The following zone districts are established as shown in Table 7.2.1-A. Each of the listed districts is described in the pages that follow.

 

(Ord. 23-03; Ord. 25-45)

Each property subject to this UDC shall comply with all applicable standards in the base and overlay zone district in which it is located, and shall, in addition, comply with all applicable standards and provisions in all other chapters of this UDC, including without limitation those in Article 7.3 (Use Regulations) and Article 7.4 (Development Standards and Incentives). (Ord. 23-03)

   A.    Purpose: This zone district accomm odates large lot residenti al develop ment and agricultu ral purposes on lands that are, in most cases, on the peripher y of the City limits but may become more urban in the future. Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table. The activities permitted in the A zone district should not be detrimental to adjacent urban land uses. The types, size, and intensity of permitted uses encourages and protects agricultural uses until urban development occurs. This zone district may serve as a holding zone for future development of recently annexed properties.

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards:

      1.   Reference Part 7.3.3 for additional use-specific standards. (Ord. 23-03)

   A.   Purpose: This zone district accommodates large lots primarily for low-density, detached single-family residential uses. Land uses are as indicated in Table 7.3.2-A (Base and NNA-O District Use Table).

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards:

      1.   Reference Part 7.3.3 for additional use-specific standards. (Ord. 23-03)

   A.   Purpose: This zone district accommodates medium-sized lots with a minimum size of nine thousand (9,000) square feet primarily for detached single-family residential uses. Land uses are as indicated in Table 7.3.2-A (Base and NNA-O District Use Table).

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards:

      1.   Reference Part 7.3.3 for additional use-specific standards. (Ord. 23-03)

   A.   Purpose: This zone district accommodates single-family residential uses on lots with a minimum size of six thousand (6,000) square feet. Land uses are as indicated in Table 7.3.2-A (Base and NNA-O District Use Table).

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards:

      1.   Reference Part 7.3.3 for additional use-specific standards. (Ord. 23-03; Ord. 25-45)

   A.   Purpose: The R-2 zone district accommodates detached single-family and two-family (duplex) residential uses on a single lot larger than five thousand (5,000) square feet, or duplex structures on separate lots provided each lot is larger than three thousand five hundred (3,500) square feet. Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table.

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards:

      1.   Reference Part 7.3.3 for additional use-specific standards. (Ord. 23-03; Ord. 25-45)

   A.   Purpose: The R-4 zone district accommodates attached and detached single-family, two-family, and small multi-family dwelling structures. Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table. Development is intended to be adjacent to collector or arterial streets, in transition areas at the edges of low-density neighborhoods, and in areas adjacent to R-Flex, Mixed-Use, or PDZ districts where similar densities or intensities of development are permitted.

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards:

      1.   Reference Part 7.3.3 for additional use-specific standards. (Ord. 23-03; Ord. 25-45)

   A.   Purpose: The R-5 zone district accommodates attached and detached single-family, two-family, and multi-family dwelling structures at the highest density permitted in the City's standard residential districts (non-R-Flex). Land uses are as indicated in Table 7.3.2-A (Base and NNA-O District Use Table). It is intended for use in areas adjacent to the FBZ district or R-Flex, Mixed-Use, or PDZ districts where similar or higher densities or intensities of use are permitted.

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards:

      1.   Reference Part 7.3.3 for additional use-specific standards. (Ord. 23-03; Ord. 25-45)

   A.   Purpose: The R-Flex Low zone district accommodates a mix of, for example, detached and attached housing types up to a maximum residential density of up to six (6) dwelling units per acre. The layout of permitted housing types and densities shall be as shown in a Land Use Plan approved pursuant to Section 7.5.514 (Land Use Plan). Land uses are as indicated in Table 7.3.2-A (Base and NNA-O District Use Table).

   B.    Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards:

      1.   Each Development Plan or any phasing plan based on the approved Land Use Plan shall meet the established density of the district.

      2.   Reference Part 7.3.3 for additional use-specific standards. (Ord. 23-03)

   A.   Purpose: The R-Flex Medium zone district accommodates a mix of detached and attached low- to medium-density housing up to a maximum residential density of five (5) to sixteen (16) dwelling units per acre. A mix of dwelling and/or lot types, building forms and architecture, and design is strongly encouraged to break up monotony and provide a variety of housing options. The layout of permitted housing types and densities shall be as shown in a Land Use Plan approved pursuant to Section 7.5.514 (Land Use Plan). Land uses are as indicated in Table 7.3.2-A (Base and NNA-O District Use Table).

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards:

      1.   Each Development Plan or Phasing Plan based off the approved Land Use Plan shall meet the established density of the district.

      2.   Each development shall comply with all applicable standards relating to Compact Lots in this UDC.

      3.   Reference Part 7.3.3for additional use-specific standards.(Ord. 23-03)

   A.   Purpose: The R-Flex High zone district accommodates detached and attached medium- to high-density housing up to a maximum residential density of fifteen (15) to thirty (30) dwelling units per acre. The layout of permitted housing types and densities shall be as shown in a Land Use Plan approved pursuant to Section 7.5.514 (Land Use Plan). Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table.

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards

      1.   Each Development Plan or Phasing Plan based off the approved Land Use Plan shall meet the established density of the district.

      2.   Each development shall comply with all applicable standards relating to Compact Lots in this UDC.

      3.   Reference Part 7.3.3 for additional use-specific standards. (Ord. 23-03)

   A.   Purpose: The OR district accommodates a mix of residential uses, low intensity office uses, and compatible low-intensity commercial uses. Land uses are as indicated in Table 7.3.2-A (Base and NNA-O District Use Table). OR zone districts are intended to generally located at the edges of, or internal to, a residential neighborhood, at a local street intersection with a collector or arterial street. OR zone districts are intended to accommodate a limit mixed of non-residential uses that will have minimal impact on nearby residential neighborhoods and have safe and convenient pedestrian and bicycle access. The layout of permitted use types shall be as shown in a Land Use Plan approved pursuant to Section 7.5.514 (Land Use Plan).

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards:

      1.   When land is zoned into this zone district after the Effective Date, the Manager may require that a Land Use Plan be approved along with the rezoning. A Land Use Plan that integrates multi-family uses may qualify the development for incentives pursuant to Section 7.4.202 (Incentives).

      2.   Reference Part 7.3.3 for additional use-specific standards. (Ord. 23-03; Ord. 25-45)

   A.   Purpose: The MX-N zone district provides opportunities for a compact mix of, for example, low intensity neighborhood-serving commercial, office, institutional, low-scale multi-family residential uses. Land uses are as indicated in Table 7.3.2-A (Base and NNA-O District Use Table). MX-N zone districts are generally located at the edges of, or internal to, a residential neighborhood, at a local street intersection with a collector or arterial street. MX-N zone districts are intended to maintain the scale of the adjacent neighborhood, to avoid establishments so large that they serve as destinations for persons from outside the neighborhood, and to have safe and convenient pedestrian and bicycle access. The layout of permitted use types shall be as shown in a Land Use Plan approved pursuant to Section 7.5.514 (Land Use Plan).

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards:

      1.   When land is zoned into this zone district after the Effective Date, the Manager may require that a Land Use Plan be approved along with the rezoning. A Land Use Plan that integrates multi-family uses may qualify the development for incentives pursuant to Section 7.4.202 (Incentives).

      2.   Reference Part 7.3.3 for additional use-specific standards. (Ord. 23-03)

   A.   Purpose: The MX-T zone district accommodates, for example, colleges and universities and uses customarily associated within and in close proximity to those institutions, including commercial, office, institutional, and residential. Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table. MX-T zone districts are intended to encourage a walkable urban design with green space that is supportive of pedestrian and bicycle-friendly land uses and compatible with the scale of nearby residential neighborhoods. The layout of permitted use types shall be as shown in a Land Use Plan approved pursuant to Section 7.5.514 (Land Use Plan).

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards:

      1.   When land is zoned into this zone district after the Effective Date, the Manager may require that a Land Use Plan be approved along with the rezoning. A Land Use Plan that integrates multi-family uses may qualify the development for incentives pursuant to Section 7.4.202 (Incentives).

      2.   Reference Part 7.3.3 for additional use-specific standards. (Ord. 23-03)

   A.   Purpose: The MX-M zone district accommodates a mix of, for example, commercial, retail, office, multi-family residential, and civic uses. Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table. MX-M zone districts are intended to accommodate the development of new activity centers in emerging growth areas, as well as to promote the adaptive reuse or redevelopment of single-use commercial centers that are vacant or underused, or of other obsolete buildings or properties. Activities and uses within MX-M zone districts may be horizontally or vertically mixed based on their density and intensity but should be organized in a compact pattern that promotes pedestrian activity, provides a variety of outdoor gathering spaces, supports multimodal access and circulation, and minimizes impacts on established residential neighborhoods. The layout of permitted use types shall be as shown in a Land Use Plan approved pursuant to Section 7.5.514 (Land Use Plan).

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards:

      1.   When land is zoned into this zone district after the Effective Date, the Manager may require that a Land Use Plan designating the percentage of land in the zone district to be occupied by residential or nonresidential uses be approved along with the rezoning. A Land Use Plan that integrates multi-family uses may qualify the development for incentives pursuant to Section 7.4.202 (Incentives).

      2.   Reference Part 7.3.3 for additional use-specific standards. (Ord. 23-03)

   A.   Purpose: The MX-L zone district accommodates a high-intensity mix of, for example, commercial, retail, office, hotels, restaurants, entertainment, and multifamily residential uses. Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table. MX-L zone districts typically serve the City as a whole and have significant traffic generation potential. Some MX-L zone districts may also include uses that have a regional draw. Uses in MX-L zone districts may be mixed horizontally or vertically mixed depending on their density and intensity. MX-L zone districts should be organized to promote synergy among uses, combine destinations, support more effective transit service, and provide viable pedestrian and bicycle access and circulation. MX-L zone districts should have direct access to existing or planned major transportation facilities and be designed to promote compatibility with adjacent land uses. The layout of permitted use types shall be as shown in a Land Use Plan approved pursuant to Section 7.5.514 (Land Use Plan).

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards:

      1.   When land is zoned into this zone district after the Effective Date, the Manager may require that a Land Use Plan that designates the percentage of land that may be occupied by residential or nonresidential uses. A Land Use Plan that integrates multi-family uses may qualify the development for incentives pursuant to Section 7.4.202 (Incentives).

      2.   Reference Part 7.3.3 for additional use-specific standards. (Ord. 23-03)

   A.   Purpose: The MX-I zone district is intended to provide a framework for the development of, for example, unique cultural, resort, recreational, educational, or institutional developments that may attract visitors from both within and outside the Colorado Springs metropolitan area, and for complex institutional campuses such as colleges, universities, and research centers that promote economic development, workforce development, and tourism in the City. The layout of permitted use types shall be as shown in a Land Use Plan approved pursuant to Section 7.5.514 (Land Use Plan). Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table.

