The zones that are established by this article are intended to:

(1)

Encourage new development, reinvestment, and redevelopment that are consistent with the city's comprehensive plan;

(2)

Promote a range of economic opportunities that diversify the city's economy and provide opportunities for its residents;

(3)

Respect and reinforce the fabric of the city's neighborhoods;

(4)

Promote development that has character, scale, and quality that are compatible with the surrounding context;

(5)

Provide opportunities for commercial and mixed-use development to serve city and regional residents;

(6)

Provide opportunities for development of additional land uses that create primary employment; and

(7)

Respond to constraints that are inherent in the landscape.

(Ord. No. 33-2017, § 1, 12-6-17)

In order to implement the purposes and provisions of this chapter, the city hereby establishes the zones that are set out in Table 21-2-102, Zones. The acronym used to refer to the zone, as well as the general purposes of each zone, are also set out in the Table.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. The locations of the various zones are depicted on the map entitled "Official Zoning Map of the City of Alamosa" (referred to hereinafter as "zoning map"). The zoning map is incorporated into and made part of this UDC.

(b)

Maintenance of zoning map. The zoning map is maintained by the administrator. The administrator shall promptly update the zoning map after a rezoning ordinance is adopted.

(c)

Status of zoning map. The zoning map that is on file with the administrator shall control in the event of a conflict between said map and any other reproduction of the zoning map, including but not limited to, maps that are made available electronically.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. The precise location of any zone boundary line shown on the zoning map shall be identified using the rules set out in this section. It is the intent of the city council that all land within the City of Alamosa be located within a zone. In the event that land within the city exists for which no zone can be identified (even after the application of the standards in this section), no permits for development or use of said land shall be issued until the city council adopts an initial zoning ordinance for the land. Such action shall be taken at the city council's first available regular meeting after the city discovers that the land is not zoned.

(b)

Conflicts between zoning map and adopted rezoning ordinance, after effective date of UDC. Conflicts between the zone boundaries on the zoning map and the zoning for land that is set out in an adopted rezoning ordinance dated after the effective date of this UDC could result from administrative or scrivener's errors. In the event of such conflict:

(1)

It is presumed that the adopted rezoning ordinance controls, and the zoning map shall be promptly corrected when the conflict is identified. In such a case, the administrator shall provide written notice of the correction to the owners of property that is the subject of a zoning map correction.

(2)

The presumption may be rebutted if it is obvious that the error is within the text of the rezoning ordinance, in that:

a.

The rezoning affects property that was not the subject of the application for rezoning; or

b.

The rezoning affects only a portion of the property that was the subject of the application, the application requested rezoning for the entire property, and the application was granted without conditions that restricted the extent of the rezoning; or

c.

The legal description of the land in the rezoning ordinance does not close, but the description of the land that was intended to be the subject of the rezoning ordinance is otherwise obvious.

(c)

Conflict between zoning map and adopted rezoning ordinance, before effective date of UDC. Any conflict between the boundaries on the zoning map and a rezoning ordinance that was adopted before the effective date of this UDC shall be resolved as follows:

(1)

If the zoning map conflicts with a rezoning ordinance adopted before the effective date, the zoning map boundaries control. However, if the rezoning ordinance was tied to a site specific development plan, then the zoning map designation shall not interfere with any vested rights created by the site specific development plan.

(2)

If the zoning map conflicts with an active planned unit development ("PUD") ordinance that was adopted before the effective date, the PUD ordinance controls, unless there is record evidence to show that the zoning map was intended to adjust the boundaries of the PUD.

(3)

If the zoning map conflicts with an inactive PUD ordinance, or with the boundary of a completed PUD, then the zoning map controls.

(4)

If the zoning map conflicts with a development or annexation agreement, then the conflict shall be resolved according to the terms of the agreement.

(d)

Identifiable features. In the absence of a rezoning ordinance that specifies parcel boundaries, where zoning district boundary lines appear to follow identifiable features, their location shall be determined by applying the rules of this subsection in order from (1) to (5):

(1)

Rights-of-way. Boundary lines shown as following, or approximately following, streets, alleys, railroad tracks, or utility lines shall be construed as following the centerline of the right-of-way. Where the location of the actual streets or alleys differs from the location of corresponding streets or alleys on the zoning map, the location of the actual streets or alleys controls.

(2)

Property lines. Boundary lines shown as following, or approximately following, lot lines or other property lines shown on the zoning map shall be construed as following such lines.

(3)

Toe or top of slope. Boundary lines shown as following, or approximately following, the toe or the top of a steep slope, shall be construed as following the contour line of the toe or top of slope.

(4)

Watercourses. Boundaries shown as following, or approximately following, the centerline of streams or other watercourses shall be construed as following the channel centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline. However, such movement shall not render existing development nonconforming.

(5)

Parallel to features. Boundaries shown as separated from and parallel, or approximately parallel, to any of the features listed in subsections (d)(1) through (d)(4), above, shall be construed to be parallel to such features and at such distances as are shown by the scale on the zoning map.

(e)

Un-subdivided land or no identifiable feature. In the absence of a rezoning ordinance that specifies parcel boundaries, on un-subdivided land, or where a district boundary follows no identifiable feature, the location of district boundaries shall be determined by applying the following rules in sequential order, until the boundaries are known:

(1)

Text dimensions. The boundary shall be located by reference to dimensions shown in text on the zoning map, if any.

(2)

Map scale. The boundary shall be located using the map scale appearing on the zoning map.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. Zoning of annexed land or land in the process of annexation is an "initial zoning."

(b)

Timing of adoption of zoning ordinance. An ordinance annexing a subject property into the city may provide for the zoning of the subject property. If the zoning ordinance is considered separately, it shall not be finally adopted by the city council before final adoption of the annexation ordinance. The zoning ordinance may be processed concurrently and heard at the same hearing as the annexation ordinance for the subject property.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally.

(1)

The city council may approve an application for rezoning if it finds that:

a.

The policy set out in subsection (b), below, is implemented;

b.

The standards set out in subsection (c), below, are met; and

c.

One (1) or more of the alternatives set out in subsection (d), below are met.

(2)

If the proposed rezoning is to a CA Zone, the subject property shall be at least twenty (20) acres in area and under single ownership or control.

(b)

Historic resource protection and hazard mitigation.

(1)

It is the policy of the city not to rezone land in a manner that would tend to create or facilitate the creation of development rights or entitlements that would either:

a.

Reduce the level of protection for significant historical resources that exist on the subject property; or

b.

Expose additional people or personal property to unmitigated natural or man-made hazards that are present on the subject property.

(2)

This policy may be waived upon a finding by the city council that:

a.

Alternative means have been implemented (or will be implemented as a condition of development approval) to achieve a comparable or better level of historic resource protection or hazard mitigation; or

b.

The policy is outweighed by a substantial community interest that is served by approval of the rezoning.

(c)

Compatibility and public benefits. All applications for rezoning shall meet all of the following standards:

(1)

The proposed zone is in conformance with the comprehensive plan's future land use map;

(2)

The proposed zone will provide a benefit (or degree of benefit) to the community or immediate area that cannot be provided in the existing zone, and which is sufficient to offset potential adverse impacts of the proposed zone, if any;

(3)

Public facilities are addressed in at least one (1) of the following ways:

a.

Adequate public facilities are available to serve development in the proposed zone; or

b.

The proposed zone would limit demands upon public facilities more than the existing zone; or

c.

Reasonable assurances are provided that adequate facilities will be made available to serve new development by the time the new development places demands on the facilities.

(d)

Alternative standards. All applications for rezoning shall meet at least one (1) of the following four (4) alternative standards:

(1)

Alternative #1. The proposed zone is more appropriate than the existing zone to implement the most recent adopted city plan that:

a.

Was developed with public input (e.g., the comprehensive plan or a special area, corridor, redevelopment, or strategic plan); and

b.

Includes the subject property.

(2)

Alternative #2. The proposed zone is more appropriate than the existing zone because:

a.

There has been a change in character or capacity of public infrastructure in the area (e.g., installation of public facilities, other zone changes, new growth trends, deterioration, development transitions, etc.); and

b.

The proposed zone allows for the reasonable development or redevelopment of the subject property in a manner that will be compatible with its existing or planned context.

(3)

Alternative #3. The proposed zone is more appropriate than the existing zone because:

a.

There is greater need in the city for land in the proposed zone than the existing zone; and

b.

The proposed zone will promote a balance of land uses in the city that will improve economic opportunity for city residents.

(4)

Alternative #4. The proposed zone is more appropriate than the existing zone because:

a.

The existing zoning for the property was erroneously assigned; or

b.

Development has not proceeded in reliance on the erroneous zone.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. The tables set out in this division ("Land Use Tables") describe which land uses are allowed administratively ("Permitted Uses"), allowed administratively if certain conditions are met ("Limited Uses"), allowed after public hearing if certain conditions are met ("Conditional Uses"), and not allowed ("Prohibited Uses") in each zone.

