Chapter 7 of the City Code of Colorado Springs shall officially be known as the Unified Development Code of the City of Colorado Springs and is referred to within this document as the "UDC" or the "Zoning Code." (Ord. 23-03)

   A.   This UDC is adopted pursuant to the Home Rule powers granted to the City by Article XX of the Colorado Constitution, the Charter of the City of Colorado Springs, and the powers and authority conferred by the laws of the State of Colorado upon all municipal corporations.

   B.   Authority is granted to the Manager of the Planning Department, the Planning Commission established in section 7.5.202 (Planning Commission), and other officials and bodies named in Part 7.5.2 (Review and Decision-Making Bodies) for the interpretation and administration of the UDC pursuant to the authority granted to the City by the Charter of the City of Colorado Springs.

   C.   It is the intent of the City to have available all powers of a home rule municipality under Colorado law to control land uses, land development, and the impacts of land use and development.

   D.   It is the intent of the City to interpret and administer this UDC in compliance with all applicable state and federal law, and that if any provision of this UDC is later held by a court of competent jurisdiction to violate state or federal law the effect of that decision be interpreted narrowly, so that all other provisions of this UDC remain in full force and effect and that the invalidation affect as few parcels as possible.

   E.   If a court of competent jurisdiction declares any section, part, clause, or phrase of this UDC to be unconstitutional or invalid for any reason, that ruling shall not affect the validity of the remaining portion of this UDC. More specifically, if any development standard, sign regulation, procedure, or other requirement of this UDC is declared to be unconstitutional or invalid, this UDC shall be interpreted to produce a result as close as possible to that which would have occurred if the development standard, sign regulation, procedure or other requirement had not been ruled unconstitutional or invalid. (Ord. 23-03)

The purpose of this UDC is to:

   A.   Promote health, safety, and general welfare of the public;

   B.   Protect private property from adjacent nuisances such as incompatible uses and noise;

   C.   Implement the Colorado Springs Comprehensive Plan;

   D.   Establish the orderly subdivision of land;

   E.   Ensure the logical growth of the City's physical elements;

   F.   Encourage adequate multi-modal transportation facilities;

   G.   Promote opportunities for affordable and attainable housing throughout the City; and

   H.   Facilitate adequate provision of utilities, schools, parks, and other public infrastructure services.

   I.   Enhance the quality, diversity, and safety of neighborhoods by encouraging pride and investment. (Ord. 23-03)

The regulations of this UDC shall apply to all property within the corporate limits of the City of Colorado Springs, including land annexed into the City after the Effective Date. (Ord. 23-03)

City Council has the authority to interpret this UDC as it relates to land use decisions. (Ord. 23-03)

It shall be unlawful to use any building, structure, or land or to erect, move, structurally alter, convert, extend, or enlarge any building or other structure except in conformity with the requirements established in the zone district in which said structure, building, or land is located and in compliance with all applicable provisions of this UDC. (Ord. 23-03)

   A.   If two (2) or more of the regulations in this UDC conflict with each other, or conflict with other applicable laws or regulations of the City, or conflict with applicable state or federal law, the stricter provision shall apply, except as noted in Subsection B below.

   B.   If any regulation contained in Part 7.2.6 (Overlay Districts) conflicts with any other regulation in a different section of this UDC, the provisions of Part 7.2.6 shall apply regardless of whether it is more or less strict than the conflicting provision. (Ord. 23-03)

This UDC applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land

than a private covenant, provided however that the UDC does not supersede private covenants that are more restrictive unless specifically stated in this UDC. (Ord. 23-03)

   A.   Continuity Of Provisions: The provisions of this UDC that are substantially the same as previously existing Code provisions relating to the same subject matter shall be construed as restatements and continuations and not new enactments. Any actions pursuant to any previously existing ordinance shall not be affected by the enactment of this UDC, but such actions shall hereafter conform to this UDC.

   B.   Violations Continue: Any violation of a previously existing provision will continue to be a violation under this UDC and be subject to penalties and enforcement under Part 7.5.9 (General Enforcement), unless it complies with the provisions of this UDC.

   C.   Legal Nonconformities Under Prior Code: Any legal nonconformity under a previously existing Code provision will also be a legal nonconformity under this UDC, as long as the condition that resulted in the nonconforming status under the previous Code continues to exist. If a nonconformity under a previously existing Code provision becomes conforming because of the adoption of this Code, then the condition will no longer be a nonconformity.

   D.   Nonconforming Buildings And Structures, Lots, Site Features And Uses:

      1.   When a lot is used for a purpose that was a lawful use before the Effective Date of this UDC and this UDC no longer classifies such use as either a permitted use or conditional use in the zone district in which it is located, such use shall be considered nonconforming and shall be controlled by the provisions of Part 7.5.8 (Nonconformities).

      2.   Where any building or structure, lot, site feature, or use that legally existed prior to the Effective Date of this UDC does not meet all standards set forth in this UDC, such building or structure, lot, site feature, or use shall be considered nonconforming and shall be controlled by the provisions of Part 7.5.8 (Nonconformities).

   E.   Approved Applications:

      1.   Any completed application that is valid prior to the Effective Date of this UDC shall remain valid until its expiration date.

      2.   Approved applications and permits, including building permits and certificates of occupancy, shall remain effective until expired, revoked, or forfeited in accordance with the provisions of this UDC or other relevant codes or laws.

      3.   Any re-application for an expired application shall be required to meet the Code requirements in effect at the time of reapplication.

   F.   Map Interpretations: Questions or disputes regarding zoning designations on the zoning map resulting from adoption of this UDC shall be submitted to the Manager for written interpretation in accordance with Section 7.5.528 (Interpretation of UDC). (Ord. 23-03)

The effective date of this UDC shall be Monday, June 5, 2023 (the "Effective Date"). (Ord. 23-03)