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards

      1.   When land is zoned into this MX-I zone district after the Effective Date, approval of a Land Use Plan pursuant to Section 7.5.514 (Land Use Plan) is required prior to any development on the land. Lands zoned into the former SU or PCR zone districts prior to the Effective Date shall remain subject to any plans, conditions, or restrictions applicable under the pre-existing zoning or related zoning and land use approvals, but do not need to obtain approval of a Land Use Plan unless the Manager determines that the proposed development is of a size or intensity that was not anticipated, or creates potential impacts on the surrounding areas that were not considered, at the time of prior zoning or Land Use Plan approval. (Ord. 23-03)

   A.   Purpose:

      1.   To implement the Colorado Springs Comprehensive Plan by promoting development that is characterized by a sustainable, efficient, and adaptable urban form in areas that have had, or will have, the benefit of detailed context-sensitive public planning processes.

      2.   To provide a method of regulating the use and development of buildings, and address how buildings relate to surrounding development and public infrastructure with less focus on the separation and regulation of particular land uses.

      3.   To provide a zoning option that allows for and accommodates the changing uses of buildings while maintaining the integrity and viability of the public realm, with an emphasis on intermodal transportation options, pedestrian linkages, and orientation.

      4.   To encourage flexibility, innovation of design, and a variety of development types that will improve the quality of physical development over that normally achieved through the application of the City's standard single use zones, and when the Planned Development Zone (PDZ) and mixed-use (MX) zoning options are not sufficient for providing the desired flexibility and innovation.

   B.   Requirements:

      1.   The allowable urban form and the treatment of the public realm define the FBZ district. Uses allowed in this zone are determined at the time of approval or amendment of a FBZ regulating plan. Development standards are determined by the FBZ regulating plan, the Development Plan, and a development agreement, if applicable.

      2.   The requirements of a FBZ district are specific and prescriptive and are not intended to be design guidelines. The specificity of the requirements provides certainty for applicant neighborhoods and City staff. The minimum standards of the requirements imposed by a FBZ regulating plan are not intended to limit design creativity or adaptation to unique site or neighborhood conditions.

      3.   Each FBZ district and regulating plan shall allow integrated, attached, and detached ADUs wherever single-family detached dwellings are allowed. Said ADUs shall comply with the development standards set forth by the FBZ regulating plan or subsection 7.3.304.E (Dwelling, Accessory), whichever are less restrictive.

   C.   Establishment of Form, Mix, and Intensity of Land Uses: The form and intensity of all buildings (including dimensional requirements) shall be established during review and approval of the FBZ regulating plan. Additionally, the FBZ regulating plan shall establish detailed requirements governing the relationships between all buildings and the public realm and shall identify any limitations to the land use types or land use mix allowed in the district. Uses identified in the regulating plan shall be permitted.

   D.   Common Area Maintenance: The Regulating Plan must address maintenance of common areas when improvements and maintenance needs are beyond standard City responsibility.

   E.   Subdivision and Public Improvements:

      1.   An approved Development Plan for the entire area of land proposed to be included within the Subdivision Plat is required before subdivision of the FBZ district or issuance of Building Permits. This does not preclude the platting of the entire FBZ district as one lot prior to the approval of a Development Plan.

      2.   Requirements for public improvements within a FBZ district, including off-site public improvements, shall be established and obligated in conjunction with the subdivision platting or Development Plan processes.

   F.   Development Agreements: See Section 7.5.414 (Development Agreements).

   G.   Regulatory Incentives: As part of the regulating plan approval process, regulatory incentives may be provided in the FBZ districts to encourage and facilitate creative form-based development.

      1.   Inherent Flexibility: The FBZ regulating plan process allows significant inherent flexibility. Development standards prohibited and allowed uses, and parking standards may be adopted to be permissive and not limiting, provided that this flexibility still results in implementation of the overall form-based objectives of the FBZ Regulating Plan.

      2.   Staff Authority: The ordinance creating an FBZ district may include broad staff authority to grant administrative relief from specified development and design standards, but shall not authorize administrative relief from the standards of Parts 7.4.6 (Grading and Erosion Control), 7.4.7 (Stormwater), or 7.4.8 (Floodplains).

   H.   Alternative FBZ Compliance and Vesting:

      1.   An FBZ regulating plan may include procedures and criteria that allow an applicant to propose alternative FBZ compliance to the strict application of design standards included in the Regulating Plan. An FBZ regulating plan may provide for longer vesting of property rights to be allowed in conjunction with an approved Development Plan. (Ord. 23-03; Ord. 25-45)

   A.   Purpose: The BP zone district accommodates a limited group of, for example, professional, administrative, research, manufacturing, and light industrial uses. Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table. Uses suitable for BP zone districts have operations that are quiet and clean to ensure the creation and maintenance of an environment that will protect the occupants of the business park from unintended adverse traffic, noise, or performance impacts. BP zone districts shall be located on lands that are suitable for industrial development, have adequate traffic capacity for the anticipated mix of uses as shown on the Major Thoroughfare Plan and applicable Land Use Plans. Before proceeding with any development, an applicant rezoning land to the BP zone district must obtain approval of a Land Use Plan pursuant to Section 7.5.514 (Land Use Plan).

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

   C.   Additional Standards:

      1.   When land is zoned into the BP zone district after the Effective Date, approval of a Land Use Plan pursuant to Section 7.5.514 (Land Use Plan) is required prior to any development on the land. Lands zoned into the former PIP-1 or PIP-2 zone districts prior to the Effective Date shall remain subject to any plans, conditions, or restrictions applicable under the pre-existing zoning or related zoning and land use approvals, but do not need to obtain approval of a Land Use Plan unless the Manager determines that the proposed development is of a size or intensity that was not anticipated, or creates potential impacts on the surrounding areas that were not considered, at the time of prior zoning or Land Use Plan approval. (Ord. 23-03)

   A.   Purpose: The LI zone district accommodates, for example, light industrial uses and commercial uses that are complementary or compatible to light industrial uses. Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table.

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

(Ord. 23-03)

   A.   Purpose: The GI zone district accommodates, for example, general industrial uses that may have significant traffic, noise, or operational impacts on the surrounding area. Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table. Before proceeding with any development, an applicant rezoning land to the GI zone district must obtain approval of a Land Use Plan pursuant to Section 7.5.514 (Land Use Plan). General industrial uses should provide appropriate areas for industrial activities; minimize or mitigate traffic congestion and overloading of utilities; ensure compatibility with adjacent land uses through the use of buffers or other mitigation measures; and mitigate excessive noise, illumination, unsightliness, odor, smoke, hazards, and other objectionable influences.

   B.   Dimensional Standards: The following table is a summary of key district-specific dimensional standards. Complete dimensional standards, including standards for accessory structures, are included in Part 7.4.2 (Dimensional Standards) and Section 7.3.304 (Accessory Uses).

 

(Ord. 23-03)

   A.   Purpose: The PF zone district is provided for land that is, for example, used or being reserved for a governmental, utility, or telecommunication purpose by the City of Colorado Springs, El Paso County, the State of Colorado, the Federal government, a public utility, a telecommunications provider, or a private provider of a traditional government function. Generally, the existing or proposed use is a unique governmental or utility service or a governmental function. Uses allowed in the PF zone district generally include governmental functions or utility services provided by the City of Colorado Springs, El Paso County, the State of Colorado, the Federal government, or a public utility and to private facilities that perform traditional government functions such as jails and halfway houses. Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table. The PF zone district is not intended to include public park or major public institutional uses.

   B.   Designation or Expansion of a PF Zone District: Designation or expansion of a PF zone district requires a determination that a public need exists, and that the use and location are compatible with adjacent land uses. Special consideration should be given to conditions regarding setbacks from adjacent uses or property lines, landscaping, screening, access, and the placement and size of signs and amount of parking may be approved with the establishment of the zone district.

   C.   Dimensional Standards: Development standards such as lot size, setbacks, and maximum height are determined at the time of Development Plan review.

   D.   Development Plan Required: A Development Plan shall be approved before any Building Permits may be issued or before construction of any public facility or utility may begin. (Ord. 23-03)

   A.   Purpose: The purpose of the APD zone district is to enable development that, for example, includes a mix of airport compatible uses located and designed consistent with the Colorado Springs Municipal Airport Master Plan. Land uses may include high-quality corporate office and business parks, as well as complementary hotel and conference facilities, and limited supporting retail, commercial, and service uses. Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table. Before proceeding with any development, an applicant rezoning land to the APD zone district after the Effective Date must obtain approval of a Land Use Plan pursuant to Section 7.5.514 (Land Use Plan).

   B.   Dimensional Standards: Development standards such as minimum lot size, setbacks, and maximum height are determined at the time of zoning and Development Plan review.

   C.   Additional Standards:

      1.   When land is zoned into this zone district after the Effective Date, approval of a Land Use Plan pursuant to Section 7.5.514 (Land Use Plan) is required prior to any development on the land. Lands zoned into the former APD zone district prior to the Effective Date shall remain subject to any plans, conditions, or restrictions applicable under the pre-existing zoning or related zoning and land use approvals, but do not need to obtain approval of a Land Use Plan unless the Manager determines that the proposed development is of a size or intensity that was not anticipated, or creates potential impacts on the surrounding areas that were not considered, at the time of prior zoning or Land Use Plan approval.

      2.   The allowed uses on each Land Use Plan must conform with the uses designated and set forth on the adopted Colorado Springs Municipal Airport Master Plan. (Ord. 23-03)

   A.   Purpose: The PK zone district is intended for land set aside for use as, for example, public recreation and Open Space. Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table. These parks may include playground equipment, athletic fields, sport courts, swimming pools, and other facilities and programmed activities normally associated with public parks. Parks may also be reserved for natural or environmental reasons, such as preservation of wildlife, vegetation, or significant natural, cultural, or historic resources.

   B.   Establishment and Development of a PK Zone: The establishment of a PK zone district shall follow procedures outlined for a rezoning of land in Article 7.5: Administration and Enforcement. Subsequently, all development activities associated with a particular PK zone district shall comply with a Park Master Plan for that zone district that shall be reviewed and approved at a public hearing by the Parks and Recreation Advisory Board. The decision of the Board may be appealed to the appropriate governmental agency. The Board or the City Council may add protective restrictions regarding setbacks from adjacent uses or property lines or the location and amount of parking to the approval of the Park Master Plan. Amendments to the Park Plan shall follow the procedure required for the original plan.

   C.   Dimensional Standards: All development activities and standards shall be determined by the approved Park Master Plan.

