Section 8-407 Review Procedure
8-407.A. Publish Notice. Not later than ten (10) days after receipt of a completed application for a permit, the Permit Authority shall set and publish notice of a date, time and place for a hearing on the application. Such notice shall be published once in a newspaper of general circulation in the Town, at least fourteen (14) days before the date set for hearing and shall also be given to any owner of property within one hundred feet (100') of the subject property, exclusive of public rights of way and streams.
8-407.B. Notice to Telluride Fire Protection District. Notice of permit hearing for geologic hazards review shall also be sent to the Telluride Fire Protection District, along with complete submission materials. The Fire Protection District may comment on their ability to adequately provide fire protection and ambulance service to the proposed development. Comments may be submitted in person or in writing at the public hearing.
8-407.C. Public Hearing Exemption. When the applicant seeks permission to construct a one-family dwelling unit or an addition to an existing structure, the application may be exempted from the public notice and hearing requirement. Upon petition to the Permit Authority, an applicant who seeks to construct multiple units may request exemption from the public notice and hearing requirement upon submission of sufficient evidence that the specific area is safe from the defined hazard(s). The exemption is at the discretion of the Permit Authority.
8-407.D. Hearing Conduct Generally. The Permit Authority shall conduct the public hearing in such a manner to afford procedural due process to the applicant as well as to any person interested in the issuance of the permit.
8-407.E. Testimony. The Permit Authority shall hear testimony and receive evidence, including:
8-407.E.1. The recommendations of the Planning Director, the Building Official, and other municipal employees or consultants with expertise in the designated matter of local or state interest; and
8-407.E.2. Relevant testimony and documents presented.
8-407.F. Rules of Procedure. Although the Colorado Rules of Civil Procedure do not govern the conduct of the hearing, persons appearing at the hearing in person or by counsel shall be afforded the right of cross examination and reasonable opportunity to offer evidence in rebuttal. Any person engaging in cross-examination or offering evidence in rebuttal shall thereby become a party.
8-407.G. Recording and Transcription. Any person may, at his own expense, provide for the recording of the hearing and transcription; provided, however, that a copy of the recording or transcript thereof, if transcribed, shall be furnished free of charge to the Permit Authority and shall become part of the record.
8-407.H. Record. The Permit Authority shall collect and preserve the following record of the public hearing:
8-407.H.1. The permit application and notices of the hearing thereon;
8-407.H.2. Any written statements or documents presented in support of or in opposition to the permit application;
8-407.H.3. The names and addresses of all persons making oral or written statements, appearing as witnesses, or offering documentary evidence;
8-407.H.4. Any recording or transcript, if any, of the hearing as provided in Section 8-407.G.;
8-407.H.5. Written minutes of the Permit Authority relating to the public hearing;
8-407.H.6. The order of the Permit Authority granting, granting with conditions, or denying the permit application; and
8-407.H.7. A copy of the permit, if issued.
8-407.I. Denial Continuance. If the Permit Authority finds that there is not sufficient information concerning any material feature of a proposed development or activity, the Permit Authority may deny the application, or may continue the hearing until the additional information has been received.
8-407.J. Approval. The Permit Authority shall approve an application for a permit to engage in development in an area of local or state interest or for the conduct of an activity of local or state interest if the proposed development or activity complies with the provisions of the regulations governing such area or activity. If the proposed development does not comply with such regulations, the permit shall be denied.
8-407.K. Written Decision. The Permit Authority conducting a hearing pursuant to this Article shall record its findings and conclusions.
8-407.L. Decision Deadline. The Permit Authority shall reach a decision on a permit application within thirty (30) days after the completion of the permit hearing, or the permit shall be deemed approved.
8-407.M. Issuance.
8-407.M.1. The permit shall be issued on the form adopted by the Permit Authority.
8-407.M.2. The permit shall be valid for two (2) years after issuance.
8-407.M.3. Copies or notice of the permit shall be sent to the San Miguel County Planning Commission, and to any other person requesting a copy thereof on payment of the cost of reproduction.
8-407.M.4. A copy of the permit shall be certified by the Permit Authority to the County Clerk and Recorder for recording in the same manner as any other document relating to real property, and the certified copy of the permit shall be presented by the Permit Authority to the Clerk and Recorder for recording.