7.5.101: PURPOSE:

7.5.102: GENERAL INFORMATION:

7.5.201: CITY COUNCIL:

7.5.202: PLANNING COMMISSION:

7.5.203: PLANNING MANAGER:

7.5.204: FORM-BASED ZONING REVIEW BOARD:

7.5.205: HISTORIC PRESERVATION BOARD:

7.5.206: PARKS AND RECREATION ADVISORY BOARD:

7.5.207: DRAINAGE BOARD:

7.5.208: REGIONAL BUILDING DEPARTMENT AND COMMISSION:

7.5.301: PURPOSE:

7.5.302: LAND USE PLAN:

7.5.303: DEVELOPMENT PLAN:

7.5.401: PRE-APPLICATION MEETING:

7.5.402: NEIGHBORHOOD MEETING:

7.5.403: APPLICATION SUBMISSION:

7.5.404: FEES:

7.5.405: DETERMINATION OF APPLICATION COMPLETENESS:

7.5.406: PUBLIC NOTICE:

7.5.407: MEETINGS AND DECISIONS:

7.5.408: REFERRAL TO PLANNING COMMISSION, FBZ REVIEW BOARD, OR HISTORIC PRESERVATION BOARD:

7.5.409: GENERAL CRITERIA FOR APPROVAL:

7.5.410: CONDITIONS ON APPROVALS:

7.5.411: FINAL DECISIONS:

7.5.412: VESTED RIGHTS:

7.5.413: LIMITATION ON SIMILAR APPLICATION:

7.5.414: DEVELOPMENT AGREEMENTS:

7.5.415: APPEALS:

7.5.501: GENERAL:

7.5.601: CONDITIONAL USE:

   A.   Purpose: The purpose of this Section is to provide a mechanism for the City to evaluate proposed land uses in a particular zone district that are only conditionally permitted because of unique operating and/or physical characteristics and may be allowed after careful consideration of their impact upon the neighborhood and the public facilities.

   B.   Applicability:

      1.   No use classified as conditional in Table 7.3.2-A: Base and NNA-O District Use Table or Table 7.3.2-B: Additional Overlay District Use Table and no use where conditional use approval is required as part of a use-specific standard (see Part 7.3.3) may be conducted without first obtaining a Conditional Use in accordance with this Section.

      2.   If a Development Plan is required for the proposed Conditional Use, the Manager shall review and decide upon the Development Plan application based on the standards and criteria in Section 7.5.515 (Development Plan), but shall include any conditions imposed by the Planning Commission on any approval of the Conditional Use Permit.

      3.   If no Development Plan is submitted with the Conditional Use request, the applicant shall submit a Land Use Statement. This statement shall indicate the following:

         a.   Proposed land uses, housing densities (as applicable), and development intensity;

         b.   Compatibility with adjacent development patterns; and

         c.   Impact to adjacent developments including but not limited to light, noise, and traffic.

   C.   Conditional Use Process:

      1.   Planning Commission Decision:

 

      a.    The Planning Commission shall review the Conditional Use application at a public hearing and approve, approve with conditions, or deny the application based on any criteria in the use-specific standard relating to the use, the review criteria in Section 7.5.409 (General Criteria for Approval), and the criteria in Subsection 3 below.

         b.   The Manager may recommend, and/or the Planning Commission may impose, special conditions upon the subject property needed to alleviate or mitigate any potentially significant adverse impacts on other property in the neighborhood, and to carry out the stated purposes of the Colorado Springs Comprehensive Plan and this UDC. The Planning Commission may also impose time limits on conditional uses and require regularly scheduled reviews of approved conditional uses.

      2.   Criteria for Approval:

         a.   The application complies with any use-specific standards for the use in Part 7.3.3 (Use-Specific Standards);

         b.   The size, scale, height, density, multimodal traffic impacts, and other impacts of the use are compatible with existing and planned uses in the surrounding area, and any potential adverse impacts are mitigated to the extent feasible; and

         c.   The City's existing infrastructure and public improvements, including but not limited to its street, trail, and sidewalk systems, have adequate capacity to serve the proposed development and any burdens on those systems have been mitigated to the maximum extent feasible.

      3.   Post-Decision Actions or Limitations: The Planning Commission's decision on a Conditional Use application is subject to the following:

         a.   The approved Conditional Use, along with stipulations submitted as part of the conditional use application and all conditions imposed by the Planning Commission, shall be binding on the property and shall run with the land and shall not be affected by changes in tenancy, ownership, or management of the property.

         b.   An approved Conditional Use shall expire if any of the following apply:

            (1)   The applicant fails to begin operation or fails to apply for a Building Permit and begin construction for a building related to the conditional use, within four (4) years of approval. The Manager may approve one (1) one-year extension of the Conditional Use if no major changes to the site design are required.

            (2)   A legally established conditional use is abandoned or discontinued for a period of at least one (1) consecutive year. Prior to expiration of the conditional use due to abandonment or discontinuation, the Manager may approve one (1) one-year extension of the Conditional Use if no major changes to the site design are required.

            (3)   A change to a use with higher intensity or fewer restrictions than were originally approved in the Conditional Use occurs on the property.

         c.   Upon the expiration of a Conditional Use, no Building Permit or Certificate of Occupancy may be issued for that use until a new Conditional Use Permit application has been reviewed and approved in accord with this Section 7.5.601. (Ord. 23-03)

7.5.701: ANNEXATION OF LAND:

7.5.702: AMENDMENT TO UDC TEXT:

   A.   Purpose: The purpose of this Section is to establish standards and provide a mechanism for the City to review and decide on an application to amend the text of this UDC.

   B.   Applicability:

      1.   This Section applies to all applications to amend the text of the UDC.

      2.   Specific types of applications may have additional standards, criteria, or requirements, as provided for in this UDC.

   C.   Amendment to UDC Text Process:

 

      1.   Application Submission: Only a City department, enterprise, appointed board of the City, or City Council may submit an application to amend the text of the UDC.

      2.   Planning Commission:

         a.   The Planning Commission shall review the application at a public hearing and shall forward its recommendation to City Council based on the approval criteria in Subsection D below. The Planning Commission may recommend approval, approval with conditions, denial, or may decide not to make a recommendation on the proposed amendment.

         b.   If the application relates to Section 7.2.608 (HP-O: Historic Preservation Overlay), the Historic Preservation Board shall review the application transmit its recommendation to approve, approve with conditions, or deny the text change to the Planning Commission.

      3.   City Council Decision: The City Council shall review the application and the recommendation from the Planning Commission at a public hearing and make a decision based on the approval criteria in Subsection D below.

   D.   Approval Considerations:

      1.   General: The Planning Commission may recommend approval or approval with conditions, and City Council may approve or approve with conditions, after paying due regard to each of the following factors:

         a.   The Colorado Springs Comprehensive Plan and other plans adopted by City Council.

         b.   The current conditions and character of current structures and uses in each zone district.

         c.   The most desirable use of land in each zone district.

         d.   The conservation of sensitive environmental features.

         e.   Promotion of responsible development and growth. (Ord. 23-03)

7.5.703: VACATION OF PUBLIC STREETS OR RIGHTS-OF- WAY:

7.5.704: ZONING MAP AMENDMENT (REZONING):

   A.   Purpose: The purpose of this Section is to establish standards and provide a mechanism for the City to review and decide on an application to rezone property within the City's jurisdiction, where the City has determined that rezoning of those areas is appropriate.

   B.   Applicability: This Section 7.5.703 applies to all applications to create or change the boundaries of a zone district on the zoning map, whether initiated by the City or by a private property owner.

   C.   Amendment to Zoning Map Process:

 

      1.   General:

         a.   A FBZ regu lating plan may prov ide for alter nate revie w proc edures for proposed amendments of zoning map designations within the FBZ district.

         b.   For an HP-O district, the standards in Subsection 7.2.501.B (Standards for Designation of Areas for Zoning Overlay) shall apply.

