This Title 17 shall be known, cited, and referred to as the "Unified Development Code" of the City of Cañon City, Colorado except as referred to herein, where it shall be known as "this UDC" or "this title".

A.

Pursuant to the authority granted to the City by Article X, § 6 of the Colorado Constitution, the Charter of the City of Cañon City, Article 23 of Title 31, Colorado Revised Statutes, 1973 as amended, Article 20 of Title 29, Colorado Revised Statute, Articles 65 through 68, Title 24, and other applicable statutes, the City enacts this title for the purpose of promoting the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the City and to implement policies and action as called for in the Comprehensive Plat and other adopted City ordinances, regulations, policies and plans by:

1.

Lessening congestion in the streets and roads;

2.

Securing safety from fire and other dangers, including natural hazards;

3.

Providing adequate access to light and air;

4.

Classifying land uses;

5.

Providing for the distribution of land development and utilization;

6.

Avoiding undue congestion of population;

7.

Promoting coordinated and sound development;

8.

Providing for higher quality site and land planning, to conserve open space, and to promote more efficient and attractive use of open space;

9.

Establishing, regulating, restricting, and limiting uses; providing for the gradual elimination of nonconforming uses, buildings, and structures, and eliminating uses to which such structures are devoted when the use is discontinued, or the structure is destroyed or damaged in major part;

10.

Eliminating structures or uses on or along any storm or floodwater runoff channel or basin as provided by law or otherwise at risk for flooding;

11.

Facilitating the adequate provision of transportation, multi-mobility, water, schools, parks, sewerage, and other public requirements; and

12.

Other means in accordance with the Cañon City Comprehensive Plan (master plan) and the zoning map adopted as a part of this UDC.

A.

The provisions of this UDC shall be minimum requirements for the promotion of public health, safety, comfort, convenience, prosperity, and general welfare.

B.

Whenever there is conflict between this title and other ordinances or regulations, as determined by the City Administrator, the stricter standard shall apply.

C.

Whenever two (2) or more conflicting standards in this UDC apply, the stricter standard shall apply.

D.

Nothing in this UDC shall be construed to render inoperative any restrictions established by covenants running with the land unless such restrictions are prohibited by or are less restrictive than the regulations of this UDC.

A.

This UDC shall apply to all land, buildings, structures and uses within the corporate limits of the City. No building or structure will be used or occupied, constructed, reconstructed, extended, enlarged or altered without compliance with this title.

B.

No subdivision of property shall create a lot of record or occur without compliance with this title.

C.

No permit, certificate, license or approval for any use that is subject to this title shall be issued or granted by any department, agency, City official or city employee without compliance with this title.

D.

Any permit, certificate, license, or approval issued in violation of the title, or the land use and development regulations in effect at the time of issuance of said permit, certificate, or approval, is void.

A.

Once an application for approval of any process contained within this chapter has been certified to be complete, it shall be reviewed according to the process, procedures, and standards contained in this UDC and fees set forth in the City's fee schedule at the time of determination, provided that such application has not been abandoned. Any subsequent amendments to these regulations adopted by the City that become effective after the date of the determination of completeness shall not apply to applications pending approval at the time of the adoption of the changes unless the City and the applicant agree in writing to follow the revised process or the application has been abandoned.

A.

Application fees. Every application must be accompanied by a fee in such amount as established by City Council by resolution. All costs associated with application review shall be the responsibility of the applicant.

B.

Application requirements. Applications for approvals in this UDC shall include the information detailed in the UDC application requirements and as is reasonably required by the Zoning Administrator.

C.

Incomplete applications. Applications that do not include the information detailed in the UDC application requirements, or that are not accompanied by required fees, will not be processed. No further processing of the application will occur until the deficiencies are corrected. Applications will be processed when determined to be complete by the Zoning Administrator.

A.

Any violation of this title shall be unlawful and is deemed a nuisance and may be abated as such.

B.

Every day, or portion thereof, any violation of this title exists or continues, shall constitute a separate offense.

C.

The owner or owners of any building or property, or part thereof, where any violation of this title exists or is placed or maintained; and/or any person who assists in the commission of any such violation; and/or all persons who violate or maintain any violation of any of the provisions of this title or who fail to comply therewith or with any requirements thereof, or who build in violation of any statement or plan submitted and approved thereunder are, for each and every violation, guilty of a civil infraction and, upon conviction thereof, shall be punished by a fine in an amount that does not exceed the maximum fine provided for in Section 1.28.010.

(Ord. No. 5-2022, § 1, 2-21-22)