building Code, or 2) any of the following conditions to the degree that the preservation of the building or the safety of the public is substantially endangered is, for the purposes of this Division, a “substandard local landmark building”:

7-602.A. Structural Defects or Hazards. Structural defects or hazards, including but not limited to the following:

7-602.A.1. Footings or foundations which are weakened, deteriorated, insecure or inadequate or of insufficient size to carry imposed loads with safety;

7-602.A.2. Flooring or flooring supports which are defective, deteriorated or of insufficient size or strength to carry imposed loads with safety;

7-602.A.3. Members of walls, partitions or other vertical supports that split, lean, list, buckle or are of insufficient size or strength to carry imposed loads with safety;

7-602.A.4. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, buckle or are of insufficient size or strength to carry imposed loads with safety;

7-602.A.5. Fireplaces or chimneys which list, bulge, settle or are of insufficient size or strength to carry imposed loads with safety; or

7-602.A.6. Those buildings that have parts thereof that are so attached that they may fall and injure members of the public or property.

7-602.B. Defective Weather Protection. Defective or inadequate weather protection, including but not limited to the following:

7-602.B.1. Crumbling, broken, loose or falling interior wall or ceiling covering;

7-602.B.2. Broken or missing doors and windows;

7-602.B.3. Deteriorated, ineffective or lack of waterproofing of foundations or floors;

7-602.B.4. Deteriorated, ineffective or lack of exterior wall covering, including lack of paint or other approved protective coating;

7-602.B.5. Deteriorated, ineffective or lack of roof covering; or

7-602.B.6. Broken, split, decayed or buckled exterior wall or roof covering.

7-602.C. Fire Hazards. Defects increasing the hazards of fire or accident, including but not limited to the following:

7-602.C.1. Accumulation of rubbish and debris; or

7-602.C.2. Any condition which could cause a fire or explosion or provide a ready fuel to augment the spread or intensity of fire or explosion arising from any cause.

Section 7-603 Inspections And Initiations Of Proceedings

7-603.A. Inspection. The Planning Director and/or the Building Official shall inspect all local landmark buildings suspected to be substandard local landmark buildings upon the complaint of: 1) the Historic and Architectural Review Commission (“HARC”) or a member thereof, 2) a Town official or employee or 3) any other citizen of the Town. The Planning Director may also request that the local fire department inspect a local landmark building suspected of being a substandard local landmark buildings with respect to fire hazards described in Section 7-602.C.

7-603.B. Report. Whenever the Planning Director, the Building Official or the Fire Marshal has inspected or caused to be inspected a building, structure, premises, land or portion thereof, and has determined it to be a substandard local landmark building in violation of this Division, the Town may, at its discretion, commence enforcement of the requirements of this Division in accordance with the procedures set forth herein.

Section 7-604 Content of Correction Notice And Order

If the Planning Director determines to commence proceedings, the Planning Director shall issue a written notice and order directed to the owner of the building as shown upon the records of the County Clerk in the manner prescribed in Section 7-605, with a copy to the H.A.R.C. and Town Manager. The notice and order shall contain:

7-604.A. Description. The street address, when available, and a legal description of the real property and/or personal property involved;

7-604.B. Statement of Violation. A statement that the Town has found the building to be in violation of this Division, and a brief and concise description of the conditions found to be in violation;

7-604.C. Statement of Corrective Action. A statement of the corrective action required to be taken. If the Planning Director has determined that corrective work is required, the order shall require that all required permits be secured, any H.A.R.C. approval obtained and the work physically commenced and be completed within such time as the Planning Director shall determine is reasonable under the circumstances;

7-604.D. Statement of Penalty. A statement specifying the amount of any penalty that would be assessed based on the Town Municipal Code in light of the violation and, if applicable, the conditions on which assessment of such penalty is contingent;

7-604.E. Statement of Permit Procedures. A statement informing the recipient that the work for the corrective action must comply with required permit procedures for historic buildings as provided for in Article 7, including but not limited to the requirements for obtaining a certificate of appropriateness;

7-604.F. Advice of Abatement. A statement advising that if any required work is not commenced or completed within the time specified the Planning Director may proceed to abate the violation and charge the costs thereof as a lien against the property if not paid; and

7-604.G. Advice Order is Final. A statement advising that the order shall become final no later than fifteen (15) days after the notice and order are served, unless the owner requests in writing an appeal hearing before the H.AR.C.