      2.   Planning Commission, FBZ Review Board, or Historic Preservation Board Review:

         a.   The Planning Commission or, if specified in an applicable FBZ regulating plan, an FBZ Review Board, or, if applicable, Historic Preservation Board shall review the application and make a decision based on the approval criteria in Subsection D below. The Commission or FBZ Review Board may recommend approval, approval with conditions or modifications, or decide not to make a recommendation on the proposed application, or may deny the application.

         b.   The Planning Commission, FBZ Review Board, or Historic Preservation Board may recommend, and the City Council may require, the modification of requirements of any zone district so that the property under consideration may be developed in a reasonable manner and without detriment to the public welfare and interest.

         c.   If a Development Plan is required with the zoning map amendment application, the Planning Commission or, if applicable, an FBZ Review Board or Historic Preservation Board shall review and decide upon the Development Plan application based on the standards and criteria in Section 7.5.515 (Development Plan) concurrent with its review of the proposed zoning map amendment application.

         d.   If the application is for an HP-O district designation, in addition to the conditions allowed in Section 7.5.410 (Conditions on Approvals), the Historic Preservation Board may recommend one (1) or more of the following conditions:

            (1)   Reduction of front, side, and rear yard setbacks to conform to neighborhood standards;

            (2)   Waiver for building height limitations to conform to neighborhood standards;

            (3)   Allowance of vehicles to back across property lines for parking spaces accessed from an alley as long as the vehicles are visible from both directions in the alley;

            (4)   Allowance for one hundred (100) percent of all required off street parking spaces as compact spaces;

            (5)   Allowance for tandem parking spaces;

            (6)   Allowance for off-site parking spaces that are within three hundred (300) feet of the historic resource; and

            (7)   If relief allowed under Subsections (1) through (6) above is insufficient to preserve the historic resource, a reduction of up to fifty (50) percent of the minimum number of off-street parking spaces required by Part 7.4.10 (Parking and Loading) may be recommended.

         e.   If the application is for creation of an ADS-O district, the procedures, standards, and limitations applicable to the creation of the text of the ADS-O district in Section 7.5.702 (Amendment to UDC Text) shall also apply to consideration of the zoning map amendment required to create or amend the boundaries of the ADS-O district.

         f.   The Planning Commission or, if applicable, an FBZ Review Board or Historic Preservation Board recommends approval of the application or makes no recommendation, the Planning Commission, FBZ Review Board, or Historic Preservation Board shall forward its recommendation to City Council for decision in accord with Subsection 3 below.

         g.   If Planning Commission or, if applicable, an FBZ Review Board or Historic Preservation Board denies the application, the applicant may appeal the decision to City Council pursuant to Section 7.5.416 (Appeals).

      3.   City Council Decision: The City Council shall review the application and the recommendation from the Planning Committee, FBZ Review Board, or Historic Preservation Board and make a decision based on the approval criteria in Subsection D below.

   D.   Approval Criteria: An application for an amendment to the zoning map shall be subject the following criteria for approval:

      1.   The proposed rezoning is consistent with the goals and policies of the Colorado Springs Comprehensive Plan, with other plans and policies adopted by the City Council; and with the purpose statement of the proposed zone district(s).

      2.   The rezoning will not be detrimental to the public interest, health, safety, convenience, or general welfare.

      3.   The location of the lands in the zoning map area being amended are appropriate for the purposes of the proposed zone district(s).

      4.   If the application proposes to rezone a small area of land, the application demonstrates that the size, scale, height density, and multimodal traffic impacts of the proposed rezoning are compatible with surrounding development or can be made compatible with surrounding development through approval conditions.

      5.   If the application proposes to rezone a relatively small area of land, the application demonstrates that the change in zoning will not create significant dislocations of tenants or occupants of the property, or that any impacts are outweighed by other public benefits or progress toward other Colorado Springs Comprehensive Plan goals that would be achieved by approval of the application.

      6.   If a Land Use Plan or amendment to a Land Use Plan accompanies the application, the Land Use Plan or amendment complies with the applicable criteria in Subsection7.5.514C.3 (Land Use Plan Criteria).

      7.   The application is consistent with any approved Concept Plans in the area for which the map is being amended or includes or is accompanied by a provision that approved Concept Plans that have been classified as implemented do not have to be amended in order to be considered consistent with an amended zoning map.

      8.   If the application is for creation of an ADS-O district, the approval criteria applicable to the creation of the text of the ADS-O district in Section 7.2.607D.47.5.702 (Decision) shall also apply to consideration of the zoning map amendment required to create or amend the boundaries of the ADS-O district.

      9.   If rezoning to a PDZ district, the proposed PDZ district provides significant community amenities or other benefits, as determined by the Manager, that promote the achievement of Colorado Springs Comprehensive Plan goals and would not otherwise be required of the applicant under this UDC or other City or governmental regulations.

      10.   Complies with the additional standards of the base zone district where the property is located (see Article 7.2 (Zone Districts)) or in an overlay district that applies to the property (see Part 7.2.6 (Overlay Districts)). (Ord. 23-03)

7.5.705: APPEALS:

7.5.706: COMPREHENSIVE PLANNING:

7.5.801: NONCONFORMING BUILDINGS AND STRUCTURES:

7.5.802: NONCONFORMING LOTS:

7.5.803: NONCONFORMING SITE FEATURES:

7.5.804: NONCONFORMING USES:

7.5.901: PURPOSE:

7.5.902: APPLICABILITY:

7.5.903: VIOLATIONS:

7.5.904: ENFORCEMENT:

7.5.905: REMEDIES:

7.5.906: PROCEDURES:

7.5.907: PENALTIES:

7.5.908: APPEALS:

7.5.909: ADDITIONAL PROVISIONS:

7.5.1001: PURPOSE:

7.5.1002: APPLICABILITY:

7.5.1003: ENFORCEMENT REMEDIES:

7.5.1004: PROCEDURES:

7.5.1005: PENALTIES:

7.5.1006: APPEALS:

7.5.1007: BILLING OF PROPERTY OWNER:

7.5.1008: LIABILITY AND LIMITATIONS:

7.5.1101: PURPOSE:

7.5.1102: ENFORCEMENT:

7.5.1103: CHARGING COST OF ABATEMENT:

7.5.1104: LIENS:

7.5.1201: ENFORCEMENT:

7.5.1301: ENFORCEMENT:

7.5.1302: FAILURE TO COMPLY WITH ORDER TO RESTORE:

7.5.1303: LIEN ASSESSMENT:

7.5.1401: PENALTY PROVISION FROM THE REGIONAL BUILDING CODE:

7.5.1402: VIOLATIONS:

7.5.1403: ENFORCEMENT:

7.5.1404: FAILURE TO OBEY ORDER/DECISION:

7.5.1405: FELONY OR CRIMINAL FRAUD:

7.5.1406: CONTRACTOR PENALTY PROVISIONS:

7.5.1407: ALTERING, DEFACING, OR REMOVING A NUMERIC ADDRESS:

7.5.1408: FAILURE TO ABATE A SWIMMING POOL NUISANCE:

7.5.502: ADULT USE PERMIT:

   A.   Purpose: The purpose of this Section is to provide a mechanism for enforcement of the regulations that apply to Adult Retail and Adult Entertainment uses in this UDC.

   B.   Applicability: Approval of an Adult Use Permit shall be required before any Adult Retail or Adult Entertainment use is conducted within the City.