(b)

Legend. The following symbols are used in the land use tables:

(1)

"P" means "permitted use." Permitted uses are subject to administrative review for compliance with the general requirements of this UDC.

(2)

"L" means "limited use." Limited uses are subject to administrative review for compliance with specific standards that pertain to the use, and for compliance with general standards for all limited uses, and the general requirements of this UDC.

(3)

"C" means "conditional use." Conditional uses are subject to public hearing review for compliance with specific standards that pertain to the use, general standards for all conditional uses, and the general requirements of this UDC.

(4)

"-" means "prohibited use." Prohibited uses are not allowed in the specified zone.

(c)

Multiple uses. Proposed uses that combine more than one (1) listed use, except those that qualify as "mixed-use," shall meet the substantive and procedural requirements for each applicable listed use.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. The residential and special residential land uses are set out in Table 21-2-202(a), Residential and Special Residential Land Uses.

(b)

Residential and special residential use—Specific standards.

(1)

Single-family detached.

a.

Single-family detached dwelling units are allowed in the CA Zone if:

1.

They provide lodging principally for employees of the other uses on the campus; or

2.

They exist on the effective date of this UDC.

b.

Street accessed town lots are allowed in the EN Zone if alley access is not available or otherwise not reasonable as determined by the administrator.

(2)

Townhouses or rowhouses. Townhouses or rowhouses may be allowed as a conditional use in the CBD Zone if the subject property fronts Fourth Street.

(3)

Multiplex or multifamily. Multifamily dwelling units are allowed if:

a.

In the EN Zone:

1.

No newly-constructed building contains more than eight (8) dwelling units and the applicable standards of section 21-4-205, Multiplex and multifamily lot and building standards, are met; or

2.

The multiplex or multifamily use existed as of January 1, 2018; or,

3.

The multiplex or multifamily use is an adaptive reuse of a building in existence on January 1, 2018, and the applicable standards of section 21-4-205, Multiplex and multifamily lot and building standards, are met.

b.

In the RM Zone, no individual multiplex or multifamily building contains more than four (4) dwelling units on the ground floor.

c.

In the CB Zone, the units are located in vertically mixed-use buildings.

d.

In the CBD Zone:

1.

The dwelling units are located above the ground floor; or

2.

The dwelling units do not have frontage on Main Street.

e.

In the CA Zone, the units provide housing principally for students, employees, or contractors of the other uses on the campus.

(4)

Manufactured homes. Manufactured homes are allowed if:

a.

In the EN Zone, the manufactured home was already installed upon the subject property on the effective date of this UDC.

b.

In the RM Zone or RH Zone, the manufactured home is installed within a manufactured home park or manufactured home subdivision.

c.

In the CA zone if the manufactured home is used for a use otherwise allowed, and consistent with any restrictions on such use.

(5)

Cottage clusters or co-housing clusters. Cottage clusters or co-housing clusters are allowed if:

a.

In the EN, RH, or RM Zones, cottage clusters or co-housing clusters contain not more than eight (8) dwelling units and are separated from each other within the same zone by not less than one hundred (100) feet, measured from property boundary line to property boundary line.

b.

In the RE, RL, or MU Zones, cottage clusters or co-housing clusters contain no more than twelve (12) dwelling units and are separated from each other within the same zone by not less than five hundred (500) feet, measured from property boundary line to property boundary line.

(6)

Live-Work. Live-work units are allowed if:

a.

In the EN and RM Zones:

1.

The workspace is principally used by one or more of the residents of the dwelling unit; and

2.

The floor area of the workspace is less than or equal to that of the residential use.

b.

In the RH Zone:

1.

The workspace is principally used by one or more of the residents of the dwelling unit;

2.

The floor area of the workspace is less than or equal to that of the residential use; and

3.

The unit is not located within a manufactured home park or manufactured home subdivision.

c.

In the CB Zone:

1.

The workspace is principally used by one or more of the residents of the dwelling unit; and

2.

The floor area of the residential use is less than or equal to that of the workspace.

(7)

Assisted living or congregate care. Assisted living or congregate care is allowed in the CA Zone if it is related to the purpose of the campus (e.g., assisted living or congregate care is allowed on a healthcare or hospital campus as part of the healthcare mission, or on a college or university campus if it is related to an educational program of the college or university).

(8)

Boarding or Rooming House. Boarding and rooming houses are allowed if:

a.

In the RH Zone, the subject property:

i.

Is located at a zone boundary with a nonresidential Zone;

ii.

Takes access from the street that forms the boundary; and

iii.

Is separated from other boarding or rooming houses by not less than six hundred (600) feet.

b.

In the MU Zone, the subject property is separated from other boarding or rooming houses by not less than six hundred (600) feet.

c.

In the CA Zone as a limited use, if they principally provide lodging for students, employees, contractors, or guests of the other uses on the campus.

(9)

Convalescent center, Alzheimer's care, memory care, or nursing home. Convalescent center, Alzheimer's care, memory care, or nursing home uses are allowed if:

a.

In the RM Zone, the subject property is located at a zone boundary with an RH Zone or nonresidential Zone, or fronts on and takes access from an arterial or collector street.

b.

In the CA Zone, the use is related to the purpose of the campus.

(10)

Group home. Group homes are allowed if:

a.

In the EN, RE, RL, RM, RH, MU, and A Zones, they are spaced from other group homes on the same street (for corner lots, both intersecting streets) by not less than one hundred fifty (150) feet.

b.

In the CA Zone:

1.

The use is related to the purpose of the campus; and

2.

They are spaced from other group homes on the same street (for corner lots, both intersecting streets) by not less than one hundred fifty (150) feet.

(11)

Sheltered care facility. Sheltered care facilities may be allowed if:

a.

In the RH Zone, the subject property:

1.

Is located at a zone boundary with a nonresidential Zone;

2.

Takes access from the street that forms the boundary; and

3.

Is separated from other sheltered care facilities by not less than six hundred (600) feet.

b.

In the MU Zone, the subject property is separated from other sheltered care facilities by not less than six hundred (600) feet.

c.

In the CA Zone, the use is related to the purpose of the campus.

d.

In the A Zone:

1.

The subject property is at least ten (10) acres in area; and

2.

Agriculture or outdoor recreation is a material part of the treatment program.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 32-2018, § 1, 12-5-18; Ord. No. 5-2020, §§ 2, 3, 3-4-20; Ord. No. 12-2021, § 3, 8-18-21; Ord. No. 26-2021, §§ 5—7, 12-15-21; Ord. No. 15-2022, §§ 15, 16, 7-20-22; Ord. No. 15-2023, § 1, 8-16-23)

(a)

Generally. The civic, education, and health care land uses are set out in Table 21-2-203(a), Civic, Education, and Health Care Land Uses.

(b)

Civic, education, and health care use—Specific standards.

(1)

Place of assembly. Places of assembly are allowed if:

a.

In the EN and RL Zones:

1.

A place of assembly exists on the effective date of this UDC; or

2.

The subject property is at least one-half (½) acre in area and located on a street corner.

b.

In the CBD Zone, the use is located above the ground floor.

(2)

Protective care. Protective care is allowed:

a.

In the I Zone if:

1.

The use is not a correctional facility or a juvenile detention facility (but may be a short-term detention facility for arrestees who are awaiting trial);

2.

The building coverage ratio of the subject property does not exceed ten (10) percent;

3.

The subject property is not less than five (5) acres in area;

4.

Principal buildings are set back from property lines not less than fifty (50) feet;

5.

The subject property is at least one thousand (1,000) feet from public parks or schools; and

6.

Unless the use is surrounded by a security fence, the use is surrounded by a Class D bufferyard.

b.

In the A Zone if:

1.

The building coverage ratio of the subject property does not exceed ten (10) percent;

2.

The subject property is not less than twenty (20) acres in area;

3.

Principal buildings are set back from property lines not less than one hundred twenty-five (125) feet;

4.

The subject property is at least one thousand (1,000) feet from public parks or schools; and

5.

Unless the use is surrounded by a security fence, the use is surrounded by a Class D bufferyard.

(3)

Child care center, small. Small child care centers are allowed if:

a.

In the EN, RE, RL, RM, or RH Zones,

1.

The use is provided at an existing school or place of public assembly; or

2.

The subject property is not located adjacent to another child care center unless adequate on-site parking is provided.

b.

In the I Zone:

1.

The use is provided at an existing school or place of public assembly; or

2.

The use is provided for employees of an industrial use that is located on the same property or on adjoining property.

(4)

Child care center, large. Large child care centers are allowed if:

a.

In the EN, RM, or RH Zones:

1.

The use is provided at an existing school or place of public assembly; or

2.

The subject property is not less than one (1) acre in area, and no other child care centers are located on the same street segment or within two hundred fifty (250) feet on either side of the use along the street that it fronts, whichever distance is shorter.

b.