Section 7-605 Informal Enforcement Procedure Required

Notwithstanding the foregoing, the Planning Director shall first contact and communicate with the owner by telephone or in person, and describe the substandard condition(s) of the Landmark Structure in light of the Town’s maintenance requirements, and provide the owner with an opportunity to take corrective action by a date certain. A follow-up letter will be sent to the owner that includes a statement of the violation(s), the corrective action needed, a statement of permit procedures, and a statement of advice on abatement. If the corrective work is not commenced and/or completed by the specified date, or if necessary permits or H.A.R.C. approvals are not obtained by a specified date, the Town shall commence the more formal proceedings outlined in Section 7-610, et seq.

Section 7-606 Service of Correction Notice And Order

Service of a notice and order as called for in Section 7-604 shall be made in a manner as provided for by law; provided, that when personal service is obtained upon it shall not be necessary to post a copy of the notice and order on the property.

Section 7-607 Appeal of Correction Notice And Order

7-607.A. Right to Appeal. A party aggrieved of an order of the Planning Director or its designated Town Employee shall have the right to appeal to the H.A.R.C. For purposes of this Division, “party aggrieved” means any owner, tenant or other person having a direct financial interest in the subject building.

7-607.B. Filing of Appeal. In order for an appeal to be perfected the following provisions must be followed:

7-607.B.1. The appeal must be filed with the Town Clerk not later than the fifteenth (15th) day following service upon the appellant of the notice and order of the Planning Director.

7-607.B.2. The appeal must be in writing and state clearly and concisely the specific exceptions and objections to the notice and order of the Planning Director.

7-607.C. Set Hearing Date. The H.A.R.C. shall set a date for hearing the appeal within the thirty (30) days and shall provide no less than ten (10) days written notice to the appellant and the Planning Director.

7-607.D. Hearing Rules. The appeal hearing shall be a new or de novo hearing. Substantial weight shall be given to the notice and order of the H.A.R.C. and the Planning Director. The burden of establishing the contrary shall be upon the appealing party.

7-607.E. Council Authority. The H.A.R.C. may affirm, modify, reverse or remand the notice and order of the Planning Director, or grant other appropriate relief.

7-607.F. Decision. Within ten (10) days after a hearing, a written decision containing findings of fact and conclusions shall be transmitted to the appellant and the Planning Director. The decision shall be mailed via certified mail to the appellant.

Section 7-608 Final Correction Notice And Order

7-608.A. Order Final. Any order duly authorized by the Planning Director and issued by the Town pursuant to the procedures contained in this Division shall become final fifteen (15) days after service of the notice and order, unless a written request for an appeal hearing is received by the Town Clerk within that fifteen (15) day period.

7-608.B. Order Final After Appeal. An order appealed under Section 7-607 shall become final upon the date the H.A.R.C.’s decision is mailed to the appellant.

7-608.C. Order Filing. All final orders shall be filed by the Planning Director with the Town Clerk.

Section 7-609 Supplemental Correction Notice And Order

The Planning Director may at any time add to, rescind in part, or otherwise modify a notice and order by issuing a supplemental notice and order. The supplemental notice and order shall be governed by the same procedures applicable to all notices and orders contained in this Division.

Section 7-610 Enforcement of Correction Notice And Order

7-610.A. Enforcement Authorized. If after any final order issued by the Planning Director the person to whom such order is directed fails, neglects or refuses to obey such order, the Planning Director may:

7-610.A.1. Institute an action in Municipal Court to enforce the provisions of this Division; and/or

7-610.A.2. Abate the violation using the procedures of this Division as outlined in Section 7-611, with the approval of the H.A.R.C.