   C.   Adult Use Permit Process:

 

      1.   Meetings and Decision:

         a.    The Manager shall review the Adult Use Permit application and shall approve, approve with conditions, or deny the petition based on the following criteria:

            (1)   Compliance with the review criteria in Section 7.5.409 (General Criteria for Approval);

            (2)   Compliance with the use-specific standards applicable to Adult Entertainment uses (Subsection 7.3.303B.1) and Adult Retail uses (Subsection 7.3.303G.1), as applicable;

            (3)   The subject property contains off-street parking in accord with the requirements of Part 7.4.10 (Parking and Loading);

            (4)   The building in which the use will take place has a Certificate of Occupancy which meets the requirements of Section RBC110 of the Building Code; and

            (5)   The facility holds valid local and State business licenses and local and State sales tax licenses, as applicable.

         b.   The Manager shall make a decision within ninety (90) days after receiving a complete application. (Ord. 23-03)

7.5.503: BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY:

   A.   Purpose: The purpose of the Building Permit and Certificate of Occupancy procedure is to ensure compliance with all applicable provisions of this UDC, the Regional Building Code, and any applicable Utility Codes and City of Colorado Springs Fire Prevention Code and Standards.

   B.   Applicability:

      1.   It shall be unlawful to perform any work for which a building permit is required under Section RBC105.1 of the Regional Building Code without first obtaining a building permit.

      2.   A building permit shall not be issued for the construction or reconstruction of structures upon any land, or the addition to any building or structure situation on any land, unless one of the following applies:

         a.   The lot is platted;

         b.   A Waiver of Replat was issued for the land (see Section 7.5.522 (Waiver of Replat));

         c.   The applicant has acquired an administrative approval under Section 7.5.509 (Site Plan to Unplatted Lands);

         d.   The proposed alteration is limited to repair or modification of the interior of the structure, commonly known as an interior remodel, or modification of other structural elements exterior to but attached as part of the structure, such as roofing, windows, doors, siding, porch, stoop, stairway, deck, and patio/porch cover;

         e.   The property is a Lot of Record and one of the following apply:

            (1)   The addition to the principal structure is no larger than fifty (50) percent of the principal structure gross floor area; or

            (2)   The gross floor area of the addition of a detached accessory structure(s) is no larger than one hundred (100) percent of the gross floor area of the principal structure ; or the addition of a deck(s) or patio/porch cover(s) or both.

         f.   The construction takes place on public park lands and all the following apply:

            (1)   The property is in the PK or PF zone district;

            (2)   The park was deeded to the City prior to January 1, 1990;

            (3)   A detailed site plan with required dimensions is submitted with the Building Permit application and shows the existing site improvements and the

         proposed improvements in relation to the site and adjacent properties;

            (4)   The proposed structure benefits the public in general; and

            (5)   The structure will not require a street extension.

      3.   A Building Permit may be withheld until utilities critical to the site are installed.

      4.   It is unlawful to commence occupancy of a structure unless a Certificate of Occupancy has been issued.

   C.    Building Permit Process:

 

   1.    Application Submission: Applications for building permits shall be submitted to the Building Official. If a Development Plan is required for the development in accordance with Section 7.5.515 (Development Plan), an approved Development Plan shall be submitted with the building permit application.

      2.   Decision by Building Official: The Building Official shall approve an application for a Building Permit only upon determining that the application complies with all applicable requirements. No Building Permit shall be issued until all applicable utility and subdivision fees have been paid.

   D.   Certificate of Occupancy Process:

      1.   Application Submission: Applications for Certificates of Occupancy shall be submitted to the Building Official.

      2.   Decision by Building Official: The Building Official shall issue a Certificate of Occupancy if the Official determines that the structure complies with all City codes and ordinances and the relevant provisions of the Regional Building Code, including Section RBC110 of the Regional Building Code. (Ord. 23-03)

7.5.504: COORDINATED SIGN PLAN:

   A.   Purpose: The purpose of this Section is to allow for approval of signage plans for a development that varies from the requirements of Part 7.4.13 (Signs).

   B.   Applicability: The Coordinating Sign Plan procedure applies to development eligible for a Coordinated Sign Plan in accord with Section 7.4.1308 (Coordinated Sign Plan).

   C.    Coordinated Sign Plan Process:

 

   1.    Application Submission: In addition to the requirements of Section 7.5.403 (Application Submission), an application for approval of a Coordinated Sign Plan shall contain the information required in Section 7.4.1308 (Coordinated Sign Plan).

      2.   Meeting and Decision:

         a.   The Manager shall review the Coordinated Sign Plan application and shall approve, approve with conditions, or deny the application based on the following criteria:

            (1)   Compliance with Section 7.4.1308 (Coordinated Sign Plan); and

            (2)   Compliance with Section 7.5.409 (General Criteria for Approval)

         b.   If the Coordinated Sign Plan application is submitted in conjunction with an application that requires review and approval by the Planning Commission, FBZ Review Board, or City Council, such as a Development Plan in conjunction with a zoning map amendment, the Coordinated Sign Plan application shall be reviewed and decided by the decision-making body in conjunction with the other application. (Ord. 23-03)

7.5.505: FRONT YARD CARPORT PERMIT:

   A.   Purpose: The purpose of the Front Yard Carport Permit is to facilitate the permitting of front yard carports while retaining the character of residential neighborhoods and ensuring that the standards of Subsection 7.3.304C (Carport or Garage, Accessory) are met.

   B.   Applicability: Approval of a Front Yard Carport Permit is required before erecting a carport in the front yard setback of a property.

   C.    Front Yard Carport Permit Process:

 

   1.    Notice Required: The Manager shall notify vicinity property owners of the application by mailed notice, pursuant to Subsection 7.5.406D.3 (Mailed (Letter) Notice).

      2.   Manager's Decision: The Manager shall review the Front Yard Carport Permit application and within ten (10) business days after the determination of application completeness and shall approve, approve with conditions, or deny the petition based on the following criteria:

         a.   Compliance with the standards applicable to carports in the front-yard setback in Subsection 7.3.304C (Carport or Garage, Accessory); and

         b.   Compliance with the Section 7.5.409 (General Criteria for Approval).

      3.   Post-Decision Actions and Limitations: A Front Yard Carport Permit shall expire if construction of the carport has not commenced within one (1) year of the date on which the permit was issued, or after the use commences shall expire upon the subsequent removal or destruction of the carport. (Ord. 23-03)

7.5.506: GRADING AND EROSION CONTROL PERMIT:

   A.   Purpose: The purpose of this Section is to allow for review of a plan for land disturbance or other activity on a property that will have impacts to grading and erosion control and to assure compliance with Part 7.4.6 (Grading and Erosion Control).

   B.   Applicability: The provisions of this Section apply to all construction activities within the City.

   C.    Grading and Erosion Control Permit Process:

 

   1 .    Application Submission: The application shall include all materials required in the Engineering Criteria.

      2.   Meetings and Decision: The Stormwater Enterprise Manager shall review the grading and erosion control application and approve, approve with conditions, or deny the application for a Grading and Erosion Control (GEC) Permit or an Associate GEC Permit based on compliance with the standards in Part 7.4.6 (Grading and Erosion Control) and the Engineering Criteria. (Ord. 23-03)

7.5.507: HOME OCCUPATION PERMIT:

   A.   Purpose: This Section is intended to accommodate the desire of owners or occupants of residential dwelling units to operate accessory home occupations within their residences while mitigating the impacts on neighboring residents and ensuring that there are no substantial adverse effects on the residential character of the residential zone district.

   B.   Applicability:

      1.   All Home Occupations shall comply with the standards pursuant to Subsection 7.3.304I (Home Occupation, Accessory).

      2.   A Home Occupation Permit shall be obtained prior to the establishment of a home occupation that:

         a.   Has customers who enter upon the property;

         b.   Generates excessive traffic; or

         c.   Requires a Federal or State license or permit to operate, including the production or sale of firearms or ammunition.

   C.     Home Occupation Permit Process:

 

   1.     Manager's Decision:

         a.   The Manager shall review the Home Occupation Permit application and approve, approve with conditions, or deny the petition in accordance with Subsection 7.5.407D.1 (Manager), the standards applicable to home occupations in Subsection 7.3.304I (Home Occupation, Accessory), and the review criteria in Section 7.5.409 (General Criteria for Approval).

         b.   Only a denied Home Occupation Permit may be appealed to the Planning Commission.