In the I Zone:

1.

The use is provided at an existing place of public assembly; or

2.

The use is provided for employees of an industrial use that is located on the same property or on adjoining property.

(5)

School. Schools are allowed if:

a.

In the EN, RE, RL, RM, or RH Zones, the area of the subject property is at least:

1.

Elementary Schools: The greater of five (5) acres or one thousand two hundred (1,200) square feet per student at design capacity.

2.

Middle Schools: The greater of ten (10) acres or one thousand nine hundred (1,900) square feet per student at design capacity.

3.

High Schools: The greater of twenty (20) acres or two thousand (2,000) square feet per student at design capacity.

b.

In the I Zone, as a conditional use, so long as a material component of the school's curriculum is industrial in nature, and the use is appropriately buffered from heavy industrial uses.

c.

In the CBD Zone, as a conditional use, with the same limitations as Professional Business Offices, and so long as the schools are for high school-aged students and older.

(6)

College or university. Colleges or universities are allowed in the I Zone if the instruction provided or research performed within the zone is principally industrial in nature.

(7)

Vocational school/job training center. Vocational schools or job training centers are allowed in the MU, CB, and I Zones if:

a.

The curriculum is limited to traditional classroom instruction; or

b.

The vocational training is of a type that is permitted in the underlying zone, or that is allowed as a limited use and the limited use standards are met (e.g., vocational training in auto body repair is allowed where heavy motor vehicle repair and services uses are allowed).

(8)

Hospital or emergency room. Hospitals or emergency rooms are allowed in the MU Zone if they take access from a collector or arterial street, or from a local street that does not also provide direct access to a single-family detached or duplex use between the hospital or emergency room and a major arterial.

(9)

Medical office or clinic. Medical offices or clinics are allowed in the CBD zone, but if the office or clinic fronts Main Street, it shall be limited to a maximum of seven hundred fifty (750) square feet in total floor area.

(10)

Natural medicine healing center. Natural medicine healing centers are allowed in the CB and I zones, so long as operation occurs between 7:00 a.m. and 7:00 p.m. and the use is located at least one thousand (1,000) feet away from schools and licensed childcare facilities.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 32-2018, § 2, 12-5-18; Ord. No. 5-2020, § 4, 3-4-20; Ord. No. 12-2021, § 1, 8-18-21; Ord. No. 15-2023, § 6, 8-16-23; Ord. No. 30-2024, §§ 1, 2, 11-6-24; Ord. No. 35-2024, §§ 1, 2, 1-15-25)

(a)

Generally. The general commercial and motor vehicle land uses are set out in Table 21-2-204(a), General Commercial and Motor Vehicle Land Uses.

¹ All first-floor businesses fronting Main Street must be open to the public for walk-in traffic with hours consistent with the traditional use. In no event shall a business be open for less than sixty (60) hours per month, except in cases of temporary closures due to renovations or personal matters.

(b)

General commercial and motor vehicle use—Specific standards.

(1)

Business services. Business services are allowed if:

a.

In the CBD Zone so long as the use does not front on Main Street.

b.

In the CA Zone:

1.

The use is targeted towards the students, employees, or contractors of, or visitors to, the other uses on the campus; and

2.

The use is incidental to the overall purpose of the campus.

(2)

Heavy retail. Heavy retail is allowed in the MU Zone if:

a.

Not more than thirty-three (33) percent of the area put to the heavy retail use is located outdoors; and

b.

The outdoor area used for the display of merchandise is adjacent to a wall of a principal structure, is configured as a walled or decoratively fenced area, and is set back from property lines as required for principal buildings.

(2.5)

Liquor stores. Liquor stores are allowed pursuant to the licensing provisions set forth in Chapter 10, Article II of the Alamosa Code of Ordinances and the liquor laws of the State of Colorado, as amended from time to time.

(3)

Mail processing center. Mail processing centers are allowed if:

a.

In the CB and I Zones:

1.

A truck routing plan is provided that shows how trucks will avoid streets that provide access to single-family detached and duplex uses;

2.

Noise generated by the use will not exceed forty-five (45) dBA at any residential building wall between the hours of 9:00 p.m. and 7:00 a.m.; and

3.

Outdoor storage and processing areas shall be screened from view from residential zones and public rights-of-way with a Class C bufferyard.

b.

In the CA Zone:

1.

The use is related to the purpose of the campus;

2.

Heavy truck traffic is limited to two (2) trips per week;

3.

Noise generated by the use will not exceed forty-five (45) dBA at any residential building wall between the hours of 9:00 p.m. and 7:00 a.m.; and

4.

Outdoor storage and processing areas are screened from view from residential zones and public rights-of-way with a Class C bufferyard.

(4)

Retail sales and services type 1. Retail sales and services type 1 are allowed if:

a.

In the I Zone:

1.

The retail sales or services are related to an industrial use on the subject property (e.g., the sale of merchandise that is manufactured or assembled on-site);

2.

The retail sales or services are incidental to a permitted use (e.g., the sales of boxes or locks at a self-storage facility); or

3.

The retails sales or services support other industrial uses (e.g., contractor supply shops).

b.

In the CA Zone:

1.

The use is targeted towards the students, employees, or contractors of, or visitors to, the other uses on the campus; and

2.

The use is incidental to the overall purpose of the campus.

(5)

Retail sales and services type 2. Retail sales and services type 2 are allowed if:

a.

In the MU Zone or CB Zone, the use is separated from other retail sales and services type 2 uses by at least six hundred (600) feet, measured in both directions along the street upon which the use fronts. In the case of head shops, marijuana paraphernalia retail stores, and tobacconists and vape shops, such uses must be separated from each other by at least one thousand (1,000) feet, and from schools, large child care centers, and other retail sales and services type 2 uses by at least six hundred (600) feet.

b.

In the CA Zone, the use is targeted towards the students, employees, or contractors of the other uses on the campus, and are incidental to the overall function of the campus.

c.

In the CBD zone if the use is a consignment store that is at least a six hundred (600) feet radius from any second-hand stores, thrift shops, and other consignment stores.

(6)

Professional or business offices. Professional or business offices are allowed in the CBD Zone, but if the use fronts on Main Street between Hunt Avenue and Edison Avenue, it must be located above the ground floor.

(7)

Recording or television studio. Recording or television studios are allowed if:

a.

In the MU Zone or CB Zone, noise generated by the use will not exceed forty-five (45) dBA at any residential building wall (within or outside the zone) between the hours of 9:00 p.m. and 7:00 a.m.

b.

In the CBD Zone:

1.

The subject property does not front on Main Street; and

2.

Noise generated by the use will not exceed forty-five (45) dBA at any residential building wall (within or outside the zone) between the hours of 9:00 p.m. and 7:00 a.m.

(8)

Veterinary and animal facilities. Veterinary and animal facilities are allowed if:

a.

In the MU Zone or CB Zone:

1.

Treatment is limited to small domestic animals (e.g., dogs, cats, birds, and exotic pets); and

2.

Outdoor dog runs, if provided, are not less than two hundred fifty (250) feet away from any residential property line.

b.

In the CBD Zone:

1.

The subject property does not front on Main Street;

2.

Treatment is limited to small domestic animals; and

3.

There are no outdoor dog runs.

c.

In the CA Zone, the use is related to the purpose of the campus.

(9)

Fueling/charging stations or light motor vehicle repairs and services. Fueling/charging stations or light motor vehicle repairs and services are allowed in the MU, CA, and CBD Zones if they are limited to electric vehicle charging.

(10)

Heavy motor vehicle repairs and services. Heavy motor vehicle repairs and services are allowed in the CB Zone if the area in which the use is conducted is not less than two hundred fifty (250) feet away from any residential property line.

(11)

Motor vehicle sales and rental. Motor vehicle sales and rental is allowed in the MU Zone and CBD Zone if the use is located entirely indoors.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 16-2019, § 5, 7-17-19; Ord. No. 5-2020, § 26, 3-4-20; Ord. No. 15-2022, §§ 3, 4, 14, 7-20-22; Ord. No. 15-2023, § 3, 8-16-23; Ord. No. 21-2024, § 1, 10-2-24)

(a)

Generally. The hospitality, recreation, and entertainment land uses are set out in Table 21-2-205(a), Hospitality, Recreation, and Entertainment Land Uses.

(b)

Hospitality, recreation, and entertainment use—Specific standards.

(1)

Bar, tavern, or nightclub. Bar, tavern, or nightclub is allowed if:

a.

In the MU Zone, noise generated by the use will not exceed forty-five (45) dBA at any residential building wall (within or outside the zone) between the hours of 9:00 p.m. and 7:00 a.m., and must otherwise comply with the city's noise ordinance.

b.

In the CA Zone, the use is targeted towards the students, employees, or contractors of the other uses on the campus, and is incidental to the overall function of the campus.

