This chapter shall be known and may be cited as the "Alamosa Unified Development Code," and may be referred to herein as "this Code" or "UDC."

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

General purposes. The purpose and intent of this Code is to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the City of Alamosa, Colorado, by using the city's home rule, constitutional, and statutory powers to:

(1)

Implement the city's adopted comprehensive plan and other adopted plans, which plans:

a.

Reflect the shared values of the city's inhabitants with respect to the character, form, and function of its future development; and

b.

Promote planned, logical, fiscally and environmentally responsible, and orderly development and redevelopment within the city and other areas that may be subject to the city's regulatory authority;

(2)

Establish zoning districts and development standards that promote the use and development of property and balance the objectives of:

a.

Reducing barriers to entry or expansion of businesses in targeted areas by reducing the cost of obtaining development approval and complying with applicable development and design regulations;

b.

Supporting the stability and improvement of established residential, business, and industrial areas of the city by protecting or improving their physical and functional integrity and character;

c.

Conserving and enhancing economic, social, cultural, recreational, and aesthetic property values; and

d.

Ensuring adequate light and air and maintaining appropriate open spaces.

(3)

Provide for a variety of housing opportunities for a diverse population;

(4)

Diversify and improve transportation options by enhancing multimodal transportation choices, maintaining a balance of land uses, allowing for horizontally and vertically mixed uses in appropriate locations, and other appropriate measures;

(5)

Protect and enhance the city's tax base by enhancing opportunities for commerce, and by increasing property values through business creation and expansion, quality building improvements, infill development, and redevelopment;

(6)

Provide for sufficient, efficient, fiscally sustainable, and cost-effective transportation, water, sanitary sewer, school, park, stormwater conveyance and treatment, and other public and private facilities and services;

(7)

Promote public safety by securing safety from fire, flood, and other dangers through appropriate site design and adequate infrastructure and emergency services, in coordination with independent providers of public services (e.g., schools and recreation);

(8)

Promote appropriate stewardship of natural resources, including water resources;

(9)

Provide for efficient and fair development approval procedures that respect private property rights and promote appropriate development; and

(10)

Promote the efficient and responsible use of public and private resources towards the accomplishment of the purposes set out herein.

(b)

Purposes of regulation of sexually-oriented businesses.

(1)

The purpose of the regulations in this UDC that apply specifically to sexually-oriented businesses is to set reasonable and uniform regulations to prevent the deleterious location and siting of such businesses, and to ensure that site and building design techniques are used to minimize secondary effects, for example, by limiting views into areas of a building in which the business is operated.

(2)

The regulations have neither the purpose nor the effect of imposing an unconstitutional limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of the regulations to restrict or deny access by adults to those sexually-oriented materials that are protected by the First Amendment.

(3)

This Code shall not be interpreted to condone or legitimize the distribution of obscene material or other comparable material that is not protected by the First Amendment.

(c)

Purposes of regulation of signs. The purpose of the provisions in this UDC related to signs is to set out reasonable regulations for the design, location, installation, operation, repair, maintenance, and removal of signs in a manner that advances the city's legitimate, important, substantial, and compelling interests, while simultaneously safeguarding the constitutionally protected right of free speech.

(d)

Other specific purposes. Other specific purposes of the various provisions of this Code may be expressed therein. Additional city council findings are set out in article IX.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. The provisions of this Code are authorized as provided in this section. The city may be authorized or required to act in additional areas from time to time. This section is not intended, in any way, to limit the city's ability to accept such additional authorizations or requirements.

(b)

City Charter. Primary authority for all provisions herein that affect the area within the corporate boundaries of the City of Alamosa and are neither matters of statewide concern nor preempted by federal law is created by Article I, Section 2 (Powers, Rights and Liabilities), Article XIV, Section 4 (Zoning), and Article XV, Section 2 (Functions and Duties [of the Department of Public Works]) of the Home Rule Charter of the City of Alamosa, Colorado. This authority is granted by Article XX, Section 6 (Home Rule for Cities and Towns), Colorado Constitution.