      2.   Post-Decision Actions and Limitations: The Manager's decision on a Home Occupation Permit application is subject to the following:

         a.   Change in Operation: If any of the following occur after the approval of a Home Occupation Permit, the applicant shall submit a new application indicating the new or altered home occupation use, and the Manager shall review and make a decision on that home occupation in compliance with the standards applicable to home occupations in Subsection 7.3.304I (Home Occupation, Accessory):

            (1)   Any change in the approved home occupation's operation, including but not limited to expansion of the approved use;

            (2)   Any change in the approved home occupation's scope of business; or

            (3)   Any change to a permitted home occupation use that differs from the home occupation use that was originally established.

         b.   Expiration:

            (1)   A Home Occupation Permit does not run with the property but is issued to the specific owner of the property in a specific location. The permit shall expire upon sale or transfer of the property.

            (2)   In the event of a sale or transfer of the property, if the property owner is relocating within the City and choosing to continue operations, a new Home Occupation Permit for the new location is required. (Ord. 23-03)

7.5.508: SIGN PERMIT:

   A.   Purpose: The purpose of this Section is to provide a mechanism for enforcement of the sign regulations in Part 7.4.13 (Signs) of this UDC to effectuate their purposes.

   B.   Applicability: Approval of a sign plan and issuance of a Sign Permit is required before erecting any sign as defined in this UDC and not exempted by Section 7.4.1303 (Exemptions). The use requesting the approval of a Sign Permit shall be legally established on the property for which the signage is being requested.

   C.    Sign Permit Review Process:

 

      1.    Application Submission: In addition to the requirements of Section 7.5.403 (Application Submission), a Sign Permit application shall meet the requirements of Subsection 7.4.1304B (Plan Requirements).

      2.   Manager's Decision: No Sign Permit shall be issued until a Building Permit has been issued, if applicable, in accord with Subsection 7.4.1304G (Issuance of Building Permit). The Manager shall review the application and approve, approve with conditions, or deny the application in accord with the standards in Part 7.4.13 (Signs), and the review criteria in Section 7.5.409 (General Criteria for Approval). (Ord. 23-03)

7.5.509: SITE PLAN TO UNPLATTED LANDS:

   A.   Purpose: The purpose of this Section is to allow new development or the modification of existing structures on unplatted lands in certain circumstances.

   B.   Applicability:

      1.   This Section applies only to land that meets one or more of the following conditions:

         a.   Land that was developed and within the City on February 13, 1951;

         b.   Land that was annexed to the City after February 13, 1951, but unplatted because platting was not required at the time that the land was developed;

         c.   A developed parcel of land that was created in El Paso County no later than September 1, 1972; or

         d.   Land that was owned by the City and used for park and recreation purposes prior to January 1, 1990.

      2.   Building Permits shall be issued without requiring platting only for a structural addition to one (1) or more buildings that exist on the property if:

         a.   The addition will comply with the provisions of this UDC;

         b.   The addition constitutes no change in land use;

         c.   The addition will not require street extension;

         d.   The addition will not intrude upon setback lines determined by the Traffic Engineer to accommodate any proposed rights-of-way;

         e.   Drainage fees are paid on proposed addition or previous additions that results in an increased floor area exceeding fifty (50) percent the area of the structure(s) existing on July 18, 1975, or the date of annexation if annexation is after July 18, 1975; and

         f.   The owner agrees to dedicate any rights-of-way that would normally be required as a condition of a platting. If dedication is required, the owner shall dedicate the right-of-way by a separate deed and pay for the preparation and recording of the deed after such deed is approved by City Real Estate Services.

   C.    Site Plan to Unplatted Land Review Process:

 

      1.    Application Submission: The applicant shall submit the number of copies of a site plan with dimensions as required by the Manager, each of which shall include:

         a.   The legal description of the property, taken from the deed to the property, and the recording information (book and page or reception number) of that deed;

         b.   All existing lot lines and easements with dimensions;

         c.   All existing utilities located on the site, clearly labeled;

         d.   Adjacent rights-of-way with dimensions;

         e.   Location, dimensions, and setbacks of all existing and proposed structures, if any, and their floor area;

         f.   Owner's name, address, and phone number;

         g.   North arrow and scale;

         h.   Information on all survey monuments recovered or set and used in determination of property boundaries; and

         i.   A statement reading as follows:

         "Under the provisions of Section 7.5.509 of the Code of the City of Colorado Springs the ownership configuration detailed on this site plan is eligible for the issuance of a Building Permit on unplatted land. Compliance with all other applicable requirements of the City of Colorado Springs and the Regional Building Department is required. Approval of this request pertains only to the application submitted and does not release the applicant from complying with other requirements."

      2.   Manager Action: The Manager shall approve the request only if the request complies with requirements of this Section. If the Manager approves the request, the applicant will be provided a signed copy of the submitted plan. If the Manager denies the request, the Manager shall notify the applicant of the reasons for denial. (Ord. 23-03)

7.5.510: SHORT TERM RENTAL PERMIT:

   A.   Purpose: The purpose of this Section is to facilitate the permitting of Short Term Rental subject to appropriate restrictions and standards and to allow for varied accommodations and experiences for visitors while retaining the character of residential neighborhoods.

   B.   Applicability: A Short Term Rental Permit shall be required prior to the operation of any Short Term Rental.

   C.    Short Term Rental Process:

 

      1.    Application: The application for a Short Term Rental Permit shall include the following:

         a.   A safety self-inspection certification;

         b.   A Sales Tax license customer ID;

         c.   The name, address, and contact information, including a 24-hour contact phone number, for the owner, the owner's property manager, or agent within El Paso County, or a Colorado Springs resident who can be contacted in the event of an emergency and respond within one (1) hour;

         d.   Proof of insurance;

         e.   Proof that the use-specific standards that apply to a Short Term Rental in Section 7.3.301C (Short Term Rental) will be met;

         f.   Election of an owner occupied or non-owner occupied Short Term Rental Permit; and

         g.   A statement that the owner has read and understands the rules and regulations for a Short Term Rental.

      2.   Manager's Decision: The Manager shall review the Short Term Rental Permit application and within ten (10) business days after the determination of application completeness approve, approve with conditions, or deny the petition in accord with Subsection 7.5.407D.1 (Manager), the standards applicable to Short Term Rentals in Subsection7.3.301C (Short Term Rental), and the review criteria in Section 7.5.409 (General Criteria for Approval).

      3.   Post-Decision Actions and Limitations: The Manager's decision on a Short Term Rental Permit application is subject to the following:

         a.   The Short Term Rental Permit is valid for one (1) year from the date of issuance and may be renewed for additional one (1) year periods; and

         b.   The Short Term Rental Permit does not run with the property but is issued to the specific owner of the property. The permit expires upon sale or transfer of the property. The Permit shall not be transferred or assigned to another individual, person, entity, or address, but may be managed by a third party on behalf of the owner. (Ord. 23-03)

7.5.511: TEMPORARY USE PERMIT:

   A.   Purpose: The purpose of this Section is to provide a mechanism for enforcement of the temporary use regulations that apply to short-term, seasonal, and transient uses such as community festivals, fresh produce stands, and temporary promotions by permanent businesses, but does not apply to Short Term Rentals.

   B.   Applicability:

      1.   A Temporary Use Permit shall be required prior to the establishment of any temporary use except:

         a.   Construction office or yard, temporary (included in Building Permit approval);

         b.   Garage sale, temporary; or

         c.   Outdoor display of goods, temporary (except as required by the use-specific standards at Subsection 7.3.305D (Outdoor Display of Goods, Temporary)).