7-610.B. Enforcement Stayed. Enforcement of any notice and order of the Planning Director issued pursuant to this Division shall be stayed during the pendency of any appeal under Section 7-607, except when the Planning Director determines that the violation will cause immediate and irreparable harm and so states in the notice and order issued.

7-610.C. Funds Unavailable. In the event that the Minimum Maintenance Historic Building Revolving Fund does not contain funds or the Planning Director and H.A.R.C. elect not to abate the violation through repair, alteration or improvement of the building in the manner specified in Section 7-611, the Planning Director shall file a statement with the Town Clerk stating that there is no money currently available to fund such abatement and that the action will be held in abeyance until such time as funding is available, or he will state why the H.A.R.C. elected not to abate the violation in the manner specified in Section 7-611.

Section 7-611 Abatement

7-611.A. Abatement Authorized. In addition to or as an alternative to any other judicial or administrative remedy provided in this Division or by law or other ordinance, the Planning Director may order conditions which constitute a violation of this Division to be abated. The Planning Director may order any owner of a building in violation of this Division to commence corrective work and to complete the work within such time as the Planning Director determines reasonable under the circumstances.

7-611.B. Repairs By Town Authorized. If the owner fails to comply with a final order, the Planning Director, by such means and with such assistance as may be available to him and with the H.A.R.C. approval, is authorized to cause such building to be repaired, altered or improved and the costs thereof shall be recovered by the Town in the manner provided by law.

7-611.C. Payment. The cost of such work shall be paid from amounts appropriated for abatement purposes. Unless the amount of the costs thereof are repaid within sixty (60) days of the completion of the work, they shall be assessed against the real property as to which such costs were incurred as follows.

7-611.C.1. Upon certification by the Planning Director to the Town Finance Director of the assessment amount being due and owing, the Town Finance Director shall certify the amount to the County Treasurer.

7-611.C.2. The County Treasurer shall enter the amount of such assessment upon the tax rolls against such real property for the current year to be collected at the same time and with interest at such rates and in such manner as provided for by law, as amended, for delinquent taxes. The assessment shall constitute a lien against the property of equal priority with State, County and Municipal taxes.

7-611.C.3. When collected, the payment shall be deposited in the general fund and credited to the Minimum Maintenance Historic Building Fund, as provided in Section 7-601.

Section 7-612 Maintenance Fund Established

There is created in the Town treasury a special fund designated the “Local Landmark Minimum Maintenance Revolving Fund,” from which fund shall be paid costs and expenses incurred by the Town in connection with a repair, alteration or preservation of any substandard local landmark building as defined by this Division and ordered repaired, altered or preserved by the H.A.R.C., and into which fund shall be deposited:

7-612.A. Reimbursements. Such sums as may be recovered by the Town as reimbursement for costs and expenses of repair, alteration or improvement of historic buildings and structures found to be substandard;

7-612.B. Appropriations. Such other sums as may by ordinance be appropriated to or designated as revenue of such fund;

7-612.C. Fines. All penalties collected under this Division; and

7-612.D. Contributions. Gifts, donations and other charitable contributions.

Section 7-613 Other Remedies

The remedies provided for in this Division to accomplish preservation of substandard local landmark structures are not exclusive and this Division shall not be construed to supersede or repeal by implication the remedies available for enforcement under any other ordinances of the Town or other remedies as may be provided for by law.

Section 7-701 Duty To Maintain and Prevent Demolition by Neglect

Section 7-702 Substandard Conditions

Any building that is classified as a “rated structure” by the Telluride Historic Architectural Survey (“T.H.A.S.”) in which there exists 1) an unsafe or dangerous building as provided for in the Uniform Code for the Abatement of Dangerous Buildings or the Building Code, or 2) any of the following conditions to the degree that the preservation of the building or the safety of the public is substantially endangered is, for the purposes of this Division, a “substandard rated structure”.