(2)

Bed and breakfast. Bed and breakfast is allowed if:

a.

In the EN Zone, the lot area of the subject property is at least seven thousand (7,000) square feet.

b.

In the RE Zone, the lot area of the subject property is at least twelve thousand (12,000) square feet.

c.

RL, or RM Zones:

1.

The lot area of the subject property is at least seven thousand (7,000) square feet; and

2.

The subject property is a corner lot.

d.

In the CBD Zone, the subject property does not front on Main Street.

(3)

Campground or RV Park. Campgrounds or RV Parks are allowed if:

a.

In the CB zone, the use is surrounded by a Type B bufferyard.

b.

In the CA zone, the use is targeted towards visitors to the other uses on the campus, and is incidental to the overall function of the campus and is surrounded by a Type B bufferyard.

(4)

Restaurant, indoor. Indoor restaurants are allowed if:

a.

In the RM or RH Zones, the restaurant existed on the effective date.

b.

In the I Zone, the scale and hours of operation of the restaurant are limited such that it primarily provides service to employees and visitors to the surrounding industrial uses.

(5)

Restaurant, outdoor. Outdoor restaurants are allowed if:

a.

In the RM or RH Zones, the restaurant existed on the effective date.

b.

In the MU Zone, noise generated by the use will not exceed forty-five (45) dBA at any residential building wall (within or outside the zone) between the hours of 9:00 p.m. and 7:00 a.m., and must otherwise comply with the city's noise ordinance.

c.

In the CA Zone, the use is targeted towards the students, employees, or contractors of, or visitors to, the other uses on the campus, and is incidental to the overall function of the campus.

(5.5)

Smoking lounge. Smoking lounge is allowed if:

a.

In the MU Zone, noise generated by the use will not exceed forty-five (45) dBA at any residential building wall (within or outside the zone) between the hours of 9:00 p.m. and 7:00 a.m., and must otherwise comply with the city's noise ordinance.

b.

In the CA Zone, the use is targeted towards the students, employees, or contractors of the other uses on the campus, and is incidental to the overall function of the campus.

c.

The ventilation system shall assure that smoke from the smoking lounge is incapable of migrating into any other portion of the building hosting the smoking lounge or into any other building in the vicinity of the smoking lounge. If the smoking lounge is in a multi-unit building, the building must minimize uncontrolled pathways for the transfer of smoke and other indoor air pollutants between units by sealing penetrations in the walls, ceilings, and floors and by sealing vertical chases (including utility chases, garbage chutes, mail drops, and elevator shafts) adjacent to the units.

d.

All business-related activities shall be conducted wholly within a building. Operation of outdoor appurtenances, such as barbecues, fire-pits, braziers or lit coals, shall not be permitted.

e.

A smoking lounge is not permitted to be located any closer than the following distances from the listed uses:

(1)

Residential zoning districts: five hundred (500) feet;

(2)

Public or private pre-school, elementary school, middle school, junior high school or high school: five hundred (500) feet;

(3)

Park or recreation facility operated by the city: five hundred (500) feet;

(4)

Another smoking lounge: five hundred (500) feet.

f.

No persons under eighteen (18) years of age shall be permitted within the business.

(6)

Indoor amusement, recreation, and entertainment. Indoor amusement, recreation, and entertainment are allowed if:

a.

In the MU Zone, noise generated by the use will not exceed forty-five (45) dBA at any residential building wall (within or outside the zone) between the hours of 9:00 p.m. and 7:00 a.m., and must otherwise comply with the city's noise ordinance.

b.

In the I Zone, the use is located in an area in which light industrial uses are established, and is spaced not less than two hundred fifty (250) feet from heavy industrial or heavy logistics uses.

c.

In the CA Zone, the use is targeted towards the students, employees, or contractors of, or visitors to, the other uses on the campus, and is incidental to the overall function of the campus.

(7)

Indoor gun ranges. Indoor gun ranges are allowed if:

a.

In the CB Zone, noise generated by the use will not exceed forty-five (45) dBA at any residential building wall (within or outside the zone) between the hours of 9:00 p.m. and 7:00 a.m., and must otherwise comply with the city's noise ordinance.

b.

In the I Zone:

1.

Noise generated by the use will not exceed forty-five (45) dBA at any residential building wall (within or outside the zone) between the hours of 9:00 p.m. and 7:00 a.m., and must otherwise comply with the city's noise ordinance; and

2.

The use is located in an area in which light industrial uses are established, and is spaced not less than two hundred fifty (250) feet from heavy industrial or heavy logistics uses.

(8)

Park. Parks are allowed in the CBD Zone if they are limited to passive recreation activities (e.g., plazas, fountains, outdoor seating).

(9)

Sexually-oriented business. Sexually-oriented businesses are allowed in the I Zone if:

a.

The building that contains the use is located not less than one hundred (100) feet from the right-of-way lines of Highway 285; Highway 160; and State Avenue from Airport Road to 4 ^th Street;

b.

All activities related to the business are conducted indoors;

c.

The use is spaced not less than one thousand (1,000) feet, measured as the shortest distance from the property line of the use to the nearest property line of the use or zone from which spacing is required, from:

1.

Other sexually-oriented businesses;

2.

Lots that are developed with dwelling units;

3.

Residential zone boundaries;

4.

Schools, public parks, and child care centers that are located within the city limits; and

5.

Places of assembly;

Except that the spacing requirement may be reduced to five hundred (500) feet from those listed uses that do not operate between 7:00 p.m. and 9:00 a.m.;

d.

Access to the use is configured to allow for verification of age of customers before entry into rooms where sexually-oriented merchandise is displayed or sexually-oriented entertainment activities occur; and

e.

The interior of the use is configured so that sexually-oriented activity, sexually-oriented merchandise, and depictions of said activity or merchandise, are not visible from outside of the building through windows or doors.

(10)

Zoo. Zoos are allowed if:

a.

In the CA Zone, the zoo is related to the purpose of an educational campus in that the animals are research subjects for faculty and students on the campus;

b.

In the A Zone:

1.

Noise generated by the use will not exceed forty-five (45) dBA at any residential building wall between the hours of 9:00 p.m. and 7:00 a.m., and must otherwise comply with the city's noise ordinance;

2.

The subject property is at least ten (10) acres in area;

3.

The use is enclosed with a Type B bufferyard; and

4.

The zoo operator maintains a Colorado wildlife exhibitor's park license.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 31-2018, § 3, 12-5-18; Ord. No. 16-2019, §§ 2—4, 7-17-19; Ord. No. 15-2022, § 10, 7-20-22)

(a)

Generally. The industry, transportation, storage, and disposal land uses are set out in Table 21-2-206(a), Industry, Transportation, Storage, and Disposal Land Uses.

(b)

Industry, transportation, storage, and disposal use—Specific standards.

(1)

Heavy industry. Heavy industry is allowed if:

a.

In the I Zone:

1.

A truck routing plan is provided that shows how trucks will avoid streets that provide access to single-family detached and duplex uses;

2.

Noise generated by the use will not exceed forty-five (45) dBA at any residential building wall between the hours of 9:00 p.m. and 7:00 a.m.; and

3.

Outdoor storage and processing areas shall be screened from view from residential zones and public rights-of-way with a Class C bufferyard.

4.

A plan is provided to reasonably mitigate adverse impacts associated with the proposed use, such as those relating to (i) a material risk of significant environmental contamination, explosion, or fire; (ii) perceptible ground vibration at the property line; (iii) excessive noise or dust emissions at the property line and downwind; (iv) large-scale outdoor storage of inputs or products; (v) significant outdoor installations of processing equipment; (vi) outside emission of objectionable odors; (vii) more than five (5) trips by semi-trailer trucks per day.

b.

In the CA Zone:

1.

The use is related to the purpose of the campus;

2.

Heavy truck traffic is limited to two (2) trips per week;

3.

Noise generated by the will not exceed forty-five (45) dBA at any residential building wall between the hours of 9:00 p.m. and 7:00 a.m.; and

4.

Outdoor storage and processing areas shall be screened from view from residential zones and public rights-of-way with a Class C bufferyard.

5.

A plan is provided to reasonably mitigate adverse impacts associated with the proposed use, such as those relating to (i) a material risk of significant environmental contamination, explosion, or fire; (ii) perceptible ground vibration at the property line; (iii) excessive noise or dust emissions at the property line and downwind; (iv) large-scale outdoor storage of inputs or products; (v) significant outdoor installations of processing equipment; (vi) outside emission of objectionable odors; (vii) more than five (5) trips by semi-trailer trucks per day.

(2)

Light industry. Light industry is allowed:

a.

In the CA zone by limited use, if the use is related to the purpose of the campus.

b.

In the CB or MU zones by limited use, if:

i.

The use is light industrial type iii, iv, v, vi, x, or xii; or,

ii.