(c)

Colorado Revised Statutes. Supplemental authority for the provisions of this Code is provided by the Colorado Revised Statutes, if they are not inconsistent with the provisions herein, or if they are preemptive of charter ordinances. The following provisions of the Colorado Revised Statutes may be used as authority for certain provisions of this Code:

(1)

Regulate zoning, planning, subdivision, and development of land and building by C.R.S. Title 31, Article 23;

(2)

Designate and administer areas and activities of state interest by C.R.S. §§ 24-65.1-101 to 108, 201 to 204, 301, 401 to 407, 501 to 502 and 34-1-301 et seq., as amended;

(3)

Regulate planned unit development by C.R.S. § 24-67-101 et seq.;

(4)

Regulate certain activities on, and uses of land by C.R.S. § 29-20-101 et seq., as amended;

(5)

Regulate to avoid various types of pollution by virtue of C.R.S. § 25-7-112 (water pollution, radiation, noise);

(6)

Regulate annexation of land by C.R.S. § 31-12-101 et seq., as amended;

(7)

Regulate medical marijuana uses by C.R.S. Title 12, Article 43.3;

(8)

Regulate recreation marijuana uses by C.R.S. Title 12, Article 43.4;

(9)

Recognize the vesting of property rights for site-specific development orders according to C.R.S. § 24-68-101, et. seq.; and

(10)

Regulate surveying practices according to C.R.S. § 38-51-101, et seq.

(d)

United States Code. Some of the regulations in this Code are authorized or required by federal law, which may include programs that are delegated to the State of Colorado for administration. Such regulations may include, but shall not be limited to:

(1)

Flood damage prevention, pursuant to 42 U.S.C. § 4022; and

(2)

Local implementation of the National Pollutant Discharge Elimination System ("NPDES"), pursuant to 33 U.S.C. § 1342.

(e)

Additional authority; limitations. Should further authorizing legislation exist or be enacted, this Code is additionally deemed to be enacted or effective pursuant thereto, except:

(1)

This Code shall supersede inconsistent legislation if the city's home rule authority so allows; and

(2)

This Code shall be superseded by such legislation only to the extent of any irreconcilable conflict if the city's home rule authority does not subordinate such legislation.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Inherent risks. Marijuana, medical and otherwise, is a controlled substance under federal law. Therefore, applicants, investors, employees, and others associated with the marijuana uses know or should know that, among other things:

(1)

If the U.S. DOJ chooses a different allocation of its investigative and prosecutorial resources (towards "greater enforcement"):

a.

The federal government may be more likely to prosecute those individuals who are found in violation of the Controlled Substances Act and any other applicable federal criminal laws; and

b.

Owners of marijuana uses and other persons who cultivate, store, or possess marijuana may be subject to penalties under federal law, including incarceration, fines, and forfeitures, including forfeiture of the building in which the use is located and the contents thereof.

(2)

Insurance companies could deny coverage, including (among other things) coverage for casualty losses or personal injuries, based on violations of the Controlled Substances Act.

(3)

Lenders could, at any time, determine that the use is unlawful and exercise any rights they may have under the terms of the loan, which in some cases may include a demand for immediate repayment of the entire loan balance.

(b)

No right to continued use; no vested rights; no compensable rights.

(1)

Based on the current U.S. DOJ policy and the state of Colorado law, this Code allows certain marijuana uses according to the regulatory program created by Colorado law. However, for so long as marijuana (medical and otherwise) remains a controlled substance under federal law, no approval pursuant to this Code shall be construed to create any enforceable or compensable property right to the establishment or continuation of a marijuana use under any circumstances.

(2)

No approval by the city shall be construed to introduce liability to the city for any consequential harms to the applicant or those associated with a proposed marijuana use, including but not limited to business owners, investors, employees, land owners, insurance companies, lenders, caregivers, patients, or customers.

(c)

Certain marijuana land uses prohibited. The City of Alamosa has exercised its right pursuant to Article XVIII, Section 16(5)(f) of the Colorado Constitution and prohibits the operation of certain marijuana uses as provided in article X and article XI of the Alamosa Code of Ordinances.