7-702.A. Structural Defects or Hazards. Structural defects or hazards, including but not limited to the following:

7-702.A.1. Footings or foundations which are weakened, deteriorated, insecure or inadequate or of insufficient size to carry imposed loads with safety;

7-702.A.2. Flooring or flooring supports which are defective, deteriorated or of insufficient size or strength to carry imposed loads with safety;

7-702.A.3. Members of walls, partitions or other vertical supports that split, lean, list, buckle or are of insufficient size or strength to carry imposed loads with safety;

7-702.A.4. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, buckle or are of insufficient size or strength to carry imposed loads with safety;

7-702.A.5. Fireplaces or chimneys which list, bulge, settle or are of insufficient size or strength to carry imposed loads with safety; or

7-702.A.6. Those buildings which have parts thereof which are so attached that they may fall and injure members of the public or property.

7-702.B. Defective Weather Protection. Defective or inadequate weather protection, including but not limited to the following:

7-702.B.1. Crumbling, broken, loose or falling interior wall or ceiling covering;

7-702.B.2. Broken or missing doors and windows;

7-702.B.3. Deteriorated, ineffective or lack of waterproofing of foundations or floors (Note, some rated structures do not historically have floors or waterproof foundations);

7-702.B.4. Deteriorated, ineffective or lack of exterior wall covering, including lack of paint or other approved protective coating;

7-702.B.5. Deteriorated, ineffective or lack of roof covering; or

7-702.B.6. Broken, split, decayed or buckled exterior wall or roof covering.

7-702.C. Fire Hazards. Defects increasing the hazards of fire or accident, including but not limited to the following:

7-702.C.1. Accumulation of rubbish and debris; or

7-702.C.2. Any condition which could cause a fire or explosion or provide a ready fuel to augment the spread or intensity of fire or explosion arising from any cause.

Section 7-703 Inspections And Initiations Of Proceedings

7-703.A. Inspection. The Planning Director and/or its designated Town employee or agent shall inspect all buildings suspected to be substandard rated structures upon the complaint of: 1) the Historic and Architectural Review Commission (“H.A.R.C.”) or a member thereof, 2) a Town official or employee or 3) any other citizen of the Town. The Planning Director may also request that the Building Official and/or the local fire department inspect a building suspected of being a substandard rated structure with respect to fire hazards described in Section 7-602.C.

7-703.B. Report. Whenever the Planning Director or its designated Town employee, the Building Official or the Fire Marshal has inspected or caused to be inspected a building, structure, premises, land or portion thereof, and has determined it to be a substandard rated structure in violation of this Division, the Town may, at its discretion, commence enforcement of the requirements of this Division in accordance with the procedures set forth herein.

Section 7-704 Content of Correction Notice And Order

If the Planning Director determines to commence proceedings, the Planning Director shall issue a written notice and order directed to the owner of the building as shown upon the records of the County Clerk in the manner prescribed in Section 7-705, with a copy to the Historic and Architectural Review Commission and the Town Manager. The notice and order shall contain:

7-704.A. Description. The street address, when available, and a legal description of the real property and/or personal property involved;

7-704.B. Statement of Violation. A statement that the Town has found the building to be in violation of this Division, and a brief and concise description of the conditions found to be in violation;

7-704.C. Statement of Corrective Action. A statement of the corrective action required to be taken. If the Planning Director has determined that corrective work is required, the order shall require that all required permits be secured, any H.A.R.C. approval obtained and the work physically commenced and be completed within such time as the Planning Director shall determine is reasonable under the circumstances;

7-704.D. Statement of Penalty. A statement specifying the amount of any penalty that would be assessed based on the Town Municipal Code in light of the violation and, if applicable, the conditions on which assessment of such penalty is contingent;

7-704.E. Statement of Permit Procedures. A statement informing the recipient that the work for the corrective action must comply with required permit procedures for historic buildings as provided for in Article 7, including but not limited to the requirement for obtaining a certificate of appropriateness;

7-704.F. Advice of Abatement. A statement advising that if any required work is not commenced or completed within the time specified, the Planning Director may proceed to abate the violation and charge the costs thereof as a lien against the property if not paid; and

7-704.G. Advice Order is Final. A statement advising that the order shall become final no later than fifteen (15) days after the notice and order are served, unless the owner requests in writing an appeal hearing before the H.A.R.C.