The use is in conjunction with on-site retail or educational uses in which the products of the use are used or sold.

c.

In the CBD zone by conditional use, if:

i.

The use is light industrial type iii, iv, v, vi, x, or xii; or,

ii.

The use is in conjunction with and in service of a retail outlet at the same premises.

(3)

Marijuana or natural medicine testing facility. Marijuana or natural medicine testing facilities may be allowed if:

a.

In the I Zone, the facility is located not less than one thousand (1,000) feet from any other marijuana or natural medicine testing facility.

b.

In the CA Zone:

i.

The facility is located not less than one thousand (1,000) feet from any other marijuana or natural medicine testing facility; and

ii.

The use is related to the purpose of the campus.

(4)

Resource extraction, minerals. Mineral resource extraction is allowed if:

a.

All extraction activities shall be in accordance with an adopted master plan for extraction. See section 21-6-402, master plan for extraction.

b.

The use shall be screened from view from adjacent property and public rights-of-way with a Class C bufferyard that includes an eight-foot tall privacy fence or masonry wall or earthen berm.

c.

A truck routing plan is required. See section 21-6-403, heavy truck routing plan.

d.

Noise generated by the use shall not exceed forty-five (45) dBA at any residential building wall between the hours of 9:00 p.m. and 7:00 a.m.

e.

Existing tree stands shall be preserved to the extent practicable as a method of screening the operation from adjacent public streets.

f.

Access points and interior vehicular use areas shall be designed and maintained to limit airborne dust and erosion, and to prevent tracking of debris onto public rights-of-way.

(5)

Airport. Airports are allowed in the I Zone or A Zone if:

a.

A master plan for the airport and a forecast of aviation activity is provided that demonstrates that the proposal is designed to minimize the impact on existing and approved residential uses by:

1.

Minimizing the number of residences that are brought within the fifty-five (55) DNL noise zone;

2.

Ensuring that residential uses do not come within the sixty-five (65) DNL noise zone unless they are subject to an appropriate aviation easement; and

3.

The airport's safety zones are situated so that the airport will not materially interfere with the anticipated development of the city; and

b.

The airport will not interfere with safety or operations at existing airports, heliports, or helistops; and

c.

The airport complies with all applicable federal regulations.

(6)

Heavy logistics. Heavy logistics uses are allowed in the I Zone if:

a.

A truck routing plan is provided that shows how trucks will avoid streets that provide access to single-family detached and duplex uses;

b.

Noise generated by the use will not exceed forty-five (45) dBA at any residential building wall between the hours of 9:00 p.m. and 7:00 a.m.; and

c.

Outdoor truck or trailer storage areas are paved and screened from view from residential zones and public rights-of-way with a Class B bufferyard.

(7)

Helistop. Helistop is allowed in the I, CA, or A Zones if:

a.

The helistop is intended to serve a nonresidential land use on the subject property (e.g., a hospital)

b.

A forecast of aviation activity and noise impacts is provided that demonstrates that the proposal is designed to minimize the impact on existing and approved residential uses by:

1.

Minimizing the number of residences that are brought within the fifty-five (55) DNL noise zone;

2.

Ensuring that residential uses do not come within the sixty-five (65) DNL noise zone unless they are subject to an appropriate aviation easement; and

3.

Safety zones are situated so that the helistop will not materially interfere with the anticipated development of the city; and

c.

The helistop will not interfere with safety or operations at existing airports, heliports, or helistops; and

d.

The helistop complies with all applicable federal regulations.

(8)

Outdoor storage yard. Outdoor storage yards are allowed:

a.

In the I Zone if the outdoor storage yard complies with the standards set out in section 21-4-506, outdoor storage.

b.

In the CA Zone if:

1.

The outdoor storage yard is related to the purpose or maintenance of the campus; and

2.

The outdoor storage yard complies with the standards set out in section 21-4-506, outdoor storage.

(9)

Self-storage. Self-storage is allowed:

a.

In the MU Zone if the use is screened from view from public streets by intervening buildings and a Class B bufferyard is installed along side and rear lot lines, or:

1.

The use is located within a multi-story building;

2.

The building includes windows on street-facing frontages, such that not less than fifteen (15) percent of the frontage is transparent;

3.

The principal public entrance to the building is architecturally prominent; and

4.

Overhead doors are not present on street-facing frontages unless they are screened from view by a Class B bufferyard.

b.

In the CA Zone if:

1.

The self-storage facility is related to the purpose or maintenance of the campus, or is for the use of residents, employees, or students of the campus;

2.

Overhead doors do not face public streets; and

3.

The use is screened from view from public streets and adjacent residential zones (if any) by a Class B bufferyard or intervening buildings.

(10)

Salvage or junk yard. Salvage or junk yards are allowed in the I Zone if:

a.

Noise generated by the use does not exceed forty-five (45) dBA at any residential building wall between the hours of 9:00 p.m. and 7:00 a.m., and must otherwise comply with the city's noise ordinance; and

b.

The outdoor areas of the salvage or junk yard comply with the standards set out in section 21-4-506, outdoor storage.

(11)

Transfer station. Transfer stations are allowed in the I, CA, or A Zones if:

a.

The use shall be enclosed within a Class D bufferyard that includes security fencing and access controls.

b.

A heavy truck routing plan is required. See section 21-6-403, heavy truck routing plan.

c.

Noise generated by the use shall not exceed forty-five (45) dBA at any residential building wall between the hours of 9:00 p.m. and 7:00 a.m.

d.

All waste shall be stored in an enclosed building, except that clean, palletized recyclable materials may be stacked outdoors provided that they are secured against being blown away.

e.

The use shall be located not less than one thousand (1,000) feet from the boundary of any residential zone (on-site buffers may be counted towards the one thousand (1,000) foot separation).

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 5-2020, §§ 1, 23—25, 3-4-20; Ord. No. 15-2023, § 5, 8-16-23; Ord. No. 35-2024, §§ 3, 4, 1-15-25)

(a)

Generally. The utility and communications land uses are set out in Table 21-2-207(a), Utility and Communications Land Uses.

(b)

Utility and communications use—Specific standards.

(1)

Major utility facilities.

a.

No new transmission lines shall be installed without a certificate of need from the Colorado Public Utilities Commission, or an exemption certification. To the extent practicable, new transmission lines shall be located within existing transmission easements or routed outside of the City limits.

b.

New transmission lines that are not located within existing transmission easements shall be routed to minimize their impact on the natural resource, and scenic values of the city, according to the following priorities, in descending order:

1.

Minimize impacts of structures, construction, and maintenance on residential neighborhoods;

2.

Minimize impacts of structures, construction, and maintenance on views of the natural environment;

3.

Minimize impacts of structures, construction, and maintenance on historic resources; and

4.

Minimize visual impacts using existing topographic features and existing stands of trees as screens between the route and areas of existing development within the city.

(2)

Wireless telecommunications facilities and telecommunications towers. Wireless telecommunications facilities and telecommunications towers, including co-located facilities, shall comply with the standards of article IV, division 6, wireless telecommunications facilities.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. The agricultural land uses are set out in Table 21-2-208(a), Agricultural Land Uses.

(b)

Agricultural use—Specific standards.

(1)

Agriculture or commercial crop production. Agriculture or commercial crop production is allowed in the CA Zone if it is related to the purpose of the campus in that the agricultural products are principally researched, processed, or consumed on the campus.

(2)

Wholesale nursery or greenhouse. Wholesale nurseries or greenhouses are allowed in MU Zone or CB Zone if:

a.

Greenhouses and nursery storage buildings are set back according to the requirements that apply to principal buildings.

b.

Active areas of open air nurseries are spaced not less than two hundred (200) feet from residential zones and uses, measured as the shortest distance from the nearest edge of the part of the nursery that is used to grow plants for sale to the property line of the residential zone or use.

c.

A truck routing plan is provided that shows how trucks will avoid streets that provide access to single-family detached and duplex uses.

(Ord. No. 33-2017, § 1, 12-6-17)

The following uses are prohibited in all zones within the City of Alamosa:

(1)

Disposal of radioactive wastes;

(2)

Fossil fuel power generation (except back-up generators for individual uses);

(3)

Intensive agriculture;

(4)

Marijuana uses (except medical or recreational testing laboratories);

(5)

Nuclear power generation; and

(6)

Slaughterhouse.

(7)

Skilled gaming businesses.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 34-2024, § 1, 1-15-25)

(a)

Generally. If a proposed use is not listed in the land use tables of sections 21-2-201 to 21-2-208, inclusive, or in section 21-2-209, then the proposal shall be evaluated pursuant to this section. The evaluation will determine whether the proposal is a permitted, limited, conditional, or prohibited use, or whether it is something other than a principal use as such is defined by this UDC.

(b)

Findings and intent.