   D.   Review Criteria: Where Land Use Plan approval pursuant to Section 7.5.514 (Land Use Plan) is required, it shall be reviewed for compliance with the following review criteria:

      1.   Minimize impacts of scale, traffic, and parking on surrounding residential zone districts;

      2.   Compliance with the Park System Master Plan; and

      3.   Compliance with the City's Comprehensive Plan. (Ord. 23-03)

   A.   Findings and Purpose: City Council finds and determines that:

      1.   Certain land uses that are determined by the Federal Aviation Administration (FAA), pursuant to 14 CFR Part 77, to create, establish, enhance, or maintain hazards to air navigation are a public nuisance and an injury to the communities served by the airports.

      2.   In the interest of the public health, public safety and welfare, no creation, enhancement, establishment, and/or maintenance of hazards to air navigation shall be granted unless a variance, waiver of standard(s) or other development approval is granted pursuant to this UDC.

      3.   The free and unobstructed passage of all aircraft, regardless of its owner or operator, in, through and across all of the airspace above the communities served by airports is a defined right set forth in title 49 United States Code ("USC") Sections 40102(a)(30) and 40103(a)(2), title 14 CFR, Chapter I, Parts 91, 101, and 103, as amended, including but not limited to 14 CFR Part 91.119, or any similar statute or regulation that may later be enacted or amended in total or in part; and including but not limited to C.R.S. §§ 41-4-101, 41-4-106 and 41-4-107, as amended, or any similar regulation or statute that may later be enacted or amended in total or in part.

      4.   Nonconforming uses may be created that are subject to the nonconforming use rights and restrictions as established by this UDC.

      5.   A person seeking a variance, waiver of standard(s) or other development approval shall, upon receipt of a reasonable request, grant, and record an avigation easement as a condition of approval of a variance, waiver of standard(s), or other development approval sought as a standard condition of development.

      6.   The City intends to exercise the full extent of its authority under C.R.S. Title 41 to establish a method for the acquisition of airport protection privileges for public purposes as a matter of public necessity.

      7.   These regulations are appropriate and necessary to implement the Colorado Springs Comprehensive Plan.

   B.   Airport Overlay District and Subzone Map: This AP-O district shall be shown on an approved AP-O district map, which is part of the official zoning map, and which may be amended from time to time.

   C.   Airport Overlay District Uses: To minimize the negative impacts that certain uses, some land uses are conditional or prohibited in the AP-O district, even if they are allowed in the base zone district. See Table 7.3.2-B: Additional Overlay District Use Table in Section 7.3.202 (Additional Overlay District Use Table) for a full list of limited or prohibited uses.

   D.   Development Requirements: All development shall comply with the following requirements:

      1.   Requirements Prior to Building Permit Issuance: Within the Airport Navigation (ANAV) subzone the following requirements apply and must be met prior to Building Permit issuance:

         a.   Unless previously granted for the property, an avigation easement must be granted and recorded.

         b.   Referral to Airport Advisory Commission or its designee for review and comment to ensure that any proposed structure does not penetrate the elevations shown on the Colorado Springs Airport Map.

         c.   Referral to Airport Advisory Commission or its designee for review and comment is required if the land use or permit request is for a communication facility, wastewater treatment facility, lift station or other use that uses electronic communications or emitting electromagnetic radiation that may create electrical interference with radio communication and navigational aids.

      2.   Requirements for New Development, Rezoning, or Subdivision: Within the ANAV subzone the following requirements apply for new development, rezoning, or Subdivision Plat:

         a.   Airport Advisory Commission or its designee shall review and comment on all applications.

         b.   As a condition of approval, the applicant shall grant and record an avigation easement for the benefit of the Colorado Springs Airport.

         c.   For Subdivision Plats or replats, the avigation easement recording information shall be referenced in the notes section of the plat.

      3.   Additional Requirements Within Airport Noise Subzone (ADNL): The following are necessary prior to the issuance of a Building Permit for any development within the sixty-five (65) DNL airport noise zone (ADNL), if not previously completed as a part of new development:

         a.   Airport Advisory Commission or its designee shall review and comment upon all applications.

         b.   For proposed development within an existing residential zone, a noise level reduction of thirty (30) dBA shall be achieved, and evidence of a noise reduction certificate provided.

         c.   Any rezoning of residentially zoned property to another residential or multi-family zone district shall not increase density beyond that permitted by the current zoning of the property.

         d.   Nonresidential land uses as identified in Table 7.3.2-B: Additional Overlay District Use Table are considered a conditional use unless a thirty (30) dBA noise reduction is achieved, and evidence of a noise reduction certificate provided.

      4.   Construction or Alteration Requiring FAA Notice:

         a.   Notice to FAA shall be provided as required by 14 CFR Part 77, as amended, or any similar regulation or statute that may later be enacted in total or in part for:

            (1)   Any person proposing construction or alteration of an improvement; and

            (2)   Any proposed construction of greater height than an imaginary surface extending outward and upward at a slope of 100:1 (i.e., one (1) foot of height for each one hundred (100) feet of distance) from the nearest point of the nearest runway through the length of the RPZ.

         b.   Any notice required by this Section 7.2.601 (AP-O: Airport Overlay) shall be on FAA form 7460-1, "Notice of Proposed Construction or Alteration." Notice required under this part shall be completed and a determination from the FAA be made as an attachment to Title 30 applications, where required.

      5.   Installation and Maintenance of Marking or Lighting on Improvements Requiring FAA Notice: In granting any approval or permission under this UDC, the City Council may, if it deems an action advisable to carry out the purposes of this Section 7.2.601 and reasonable in the circumstances, condition any development approval to require the owner of the improvement conditioned by the FAA at the time these regulations are adopted, to install, operate, and maintain at the person's expense, markers and lights as may be necessary to indicate to aviators the presence of an obstruction to flight. The Manager may, with the permission of the person and at the person's expense, own, install, and operate upon improvements so conditioned by the FAA at the time these regulations are adopted, markers or lights as may be necessary. After initial installation, the Manager may, upon written notice to the person, require the person to maintain those markers or lights in conformance with the standards of the FAA. Any person who fails to install, operate, or maintain a marker or light or pay the required expenses shall be charged with a misdemeanor for creating a hazard.

      6.   Prohibited Improvements: No improvement shall be erected, altered, or allowed to grow, or shall be maintained in any portion of the AP-O district that is in excess of any of the airport imaginary surfaces described in this Section 7.2.601 .For purposes of computation, the base level of the site shall be the highest point on which a structure is proposed as shown on USGS 1: 24,000 quad. In cases where conflicts exist, the USGS datum shall apply, except in cases in which the developer submits detailed engineering data that would result in alteration of the USGS datum.

      7.   Electrical Interference: Notwithstanding any other provisions of this Section 7.2.601, no use may be made of land within any zone established by this Section in a manner that creates electrical interference with radio communication or navigational aids between the airport and aircraft, makes it difficult for flyers to distinguish between airport lights and others, results in glare in the eyes of flyers using the airport, impairs visibility in the vicinity of the airport or otherwise endangers the landing, taking off or maneuvering of aircraft.

      8.   Conflicts: In cases in which the provisions of the AP-O district and the underlying zone conflict, the more restrictive provisions shall apply. (Ord. 23-03)

   A.   Purpose: The purpose of establishing an airport overlay zone district around the United States Air Force Academy is to maintain the safety of the navigable airspace and to be free of obstacles in and around the Academy's airfield in compliance with 14 Code of Federal Regulations (CFR) Part 77.

   B.   Airport Overlay District: This AF-O district shall be shown on an approved AF-O district map, part of the official zoning map, which may be amended from time to time.

   C.   Development Requirements: Within the AF-O district, Development Plans shall provide the notes referenced in Section 7.5.515 (Development Plan), and Subdivision Plats shall provide the notes referenced in Section 7.5.517 (Subdivision Related Procedures - General). (Ord. 23-03)

   A.   Purpose and Objectives:

      1.   Certain areas of the City are characterized by intermittent and perennial streams that provide significant wildlife habitat, riparian vegetation, water quality protection, flood protection, open space, and multiuse trail opportunities that add to the character, attractiveness, and quality of life of the community. The purpose of the SS-O district is to guide the development and maintenance of the property adjacent to these stream corridors in a manner that is compatible with the environmental conditions, constraints, and character of these areas.

      2.   It is the objective of this Section 7.2.603 to protect and enhance streamside areas by promoting planned development within the SS-O district to the extent that those developments comply with the Streamside Development Plan review criteria and the streamside protection standards found in this Section.

      3.   To minimize the negative impacts that certain uses have on streams and streamside areas, some land uses are conditional or prohibited in the SS-O district, even if they are allowed in the base zone district. See Table 7.3.2-B: Additional Overlay District Use Table in Section 7.3.202 (Additional Overlay District Use Table) for a full list of limited or prohibited uses

   B.   Applicability: The SS-O district encompasses all land within the stream channel, stream adjacent wetlands, and within the inner and outer buffers, as represented by the SS-O district boundaries as shown on the official zoning map, and all land within one hundred and fifty (150) feet of the outer buffer. SS-O district requirements are not applicable to those wetland areas that extend beyond the mapped SS-O district boundary. However, wetlands that are wholly or partially outside of the mapped SS-O district shall be analyzed and protected as indicated or recommended by a Land Suitability Analysis, when required.

   C.   Development Plan Review Criteria:

      1.   In addition to the Development Plan review criteria set forth in Section 7.5.515 (Development Plan), all Development Plans submitted for review for property wholly or partially contained within the SS-O district shall be consistent with the recommendations of the Streamside Design Guidelines Manual, the Land Suitability Analysis, if required, and shall conform with the following Streamside Development Plan review criteria.

      2.   The project justification statement shall be used to evaluate compliance with the review criteria, shall include a narrative discussion of how each streamside development plan review criteria has been considered and applied in the design of the project, and shall demonstrate consistency with the opportunities and constraints identified in the project's land suitability analysis. This requirement may be satisfied by the written summary submitted with the land suitability analysis if that summary has been broadened to include analysis of the streamside development plan review criteria, including:

      3.   Has the natural landform been maintained within the overlay area and does grading conform to the specific grading limitations of this Section as well as all other City grading and filling regulations?

      4.   Does the development incorporate the stream ecosystem into the project design and complement the natural streamside setting? Has the project been designed to link and integrate adjacent properties with the stream corridor using accessways, creek front plazas, employee recreational areas or other site planning and landscaping techniques which include the stream corridor as an amenity?

      5.   Has the project been designed to minimize impact upon wildlife habitat and the riparian ecosystem which exists on or adjacent to the site? Does the project design protect established habitat or any known populations of any threatened or endangered species or species of special concern?

      6.   Have existing or potential community trail networks and other recreational opportunities been identified and incorporated into the project design?