Section 7-705 Informal Enforcement Procedure Required

Notwithstanding the foregoing, the Planning Director shall first contact and communicate with the owner by telephone or in person, and describe the substandard condition(s) of the Landmark structure in light of the Town’s maintenance requirements, and provide the owner with an opportunity to take corrective action by a date-certain. A follow-up letter will be sent to the owner that includes a statement of the violation(s), the corrective action needed, a statement of permit procedures, and a statement of advice on abatement. If the corrective work is not commenced and/or completed by the specified date, or if necessary permits or H.A.R.C. approvals are not obtained by a specified date, the Town shall commence the more formal proceedings outlined in Section 7-710 et seq.

Section 7-706 Service of Correction Notice And Order

Service of a notice and order as called for in Section 7-704 shall be made in a manner as provided for by law; provided, that when personal service is obtained upon it shall not be necessary to post a copy of the notice and order on the property.

Section 7-707 Appeal of Correction Notice And Order

7-707.A. Right to Appeal. A party aggrieved of an order of the Planning Director or its designated Town employee shall have the right to appeal to the H.A.R.C. For purposes of this Division, “party aggrieved” means any owner, tenant or other person having a direct financial interest in the subject building.

7-707.B. Filing of Appeal. In order for an appeal to be perfected the following provisions must be followed:

7-707.B.1. The appeal must be filed with the Town Clerk no later than the fifteenth (15th) day following service upon the appellant of the notice and order of the Planning Director.

7-707.B.2. The appeal must be in writing and state clearly and concisely the specific exceptions and objections to the notice and order of the Planning Director.

7-707.C. Set Hearing Date. The H.A.R.C. shall set a date for hearing the appeal within the thirty (30) days and shall provide no less than ten (10) days written notice to the appellant and the Planning Director.

7-707.D. Hearing Rules. The appeal hearing shall be a new or de novo hearing. Substantial weight shall be given to the notice and order of the Planning Director. The burden of establishing the contrary shall be upon the appealing party.

7-707.E. H.A.R.C. Authority. The H.A.R.C. may affirm, modify, reverse or remand the notice and order of the Planning Director, or grant other appropriate relief.

7-707.F. Decision. Within ten (10) days after a hearing, a written decision containing findings of fact and conclusions shall be transmitted to the appellant and the Planning Director. The decision shall be mailed via certified mail to the appellant.

Section 7-708 Final Correction Notice And Order

7-708.A. Order Final. Any order duly authorized by the Planning Director and issued by the Town pursuant to the procedures contained in this Division shall become final fifteen (15) days after service of the notice and order, unless a written request for an appeal hearing is received by the Town Clerk within that fifteen (15) day period.

7-708.B. Order Final After Appeal. An order appealed under Section 7-707 shall become final upon the date the H.A.R.C.’s decision is mailed to the appellant.

7-708.C. Order Filing. All final orders shall be filed by the Planning Director with the Town Clerk.

Section 7-709 Supplemental Correction Notice And Order

Section 7-710 Enforcement of Correction Notice And Order

7-710.A. Enforcement Authorized. If after any final order issued by the Planning Director the person to whom such order is directed fails, neglects or refuses to obey such order, the Planning Director may:

7-710.A.1. Refer the final order to the Town Attorney to institute an action in Municipal Court to enforce the provisions of this Division; and/or

7-710.A.2. Abate the violation using the procedures of this Division as outlined in Section 7-611, with the approval of the H.A.R.C.

7-710.B. Enforcement Stayed. Enforcement of any notice and order of the Planning Director issued pursuant to this Division shall be stayed during the pendency of any appeal under Section 7-607, except when the Planning Director determines that the violation will cause immediate and irreparable harm and so states in the notice and order issued.

7-710.C. Funds Unavailable. In the event that the Minimum Maintenance Historic Building Revolving Fund does not contain funds or the Planning Director and the H.A.R.C. elect not to abate the violation through repair, alteration or improvement of the building in the manner specified in Section 7-611, the Planning Director shall file a statement with the Town Clerk stating that there is no money currently available to fund such abatement and that the action will be held in abeyance until such time as funding is available, or he will state why the H.A.R.C. elected not to abate the violation in the manner specified in Section 7-611.