      2.   The Manager shall approve a Temporary Use Permit for an appropriate specified period not to exceed five (5) years. Upon expiration, a new Temporary Use Permit may be requested. If a use extends beyond one (1) year, a Conditional Use Permit may be granted, subject to requirements in Section 7.5.601 (Conditional Use Permit).

   C.   Temporary Use Permit Process:

 

      1.    Manager's Decision: The Manager shall review the Temporary Use Permit application and within three (3) business days after the determination of application completeness shall approve, approve with conditions, or deny the application based on its compliance with the standards applicable to temporary uses generally in Section 7.3.304 (Accessory Uses), any use-specific standards applicable to that particular temporary use, and the following criteria:

         a.   The use will not be detrimental to the public health, safety, and general welfare, and is compatible with the purpose and intent of this UDC and the zone district in which it will be located;

         b.   The use is compatible in intensity, characteristics, and appearance with existing land uses in the immediate vicinity of the proposed location, and the use, value, and qualities of the neighborhood surrounding the proposed location will not be adversely affected by the use or activities with it. Factors such as location, access, traffic generation, noise, light, dust control, and hours of operation shall all be considered;

         c.   The use is not on City-owned property unless the applicant first obtains approval of a revocable permit under Part 3.2.2 of the City Code authorizing such use;

         d.   Display of merchandise for sale need not comply with the yard and setback requirements of this UDC provided that no merchandise shall be displayed within thirty (30) feet of the intersection of the curb line of any two (2) streets or within the required landscaped setback area;

         e.   Adequate off-street parking meeting the standards in Part 7.4.10 (Parking and Loading) is provided to serve the use, and the use does not displace the required off-street parking spaces or loading areas of any principal permitted uses on the site; and

         f.   A sales tax license is obtained from the City's sales tax office for a temporary use involving the sale of tangible personal property or taxable services. (Ord. 23-03)

7.5.512: WCF ELIGIBLE FACILITIES REQUESTS:

   A.   Purpose: The purpose of this Section is to provide a mechanism for evaluating whether a change to an Existing Tower or Existing Base Station is an Eligible Facilities Request and for approving Eligible Facilities Requests.

   B.   Applicability: This Section applies to all proposed changes to Wireless Communication Facilities that the applicant seeks to qualify as an Eligible Facilities Request.

   C.   Eligible Facilities Request Process:

 

      1.   Application Submission: The applicant shall submit the application on a form provided by the City that is limited to the information necessary for a determination of the eligibility for an Eligible Facilities Request. The application may not require the applicant to demonstrate a need or business case for the proposed modification or collocation. Such information may include, without limitation, whether the project:

         a.   Would result in a Substantial Change; or

         b.   Violates a generally applicable law, regulation, or other rule codifying objective standards reasonably related to public health and safety.

      2.   Determination of Application Completeness:

         a.   Applications shall be subject to a review period of sixty (60) days. The sixty (60)-day review period begins to run when the application is filed and may be tolled only by mutual agreement of the City and the Applicant, or in cases where the Manager determines that the application is incomplete. If the Manager determines that the application is incomplete:

            (1)    To toll the time frame for incompleteness, the City must provide written notice to the applicant within thirty (30) days of receipt of the application and specifically identify all missing documents or information required in the application.

            (2)   The timeframe for review continues running again when the applicant makes a supplemental written submission in response to the City's notice of incompleteness.

            (3)   Following a supplemental submission, the City shall notify the applicant within ten (10) days that the supplemental submission did not provide the missing information identified in the original notice. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in Subsection (1) above. In the case of a second or subsequent notice of incompleteness, the Manager may not specify missing information or documents that were not delineated in the original notice of incompleteness.

         b.   For purposes of determining if a constructed Tower or Base Station is Existing, the Tower or Base Station shall be presumed to have not been approved under a zoning or siting process, or other regulatory review process, unless a Building Permit or other proof of such process is provided by the applicant or by the City.

      3.   Manager's Decision: If the Manager determines that the request is an Eligible Facilities Request, the Manager shall approve the application. If the Manager determines that the Applicant's request is not an Eligible Facilities Request, the Manager shall deny the application, and, notwithstanding any other provision in this UDC, the applicant may immediately submit an application for modification of the WCF. Each decision shall be in writing and supported by substantial evidence in a written record. The applicant shall receive a copy of the decision.

      4.   Post-Decision Actions or Limitations: If the Manager denies an application for an Eligible Facilities Request at least fifteen (15) days prior to the expiration of the review period, the applicant may request reconsideration of the application by submitting a written objection that identifies clear error on the part of the Manager at least ten (10) days prior to the expiration of the review period. If the Manager does not approve the application in writing upon reconsideration, the original denial shall stand as the final decision of the Manager. (Ord. 23-03)

7.5.513: WCF PERMIT:

   A.   Purpose: The purpose of this Section is to ensure that Wireless Communication Facilities that are installed within the City comply with the standards of this UDC, including the use-specific standards in Subsection 7.3.303H.1 (Wireless Communication Facility).

   B.   Applicability: The WCF Permit procedure applies to all WCFs that are subject to the standards of Subsection 7.3.303H.1 (Wireless Communication Facility).

   C.   WCF Permit Process:

 

      1.   Application Submission

         a.   In addition to the appropriate application form identified in Table 7.5.5-A, the applicant shall submit with the application:

            (1)   A Signal Non-Interference Letter;

            (2)   A Radio Frequency Emissions Letter;

            (3)   A lease, license, or other written permission from the owner of the site;

            (4)   A scaled site plan, photo simulations (before and after), scaled elevation view, and line-of-sight drawing/rendering;

            (5)   If the application is for a new WCF, a Collocation Letter;

            (6)   Other supporting drawings, calculations, and other documentation, signed and sealed by appropriate qualified professionals, showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, drainage, and other information deemed by the Manager to be necessary to assess compliance with this Section; and

            (7)   Except for Small Cell Facilities in the right-of-way, prior to approval, affidavits shall be required from the owner of the property and from the applicant acknowledging that each is responsible for the removal of a WCF that is abandoned or is unused for a period of twelve (12) months.

         b.   For the first WCF application submitted to the City in a calendar year, the applicant shall provide to the Manager a narrative and map description of the applicant's existing or then-currently proposed WCFs within the City. If possible, this will include a before-and-after graphic or map showing coverage changes by the installation of the WCF. This provision is not intended to be a requirement that the applicant submit its business plan or proprietary information, or make commitments regarding locations of WCFs within the City. It is intended to allow all applicants for WCFs to share general information, assist in the City's comprehensive planning process, and promote Collocation by identifying areas in which WCFs might be appropriately constructed for multiple users. The requirement of any inventory of existing sites may be satisfied for Small Cell Facility applications through a master license agreement or similar authorization executed with the City.

         c.   The Manager may share such information with other applicants applying for administrative approvals or conditional permits under this Section or other organizations seeking to locate WCFs within the jurisdiction of the City, provided however, that the Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Table 7.5.5-A WCF Application Forms
Facility Type [1]	Application