      7.   Has the project been designed to protect the subject property from potential flood damage and to accommodate flood storage and conveyance needs?

      8.   Have all significant natural features within the project streamside area been identified, and has the project been designed to minimize the impact on these features?

      9.   Does the project identify and implement the recommendations of any approved subarea plans (such as the City Greenway Master Plan, City Open Space plan or a specific drainage basin planning study) and of any approved public works projects and habitat conservation plans?

      10.   Does the project design:

         a.   Implement a riparian buffer between the developed portions of the site and the adjacent waterway to assist in preventing point and nonpoint source pollutants and sediment from entering the waterway?

         b.   Exclude impervious surfaces from the inner buffer zone and meet imperviousness restrictions across the entire overlay area on the site?

         c.   Incorporate all stormwater PCMs required by Stormwater Enterprise throughout the developed site and adjacent to the buffer to encourage on site filtration of stormwater and protect water quality?

         d.   Incorporate visual buffers of the stream between identified existing and/or proposed projects on opposing sides of the stream?

      11.   Are inner and outer buffer zone landscaping standards met and does the application meet all other requirements of Part 7.4.9 (Landscaping and Green Space)?

      12.   Have disturbed areas been revegetated to minimize erosion and stabilize landscape areas and does the project landscaping design specify plants selected from the riparian plant communities as set forth in Appendix A of the Landscape Policy Manual?

      13.   Have stream bank and slope areas been identified, including those over fifteen (15) percent slope, has the disturbance to these areas and any protective or stabilizing vegetative cover been minimized, and does the plan provide for the revegetation and stabilization of any disturbed areas required by this UDC?

      14.   Have opportunities to reclaim the drainageway been identified and implemented where practical? For this criterion, reclamation includes any action that improves the quality of that drainageway visually, functionally, or recreationally, and that brings the drainageway into a more natural condition.

   D.   Amendment of the Streamside Overlay Zone Boundary:

      1.   Establishment by Annexation: The boundary of the SS-O district may be established in conjunction with the determination of zone district classification of newly annexed areas for stream corridors that exhibit a continuation of the relevant stream characteristics and/or an established SS-O district.

      2.   Refinement: Refinements of the SS-O district that occur during the development review application process shall not require an ordinance to amend the overlay boundary if those refinements are otherwise consistent with this Section 7.2.603. Typical refinement includes the definition of the edge of the channel and the toe of the channel bank. The location of the stream channel and toe of the channel bank as illustrated on the official zoning map will be refined with the review and approval of every Streamside Development Plan and/or Streamside Site Plan. Proposed changes should be supported by a professional survey of the stream channel location, and approved changes shall be recorded on any plans submitted for the project site and may be reflected on the official zoning map from time to time without an additional amending ordinance being required. Once established by an approved Development Plan, the overlay boundary shall remain fixed without regard to changes in the associated stream cross section unless a subsequent change in the streamside overlay boundary is specifically requested by the applicant and mutually agreed to by the applicant and the Manager.

      3.   Stream Realignment: Major channel realignment or the elimination of existing stream channels that are identified on the SS-O district in the official zoning map require completion of the formal zone change procedures described in Article 7.5 and must be in conformance with the applicable Drainage Basin Planning Study described in Part 7.4.7 (Stormwater). The proposed realignment must include significant mitigation activities that replace and/or improve upon existing flood control, wildlife habitat, water quality, and aesthetic values.

   E.   Development Standards: This Subsection 7.2.603E describes the requirements for submittals, approvals, and administration of development review applications and identifies the streamside protection standards for development within the SS-O district.

      1.   Administration:

         a.   Streamside Land Use Plan Applications: Applications for Land Use Plans affected by the SS-O district shall be reviewed for consistency with this Section 7.2.603. These plans may be used to identify streamside overlay areas, establish buffer and impervious surface averaging determinations, and to average any other of the streamside standards across the entire respective plan area.

         b.   Streamside Development Plan Approval Required: For any property that is designated on the official zoning map as being within the SS-O district, no grading, filling, dumping, property disturbance or removal of trees or other significant vegetation shall occur, nor shall any building or structure be erected, nor shall any Subdivision Plat be approved until a Streamside Development Plan has been approved, pursuant to this Section 7.2.603 and Article 7.5: Administration and Enforcement.

         c.   Landscape Requirements: In addition to requirements outlined in Part 7.4.9 (Landscaping and Green Space), the Manager may apply additional landscape requirements when the Manager determines they are necessary to:

            (1)   Stabilize the channel bank;

            (2)   Provide additional screening within any one hundred and fifty (150) foot outer buffer expansion or if the property owner does not have the ability to provide the additional screening within the inner or outer buffer to provide a screen on their own property; or

            (3)   Protect wildlife habitat, connect wildlife corridors, or preserve sensitive environmental features.

         d.   Hillside Overlay Conflicts: Where the SS-O district overlaps a HS-O district, the requirements of the SS-O district shall supersede the requirements of the HS-O district within the overlap area.

         e.   Land Suitability Analysis:

            (1)   Purpose: The purpose of a Land Suitability Analysis is to provide the basic information about a site's physical characteristics and features. This analysis is used to assess the impact of proposed development across the entire project both on and off the site.

            (2)   Requirement:

               (a)   A Land Suitability Analysis shall be required in conjunction with the City's review of the following:

                  (i)    Streamside Land Use Plan.

                  (ii)    Streamside Development Plan.

               (b)   The analysis shall consist of both a written and graphic description and evaluation of the physical and environmental factors that affect the site.

               (c)   The Manager may waive certain elements of the Land Suitability Analysis or require additional analyses for sites that do not contain all of the elements listed, or sites that have unique considerations. The landowner or the authorized representative shall submit in writing a letter stating the reason for any requested waiver and list all exceptions being sought.

            (3)   Components of a Land Suitability Analysis: In addition to technical requirements listed on the City's website, the Land Suitability Analysis shall include the following components:

               (a)   Slope Analysis: The slope analysis identifies the ranges of slopes within proposed development and is used to assess the potential number of sites and preservation areas. The evaluation for this Section should consider the intensity of the development, the ability to provide infrastructure and emergency services access. Slope analysis shall be provided in the following increments and use a contour interval of two (2) feet:

                  (i)    Zero (0) to eight (8) percent slopes are generally suitable for development;

                  (ii)    Eight (8) to twelve (12) percent slopes present increased potential for engineering difficulties and moderate potential for activating site hazards;

                  (iii)    Twelve (12) to fifteen (15) percent slopes present increased potential for engineering difficulties and moderately high potential for activating site hazards;

                  (iv)    Fifteen (15) to twenty-five (25) percent slopes demonstrate a high potential for activating hazard potential; and

                  (v)    Slopes greater than twenty-five (25) percent have very high potential for development difficulty and severe hazard potential. Development on such slopes will not be supported.

               (b)    Vegetation and Wildlife: Grasslands, scrub oak and similar shrubs, and coniferous tree cover are major components of streamside areas. Analysis shall show the physical location of vegetation and the following items:

                  (i)    Identify major vegetation in native ecosystems;

                  (ii)    Scrub Oak (Gambrel Oak);

                  (iii)    Deciduous and evergreen trees between four (4) and twelve (12) inches or greater caliper size depending on density of trees onsite; and

                  (iv)    Native grass/ground cover/shrub massing.

                  (v)    Assessment of the WUI-O district; and

                  (vi)    Interface of development and native wildlife habitat and migration corridors.

               (c)   Geology Analysis: The Land Suitability Analysis shall demonstrate that the proposed development will comply with the standards in Part 7.4.5 (Geological Hazards).

               (d)   Analysis Package: The analysis shall include a composite map with the various components of the Land Suitability Analysis overlaid on a map to show a composite of opportunities and constraints, along with a written analysis of the existing site features and constraints and how the development of the site will occur in a manner which considers both the opportunities and constraints. The analysis shall also include mitigation for the site's physical constraints and hazards.

         f.   Assurances May Be Required: Where deemed necessary by the Manager, assurances may be required prior to or after approval of a grading plan or Building Permit as an offset to the potential cost of reparations to sensitive streamside areas where development is approved to take place adjacent to and/or within the SS-O district.

         g.   Streamside Site Plan Required: For those developments noted in Subsection 2.g(1) below, a Streamside Site Plan (SSP) may be submitted in place of a Streamside Development Plan. The SSP submittal shall not require a Land Suitability Analysis unless otherwise required but shall be subject to all other requirements of this Section 7.2.603. Review of the SSP shall occur at the time of the Building Permit application and shall be subject to the normal procedural and administrative requirements for these applications.

      2.   Streamside Protection Standards: The purpose of this Subsection E.2 is to prescribe streamside protection standards that apply to development projects located within the SS-O district. Approval of a Streamside Development Plan will demonstrate that the development project meets or exceeds the Streamside Development Plan review criteria and satisfies all of the following streamside protection standards. This Subsection will identify the purpose and characteristics of the three (3) stream types and the three (3) regulatory zones of each stream type, and will prescribe for each stream type and/or buffer zone: a) the recommended acceptable streamside improvements and protective measures, b) the permitted, prohibited, and/or conditional land uses, c) the allowable site impervious area permitted, and d) specific provisions regarding grading, landscaping, and wall and fence construction.

         a.   Stream Types and Streamside Buffer Zones:

            (1)   Stream Types Defined:

               (a)   Three (3) stream types may be represented on the SS-O district as shown on the official zoning map. The typical characteristics of the stream types are as follows:

                  (i)    Type 1 Streams have a typical channel width greater than seventy-five (75) feet with buffers one hundred twenty (120) feet wide on both sides of the channel.

                  (ii)    Type 2 Streams have a typical channel width of twenty-five (25) to seventy-five (75) feet with buffers ninety (90) feet wide on both sides of the channel.

                  (iii)    Type 3 Streams have a typical channel width less than twenty-five (25) feet with buffers seventy-five (75) feet wide on both sides of the channel.

               (b)   Before the Effective Date, Type 1 Streams as described in Subsection (a) above were designated as Type 3 Streams, and Type 3 Streams as described in Subsection (a) above were designated as Type 1 Streams, and those earlier designations shall continue to apply to development approvals and permits related to land now included in the SS-O district and approved by the City before the Effective Date.

            (2)   Streamside Buffer Zones: Streamside buffer zones are established within a specified distance of the edge of the stream channel (toe of the channel bank) for each of the specific stream types. Specific buffer zones have been identified as significant based upon their typical size, natural and vegetative characteristics, wildlife habitat suitability, open space, recreational opportunities, and permitted and/or prohibited land use potential. All streamside zoned land falls within one of three (3) regulatory categories: a) stream channel, b) inner buffer zone, or c) outer buffer zone. Uses, landscaping standards, grading, and impervious surface limitations differ between the inner and outer buffer zones.

