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Section 3-201 Hillside Transitional Zone District
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3-201.A. Purpose. The purpose of the Hillside Transitional Zone District (HT) is to allow hillside land located adjacent to established residential areas of Town to be used for residential purposes and accessory uses. Development in the HT Zone District is expected to be mostly in-fill of new residential units among existing units and renovation of existing units.

3-201.B. Uses Table. The uses permitted by right and the uses permitted on review in the Hillside Transitional Zone District are as follows:

Hillside Transitional Zone District Use Table

Uses Permitted By Right

Uses Permitted On Review

1. One-Family Dwelling Units

1. School, Church, Hospital or Public Building

2. Two-Family Dwelling Units

2. Recreation Facilities and Uses

3. Designated Employee Dwelling Units and Affordable Housing Units

3. Home Occupations

4. Accessory Buildings and Uses

4. Three-Family Dwelling Units

5. Parks and Open Space

6. Short-Term Rentals pursuant to Article 3, Division 6 (pursuant to and subject to Note 1 below)

7. Multi-family Dwelling Units pursuant to Section 3-201.C.1.c.

Note 1:Pursuant to and subject to all applicable terms and limitations imposed in the Telluride Municipal Code Chapter 6, Article 1 (Business Licenses).

Note 2:Lots in this zone district for all Uses Permitted by Right and Uses Permitted on Review are subject to the prohibition on certain lot line vacations contained in Section 6-408.W.

3-201.C. Dimensional Limitations. The following dimensional limitations apply to all uses permitted by right and uses permitted on review in the Hillside Transitional Zone District:

3-201.C.1. Minimum Lot Area and Maximum Density.

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

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

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

3-201.C.2. Minimum Lot Width. Twenty five feet (25').

3-201.C.3. Minimum Lot Frontage. Twenty five feet (25').

3-201.C.4. Minimum Front Yard. All buildings, fifteen feet (15'), unless modified by H.A.R.C.

3-201.C.5. Minimum Side Yard.

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

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

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

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

3-201.C.6. Minimum Rear Yard. All buildings, fifteen feet (15'), unless modified by H.A.R.C.

3-201.C.7. Minimum Yard Between Principal Building and Secondary or Accessory Buildings on Lot. Fifteen feet (15') unless modified by H.A.R.C., however, the setback shall not be less than six feet (6').

3-201.C.8. Minimum Floor Area. No limitation.

3-201.C.9. Maximum Floor Area.

a. Principal Building in the Hillside Transitional Zone District.

Lot Area in Square Feet

Maximum Gross Floor Area in Square Feet of Principal Building

If under Section C.1.c., then

Over

But Not Over

0

2,500

0.73 x lot area

0 s.f.

2,500

3,000

1,825 + 0.58 x lot area over 2,500 s.f

+100 s.f.

3,000

4,000

2,115 + 0.248 x lot area over 3,000 s.f.

+200 s.f.

4,000

5,000

2,364 + 0.248 x lot area over 4,000 s.f.

+300 s.f.

5,000

6,000

2,613 + 0.244 x lot area over 5,000 s.f.

+400 s.f.

6,000

8,596

2,858 + 0.44 x lot area over 6,000 s.f.

+400 s.f.

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

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

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

Lot Area in Square Feet

Maximum Gross Floor Area in Square Feet of Accessory or Secondary Building

Over

But Not Over

0

2,500

(0.73 x lot area) x .33

2,500

3,000

(1,825 + (0.58 x lot area over 2,500 s.f.)) x .33

3,000

4,000

(2,115 + (0.285 x lot area over 3,000 s.f.)) x .33

4,000

5,000

(2,400 + (0.35 x lot area over 4,000 s.f.)) x .33

5,000

6,000

(2,750 + (0.35 x lot area over 5,000 s.f.)) x .33

6,000

7,500

(3,100 + (0.60 x lot area over 6,000 s.f.)) x .33

3-201.C.10. Maximum Building Height.