(1)

The city council recognizes that there is a middle-ground between the position that "all uses that are not specifically permitted by the UDC are prohibited" and the position that "all uses that are not specifically prohibited by the UDC are allowed." The city council finds:

a.

The former places too much burden on the right to use property, and is therefore not consistent with the values of the residents of the city; and

b.

The latter would frustrate the purposes and administration of this UDC by inviting arguments regarding whether a particular use is included in the list of uses regulated by this UDC and creating uncertainty that undermines the stability upon which many residents and real estate investors depend for their lifestyles and livelihoods.

(2)

This section is intended to provide a "middle ground." It is the intent of this section to create sufficient flexibility to allow for property owners to establish new uses that are not specifically identified in this UDC, without placing upon the property owner the burden of waiting for the city to initiate and process an ordinance amending this UDC.

(3)

This section should be interpreted to favor the establishment of the new use. Accordingly, if a new use meets the threshold determination under subsection (d), below, and is comparable to two (2) or more listed uses, then the listed use which is allowed with the least process shall be selected as the comparable use.

(4)

It is the intent of the city council to provide flexibility, but not to allow this section to be used to avoid the application of this UDC. Likewise, it also is the intent of the city council that this section not be used to create rules and regulations that are not part of this UDC.

(c)

Application.

(1)

The first step of this process (the "threshold determination" in subsection (d), below) is to determine whether a proposed use is a principal use under this UDC, and not something else (like a temporary use or a structure) that should be allowed without city approval or with a more limited administrative review (e.g., a staff review, a building permit, etc.).

(2)

If a proposed unlisted use is a principal use, then it is the intent of city council that it be approved in the same manner and under the same conditions as the single listed use to which the proposed use is most closely functionally comparable (see subsection (e), below).

(3)

If a proposed unlisted use is not a principal use, then it is the intent of the city council to ensure that it is classified appropriately as a temporary land use, an accessory use, a part of an existing principal use, an accessory building or structure, or a sign. That classification shall be used to determine if any requirements of this UDC apply.

(d)

Threshold determination.

(1)

The administrator shall review the description of the proposed use and decide whether the proposed use is:

a.

A principal land use;

b.

A seasonal land use;

c.

A temporary land use;

d.

An accessory use;

e.

An accessory building or structure;

f.

A sign;

g.

Mechanical, water, wastewater, electrical equipment, or communications equipment which provides services to a building or use on the applicant's property and not to other properties;

h.

Essential services; or

i.

An area or activity that is a customary part of the existing or approved principal use of the applicant's property.

(2)

Proposed principal land uses shall be evaluated according to the standards of subsection (e), below. Other classifications (listed subsections (d)(1)b. to (d)(1)i., above) do not require further analysis under this section, but may be subject to other requirements of this UDC according to its terms, or to the building codes, or to other parts of the City of Alamosa Municipal Code.

(e)

Functionally comparable principal uses. New or changed principal uses are permitted, limited, conditional, or prohibited in the same manner as uses to which they are most closely functionally comparable. An unlisted use is functionally comparable to a listed use if, with regard to each of the decision criteria below, the unlisted use is categorically similar (e.g., a residential use is not "functionally comparable" to an industrial use, even if it could otherwise meet the standards of this subsection) and has no greater negative impacts than listed use to which it is being compared:

(1)

Average daily and peak hour trip generation (personal vehicles and heavy trucks);

(2)

Impervious surface;

(3)

Regulated air or water emissions;

(4)

Noise;

(5)

Ground vibration;

(6)

Exterior lighting;

(7)

Dust;

(8)

Odors (including but not limited to odors from storage of solid wastes prior to pickup);

(9)

Potentially hazardous conditions (such as risk of fire or explosion, projectiles leaving the site, etc.);

(10)

Use and storage of hazardous materials;

(11)

Secondary impacts on the community (e.g., increased crime or threats to public health, or degradation of historic resources); or

(12)

Implementation of the comprehensive plan.

(f)

Effect of determination.

(1)

If the administrator finds that an unlisted use is most closely functionally comparable to a permitted, limited, or conditional use, then an application for approval of the unlisted use at a particular location shall be processed with the same restrictions as the listed use that is functionally comparable.

(2)

If the administrator determines that an unlisted use is most closely functionally comparable to a prohibited use, or is not functionally comparable to any listed use, then the unlisted use is a prohibited use.

(g)

Record-keeping; proposed amendment. The administrator shall keep a record of all determinations of functionally comparable uses. The administrator may propose an amendment to this UDC to incorporate such uses into existing use definitions, or to add new land uses and revise the land use tables accordingly.

(Ord. No. 33-2017, § 1, 12-6-17)

Essential governmental or public utilities services are allowed in all zones.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Purpose. The purpose of this division is to promote compatibility among land uses in the city by establishing standards for specific uses that are designated as limited ("L") or conditional ("C") in the tables of article II, division 2, land use.

(b)

Application.

(1)

In zones where a land use is designated as a limited use ("L") in the tables of article II, division 2, land use, the limited use shall be approved if:

a.

The standards of this division that relate to the use in the zone in which the subject property is located are met; and

b.

All other requirements of this UDC are met.

(2)

In zones where a land use is designated as a conditional use ("C") in the tables of article II, division 2, land use, the conditional use shall be approved if:

a.

The standards of this division that relate to the use in the zone in which the subject property is located are met;

b.

The general standards for all conditional uses that are set out in section 21-2-302, general standards for all conditional uses, are met; and

c.

All other requirements of this UDC are met.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. All conditional uses shall meet the standards of this section related to plan implementation, compatibility, and community need.

(b)

Plan implementation. The proposed conditional use in its proposed location will not conflict with the implementation of current adopted plans of the city, including, but not limited to, the comprehensive plan;

(c)

Compatibility. The conditional use:

(1)

Will be compatible with surrounding land uses;

(2)

Is proposed for a location that is appropriate in terms of mitigating the impacts or risks of the use to the natural environment, or the environmental impacts or risks are mitigated through the design or the operation of the use; and

(3)

Will not materially detract from the character of the immediate area or negatively affect the anticipated development or redevelopment trajectory (for example, by creating a critical mass of similar conditional uses that is likely to discourage permitted uses by making the vicinity less desirable for them).

(d)

Community need. The conditional use, in the proposed location, will:

(1)

Address a material need for the use in the community; or

(2)

Create jobs that are likely to pay more than the median wages for the region, or support a critical mass of related and mutually supportive land uses that promote economic development and opportunity.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. A temporary use permit is required for the temporary special events identified in section 21-2-402, the temporary retail uses identified in section 21-2-403, and the temporary buildings and temporary construction uses identified in section 21-2-404. Temporary use permits are issued by the administrator.

(b)

Exceptions. This division does not apply to:

(1)

The use of public parks and rights-of-way;

(2)

Pre-approved temporary uses (which are subject to the standards set out in the applicable site plan or other approval and not the standards of this division); and

(3)

Special events (e.g., sporting events or festivals) at elementary schools, middle schools, high schools, colleges, or universities.

(c)

Conditions of approval.

(1)

Conditions of approval may be imposed by the administrator if deemed necessary to minimize the potential adverse impacts of a temporary use on neighboring properties, public streets, or the city, or to reduce hazards to the public, historic resources, or event participants.

(2)

Such conditions shall not relate to the content of or viewpoint expressed in constitutionally protected speech, except where a statute so authorizes (e.g., statutes that protect minors from speech that is harmful to minors) or a court of competent jurisdiction has upheld such conditions.

(3)

Generally, conditions of approval may include, but are not limited to, the following:

a.

Modification of, or restrictions on, the hours of operation or duration of the event.

b.

Arrangements for the provision of services or equipment, such as traffic control or security personnel, fire protection, emergency response personnel, or specialized equipment that is reasonably needed to ensure safe operation of the use or event.

c.

Additional insurance, based on the scale and risks involved with the use or event.

(d)

Denial of temporary use permit. The city may refuse to issue a temporary use permit if the application does not demonstrate compliance with the applicable standards of this division, or if proposed use or event is too large to be safely conducted at the proposed site.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. The standards of this section apply to temporary special events that are likely to attract more than two hundred fifty (250) people at any one (1) time. Such events may include outdoor entertainment, cultural, religious, or charitable events, as well as flea markets, farmers' markets, craft shows, and comparable events.

(b)

Standards for approval of temporary use permits for special events.

(1)

Frequency and duration. No site shall host a temporary special event more than seventy-five (75) days per year, and no individual event shall be longer than twelve (12) days.

(2)

General site requirements. The event shall be held on a site that is suitable for safely accommodating the expected level of attendance.

(3)

Buildings and structures.

a.

Temporary structures that are taller than the height limitations of the applicable zone shall be set back from all property lines a distance of one (1) foot for every two (2) feet in height.

b.

If existing buildings are used, they must be in a condition that is safe and appropriate for the intended level of use and occupancy.

(4)

Access and circulation.

a.