Section 7-711 Abatement

7-711.A. Abatement Authorized. In addition to or as an alternative to any other judicial or administrative remedy provided in this Division or by law or other ordinance, the Planning Director may order conditions which constitute a violation of this Division to be abated. The Planning Director may order any owner of a building in violation of this Division to commence corrective work and to complete the work within such time as the Planning Director determines reasonable under the circumstances.

7-711.B. Repairs By Town Authorized. If the owner fails to comply with a final order, the Planning Director, by such means and with such assistance as may be available, and with H.A.R.C. approval, is authorized to cause such building to be repaired, altered or improved and the costs thereof shall be recovered by the Town in the manner provided by law.

7-711.C. Payment. The cost of such work shall be paid from amounts appropriated for abatement purposes. Unless the amount of the costs thereof are repaid within sixty (60) days of the completion of the work, they shall be assessed against the real property as to which such costs were incurred as follows.

7-711.C.1. Upon certification by the Planning Director to the Town Finance Director of the assessment amount being due and owing, the Town Finance Director shall certify the amount to the County Treasurer.

7-711.C.2. The County Treasurer shall enter the amount of such assessment upon the tax rolls against such real property for the current year to be collected at the same time and with interest at such rates and in such manner as provided for by law, as amended, for delinquent taxes. The assessment shall constitute a lien against the property of equal priority with State, County and Municipal taxes.

7-711.C.3. When collected, the payment shall be deposited in the general fund and credited to the Minimum Maintenance Historic Building Fund, as provided in Section 7-601.

Section 7-712 Preservation Of Rated Structures

7-712.A. Preservation Preferred. In any abatement action, the Planning Director shall strive to ensure the continued existence of any rated structure and prevent its unauthorized demolition. Demolition shall be considered the least acceptable option and may be approved only after consideration of all other available alternatives and remedies.

7-712.B. Correction. In issuing any notice and order to abate deficiencies in an unsafe or dangerous rated structure, the Planning Director shall order the correction or repair of any deficiencies and not the total demolition of the structure unless such correction or repair poses an unreasonable risk of physical injury to persons who may undertake the repair, or to the public health or safety.

Section 7-713 Waiver on the Full Application of the Building Code

An owner seeking to maintain an unoccupied rated structure until such is fully rehabilitated may do so without meeting all of the applicable requirements of the Building Code if all of the following conditions are met

7-713.A. Restrictive Covenant. The owner has executed a restrictive covenant that prohibits the structure from being occupied until it is brought into full compliance with the Building Code in accordance with the requirements of Article 7.

7-713.B. Compliance with H.A.R.C. Requirements. The Owner has obtained approval for any proposed alterations, additions, erections, demolitions or relocation in accordance with the provisions of Article 7.

7-713.C. Building and Planning Department Approval. The owner has submitted a narrative explaining the intended maintenance work prior to the commencement of such work, and any hand drawings that roughly illustrate the work that might be available, and the Planning Department has issues a letter of approval for such work in consultation with the Building Department.

Section 7-714 Maintenance Fund Established

There is hereby created a special fund designated the “Historic Structure Minimum Maintenance Revolving Fund” from which fund shall be paid any costs and expenses incurred by the Town in connection with a repair, alteration or preservation of any dangerous rated building as defined by this Division, and into which fund the following sums shall be deposited:

7-714.A. Reimbursements. Such sums as may be recovered by the Town as reimbursement for costs and expenses of repair, alteration or improvement of historic buildings and rated structures which are unsafe or dangerous;

7-714.B. Appropriations. Such other sums as may by ordinance be appropriated to or designated as revenue of such Fund;

7-714.C. Fines. All fines imposed and collected under this Division; and

7-714.D. Contributions. Gifts, donations and other charitable contributions.

Section 7-715 Other Remedies

The remedies provided for in this Division to accomplish preservation of unsafe or dangerous rated structures are not exclusive, and this Division shall not be construed to supersede or repeal by implication the remedies available for enforcement under any other laws or ordinances of the Town.