               (a)   Stream Channel: The protection of the stream channel is critical for flood mitigation, water quality, and wildlife habitat. It is identified as the area between the toe of both channel banks. All proposed uses for the stream channel are subject to the review and approval of the Stormwater Enterprise Manager and City Engineer. Wetland areas that are between defined channel banks and are contiguous to the stream itself are to be considered as part of the stream channel regulatory category. Stream bank stabilization, restoration activities, trail crossings, and flood control activities are typically the only permitted activities within the stream channel.

               (b)   Inner Buffer Zone: The inner buffer zone is measured outward from the toe of the channel bank. It is considered a preservation area where uses are restricted to flood control, Permanent Control Measures, landscaping, utility corridors, and recreational trails. Impervious surfaces are not permitted within the inner buffer zone. Specific permitted, prohibited and/or conditional uses, impervious surface limitations, grading limitations, and landscaping standards apply within the inner buffer zone.

               (c)   Outer Buffer Zone: The outer buffer zone extends from the outward edge of the inner zone to the outer extent of the overlay area. The full range of uses that are permitted in the base zone (unless listed as prohibited in Table 7.3.2-B: Additional Overlay District Use Table in Section 7.3.202 (Additional Overlay District Use Table) are permitted in the outer buffer zone. The outer buffer zone may often be an area of increased activity to improve the human relationship with adjacent stream areas. Specific permitted, prohibited and/or conditional uses, impervious surface limitations, grading limitations, and landscaping standards apply within the outer buffer zone. The following table indicates the streamside types, their associated streamside buffer zone widths, and a general vegetative and land use characteristic description:

 

 

         b.   Site Imperviousness Standards: Those portions of the subject parcel or project that fall within the inner or outer buffer zone of the SS-O district shall be allowed ten (10) percent impervious surface unless detention is provided. A Streamside Development Plan shall demonstrate that the impervious surface limitation standard is met.

            (1)   For purposes of determining percentage of impervious surface, the impervious surface calculation shall be based upon the area of the lot or project that is located within the inner and outer buffer zone of the SS-O district boundary.

            (2)   No impervious surface is permitted within the stream channel or inner buffer zone; it may only be located within the outer buffer zone area. Recreational trails within the overlay zone are exempt from impervious surface calculations and restrictions. Impervious surface outside the overlay zone is not regulated by this Section 7.2.603 and is only subject to coverage limitations imposed by the base zone, as applicable.

            (3)   Sites will be allowed up to two and a half (2.5) times the above indicated impervious surface allowances (i.e., twenty-five (25) percent imperviousness) if the Streamside Development Plan can provide either:

               (a)    Approved "Water Quality Capture Volume" (WQCV) treatment and detention which is acceptable to City Stormwater following current criteria. To quality for this partial relief of the imperviousness requirements, the detention area must fall outside of the 100-year floodplain, as amended and as it exists prior to any grading, filling and development activity. Determination of qualification under this part shall be made by the SWENT; or

               (b)    Streamside improvements that exceed drainage basin planning study requirements or other development standards and are acceptable to Stormwater Enterprise and the Planning Department. Improvements that will be considered include, but are not limited to, stream bank stabilization and grade control, replacing concrete stream channels with bioengineering or other stabilization techniques that allow more infiltration yet provide economical maintenance, ecological restoration activities including invasive species removal, riparian habitat restoration, and other significant ecological improvements. Designs under this option shall be approved by Stormwater Enterprise and the Planning Department.

         c.   Landscaping Requirements: In addition to the landscaping requirements in Part 7.4.9, any development project within the SS-O district is required to meet the following landscaping standards specific to the inner and outer buffer zones. Alternatives or adjustments as described by Section 7.4.913 (Alternatives and Adjustments) and the Landscape Policy Manual shall apply to the following requirements:

            (1)   Inner Buffer Zone: The inner buffer zone shall be vegetated with at least one (1) tree for every twenty (20) feet of stream frontage. Shrubs may be substituted for required trees at the rate of ten (10) #5 container shrubs for every tree, with no maximum percentage of shrub substitute. If the inner buffer zone corresponds with the 100-year floodplain, vegetation should be selected to both stabilize the channel bank and protect the stream's flood capacity. Existing appropriate riparian or upland vegetation within the inner buffer may count toward fulfilling this requirement if the tree caliper is at least two (2) to four (4) inches.

            (2)   Outer Buffer Zone:

               (a)   The outer buffer zone should be vegetated with at least one (1) tree for every thirty (30) feet of stream frontage. Shrubs may be substituted for required trees at the rate of ten (10) shrubs for every tree, with a maximum of fifty (50) percent shrub substitute. If the outer buffer zone corresponds with the 100-year floodplain, vegetation should be selected to both stabilize the channel bank and protect the stream's flood capacity. Existing appropriate riparian or upland vegetation within the outer buffer may count toward fulfilling this requirement if the tree caliper is at least two (2) to four (4) inches.

               (b)   The Manager may apply outer buffer landscaping requirement to the area up to one hundred fifty (150) feet beyond the outer buffer upon a finding that that the purpose of the SS-O district would be furthered due to the streamside characteristics of the area.

         d.   Fences and Retaining Walls:

            (1)   Fences constructed within the SS-O district shall be of an open design allowing the stream to be visible from the subject property unless opaque fencing is necessary due to the function and design of the site or where screening of the streamside use is needed for other streamside adjacent properties. Metal (chain-link or wire) may be added for security, but only as an attachment to a fence meeting the criteria in this Section. No fencing shall extend into the 100-year floodplain area.

            (2)   Where retaining walls are allowed within the SS-O district, retaining walls of up to seven (7) feet in maximum height may be permitted. The retaining walls will require appropriate landscape screening, and the linear extent of any one section of the retaining wall may not exceed two-thirds (2/3) of the length of the stream frontage or three hundred (300) feet, whichever is less. Where a change in the linear alignment of wall sections is required by this Section 7.2.603, the new alignment shall extend for not less than thirty (30) linear feet.

         e.   Drainage Requirements: Within the SS-O district, all stormwater facilities and improvements to channels shall be designed to comply with the standards of the Engineering Criteria.

         f.   Subdivision: Upon subdivision of a parcel that is in or partially in the SS-O district, the Manager may require as a condition of the Development Plan or Land Use Plan approval that a landscape plan covering all properties within the subdivision and SS-O district area be included in the application.

         g.   Exemptions: The purpose of this Subsection is to identify specific properties, projects, and/or development activities that may be exempted from all or a portion of the SS-O district regulations. A note shall be included on the Streamside Development Plan, Development Plan, or Streamside Site Plan identifying exemptions approved for the project. The only acceptable exemptions are as follows:

            (1)   Single Dwelling Residential Developments:

               (a)   New Residential Development: A single lot for a new single-family or two-family dwelling that is at least partially within the SS-O district may be reviewed as a Streamside Site Plan. Streamside Site Plans shall not require the submittal of a Streamside Development Plan or Land Suitability Analysis but shall otherwise be reviewed for compliance with the requirements of this Section.

               (b)    Residential Additions: Single residential dwellings located at least partially within the SS-O district that existed as of November 12, 2002, are exempt unless both of the following apply:

                  (i)    The proposed project requires a Building Permit; and

                  (ii)    Additional impervious surface and an increased building footprint is proposed that would increase the combined footprint and impervious surface area by fifty (50) percent or more than that which existed as of November 12, 2002.

            (2)   Expansion of Existing Nonresidential and Multi-Family Uses: Proposals to expand building footprints or accessory impervious areas of existing commercial, office, industrial, multi-family, mixed-use, and institutional uses by up to thirty (30) percent of the approved area as of November 12, 2002, are exempt from the SS-O district requirements as long as the following conditions exist:

               (a)   The land use is permitted within the base zone district.

               (b)   The land use is not a prohibited land use type within the streamside overlay zone as set forth in Table 7.3.2-B: Additional Overlay District Use Table in Section 7.3.202 (Additional Overlay District Use Table).

               (c)   The expansion project does not include any additional fill material within the overlay portion of the site.

               (d)   No new impervious surfaces are proposed within the inner buffer zone as described in Table 7.3.2-B in Section 7.3.202 (Additional Overlay District Use Table).

            (3)   Separated Development:

               (a)   Street Separated: Properties that meet the applicability standards of the SS-O district but are completely separated from the identified stream by a public or private street are not subject to the regulations of the SS-O district.

               (b)    Functionally Separated: Properties that are adjacent to open stormwater drainage channels that are completely lined with concrete may be exempted from the requirements of the SS-O district. A project may be exempted if the Manager determines that the portion of the property that is contained within the SS-O district does not:

                  (i)    Exhibit any of the important riparian characteristics or recreational opportunities that are intended to be enhanced through the application of the SS-O district; and

                  (ii)    The proposed development activities will not adversely impact on site or downstream riparian values.

                  If exempted, the project shall be reviewed pursuant to the standard Development Plan and grading procedures applicable to the base zone.

            (4)   Exempted Projects and Uses: The following shall be exempt from the SS-O district regulations.

               (a)   Work to install, replace, repair, rehabilitate or maintain public facility infrastructure, including public utility wires, water lines, natural gas pipes, stormwater and drainage improvements, communication lines, trails, mechanical infrastructure, and park improvements, but not including utility structures such as substations and water tanks.

               (b)   Grading for the purpose of installing new public utilities infrastructure, public drainage improvements, trails, or park amenities, or for the purpose of constructing stream stabilization measures required by Part 7.4.6 (Grading and Erosion Control).

               (c)   The following uses, provided that development incidental to the following uses shall still be required to comply with the grading and impervious surface standards of this Section 7.2.603:

                  (i)    Agricultural uses such as general farming, ranching, nurseries, and forestry operations.

                  (ii)    Private recreational uses such as golf courses, archery ranges, and ballparks.

                  (iii)    Residential uses such as lawns, gardens, and play areas.

                  (iv)    Any other woodland, grassland, wetland, agricultural, horticultural, or recreational uses of land or water not contrary to requirements of this Section. (Ord. 23-03)

   A.   Purpose and Objectives: The purpose of the WUI-O district is to significantly reduce damage to public health, safety, and property in the Wildland-Urban Interface through improved coordination between this UDC and adopted fire protection regulations.