The street from which access is taken must have adequate capacity to serve the temporary special event. A traffic management plan may be required to ensure safe access and safe operation of adjacent streets.

b.

Safe on-site vehicular and pedestrian circulation routes shall be identified and unobstructed emergency access shall be provided.

(5)

Parking.

a.

The number of parking spaces available for the temporary special event shall be sufficient to meet the peak demands of the event, assuming four (4) attendees per vehicle.

b.

Fewer parking spaces may be allowed if the applicant demonstrates that the reduced number is justified based on the nature of the event, the provision of alternative transportation (e.g., buses), or the close association of the event with a permanent use that provides parking for attendees.

c.

Parking may be provided in remote locations, provided that if parking is provided more than eight hundred (800) feet from the boundaries of the temporary special event, an appropriate level of shuttle service is provided between the event and the parking area.

d.

Truck parking and loading areas shall be provided as necessary to service the event and provide for storage of trucks and trailers that will remain on-site. Trucks shall be routed away from local residential streets.

(6)

Noise. Noise controls may be required for temporary special events that are expected to generate high levels of noise or to operate after 9:00 p.m.

(7)

Security. Adequate security shall be provided for the proposed temporary special event.

(8)

Sanitation. Adequate restrooms shall be provided to serve the event. Trash containers and recycling bins shall be placed in convenient areas, including principal places of assembly, near food and beverage vendors, near restrooms, and at pedestrian entry and exit points.

(9)

Insurance.

a.

A certificate of insurance shall be provided to the city demonstrating that the applicant has a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage, and product liability, with a minimum limit of liability of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate.

b.

Additional endorsements may be required for events with amusement rides or alcoholic beverages.

(10)

Restoration and cleanup. The site of the temporary event and the abutting right-of-way shall be cleared of all litter and debris from the event, including temporary signage, not more than two (2) days after the last day of the event. The city may require a refundable deposit for site clean-up.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. Temporary retail uses involve the outdoor sales of retail products on a temporary basis. Illustrative temporary commercial sales uses include seasonal holiday sales (e.g., pumpkins and Christmas trees), outdoor sales by a single itinerant vendor (e.g., poster or framed art sale, carpet sales). Temporary retail sales uses do not include garage sales or sales at temporary special events.

(b)

Standards for approval of temporary use permits for temporary retail uses.

(1)

Frequency and duration. No site shall host a temporary retail use more than one hundred (100) days per year, and no individual event shall be longer than fourteen (14) days.

(2)

General site requirements. The event shall be held on a site that is suitable for safely accommodating the scale of the temporary retail use. Temporary retail uses may be conducted from vacant property or property that is not used for residential purposes.

(3)

Setbacks. Retail displays and temporary structures shall be set back not less than ten (10) feet from all property lines.

(4)

Structure height. Temporary structures shall not exceed fifteen (15) feet in height.

(5)

Access and circulation.

a.

The street from which access is taken must have adequate capacity to serve the temporary retail use. A traffic management plan may be required to ensure safe access and safe operation of adjacent streets.

b.

Safe on-site vehicular and pedestrian circulation routes shall be identified and unobstructed emergency access shall be provided. If the temporary retail use is located on a site that includes operating permanent uses, the temporary retail use shall not interfere with access to the permanent uses.

(6)

Parking.

a.

Four (4) parking spaces shall be provided for each one thousand (1,000) square feet of land area occupied by temporary retail displays. Such parking spaces shall not be spaces that are required for operating permitted uses on the site.

b.

Fewer parking spaces may be allowed if the applicant demonstrates that the reduced number is justified based on the nature of the event, the provision of alternative transportation (e.g., buses), or the close association of the event with a permanent use that provides parking for customers who are likely to visit the permanent use and the temporary retail use in the same trip.

c.

Parking may be provided in remote locations, provided that if parking is provided more than eight hundred (800) feet from the boundaries of the temporary retail use, an appropriate level of shuttle service is provided between the event and the parking area.

d.

Truck parking and loading areas shall be provided as necessary to service the temporary retail use and provide for storage of trucks and trailers that will remain on-site. Trucks shall be routed away from local residential streets.

(7)

Site restoration and cleanup. The site of the temporary retail use and the abutting right-of-way shall be cleared of all litter and debris from the temporary use, including temporary signage, not more than two (2) days after the last day of the sales event.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Temporary buildings and temporary construction uses. Temporary buildings and temporary construction uses are those uses that relate to construction activities or the temporary expansion of an existing permanent use into a portable building. There are two (2) classes of temporary buildings and temporary construction uses:

(1)

Class A temporary building/construction uses. "Class A temporary building/construction uses" are temporary heavy construction uses, such as batch plants for lime, concrete, asphalt, or other materials, or areas for the bulk outdoor storage or staging of construction materials or equipment.

(2)

Class B temporary building/construction uses. "Class B temporary building/construction uses" are temporary buildings that are used on construction sites as contractor offices, sales offices, security buildings, sanitary facilities, or storage buildings, as well as storage containers that are larger than eight (8) feet by eight (8) feet by twenty (20) feet, or dumpsters with a total capacity of more than thirty (30) cubic yards. Class B temporary building and construction uses also include manufactured buildings that are used to temporarily expand the capacity of an existing use, including portable classrooms on school campuses, either in advance of and during permanent construction or to accommodate a temporary increase in capacity.

(b)

Temporary storage containers and dumpsters.

(1)

Temporary storage containers and dumpsters are used for temporary outdoor storage of household or business property in shipping containers during remodeling, landscaping, cleaning, or moving; or the temporary placement of a roll-off dumpster or comparable solid waste container (e.g., disposable containers that require collection service other than standard household garbage collection) for household waste, construction waste, or landscaping debris. To qualify as a "temporary storage container" or "temporary dumpster," and not a "class B temporary building/construction use:"

a.

Storage containers may not be larger than eight (8) feet by eight (8) feet by twenty (20) feet in dimension; and

b.

Dumpsters may not have a capacity that is larger than thirty (30) cubic yards.

(2)

Temporary storage containers or dumpsters shall not be placed on the public right-of-way without prior approval by the public works director.

(c)

Standards for approval of temporary use permits for temporary buildings and temporary construction uses. The standards that apply to approvals of temporary use permits for temporary buildings and temporary construction uses are set out in Table 21-2-404(c), Standards for Approval of Temporary Buildings and Temporary Construction Uses.

(d)

Extension of approvals. Approvals pursuant to this section may be extended upon demonstration of good cause, appropriate maintenance, extension of any required surety, and diligent pursuit of the purposes for which the uses were established. All applications for renewal of a temporary use permit issued pursuant to this section shall be submitted to the Administrator at least seven (7) days before the permit expires.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. The standards of this section apply to short-term rental of residential dwelling units for a term of less than thirty (30) days with the following provisions:

(1)

Single-family detached dwellings and duplex dwellings may be rented out in their entirety. Multifamily dwellings are restricted to one (1) licensed unit per multifamily dwelling. The short-term rental of residential units within multifamily dwellings with more than four (4) units is prohibited.

(2)

Owner-occupied short-term rentals or the short-term rental of accessory dwelling units associated with an owner-occupied property are classified as bed and breakfast inns and are not subject to these standards except where otherwise provided. For the purposes of this section, an owner-occupied property is defined as a dwelling, or unit thereof, that the owner resides in for at least nine (9) months per year.

(b)

License required. No dwelling unit shall be offered for short-term rental unless the owner or person in control of the property (with the written authorization of the owner) has first secured a short-term rental license for such use from the city. Bed and breakfast inns must obtain a business license for such use by the city. All owners of short-term rentals and bed and breakfast inns are required to collect and remit all applicable taxes for units rented. Each unit must be individually licensed.

(c)

Short-term rental zones established. Council shall establish a short-term rental zone map by resolution, setting forth different administrative zones within the city for purposes of managing the distribution of short-term rentals. Except for short-term rentals holding a valid business license at the effective date of this ordinance, and thereafter keeping it continuously current, short-term rental units shall be limited to five (5) percent of the total number of dwelling units within each short-term rental zone. New licenses shall be granted on a first-come-first-served basis. The short-term rental zone map, as it may be amended from time to time by resolution of council, and a waiting list for new applications prioritized by date of filing of application within each zone, shall be kept on file with the administrator.

(d)

Transferability. The right to keep a license in effect after a transfer of ownership and to renew the license in the name of the new owner shall run with the property. New owners must update the name and contact information within sixty (60) days of property transfer or the short-term rental license associated with that property shall be deemed to have lapsed.

(e)

Inspection, conditions, term, and renewal.

(1)

The administrator may require an inspection of the short-term rental unit for the purpose of determining whether the unit is subject to any extraordinary fire hazard or other unique circumstance affecting the use of the unit as a short-term rental as a condition precedent to the issuance of a short-term rental license or license renewal. The administrator may require such changes or alterations to be made, in, about, upon or in connection with the premises as shall be reasonably necessary to correct any objectionable condition so found to exist as a condition of the issuance of a license for which application shall have been made.