(Ord. No. 33-2017, § 1, 12-6-17)

This Code shall not be construed to hold the City or its authorized representatives responsible for any damage to persons or property by reason of approvals, permitting, inspection, or re-inspection authorized herein.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. No land shall be developed except in accordance with the applicable provisions of this Code. All of the following are considered "development" that is subject to the applicable requirements of this Code (including provisions related to nonconformities):

(1)

The use of any building, structure, or land (including new uses, changes in use, expansions of existing uses, and material changes to the operational characteristics of existing uses).

(2)

Construction, material alteration, repair, relocation, or demolition of infrastructure, structures (including but not limited to fences, retaining walls, signs, and towers), or buildings.

(3)

Land clearing in anticipation of the construction of infrastructure, structures, or buildings for non-agricultural purposes.

(4)

Any other disturbance of land, soil, vegetation, or waterways, including excavation, fill, or other alteration of land for construction or other purposes, but not including routine landscape maintenance or ditch maintenance.

(5)

Any division of a lot or parcel of land for land development, for sale, or for lease, whether by metes and bounds, subdivision, or other technique.

(b)

Applicability to publicly owned property. The provisions of this Code are applicable not only to private persons, agencies, corporations and organizations, but also to all public agencies, and organizations to the full extent that they may be enforceable under the United States Constitution and the Constitution and Statutes of the State of Colorado.

(c)

Relationship to covenants, conditions, and restrictions. This Code does not abrogate private restrictions that affect the use, development, or maintenance of property. The city has no duty to search for the existence of private restrictions on property, and the city will not interpret, enforce, or apply private restrictions unless it is a party to them.

(d)

Relationship to referral agencies. Certain applications may be referred to affected agencies or entities for review and comment. It is the applicant's responsibility to comply with all applicable rules and regulations. The city may withhold hearing or approval of an application until issues between the applicant and a referral agency or entity are resolved if the city determines that the issue affects public health or safety, or the referral agency's function or property rights.

(Ord. No. 33-2017, § 1, 12-6-17)

This Code shall apply within the corporate boundaries of the City of Alamosa, Colorado, as may be amended from time to time, and, limited only to control with reference to a major street plan and not otherwise, shall also include all land lying within three (3) miles of the corporate boundaries of the city and not located within any other municipality, except that in the case of any of such non-municipal land lying within five (5) miles of the city and another municipality, the jurisdiction of the city shall terminate at a boundary line equidistant from the respective corporate limits of the city. This Code may also apply according to the terms of one (1) or more applicable intergovernmental agreements.

(Ord. No. 33-2017, § 1, 12-6-17)

The provisions of this Code may be regarded as the minimum requirements for the promotion of public health, safety, comfort, convenience, prosperity, and general welfare. This Code shall be interpreted to implement its stated purposes, and in such interpretations, the specific shall control the general.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Pending applications.

(1)

Generally. An application for approval of a site specific development plan, as well as the approval, conditional approval, or denial of approval of such plan, shall be governed only by the duly adopted laws and regulations in effect at the time the complete application is submitted. See C.R.S. § 24-68-102.5, Applications - Approval by Local Government.

(2)

Exception. The city may adopt a new or amended ordinance or regulation, when necessary, for the immediate preservation of public health and safety, and may enforce such ordinance or regulation in relation to applications pending at the time such ordinance or regulation is adopted. See C.R.S. § 24-68-102.5, Applications - Approval by Local Government.

(b)

Generally. Development that was approved before the effective date may be carried out within the scope of the development approval or permit, provided that the approval is valid and has not lapsed. Where development approvals or other approvals authorize the issuance of a permit, the permit must be requested within the period that the approval is valid. Work that is authorized by permits must be commenced during the period in which the permit is valid, and then diligently pursued to completion.

(c)

Term of approvals and permits that pre-date the effective date.

(1)

Development approvals and permits that are valid on the effective date are valid until the earlier of:

a.

Their stated expiration date (or vested rights period), which may be on the face of the permit or development approval, or within related documents such as development agreements or regulations in force on the date of the approval; or

b.

Two (2) years from the effective date.

(2)

The following approvals are not terminated by this subsection:

a.

Rezonings, except rezonings to zones that are not set out in this UDC;

b.

Vacations or abandonments of easements or rights-of-way;

c.

Comprehensive plan amendments; and

d.

Recorded final plats.

(Ord. No. 33-2017, § 1, 12-6-17)