   B.   Compliance with Fire Prevention Code and Standards Required: All property within the WUI-O shall comply with the Wildland Fuels Management Requirements established in Appendix K of the City of Colorado Springs Fire Prevention Code and Standards (see Section 8.4.105 of the City Code). Refer to the adopted City of Colorado Springs Fire Prevention Code and Standards for wildfire mitigation requirements for landscaping and building construction. (Ord. 23-03)

   A.   Purpose: The purpose of the NNA-O district is to implement the goals of the Master Plan adopted for the geographic area of North Nevada Avenue as illustrated in the map below. The goals include:

      1.   Creating a mix of business types and uses that support and employ our residents and serve as a regional economic magnet;

      2.   Strengthening connections within the area and to the community by improving roadways and expanding transit service;

      3.   Strengthening housing options that serves the need of existing and new residents and offers options for all ages and levels of income; and

      4.   Integrating the corridor's streets, sidewalks, stormwater, streetscape, and other City infrastructure.

   B.   Applicability: The NNA-O district applies to the area generally described lying south of Garden of the Gods/Austin Bluffs, east of Monument Creek and Cascade Avenue, west of Weber Street and Stone Avenue, and north of the Old North End at the railroad right-of-way. The overlay is broken into three (3) sectors, the north, central, and south.

      1.   Objectives: The NNA-O district encourages new investment while ensuring that redevelopment balances private investment objectives with community sustainability. This is accomplished by:

      2.   Orienting buildings towards the street, City trails, and waterways to encourage pedestrian accessibility and walkability;

      3.   Fostering the development of mixed uses;

      4.   Encouraging multi-story buildings;

      5.   Promoting aesthetically pleasing building design;

      6.   Encouraging the incorporation of community and sustainable places and landscaping, including public art, public spaces, green infrastructure measures, and LEED certified building design, which in turn enhance the desirability of the corridor; and

      7.   Minimizing visibility and impact of parking lots and service areas by locating significant parking and service access away from primary streets.

   C.   Permitted and Conditional Uses: Permitted and conditional uses are shown in Table 7.3.2-A: Base and NNA-O District Use Table in Part 7.3.2 (Allowed Use Tables).

   D.   Lot and Building Standards: Front yard setbacks are established as a build-within zone; buildings, or portions of it, must be located within the distances specified below within each of the sectors. Rear and side yard setbacks will use a standard minimum building setback as specified below within each of the sectors. All other dimensional standards from the underlying base zone district apply:

 

 

   E.   Height Bonuses: Maximum building height may be increased to sixty (60) feet if the development includes three (3) or more of the following:

      1.   Publicly accessible green spaces, plazas, or detached sidewalks that either front a street or connect to sidewalks or trails;

      2.   Publicly displayed art that is minimum one percent overall project cost;

      3.   Adaptive reuse of historically significant buildings;

      4.   Use of aesthetically pleasing green infrastructure measures that are approved by the Stormwater Enterprise Manager; or

      5.   Shared parking between adjacent properties.

   F.   Design Guidelines: Development within the NNA-O district shall follow the adopted design guidelines. (Ord. 23-03)

   A.   Purpose: The purpose of the Area Design Standards Overlay is to preserve the bulk, form, and dimensional standards of residential or commercial areas with distinctive characteristics that are worthy of conservation but are not historical or within a Historic Preservation Overlay (HP-O) district. The intent of the ADS-O is to foster rehabilitation, development, and redevelopment in character with existing development or as recommended in (1) an adopted neighborhood plan as defined in the Colorado Springs Comprehensive Plan, or (2) a Stakeholder Engagement Plan for an ADS-O district approved by City Council pursuant to this Section 7.2.607.

   B.   Eligibility: In addition to the criteria for a zone change in Section 7.5.704 (Zoning Map Amendment (Rezoning)), to be eligible for designation as an ADS-O:

      1.   All of the area to be included in the ADS-O shall have been included in either:

         a.   A neighborhood plan, as defined in the Colorado Springs Comprehensive Plan, that was adopted within the five (5) years preceding the application date; or

         b.   A Stakeholder Engagement Plan for an ADS-O district that was approved by the Planning Department.

      2.   A majority of the area included in the application shall have one (1) or more the following characteristics:

         a.   Recognized identity and character;

         b.   High architectural value, including consistent building design and materials;

         c.   Relationship with the unique places or cultural features identified in the Colorado Springs Comprehensive Plan;

         d.   Non-conforming setbacks or consistently deeper setbacks than are required by the base zone district;

         e.   Consistently lower building heights than are permitted in the base zone district; or

         f.   Uniform landscaping maintained over a substantial period of time in relation to the age of the neighborhood.

   C.   Permitted Development Standards: An ADS-O district may establish standards for the following types of development standards only if the area has the related characteristic identified in Subsection B above, which will supersede any conflicting standards in this UDC.

      1.   Requirements for contextual front or side setbacks. Contextual setbacks require that new development and redevelopment be similar to those on adjacent or nearby properties, regardless of the front or side setbacks in the base zone district, or that they comply with other dimensional standards determined on a case-by-case basis consistent with the Purpose described in Subsection A above;

      2.   Limitations on maximum building heights of new development or redevelopment to a lower height than that permitted in the base zone district;

      3.   Requirements that new development and redevelopment incorporate visible architectural or building features found on a majority of primary buildings within the district;

      4.   Standards requiring the use of building materials that are, or that look like, materials used in a significant majority of primary buildings within the district, or prohibiting the use of building materials that were not used on a significant majority of primary buildings within the district; and

      5.   Requirements for the installation and maintenance of types, locations, and styles of landscaping and buffering found on a significant majority of lots containing primary buildings within the district.

      6.   Requirements for lot size and lot coverage.

   D.   ADS-O: Area Design Standard Overlay Establishment:

      1.   Prior to submittal of an application to create an ADS-O district, a neighborhood meeting facilitated by the Planning Department shall be held with property owners and residents within the anticipated ADS-O boundaries to discuss the proposed overlay zoning district.

      2.   After the completion of the neighborhood meeting referred to in Subsection 1, if the Manager determines that the requirements for eligibility in Subsection B above have been met, then, notwithstanding the provisions of Section 7.5.403A (Authority to Submit Applications), any of the following may submit an application for the creation of an ADS-O district:

         a.   A resident living in the area to be included in the proposed ADS-O district;

         b.   An owner of a business operating in the area to be included in the ADS-O district; or

         c.   A Neighborhood Association whose boundaries include some or all of the land to be included in the ADS-O district.

      3.   In addition to other requirements for an application for a Zoning Map Amendment (Rezoning), an application for the creation of an ADS-O district shall include all of the following:

         a.   Project Statement and Justification: A written justification for the request identifying how it will promote the purposes of the base zone district in which the property is located, the ADS-O zone district, this UDC, and/or the Comprehensive Plan.

         b.   Stakeholder Engagement Plan: A Stakeholder Engagement Plan created in coordination with the Planning Department which includes, but is not limited to:

            (1)   The number and type of outreach events;

            (2)   Survey questions and approach;

            (3)   Focus group discussion topics; and

            (4)   Property owner interviews.

         c.   Petition: A petition in support including dates and signatures of those property owners and tenants in support of the application, together with the addresses of any property they own within the proposed boundaries of the ADS-O district, and showing that all petition signatures have been obtained within the two-(2) month period before the application was submitted.

         d.   Proposed Design Standards: The proposed design standards to be applied in the ADS-O, which are limited to those listed in Section 7.2.607 (ADS-O: Area Design Standards Overlay).

         e.   Plat: A copy of the plat(s) of the subdivision(s) included within the proposed ADS-O district.

         f.   Inventory of Existing Uses and Structures: An inventory of existing structures within the proposed ADS-O district showing:

            (1)   Existing use, building heights, and building setbacks for each property;

            (2)   Any unplatted parcels; and

            (3)   The location of any nonconforming structures or uses, and an indication of whether the proposed design standards would make them more or less nonconforming.

      4.   Decision: The Planning Commission may recommend approval or approval with conditions, and City Council may approve or approve with conditions if they determine that:

         a.   The criteria for approval of a Zoning Map Amendment (Rezoning) have been met;

         b.   The eligibility criteria in Subsection B.2 above have been met:

         c.   The establishment of the ADS-O district will not cause detrimental financial impacts to property owners within the district; and

         d.   The dimensional or design standards applicable in the he ADS-O district will not preclude property owners from expanding real property that is compliant with base zoning dimensional standards. (Ord. 23-03)

   A.   Purpose: The economic, cultural, and aesthetic standing of Colorado Springs cannot be maintained or enhanced by disregarding the historical and architectural heritage of the City and by ignoring the destruction or defacement of cultural assets. The protection, enhancement, perpetuation, and use of structures and areas of a historical or architectural significance located within the City is a public necessity and is required in the interest of the prosperity, civic pride, and general welfare of the people. The purpose of the HP-O district is to:

      1.   Designate, preserve, protect, enhance, and perpetuate those structures and areas that reflect outstanding elements of the City's cultural, artistic, environmental, social, economic, political, architectural, historic, or other heritage;

      2.   Foster civic pride in the beauty and accomplishments of the past;

      3.   Stabilize or improve the aesthetic and economic vitality and values of such structures and areas;

      4.   Protect and enhance the City's attraction to tourists and visitors;

      5.   Promote the use of outstanding historical or architectural structures or districts for the education, enjoyment, and welfare of the people of the City;

      6.   Foster the economic and heritage tourism benefits associated with the City's cultural assets;

      7.   Promote good urban and architectural design in new infill buildings and rehabilitation of existing buildings including the preservation of related Green Space and Open Spaces; and

      8.   Promote and encourage continued private ownership and use of buildings and other structures now so owned and used, to the extent that the objectives listed above can be attained under such a policy.

   B.   Standards for Designation of Areas for Zoning Overlay: A structure may be designated by Council for historic preservation overlay zoning if it has either historical or architectural importance as defined below.

      1.   Historical Importance: The structure or area:

         a.   Has significant character, interest, or value, as part of the development, heritage or cultural characteristics of the city, state, or nation;

         b.   Is the site of a historic event with significant effect upon society;

         c.   Is identified with a person or group of persons who had significant influence on society; or

         d.   Exemplifies the cultural, political, economic, social, or historic heritage of the community.

      2.   Architectural Importance: The structure or area:

         a.   Portrays the environment of a group of people in an era of history characterized by a historically important and distinctive architectural style;

         b.   Embodies architecturally distinguishing characteristics;

         c.   Is the work of an architect or builder whose individual work has influenced the development of the City;

         d.   Contains elements of architectural design, detail, materials, or craftsmanship that represent a significant innovation; or

         e.   Contains buildings that, although individually lacking distinction, collectively display distinguishing characteristics.

   C.   Surveys and Inventories:

      1.   Surveys and inventories of historic properties that have been prepared by the City are on file at the Planning Department. These surveys and inventories already completed, and any completed in the future, shall be a part of the Colorado Springs Comprehensive Plan.

      2.   The City survey and inventory system shall be compatible with federal and state criteria and consistent with statewide comprehensive historic preservation planning.