(2)

If a new license is granted, the administrator will notify all owners of record owning property within one hundred (100) feet of the licensed unit.

(3)

A short-term rental license expires on December 31 of the year of issuance. An application for renewal of a short-term rental license may be made beginning forty-five (45) days prior to the expiration of the existing license, and must be made before expiration of the license. A license shall be renewed as a matter of course unless there have been violations of the terms and conditions of the license or of any laws of the state or ordinances of the city during the expiring term.

(f)

Requirements and operation limitations.

(1)

Parking. All vehicles shall be parked on the property on which the short-term rental unit is located or the adjacent street segment. No motor vehicle shall be parked on a lawn or landscaped area of a short-term rental property. Properties with on-site parking are allowed two (2) on-street parking spaces. Properties with no on-site parking are allowed three (3) on-street parking spaces.

(2)

Occupancy. Short-term rental contracts shall limit the number of guest vehicles to the number of parking spaces that are available as allowed above to accommodate them.

(3)

Life safety. Each premises licensed under this chapter shall conform to the applicable requirements of the city's building, technical and safety codes that may have been adopted by the city, and in addition, shall have smoke detectors, carbon monoxide detectors and fire extinguishers installed and maintained in operable condition. Chimneys of wood burning fireplaces and stoves shall be cleaned on an annual basis.

(4)

Renter information notice. An owner shall place and maintain near the primary entrance within each short-term rental unit a notice to renters in a form approved by the administrator.

(5)

Advertising notice. All advertising for a short-term rental unit shall include the short-term rental license number in the listing title.

(6)

Noise and nuisance. All short-term renters must comply with all city ordinances, including, but not limited to, unreasonable noise, offensive odors, and rubbish.

(7)

Local operator information and liability. The contact information of the local short-term rental owner, operator, or their designated responsible agent shall be kept on file with the administrator. The local operator must permanently reside within Alamosa, Conejos, Costilla, Mineral, Rio Grande, or Saguache County. The owner and operator are jointly and severally liable for ensuring compliance with provisions of the Code of Ordinances of the City of Alamosa intended to ensure the health, safety and quiet enjoyment of residential neighborhoods (e.g. snow and ice removal, weed control, trash removal, noise levels, etc.). The local contact must be available to respond to any issues arising from the short-term rental within twenty-four (24) hours. The designated responsible party may be the owner of the property.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 25-2021, § 1, 4-20-22)

(a)

Generally. Commercial vehicles and mobile homes shall not be parked or stored on any lot that is developed with a dwelling, or on any lot in any residential district (such lots, individually and collectively, "residential lots"), except in accordance with this section.

(b)

Commercial vehicles. No more than one (1) commercial vehicle, not to exceed one and one-half (1½) tons rated capacity for each family living on the premises, shall be parked overnight on a residential lot. In no case shall a commercial vehicle used for hauling explosives, gasoline, or liquefied petroleum products be parked overnight on a residential lot.

(c)

Recreational vehicles. Recreational vehicles may be parked or stored overnight on a residential lot only so long as such parking or storage does not interfere with sight triangles as set forth in Section 21-5-108. A recreational vehicle shall not be occupied for a period of more than forty-eight (48) hours while it is parked or stored on private property within the city (except in a manufactured home park or campground).

(d)

Camping. Camping on any developed private property other than property developed as a campground pursuant to the provisions of this Code shall be limited to forty-eight (48) hours. As used in this section, "Camping" means to reside or dwell temporarily in a place, with shelter. The term "Shelter" includes such things as a tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, or any form of cover or protection from the elements other than clothing. The term "reside or dwell" includes, without limitation, conducting activities of daily living such as eating, sleeping, bathing, or the storage of personal possessions. "Camping" does not include temporary residence associated with the performance of a governmental service by emergency responders or relief workers during a disaster emergency. Camping also does not include minor children under adult supervision. Camping on vacant or undeveloped property is prohibited.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 14-2021, § 1, 9-1-21; Ord. No. 36-2024, §§ 1, 2, 1-15-25)

(a)

Generally. The accessory use of a dwelling unit for business purposes is allowed pursuant to the standards of this section. These regulations do not apply to the use of work spaces in live-work units or to a residential building that has been legally converted to a commercial use.

(b)

Requirements and limitations. These standards are intended to protect the residential function and physical character of the neighborhood in which the accessory business use is located, including, but not limited to, the quiet enjoyment of nearby residential property by its occupants.

(1)

Minimum lot and building requirements.

a.

There are no minimum lot and building requirements for a home occupation.

b.

The minimum lot area for a cottage industry is twenty thousand (20,000) square feet.

(2)

Physical features and building character. The following are not allowed:

a.

Modifications to the principal building that alter its residential character;

b.

Construction of accessory buildings or structures that alter the residential character of the lot;

c.

New, separate entrances to the building that provide access only to the area used for the business; and

d.

Outdoor displays.

(3)

Limitations on business operations. The following are not allowed:

a.

Solicitation, advertising, or promotion of the business in a manner that generates commercial traffic, either vehicular or pedestrian, that is inconsistent with the residential character of the neighborhood.

b.

Parking demands that are inconsistent with the residential use of the neighborhood.

c.

Use of areas outside of the principal or accessory buildings for business purposes, except parking.

d.

Business use of a garage in a manner that reduces available parking on the lot to less than that required by this UDC.

e.

Pick-up or delivery of products or machinery by commercial vehicles or heavy trucks other than parcel pick-up and delivery services.

f.

Production of noise, vibration, light, dust, odor, fumes, smoke, or other comparable effects which are detectable outside the dwelling unit.

g.

Storage of hazardous, combustible, or volatile materials in amounts which are greater than typically stored for home use.

h.

Storage of motor fuels in amounts that are greater than typically stored for home use. Storage of more than ten (10) gallons of gasoline or diesel fuel on site shall be presumed to be in violation of this requirement if related to a home-based business.

i.

The use and parking of commercial vehicles associated with the business shall not be inconsistent with the requirements of section 21-2-501(b).

j.

Professional services, instruction, or counseling to more than one (1) person at one (1) time unless it meets the standards of subsection (b)(5) of this section.

(4)

Employees.

a.

A home occupation may employ any resident of the dwelling unit, plus one (1) additional employee who does not reside in the dwelling unit. A cottage industry may employ any resident of the dwelling unit, plus three (3) additional employees who do not reside in the dwelling unit.

b.

Employees who work off-site shall not regularly gather at the dwelling unit for transportation to off-site locations.

(5)

Small groups.

a.

Professional services, instruction, or counseling to small groups of up to six (6) persons are allowed as a cottage industry.

b.

Professional services, instruction, or counseling to small groups of up to four (4) persons may be allowed as a home occupation if the following are met:

1.

The total number of small group gatherings shall not exceed two (2) times per week.

2.

The small groups shall not be scheduled on the same day of the week.

(6)

Building and fire code compliance. If the business use of the home involves employees who are not residents of the home, the building shall comply with all applicable building and fire codes, as amended from time to time.

(c)

Business license required. The use of a dwelling unit for business purposes requires a business license from the city.

(d)

Continuation of established business use of the home. Any lawful business use of the home that is operating on the effective date, which has a current, valid business license, shall be permitted to continue notwithstanding the provisions of this section; provided, however, that such use is not expanded or modified in a manner that creates a greater impact on the neighborhood. Future expansions or modification of the principal building or use, or change in the business license shall thereafter comply with all applicable provisions of this UDC.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 15-2022, § 1, 7-20-22)

(1)

Establishment of accessory use. The sale of pre-packaged alcohol (including, but not limited to beer, wine, spirits, cider, and other intoxicating beverages) in any establishment other than Liquor Stores, Light Industrial uses involving the production of alcoholic beverages, such as breweries and distilleries, and Hospitality uses listed in Table 21-2-205A is declared to be an accessory use. ¹

(2)

Accessory use allowed. The sale of pre-packaged alcohol as an accessory use is allowed in Commercial, Central Business District, Industrial, and Mixed Use zones pursuant to the standards of this Section.

(3)

Limitations. The sale of pre-packaged alcohol shall be limited to not less than five hundred (500) feet, measured from nearest property line to nearest property line, from any Large Child Care Center or any other premises selling pre-packaged alcohol.

(Ord. No. 10-2023, § 1, 7-5-23)

¹ Note that other statutes, rules, and regulations govern the siting of liquor-licensed facilities, including the Colorado Liquor Code, C.R.S. §§ 44-3-101 to 44-3-1002 and the Colorado Beer Code, C.R.S. §§ 44-4-101 to 44-4-109, and Chapter 10, Article II of the Code of Ordinances of the City of Alamosa. Liquor Stores are also their own land use classification.