Table 7.5.5-A WCF Application Forms
Facility Type [1]	Application
Residential Zone Districts
Nonstealth freestanding facility [2]	CM1 [3]
Roof/wall mount: [4]
10 feet or less above roofline [5]	CM3 [6]
More than 10 feet above roofline and less than the maximum height of zoning district	CM2 [7]
Located on single- and two-family dwelling units	CM1 [3]
Stealth freestanding facility [2]	CM2 [7]
Mixed-Use and Nonresidential Zone Districts
Broadcasting tower	CM1 [3]
Collocation on existing facility [8]	CM3 [6]
Nonstealth freestanding facility [9]	CM1 [3]
Roof/wall mount:
10 feet or less above roofline [5]	CM3 [6]
More than 10 feet above roofline	CM2 [7]
Stealth freestanding facility: [2]
Equal to or less than maximum height of zone district	CM2 [7]
Located within utility substations or within utility easements and exceeding the height of other vertical infrastructure by more than 4 feet	CM1 [3]
Small Cell Facilities in the right-of-way	CM5 [10]
NOTES [1]   Eligible Facilities Requests application requirements are addressed in Section 3 (WCF Eligible Facilities Requests). [2]   Within residential zones, applications for freestanding facilities (stealth and nonstealth) shall only be considered on multi-family, institutional, or nonresidential sites such as churches, schools, museums, etc. Except for Small Cell Facilities, freestanding facilities are not permitted in conjunction with a single- or two-family building. [3]   Conditional use (CM1) applications shall be subject to Planning Commission review as a conditional use in accordance with Section 7.5.601 (Conditional Use). [4]   Except with respect to Small Cell Facilities, roof/wall mount on single- and two-family buildings shall only be permitted as a conditional use where the design, materials, color, and location of the facilities blend in architecturally with the wall and substantially conceals the antennas and equipment. [5]   The 10-foot extension above the building is allowed to exceed the maximum height limitation of the zone district if screened by existing screens or parapets as provided for in the design standards. [6]   WCF Development Plan (CM3) applications shall be subject to expedited administrative review in accord with the procedures in Section 7.5.515 (Development Plan). No public notice or site posting shall be required unless determined to be necessary by the Manager. [7]   WCF Development Plan (CM2) applications shall be subject to administrative review in accord with the procedures in Section 7.5.515 (Development Plan). The findings of this Section and notice shall be provided as required by this UDC. [8]   Except for Eligible Facilities Requests, the collocation height shall be restricted to the maximum height of the zone district. If the height exceeds the maximum height of the zone district, an Administrative Waiver in accord with Subsection 7.3.303H.1.f(10) (Administrative Waiver) shall be required. [9]   In the APD and PF zone districts, a nonstealth freestanding facility requires a CM2 Development Plan application. [10]   Small Cell Facilities in the right-of-way (CM5) applications shall be subject to administrative review in accordance with the procedures and findings of this article. No public notice or site posting shall be required unless determined to be necessary by the Manager.

 

      2.   Determination of Application Completeness:

         a.   Review Periods:

            (1)   Subject to tolling as provided in Subsection b below, and unless a longer review period is agreed to by the applicant, applications for WCF shall be subject to the following review period:

               (a)   For a new WCF other than a Small Cell Facility in the right-of-way, one hundred and fifty (150) days.

               (b)   For a Small Cell Facility in the right-of-way, ninety (90) days.

               (c)   For modifications to, or collocations with, existing WCFs that do not qualify as an Eligible Facilities Request, ninety (90) days.

            (2)   The City's failure to meet the review period shall not be deemed approval of the application.

         b.   Tolling of Review Period:

            (1)   The review period begins to run when the application is filed and may be tolled where the City determines that the application is incomplete, or by mutual agreement of the City and the applicant.

            (2)   To toll the review period for incompleteness, the City must provide written notice to the applicant within thirty (30) days of receipt of the application.

            (3)   The timeframe for review period continues running again when the applicant makes a supplemental written submission in response to the City's notice of incompleteness.

      3.   Manager's Decision: The Manager shall review the WCF Permit application and shall approve, approve with conditions, or deny the petition in accord with Subsection 7.5.407D.1 (Manager), the provisions of this Section 7.5.513, the use-specific standards in Subsection 7.3.303H.1 (Wireless Communication Facility), and the review criteria in Section 7.5.409 (General Criteria for Approval). Each decision shall be in writing and supported by substantial evidence in a written record. The applicant shall receive a copy of the decision.

      4.   Post-Decision Actions or Limitations: The following provisions apply following the Manager's decision to approve or approve with conditions an application:

         a.   The Manager's decision regarding a WCF Permit for a small cell facility may not be appealed pursuant to Section 7.5.415 (Appeals).

         b.   An approved application for a Small Cell Facility in the right-of-way shall expire after one (1) year if construction of the Small Cell Facility has not been substantially completed.

         c.   Upon approval, all installation or modifications done to WCFs must be completed in accordance with all applicable building, structural, electrical, and safety requirements as set forth in the City Code and any other applicable laws or regulations.

         d.   All WCFs shall:

            (1)   Comply with any permit or license issued by a local, state, or federal agency with jurisdiction over the WCF;

            (2)   Comply with existing entitlements for the underlying real property;

            (3)   Be maintained in good working condition and to the standards established at the time of application approval; and

            (4)   Remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than thirty (30) days from the time of notification by the City or after discovery by the owner or operator of the site. Notwithstanding the foregoing, any graffiti on WCFs located in the rights-of-way or on other City-owned property may be removed by the City at its discretion and without liability to the City upon fourteen (14) days' notice to the owner/and or operator of the WCF. The owner and/or operator of the WCF shall pay all costs of such removal within thirty (30) days after receipt of an invoice from the City.

         e.   Upon request by the City, the applicant shall provide a compliance report within forty-five (45) days after installation of a WCF, demonstrating that as installed and in operation, the WCF complies with all conditions of approval, applicable Code requirements, and standard regulations. (Ord. 23-03)

7.5.514: LAND USE PLAN:

   A.   Purpose: A Land Use Plan is used to review the impact of the proposed land uses on surrounding development early in the project planning process. Land Use Plans contain an outline of a proposed zone district or project that shows land uses, development intensities and densities, access points, green space or public open space systems, and areas that should be preserved or protected.

   B.   Applicability:

      1.   General: A Land Use Plan is required in connection with the following types of applications and shall be approved before or simultaneously with the following types of applications:

         a.   An application to annex land into the City.

         b.   An application to establish or change the boundaries of any zone district, unless specifically waived pursuant to Subsection 3 below..

      2.   Expiration and Modification of Previously Approved Plans: A Master Plan or Concept Plan approved prior to the Effective Date shall not expire unless the Master or Concept Plan includes an expiration date. Modifications to adopted Master Plans or Concept Plans may be processed pursuant to Section 7.5.516 (Modification of Approved Applications).

      3.   Waiver by Manager and Land Use Statement:

         a.   The Manager may waive the requirement for approval of a Land Use Plan if the Manager determines that requiring approval of a Land Use Plan would not serve the purposes of this Section or the UDC because:

            (1)   The land area under review is less than ten (10) acres and is planned to be developed in a single phase;

            (2)   The land is contained in and subject to a previously approved Master or Concept Plan;

            (3)   The land is included in a Development Plan application;

            (4)   The land area is part of an established surrounding development pattern;

            (5)   The proposed zoning pattern for the land aligns with adjacent existing zoning or development; and/or

            (6)   Major infrastructure or urban services for the land including but not limited to access points and roadway systems, have already been established and are not proposed to be changed.

         b.   An applicant requesting a Land Use Plan waiver shall submit a Land Use Statement demonstrating that the application complies with the criteria for a waiver outlined in Subsection a above. The Manager's decision on the Land Use Statement shall be in writing and may not be appealed.

   C.    Land Use Plan Approval Process:

 

      1.    Application Submission:

         a.   General Requirements: In addition to the application submission requirements in Section 7.5.403 (Application Submission), the following items shall be included in an application submission unless the Manager determines that the required information is not necessary due to the scope of the Land Use Plan.

            (1)   Project Statement: The proposed application shall include a statement identifying and demonstrating:

               (a)   The development's proposed land uses, housing densities (if applicable), and development intensity; and

               (b)    Evaluation of how the Plan meets Land Use Plan review criteria.

            (2)   Access Nodes: The proposed Land Use Plan must indicate points of access, ingress, and egress.

            (3)   Roadway System: The proposed Land Use Plan must indicate internal connections from proposed access nodes.

            (4)   R-Flex and PDZ Districts: For development that is proposed in an R-Flex district or a PDZ district, the proposed Land Use Plan shall indicate:

               (a)   The proposed overall housing density and the locations of different housing types; and

               (b)   The location of green space, recreational facilities, or other common amenities as applicable.

