5-204 Provision of Public Notice | Telluride Land Use Code

Section 5-204 Provision of Public Notice

5-204.A. Notice Required. Prior to conducting a public hearing as called for under the provisions of this Title, public notice of the hearing shall be provided pursuant to the terms of this Section.

5-204.B. Manner of Notice. Public notice shall be based on the application type. Depending on the Level of Notice required, the manner of notice includes newspaper publication, mailing of notice, posting of a sign notice, or Town’s web site publication notice.

a. Publication of Public Notice shall be accomplished by the Planning Department by publishing a public notice to the newspaper of record. The public notice shall be published at least fifteen (15) days prior to the public hearing.

a. Mailing of notice shall be accomplished by the applicant, who shall obtain a copy of the form of written notice from the Planning Staff.

b. Notice shall be mailed to all property owners within one hundred fifty feet (150') of the subject property (excluding streets, rights-of-ways, river courses and similar features), including individual condominium unit owners (when applicable), by first (1st) class mail at least fifteen (15) days prior to the public hearing.

c. Notice shall be mailed to all owners of mineral estates of record in the San Miguel County Assessor records by certified mail return receipt requested at least thirty (30) days prior to the public hearing.

d. The list of property owners’ names and addresses shall be created by the applicant using the current list of landowners as maintained by the San Miguel County Assessor, available on the San Miguel County mapping website, or as compiled through a licensed title insurance company.

e. Mailed notice may also be effectuated by hand-delivery so long as such delivery is accomplished by leaving notice with an adult property owner, as may be required, at any given address no later than the deadlines for mailed notice described above.

5-204.B.3. Posting of a Sign Notice. Posting of a sign notice shall be accomplished by the applicant, who shall obtain the form of the notice from the Planning Department. The applicant shall post the sign notice in a conspicuous location on the subject property at least fifteen (15) days prior to the public hearing. The materials to which the sign notice is affixed shall be sturdy and waterproof or shall have a waterproof covering. Each sign notice shall contain a QR Code that scans to notice content in accordance with 5-204.D.

5-204.B.4. Town’s Web Site Publication Notice. Publication of notice shall be accomplished by the Planning Department by publishing a public notice to the Town’s Web Site. The public notice shall be published at least fifteen (15) days prior to the public hearing.

5-204.C. Levels of Notice. Notice procedures for each application type are subject to the following levels of notice.

5-204.C.a. Notice Level One (1)

Posting of a Sign Notice as per 5-204.B.3

Town’s Web Site Publication notice as per 5-204.B.4

5-204.C.b. Notice Level Two (2)

Newspaper Publication notice as per 5-204.B.1

Town’s Web Site Publication notice as per 5-204.B.4

5-204.C.c. Notice Level Three (3)

Mailing of Notice as per 5-204.B.2

Posting of a Sign Notice as per 5-204.B.3

Town’s Web Site Publication Notice as per 5-204.B.4

5-204.C.d. Notice Level Four (4)

Newspaper Publication Notice as per 5-204.B.1

Mailing of Notice as per 5-204.B.2

Posting of a Sign Notice as per 5-204.B.3

Town’s Web Site Publication Notice as per 5-204.B.4

5-204.D. Content of Notice. Each notice shall contain:

5-204.D.1. the name of the owner and the applicant;

5-204.D.2. the property’s legal description and, if available, street address;

5-204.D.3. the type of development approval(s) sought and a brief summary of the development proposal; and

5-204.D.4. the date, time and location of the hearing and name of the decision-making body conducting the hearing.

The notice shall also indicate that more complete information about the application is available at the Planning Department and shall provide a telephone number at the Town where inquiries may be answered.

5-204.E. Affidavit. The applicant shall, at least ten (10) days prior to a public hearing, submit for the public record an affidavit or other evidence certifying that public notice was provided in accordance with the requirements of this Section.

5-204.F. Adequacy of Notice. The applicant and the Planning Director shall make every reasonable effort to comply with the notice provisions set forth in this Section. notice shall be deemed adequate if, in accordance with Section 5-204.B., notice was mailed to all property owners as listed on the current San Miguel County Assessor’s list of landowners, and, with respect to the owners of mineral estates, to the owners shown in the records of the San Miguel County Clerk and Recorder’s Office, and if publication to the Town’s Web Site and sign posting has occurred. Notice shall not be considered insufficient because of unrecorded or subsequent transfers of title, or uncertainties concerning ownership not discernible from the tax rolls or, with respect to the owners of mineral estates, from the records of the Clerk and Recorder. Finally, notice shall also be considered sufficient if the sign for posting has been removed by natural occurrences (wind) or otherwise and has been replaced by the applicant.

Table 5-2. Land Use Application Classifications and Public Notice Requirements
HARC or HARC Chair Hearings
MINOR SCALE ACTIVITIES – All Minor Scale Activities that are not additions or new construction of 950 sq. ft. or more.	Notice Level One (1)
WORK SESSION (7-108.C)	Notice Level Three (3)
LARGE SCALE ACTIVITY – Preliminary Review (7-204 D.)
LARGE SCALE AND SMALL SCALE ACTIVITIES – Final Review (7-206.D.)
MINOR SCALE ACTIVITIES – Additions and new construction of 950 sq. ft. or more (7-211.D.)

P&Z or P&Z Chair Hearings
LUC AND ZONE DISTRICT MAP AMENDMENTS for recommendations to Town Council (6-502.D. and H)	Notice Level Two (2)
ANNEXATION – Final Review for Recommendation to Town Council (6-605.E.)	Notice Level Two (2)
WORK SESSION (5-201.C)	Notice Level Three (3)
USES PERMITTED ON REVIEW (6-102.D.)	Notice Level Four (4)
ACTIVITIES PERMITTED ON REVIEW (6-111.D)
VARIANCES (6-202.D.)
PUD – Conceptual (6-307.D.)
PUD – Preliminary (6-309.D.)
SUBDIVISION – Preliminary (6-404.F.)
SUBDIVISION – Minor (6-406.D.2)
ANNEXATION – Preliminary Review (6-603)
MHP LICENSING (6-705)

Town Council Hearings
TEMPORARY USES AND STRUCTURES (6-807)	Notice Level Three (3)