   D.   Procedures: All procedures related to the administration of this Section 7.2.608 and the designation and regulation of historic structures are in Article 7.5: Administration and Enforcement. (Ord. 23-03)

   A.   Purpose, Description, And Applicability: The purpose of the High-Rise Overlay (HR-O) district is to allow the construction of high-rise buildings in accord with special height, floor area, and bulk limitations described in this section.

      1.   The HR-O may only be used in conjunction with R-5, MX-T, OR, MX-N, MX-M, MX-LBP, LI, GI, and PF zone districts. All standards and provisions of the base zone district(s) that are not modified by this Section 7.2.609 shall continue to apply to properties in the HR-O district.

      2.   The application to establish an HR-O district shall include a Land Use Plan which conforms to standards listed in this section and the criteria listed in Section 7.5.514 (Land Use Plan).

   B.   Development Plan Required: Prior to the issuance of a Building Permit, an approved Development Plan that meets the criteria and requirements of Section 7.5.515 (Development Plan) is required for all development within the HR-O that exceeds the base height limit within the base zone district.

   C.   Development Standards: In lieu of the height limitations that apply in the base zone district, development in the HR-O district may develop in accordance with the height, floor-area ratio, and bulk standards in this section. All development in an HR-O district may use the standards of this Subsection C, except that in the R-5 district all uses that are not principal permitted uses shall be subject to the height limitations of the base zone district.

      1.   Maximum Height: The maximum height of buildings is determined by conformance with the height limitation standards listed in this section.

      2.   Floor Area Ratio: The amount of floor area which may be constructed on a lot in an HR-O district is limited. The maximum square footage of floor area within a high rise building on a lot in a specific zone is determined by multiplying the area of the lot by the following factor designated for the base zone district in Table 7.2.6-C.

 

      3.   Height Limitations: In the HR-O district, no part of any structure except church spires, church towers, flagpoles, antennas, chimneys, flues, vents, cooling towers, elevator and mechanical penthouses, accessory water tanks, or any other structures not used as floor space or human occupancy, which are an integral part and architecturally compatible with the building, shall project up through height limits which are defined by diagonal planes as listed below:

         a.   In the PDZ, R-5, OR, MX-N, MX-M, MX-L, MX-T, and PF zones, the maximum pitch of the diagonal plane may be two (2) feet vertical to one (1) foot horizontal from lines twenty (20) feet above lot lines.

         b.   In the MX-M zone, the maximum pitch of the diagonal plane may be three (3) feet vertical to one (1) foot horizontal from lines twenty feet (20) above lot lines.

         c.   In the MX-L zone, the maximum pitch of the diagonal plane may be three and three quarters (3.75) feet vertical to one (1) foot horizontal from lines twenty (20) feet above lot lines.

         d.   In the GI zone, the maximum pitch of the diagonal plane may be one (1) foot to one (1) foot from lines twenty (20) feet above lot lines.

(Ord. 23-03)

   A.   Purpose: The purpose of the HS-O district is to ensure that hillside areas retain their unique character, to safeguard the natural heritage of the City, and to protect the public health, welfare, and safety. Review of development proposals for property within the overlay should recognize the various City Code requirements and the need to balance their application with the physical attributes of the property. The HS-O district may be used with any zone district in the City to meet the following objectives:

      1.   To conserve the unique natural features and aesthetic qualities of the hillside areas;

      2.   To provide safe and convenient access to hillside areas;

      3.   To minimize water runoff and soil erosion problems incurred in adjustment of the terrain to meet development needs;

      4.   To ensure that new development is compatible with the natural systems, the terrain, and the geologic character of hillside areas;

      5.   To encourage innovative design solutions that meet the purpose of the HS-O district; and

      6.   To preserve wildlife habitat and wetland areas that provide wildlife migration corridors.

   B.   Applicability:

      1.   General:

         a.   In case of a conflict between the provisions of the HS-O district and the WUI-O district, the provisions of the WUI-O district shall apply.

         b.   The standards in the HS-O district apply on a lot-by-lot basis to single-family residential dwellings, and on a development-wide basis to other types of applications.

         c.   No building or structure may be erected, reconstructed, or structurally altered on land in the HS-O district, and land in this overlay district may not be subdivided, graded, or otherwise disturbed for development, subdivision, or any other purpose, unless such construction, subdivision, disturbance, or development complies with the provisions of this Section 7.2.610.

         d.   In the HS-O district, no Building Permits shall be issued and no grading, land disturbance, removal of vegetation, or construction activity may occur on any lot or parcel until:

            (1)   A Development Plan for the site is approved;

            (2)   A Hillside Site and Grading Plan for the site is approved; and

            (3)   The Final Plat is recorded.

      2.   Exemption: The provisions of this Section 7.2.610 shall not apply to:

         a.   Land that is removed from the HS-O district through rezoning pursuant to the procedure in Section 7.5.703 (Zoning Map Amendment (Rezoning)).

         b.   Property that is the subject of an application for a Building Permit, Development Plan, or Subdivision Plat and that the Manager, upon consultation with the City Engineer, the Stormwater Enterprise, Fire Code Official, Traffic Engineering, and Utilities, determines is not characteristic of the hillside area landscape features this Section 7.2.610 is intended to protect and that the exemption will not compromise the ability of the HS-O district to achieve its intended purposes.

         c.   Lots created prior to the original adoption of these hillside regulations on June 6, 1996, and the Manager determines cannot reasonably comply with some of the standards in this Section 7.2.610, in which case the Manager may adjust or exempt the lot from the requirement of compliance with that standard at the time of Building Permit issuance.

   C.   Land Suitability Analysis:

      1.   Purpose: Land Suitability Analysis provides information about the physical characteristics and features of a site to assess impact of proposed development and determine buildable areas. This analysis further determines if preservation areas should be identified to better preserve unique hillside characteristics.

      2.   Standards: Each new Land Use Plan, Major Modification to a Land Use Plan, and Hillside Development Plan for any proposed development shall include a Land Suitability Analysis. If the applicant submits a written request for waiver of exceptions to elements of required Land Suitability Analysis, the Manager may waive those elements or approve those exceptions that are not necessary to achieve the purposes of the HS-O district. The Manager may also require additional analysis based on unique location, character, or potential impacts of development on the property.

      3.   Components of Land Suitability Analysis: In addition to technical requirements listed on the City's website, the Land Suitability Analysis shall include the following components:

         a.   Slope Analysis: Identification of slope ranges for parcels in order to assess the potential number of sites and preservation areas. The evaluation for this Section should consider the intensity of the development, the ability to provide infrastructure and emergency services access. Slope analysis shall be provided in the following increments and use a contour interval of two (2) feet:

            (1)   Zero (0) to eight (8) percent generally suitable for development;

            (2)   Eight (8) to twelve (12) percent increased potential for engineering difficulties; moderate potential for activating site hazards;

            (3)   Twelve (12) to fifteen (15) percent increased potential for engineering difficulties; moderately high potential for activating site hazards;

            (4)   Fifteen (15) to twenty-five (25) percent high potential for activating hazard potential; and

            (5)   Twenty-five (25) and over percent very high potential for development difficulty and severe hazard potential. Development on slopes over twenty-five (25) percent will not be supported.

         b.   Vegetation and Wildlife: Grasslands, scrub oak and similar shrubs, and coniferous tree cover are major components of hillside areas. Analysis shall show the physical location of vegetation and the following items:

            (1)   Identify major vegetation in native ecosystems;

               (a)   Scrub Oak (Gambrel Oak);

               (b)    Deciduous and evergreen trees between four (4) inches and twelve (12) inches or greater caliper size depending on density of trees onsite; and

               (c)   Native grass, ground cover, and shrub massing.

            (2)   Assessment of the WUI-O district, if applicable; and

            (3)   Interface of development and native wildlife habitat and migration corridors.

         c.   Geology Analysis: Development shall comply with regulations pursuant to Part 7.4.5 Geological Hazards.

         d.   Analysis Package: Composite map with the various components of the Land Suitability Analysis overlaid on a map to show a composite of opportunities and constraints, along with a written analysis of the existing site features and constraints and how the development of the site will occur in a manner which considers both the opportunities and constraints. The analysis shall also include mitigation for the site's physical constraints and hazards.

   D.   Hillside Development Plan: In addition to the normal Development Plan submittal requirements, applications for Development Plans in the HS-O district shall also include a Hillside Development Plan showing the following information in compliance with the submission and technical requirements located on the City's website.

      1.   Building Lots: The location of building lots and building envelopes on each lot shall comply with the following:

         a.   Development on slopes greater than twenty-five (25) percent in building envelopes shall be avoided;

         b.   Preserve significant vegetation and features in preservation easements;

         c.   Allow variation in front and side yard setbacks along the street frontage where significant vegetation, geologic hazard concerns, or slopes over twenty-five (25) percent exist on the site. Approval of a Non-Use Variance pursuant to Section 7.5.525 (Non-Use Variance) is required to allow setback variation; and

         d.   Only use retaining walls where necessary. Retaining walls are to be limited to four (4) feet in height with no more than two (2) piers separated by four (4) to six (6) feet.

      2.   Street Type and Placement: Streets and driveways must provide adequate vehicular access to each individual building lot. Adequate access will be evaluated based upon compliance with the following standards to the maximum extent feasible:

         a.   Driveways should follow the natural contour of the land and should generally minimize the need for cut and/or fill for driveway construction. Cut and fill slopes should be limited to four (4) feet in height and no more than two (2) four- (4) foot tiers in total;

         b.   Where retaining walls are used, there should be a minimum horizontal separation of four (4) feet between each tier and the face of the retaining wall shall be screened by vegetation. However, a taller single wall of up to seven (7) feet may be approved when necessary to reduce vegetation removal;

         c.   Individual driveways should have a maximum slope of twenty (20) percent and shared driveways should have a maximum slope of fifteen (15) percent. When the driveway serves a required Fire Department access, the width shall be a minimum of twelve (12) feet and the maximum grade shall be twelve (12) percent;

         d.   The amount of significant vegetation proposed to be removed should be minimized;

         e.   Driveway locations shall facilitate emergency service response. On streets with less than twenty-eight (28) foot mat widths, driveways should be offset to facilitate emergency response; and

         f.   The inclusion of shared driveways where possible to reduce grading, paving, and site disturbance.

      3.   Individual Utility Service Lines: Service lines should be located to minimize the need for grading and for disturbance of significant vegetation and natural features. The retention of the significant vegetation will be the main factor in the evaluation of the utility service line location. A proposed lot may not be approved if a satisfactory utility service line location cannot be agreed upon.

      4.   Retention of the Significant Vegetation on Individual Building Lots: On lots with significant existing vegetation the placement of the home should use existing vegetation, particularly in the front yard and streetscape areas, to soften structural mass and maintain vegetation.