            (5)   Use Types: For development that is proposed in an MX district or a PDZ district, the proposed Land Use Plan shall indicate the location of use types permitted within the proposed development.

            (6)   Residential Proposals: For residential proposals, the proposed Land Use Plan shall demonstrate how the land dedication requirements in Sections 7.4.307 (Park Land Dedications) and 7.4.308 (School Site Dedications) have been or will be met.

            (7)   Fiscal Analysis for Proposed Land Use Plan: A Land Use Plan that accompanies a request for annexation shall include the following information and demonstrate compliance with the following standards:

               (a)   A fiscal impact analysis and a calculation of total costs to the City to provide infrastructure to the proposed development for a period of at least ten (10) years;

            (8)   Land Suitability Analysis: The proposed Land Use Plan shall include a Land Suitability Analysis if required in accord with Sections 7.2.603 (SS-O: Streamside Overlay) and 7.2.610 (HS-O: Hillside Overlay).

            (9)   Geohazard Hazard Study: The proposed Land Use Plan shall include a Geologic Hazard Study if required in accord with Part 7.4.5 (Geological Hazards).

            (10)   Phasing Plan: If the applicant wishes to phase development within a Land Use Plan area, the application shall include a phasing plan reflecting the established maximum residential density or mixed-use or nonresidential development intensity within the applicable zone district.

         b.   Zone Specific Requirements: Additional requirements and criteria for the Land Use Plan may be contained in the description of the base zone district where the property is located (see Article 7.2 (Zone Districts)) or in an overlay district that applies to the property (see Part 7.2.6 (Overlay Districts)).

      2.   Decision-Making Body:

         a.   Except as noted in Subsection b below, all Land Use Plans shall be reviewed and decided by the Manager based on the criteria in Subsection 3 below.

         b.   Land Use Plans submitted in connection with an application to establish a zone district or to change zone district boundaries shall be reviewed by the Planning Commission and City Council and a decision made by City Council pursuant to Section 7.5.704 (Zoning Map Amendment (Rezoning)).

      3.   Land Use Plan Criteria: If the Land Use Plan is submitted in connection with an application to establish a zone district or to change zone district boundaries shall be reviewed based on the following criteria:

         a.   Consistency with the Colorado Springs Comprehensive Plan and other plans and policies adopted by City Council;

         b.   Consistency with development standards the zone district in which the property is located, or would be located after a requested zone district change;

         c.   Compatibility with the land uses and development intensities surrounding the property;

         d.   Impacts of the permitted or requested uses, appropriate to the type of development, the neighborhood, and the community;

         e.   Adequacy of proposed ingress/egress points and traffic circulation, both on and off the site;

         f.   Capacity of the existing streets, utilities, parks, schools, and other public facilities to serve the proposed development;

         g.   Promotion of transitions in height, intensity, or character between proposed non-residential or mixed-use development and nearby low-density residential zone districts.

      4.   Conditions and Modifications:

         a.   If a Land Use Plan is approved or approved with conditions, all subsequent development approvals and permits within the Land Use Plan area shall be consistent with the Land Use Plan as approved, subject to Subsection c below.

         b.   A proposal to modify an approved Land Use Plan shall be reviewed and a decision made pursuant to Section 7.5.516 (Modification of Approved Applications).

         c.   An approved modification of a Development Plan pursuant to Section 7.5.516 (Modification of Approved Applications) shall be treated as a modification of a Land Use Plan affecting the same property, and no revision or resubmission of the Land Use Plan shall be required, provided that the modified Development Plan includes a clear statement that it serves as a modification of the affected Land Use Plan as of the date on which the modification was approved. (Ord. 23-03)

7.5.515: DEVELOPMENT PLAN:

   A.   Purpose: The Purpose of this Section is to allow for review of a plan for development to evaluate the specific impacts of the proposed land use and site design on the adjacent properties, neighborhood, schools, parks, road systems, and existing and planned infrastructure to ensure that proposed development is appropriate at a particular location. The specific purposes of the Development Plan review procedure are to:

      1.   Ensure the development complies with the standards of this UDC, including site development standards;

      2.   Minimize potential adverse effects of proposed land use by proposing specific site design solutions;

      3.   Ensure points of access, internal circulation, and pedestrian movement to all proposed lots, land uses, and adjacent properties;

      4.   Ensure, when used in conjunction with a final Subdivision Plat, that all subdivision requirements include easement and public facility dedication requirements can be met;

      5.   Establish the approval of specified uses, dimensional standards, site design, and other conditions; and

      6.   Evaluate existing and proposed road systems, utilities, schools, parks, and other public facilities to determine if they are adequate to serve the proposed project.

   B.   Applicability:

      1.   A Development Plan is required in connection with the following types of applications, and shall be approved before or simultaneously with related applications, unless specifically exempted in Subsection 2 below.

         a.   All new construction.

         b.   When no Development Plan for the property has previously been approved by the City, additions to an existing building that cumulatively, as of September 12, 1995, increases the gross floor area of the building by fifty (50) percent or greater.

         c.   When required by the Planning Commission or City Council, as a condition of record for the establishing or changing the boundaries of a zone district.

         d.   Conversion of vacant land into a new use.

         e.   Application for a Conditional Use Permit.

         f.   The conversion of an existing use to a use in another category as set forth in Part 7.3.2.

         g.   The total redevelopment (demolition and new construction) of an existing building or site.

      2.   Notwithstanding Subsection 1 above, a Development Plan is not required in connection with the following:

         a.   New construction or conversion of or an addition to an existing detached single-family or attached two-family residential structure, accessory dwelling unit, and accessory structures upon an existing platted lot.

         b.   Additions to an existing building that cumulatively, after September 12, 1995, increase the gross floor area of the building by less than fifty (50) percent.

         c.   Public parks in which a Park Master Plan has been or will be reviewed by the Parks, Recreation, and Cultural Services Department.

         d.   A project of the federal government if both the property and the structure will be owned, maintained, and operated by the government.

         e.   One (1) lot single-family residentially zoned property located within the HS-O district platted prior to June 7, 1996, and not part of an existing Development Plan. However, prior to issuance of Building Permits for homes on these properties, an approved Hillside Site and Grading Plan and geologic hazard study are required.

         f.   If the Manager finds that the scope or potential impacts of the project does not warrant the review and approval of a Development Plan.

      3.   A Land Use Plan shall be approved prior to the approval of a Development Plan unless a Land Use Plan is not required pursuant to this UDC.

      4.   A Development Plan is a planning document only. Approval of a Development Plan does not grant any variances to this UDC and does not waive any of the requirements of design as contained in the City of Colorado Springs Engineering Criteria. Development Plans shall not be considered construction drawings.

   C.   Development Plan Approval Process:

 

      1.   Application Submission:

         a.   General Requirements: A Development Plan must meet the following requirements:

            (1)   Access and interior roadway systems shall be reflective of the approved Land Use Plan if applicable.

            (2)   A phasing plan shall be required if the applicant proposes to phase the submittal of a Development Plan for the zone district or phase the platting and construction of the development. The phasing plan shall propose a sequence of development and the provision of required public improvements. Each phase of a plan shall reflect the established zone density of the overall Land Use Plan.

            (3)   An application that proposes the removal of residential dwellings with rents below the fair market rate established by the U.S. Department of Housing and Urban Development shall be forwarded to the Manager for review and comment.

         b.   Zone Specific Requirements: Additional requirements and criteria for the Development Plan may be contained in the description of the base zone district where the property is located (see Article 7.2 (Zone Districts)) or in an overlay district that applies to the property (see Part 7.2.6 (Overlay Districts)).

         c.   Preliminary Development Plan Review:

            (1)   A preliminary Development Plan review is required in connection with the following types of applications and shall be approved before or simultaneously with related applications.

               (a)   For properties located within an A, R-E, R-1 9, R-1 6, or R-2 zone districts when, prior to the issuance of a Building Permit, an approved Final Plat, intended for single-family or two-family residential use, has been recorded.