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

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

3-201.C.11. Minimum Roof Pitch. For all buildings, one (1) unit of vertical rise to four (4) units of horizontal run unless modified or otherwise required by H.A.R.C.

3-201.C.12. Maximum Site Coverage.

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

When all required parking is enclosed

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

When all required parking is not enclosed

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

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

When all required parking is enclosed

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

When all required parking is not enclosed

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

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

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

(1) The site coverage increase area, for the purposes of this Section, means basement or cellar space having one hundred percent (100%) of its floor-to-ceiling height below the finished level of the adjoining ground (meaning entirely below grade). No portion of the building or structure’s site coverage increase area shall project above the finished grade except in the following instance: If the portion of building or structure associated with the site coverage increase area is located beneath ground floor porches or decks, then portions may project less than eighteen inches (18") above the finished grade so long as the H.A.R.C. finds the design treatment adequately screens the area between the porch or deck and the ground beneath the porch or deck. Detailed plans illustrating the treatment of the area beneath the porch or deck shall be submitted for H.A.R.C. review.

(2) The site coverage increase area, for the purposes of this Section, is measured where the exterior wall meets the foundation and includes those portions that project beyond the foundation wall of the above grade building and enclosed floor area.

(3) The site coverage increase area may not include elements visible from the exterior such as light wells, egress wells or egress stairs.

(4) The gross site coverage increase may not exceed ten percent (10%) of the lot area, up to a maximum of five hundred twenty-five (525) square feet.

(5) The site coverage increase may not be located less than three feet (3') from the property lines.

(6) Should the site coverage increase be applied to more than one (1) level below grade, where permitted, then it is counted separately for each level below grade regardless of floor height.

(7) The site coverage increase area shall not affect the Height of Building.

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

3-201.D. Additional Development Requirements. The following additional requirements shall apply to all development in the Hillside Transitional Zone District.

3-201.D.1. Grading Permit.

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

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

3-201.D.2. Access Roads.

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

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

(1) The proposed location of roads, the right of way width, roadbed width, grade and proposed surface treatment;

(2) If the proposed roads are not on existing street rights of way, a statement explaining if such roads will be private or offered to be dedicated to the Town;

(3) A report prepared by a registered civil engineer as to the adequacy of safeguards provided against the hazard of rocks dislodged during the roadbed grading operation.

3-201.D.3. Geologic and Flood Hazard Reports. Reports are required by a civil engineer and an engineering geologist, evaluating the degree of potential hazard that may be present and recommending action that would be practical in reducing the potential hazard(s) to an acceptable level. These reports must be prepared and submitted prior to issuance of a building permit. The potential hazards to be evaluated include, but are not limited to, rockfall, avalanche, flash flood, landslide and mud flows. Such reports and proposed corrective measures, at the option of the Town, may be reviewed for adequacy by the Colorado Geological Survey, or by a disinterested independent consultant that the Town may select.

3-201.E. Off Street Parking Requirements. The following number of off street parking spaces shall be provided for each use in the Hillside Transitional zone district:

Parking Requirements in the Hillside Transitional Zone District

Use Category

Required Parking

All Residential Units

1 space per dwelling unit

Home Occupations

Set by review of P&Z

Hospital or School

Set by review of P&Z

Church, Public Building

One space per 500 square feet of floor area

Public Swimming Pool (including deck area) or Stadium (bleacher area only)

One space per 500 square feet of floor area

(Ord. 1575 § 2, 2023; Ord. 1574 § 2, 2023; Ord. 1542 § 1 (Exh. A), 2021; Ord. 1501 §1 (Exh. A), 2020; Ord. 1456, 2017; Ord. 1441, 2016; Ord. 1423, 2015; Ord. 1342, 2010; Ord. 1145, 2001; Ord. 1106, 1998; Ord. 1011, 1994; Ord. 1007, 1994; Ord. 1005, 1994; Ord. 970, 1992; Ord. 948, 1991; Ord. 924, 1991; Ord. 910, 1990; Ord. 817, 1988)