      5.   Hillside Development Plan Review Criteria: In addition to the criteria in Section 7.5.515 (Development Plan), a Development Plan in the HS-O district shall comply with the following review criteria:

         a.   The plan is consistent with the spirit and intent of the Hillside Design Manual;

         b.   The streetscape will retain a hillside character after the street is constructed, including but not limited to retaining existing vegetation and rock features;

         c.   Disturbance of the existing terrain is minimized;

         d.   The visual impacts upon offsite areas been reduced or mitigated;

         e.   Significant ridgelines and other prominent sites within the City have been preserved;

         f.   Additional measures to mitigate environmental and visual impacts of the development have been included as necessary, based on the nature and location of the development:

            (1)   Alternate siting of structures to include increased setbacks from ridgelines;

            (2)   Use of significant vegetation to soften structural mass when building sites are located in highly visible areas;

            (3)   Designation of special height restrictions;

            (4)   Use of native vegetative cover and retaining walls faced with stone or earth-colored materials as stabilization measures for cuts and fills; and

            (5)   Alternate street placement to reduce visibility of structures.

         g.   Significant natural features and the significant vegetation been placed in preservation area easements and any impacts of necessary utility easements through the preservation areas been mitigated to the maximum extent feasible. Because of the terrain in hillside areas, it is recognized that utilities and some drainage improvements may have to be located within an easement. The review will consider the necessity of locating these facilities within the preservation area easement with least amount of disturbance and impact;

         h.   Geologic, soil, and other natural hazards been identified and mitigated to the maximum extent feasible; and

         i.   The results of any geologic hazards study required by Part 7.4.5 (Geological Hazards) have been reflected in the plan through avoidance of, or mitigation of impacts related to, those hazards.

   E.   Hillside Site and Grading Plan:

      1.   No construction activity, including grading or removal of vegetation, shall occur on lots or parcels within the HS-O district until a Hillside Site and Grading Plan has been approved by the Manager. The requirement for a Hillside Site and Grading Plan may be waived by the Manager if the change is determined to be a minor disturbance with no grading or removal of vegetation.

      2.   The Hillside Site and Grading Plan shall contain the content required by the Hillside Design Manual and the approved Development Plan and shall be consistent with the following site design review criteria:

         a.   The Plan complies with the development standards of the applicable zone district or Development Plan;

         b.   Terrain disturbance has been minimized by minimizing cut and fill, retaining natural land forms, including visually compatible cut and fill stabilization measures, and the incorporation of existing slopes and rock formations into the site design, to the maximum extent feasible. If cut and fill occurs, make every effort to limit the retaining walls to four (4) feet in height with four (4) feet horizontal separation;

         c.   Natural vegetation has been preserved and incorporated into the project design, with particular emphasis on preserving healthy and significant stands of scrub oak and pine trees and scrub oak and pine trees in front yard areas; and

         d.   Visual impacts upon off-site areas been avoided or reasonably mitigated by locating structures to avoid ridgelines and preserve a mountain or hillside backdrop, and by preserving existing vegetation and/or incorporating supplementary native landscaping to soften the structural mass of buildings located in highly visible areas.

   F.   Illegal Land Disturbance, Grading, and Vegetation Removal:

      1.   No grading or removal of vegetation shall occur on properties subject to the HS-O district unless authorized by a City approved Hillside Site and Grading Plan.

      2.   In addition to any other remedies provided for in this UDC, the Manager may issue a stop work order pursuant to Subsection 7.5.904C (Stop Work Order for Hillside Site and Grading Plan) for violations of this Subsection F.

   G.   Wildfire Risk Mitigation:

      1.   Requirement:

         a.   Within the HS-O district, development shall comply with the following provisions for reduction of wildfire risks when located within the WUI-O district.

         b.   Wildfire risk reduction techniques may include measures such as monitored smoke alarm systems and sprinkler systems for all residential occupancies, a minimum Class B on all other occupancies, and fuels management measures within the Safety Zone of applicable new building construction.

      2.   Disclosure Statements: All Development Plans and Subdivision Plats within the WUI-O district approved on or after April 1, 1993, and Wildland Urban Interface Site Plan/Lot Grading Plans shall contain the following disclosure statements referencing Appendix K of the City of Colorado Springs Fire Prevention Code and Standards:

      "Residing in or near wildland interface or intermix areas involves increased fire risks that may not apply in urban or more urbanized types of developed communities."; and

      "All lots within this development are subject to fuels management requirements. It is the responsibility of the builder to implement the fuels management procedures as defined in Chapter 8 of the City Code for each lot. Approval inspection must be obtained from the Planning Department prior to Final inspection by the Building Department and allowing occupancy of the residence. The initial fuels management inspection must be requested from the Planning Department prior to framing inspection with subsequent approval obtained prior to building final."

      3.   Roof Materials: A Class A roof covering (excluding solid wood roofing products) shall be installed on all residential occupancies and a minimum Class B roof covering shall be installed on all remaining occupancies (not to replace Class A where already required by the Regional Building Code) at the time a permitted roofing or reroofing application is completed.

   H.   Hillside Building Height: Within the HS-O district permitted heights are as follows:

      1.   Maximum building height shall be determined at the time of zoning and Development Plan review and may be reduced based upon consideration of site factors including visual analysis, topography, and proposed height relative to existing vegetation.

      2.   For multi-family uses, height shall be determined at the time of zoning and Development Plan review. Maximum building height will be based upon consideration of site factors including visual analysis, topography, and proposed height relative to existing vegetation.

      3.   For nonresidential uses, maximum structure height is as permitted in the underlying zone, subject to final determination at the time of Development Plan review. Maximum building height may be reduced based upon consideration of site factors including visual analysis, topography, and proposed height relative to existing vegetation.

      4.   Existing single-family zoned lots with approved, unexpired Development Plans or Subdivision Plats approved prior to the original adoption of these building height regulations on June 6, 1996, shall have a maximum permitted height of thirty-five (35) feet. In the event an approved Development Plan restricts building height to less than thirty (30) feet, the maximum height required by the Development Plan shall apply.

(Ord. 23-03 )

The purpose of the Planned Development Zone District (PDZ) is to encourage high quality developments that could not otherwise be achieved through the application of the City's standard zone districts. The PDZ District is intended to:

   A.   Provide a means of developing large, undeveloped tracts of land or other unique sites with a unified approach;

   B.   Facilitate creative, high-quality developments that offer an integrated mix of nonresidential uses and housing options, in conjunction with other community amenities or other benefits to the City or its citizens;

   C.   Encourage flexibility in design to create a better living environment, to preserve the unique features of the site, and to provide public services in a more economic manner; and

   D.   Provide a clear and reasonable plan for the phased development and completion of proposed development, consistent with the Colorado Springs Comprehensive Plan. (Ord. 23-03)

A PDZ district is only permitted where the proposed design could not be developed using conventional zone districts or UDC standards (including available tools allowing flexibility within those districts). (Ord. 23-03)

   A.   Areas rezoned to the PDZ district shall be accompanied with a Land Use Plan which shall define specific uses and residential densities allowed within the PDZ district.

   B.   An approved Development Plan is required before any Building Permits may be issued within a PDZ district. (Ord. 23-03)

   A.   The land use types and mix, intensity, and density (maximum gross residential density and maximum square footage for nonresidential land uses and the maximum building heights) of the development are defined by and through the establishment of the PDZ district. Specifically allowed residential and nonresidential land uses will be determined by the Land Use Plan. Development standards are determined by the Land Use Plan.

   B.   Each PDZ district shall allow integrated, attached, and detached ADUs wherever single-family detached dwellings are allowed, and such ADUs shall comply with the development standards set forth by the PDZ regulating plan or subsection 7.3.304.E (Dwelling, Accessory), whichever is less restrictive.

   C.   Except where a Land Use Plan or Development Plan associated with PDZ states otherwise:

      1.   In portions of PDZ allowing only residential uses, WCF (Wireless Communication Facility) shall be allowed as permitted or conditional uses consistent with the uses permitted in the R-1 6 zone district.

      2.   In portions of PDZs allowing nonresidential or a mix of residential and nonresidential uses, WCF uses shall be allowed as permitted or conditional uses consistent with the uses permitted in the MX-M zone district.

      3.   In portions of PDZs containing residential or a mix of residential and nonresidential uses, Small Human Services Establishments shall be allowed as permitted uses.

      4.   In portions of PDZs containing residential or a mix of residential and nonresidential uses, Home Occupation, Accessory uses shall be allowed as accessory to all primary residential uses.

      5.   In portions of PDZs containing residential or a mix of residential and nonresidential uses, structures allowed as accessory to a residential use in the R-1 6 zone district shall be allowed as accessory to all primary residential uses.

      6.   When the density of a residential PDZ district is equivalent to that of an R-Flex Medium or R-Flex High zone district, the application shall also comply with all applicable standards related to Compact Lots in this UDC. (Ord. 23-03; Ord. 25-45)

PDZ districts shall incorporate community amenities or benefits that support the implementation of the Colorado Springs Comprehensive Plan, and that offer significant benefits to the City and residents of Colorado Springs. PDZ districts shall provide community amenities in at least two (2) of the categories below, as determined by the Manager:

   A.   High Quality Design Features: High quality site and building design features are those that substantially exceed the minimum site and building design, landscaping, streetscape, and other requirements in Article 7.4: Development Standards and Incentives, including those in Parts 7.4.9 (Landscaping and Green Space) and 7.4.11 (Building Design and Site Features) and contribute to the overall character of the development.

   B.   Community Amenities: Community amenities may include the preservation of green space, sensitive natural areas, and other unique site features; the preservation or adaptive reuse of a historic building; and the provision of active recreational facilities, such as parks, trails, recreation centers, community meeting rooms, and other gathering spaces that are accessible to residents of the development and the public; or public art that is publicly accessible and visible to the community.

   C.   Mix of Housing Types: The PDZ district shall provide a mix of housing types and lot types. Housing diversity requirements may be satisfied through significant variations in lot and unit size and configuration.

   D.   Sustainable Development Practices: Sustainable development practices may include, but are not limited to, the use of Low Impact Development (LID) design features throughout the development, solar orientation of building forms and other passive energy-efficient design strategies throughout the development, green infrastructure measures, community-level renewable energy production, and district heating and cooling throughout the development. (Ord. 23-03; Ord. 25-66)

Green space, recreational facilities, or other community amenities to be provided shall require the applicant to provide assurance of completion. Suitable assurances may be in the form of a letter of credit, escrow or recorded agreements by the mortgage holder or owner guaranteeing the development of the required facilities. Assurances shall not be required if:

   A.   Acceptable provisions are included within the development agreement that guarantee the provision of these amenities in a timely manner.

   B.   Amenities are included in each construction phase of the project adequate to serve the residents and users within that phase. (Ord. 23-03)