               (b)   For a single- and two-family residential use located within a single- and two-family residentially zoned property, upon an already platted lot, and where no Development Plan exists.

            (2)   The Manager may require that a preliminary plan include preliminary grading plan, preliminary utilities plan, and site plan.

   D.   Development Plan Review Criteria:

      1.   General: The decision-making body shall review the Development Plan application or amendment and approve, approve with conditions, or deny the application based on the following criteria:

         a.   The decision-making criteria in Section 7.5.409 (General Criteria for Approval) apply unless modified by this Subsection 4;

         b.   The application complies with all applicable Use-specific standards in Part 7.3.3 related to the proposed use(s);

         c.   The details of the site design, building location, orientation, and exterior building materials are compatible and harmonious with the surrounding neighborhood, buildings, and uses, including not-yet-developed uses identified in approved Development Plans;

         d.   Significant off-site impacts reasonably anticipated as a result of the project are mitigated or offset to the extent proportional and practicable;

         e.   The Development Plan substantially complies with any City-adopted plans that are applicable to the site, such as Land Use Plans, approved master plans for a specific development, neighborhood plans, corridor plans, facilities plans, urban renewal plans, or design manuals;

         f.   The project meets dimensional standards applicable to the zone district, or any applicable requirement in an FBZ or PDZ district;

         g.   The project grading, drainage, flood protection, stormwater quality, and stormwater mitigation comply with the City's Engineering Criteria, the drainage report prepared for the project on file with the Stormwater Enterprise Manager, and other federal, state, and City regulations;

         h.   The project complies with all the development standards of Article 7.4 (Development Standards and Incentives), including access and connectivity requirements in Part 7.4.4 (Access and Connectivity), the landscaping and green space requirements in Part 7.4.9 (Landscaping and Green Space), and the parking and loading requirements in Part 7.4.10 (Parking and Loading);

         i.   The project complies with all applicable requirements of any Overlay District in which the property is located, as listed in Part 7.2.6 (Overlay Districts);

         j.   The project preserves, protects, integrates, or mitigates impacts to any identified sensitive or hazardous natural features associated with the site;

         k.   The project connects to or extends adequate public utilities to the site. As required by Colorado Springs Utilities, the project will extend the utilities to connect to surrounding properties; and

         l.   If necessary to address increased impacts on existing roadways and intersections, the project includes roadway and intersection improvements to provide for safe and efficient movement of multi-modal traffic, pedestrians, and emergency vehicles in accordance with the Engineering Criteria, public safety needs for ingress and egress, and a City accepted traffic impact study, if required, prepared for the project.

      2.   Streamside Overlay Approval Criteria: In addition to the Development Plan review criteria as set forth in Subsection 1 above, all Development Plans submitted for review for property within the SS-O district shall meet all standards as required by Section 7.2.603 (SS-O: Streamside Overlay), unless any of these requirements are waived by the Manager.

      3.   Hillside Overlay Approval Criteria: In addition to the Development Plan review criteria as set forth in Subsection 1 above, all Development Plans submitted for review for property within the HS-O district shall include all documentation required by, and shall meet all standards in Section 7.2.610 (HS-O: Hillside Overlay), unless any of these requirements are waived by the Manager based on the size, scale, or potential impacts of the application.

      4.   Airport Overlay Approval Criteria: In addition to the Development Plan review criteria as set forth in Subsection 1 above, all Development Plans submitted for review for property within the AP-O or AF-O districts shall include all documentation required by, and shall meet all standards in Sections 7.2.601 (AP-O: Airport Overlay) or 7.2.602 (AF-O: United States Air Force Academy Overlay), unless any of these requirements are waived by the Manager based on the size, scale, or potential impacts of the application, and shall comply with the following criteria:

         a.   Development Plans within the AP-O: Airport Overlay:

            (1)   All Development Plans submitted together with a Final Plat in which any portion of the property is located within the AP-O district shall include the following statement:

         "An avigation easement effecting the subject property and development is established by the "Subdivision Plat Name" Subdivision Plat. This easement is subject to the terms and conditions as specified in the instrument recorded under reception no. 217069667 of the records of El Paso County, Colorado."

            (2)   All Development Plans submitted on an existing platted lot in which any portion of the property is located within the AP-O district and that does not have an existing avigation easement across the property, shall include the following statement:

         "Prior to issuance of a Building Permit or beginning any development, an avigation easement for the benefit of the Colorado Springs Airport will be established either by Subdivision Plat or separate recorded instrument."

         b.   Development Plans within the AF-O: United States Air Force Academy Overlay:

            (1)   All Development Plans submitted together with a Final Plat in which any portion of the property is located within the AF-O district shall include the following statement:

         "Note: This property may be impacted by noise and other similar sensory effects of flight caused by aircraft both in the United States Air Force Academy's Airmanship program and during special events. This notice shall remain in effect until the Air Force Academy shall cease to be used for flight training purposes, or until all airports on the Air Force Academy shall cease to be actively used. This notice shall run in perpetuity with the land."

            (2)   All Development Plans submitted on an existing platted lot in which any portion of the property is located within the AF-O district and that does not have an existing avigation easement across the property, shall include the following statement:

         "All lots and tracts within this subdivision are subject to an avigation easement to the United States Air Force Academy as recorded under reception no. _____________ in the office of the Clerk and Recorder of El Paso, County, Colorado."

   E.   Decision-Making Body: The decision-making body shall review the Development Plan application or amendment application and shall approve, approve with conditions, or deny the application based on applicable criteria listed in Subsection D above.

      1.   Manager Decisions: The Manager shall determine if the Development Plan meets the criteria in Subsection D above and approve or refer to the Planning Commission if found necessary for final review authority.

      2.   Recommendation to the Planning Commission:

         a.   If the Development Plan is referred to the Planning Commission, the Manager shall prepare a recommendation for the Planning Commission to approve, approve with conditions, or deny the Development Plan based on the criteria in Subsection D above.

         b.   Development Plans submitted in connection with an application for a Conditional Use Permit shall be reviewed and a decision made by the Planning Commission pursuant to Section 7.5.601 (Conditional Use).

   F.   Post-Decision Actions and Limitations:

      1.   Expiration:

         a.   Except as stated in Subsection b, a Development Plan expires six (6) years after approval if no Building Permit has been issued or no use illustrated on the plan has commenced. Prior to the expiration of a Development Plan, the applicant may request and the Manager may authorize a maximum of two (2), two-year extensions of the Development Plan approval if a review of the plan shows that no major changes in the City's development standards or in the development pattern of the surrounding properties has occurred.

         b.   A Development Plan does not expire for:

            (1)   A single-family residential subdivision project when a final Subdivision Plat for all or a portion of the individual lots has been recorded.

            (2)   A project where public water, sewer, electric, and gas utilities and public or private streets, drainage, and other public improvements have been installed, constructed, inspected, and accepted by the City.

            (3)   Any part of the Development Plan area that has been constructed or a use authorized by the Development Plan has commenced.

      2.   Reconstruction of Damaged Buildings with a Previously Approved Development Plan: A building or buildings may be rebuilt according to the approved Development Plan within six (6) years of the date of damage or destruction.

      3.   Continuing Validity of Land Use Plan: If a Development Plan is approved for part of an area within an approved Land Use Plan, the remaining area(s) of the Land Use Plan shall remain approved and valid unless the Manager determines that the Development Plan differs significantly from the Land Use Plan in way that could create adverse impacts on surrounding properties or could create difficulties or inefficiencies in the delivery of City services.

      4.   Continuing Compliance Required: All properties subject to an approved Development Plan shall be developed and maintained in accord with the approved Plan. All new construction, alteration, enlargement, or modification of existing structures and changes of land uses must substantially conform to the approved Development Plan or as amended or as modified. (Ord. 23-03; Ord. 25-45)