4.1.1.   Special Purpose, Overlay, and Obsolete Zoning Districts

Table 4.1 lists the Special Purpose, Overlay, and Obsolete Zoning Districts included in this Code.

Table 4-1. List of Special Purpose, Overlay and Obsolete Zoning Districts.

4.1.2.   Special Purpose Districts

Special purpose zoning districts are established to accommodate unique uses or development types or to address special development conditions. Special purpose zoning districts are base zoning districts intended for very specific application.

4.1.3.   Overlay Zoning Districts

As the name implies, overlay districts work in combination with base zoning districts to impose additional requirements and standards on specific property or to modify the standards associated with the base zoning district. These additional standards only apply within the limits of the overlay district. Overlay zoning districts are established and amended in accordance with the rezoning procedures applicable to any other zoning district, except as otherwise provided within this Code.

4.1.4.   Obsolete Zoning Districts

The C-1, C-2, M, and R-4 zoning districts have been declared to be obsolete pursuant to BoCC Resolution No. 91-59, Land Use 10 as replaced by Resolution 92-46, Land Use-9. No land will be rezoned to an Obsolete Zoning district. The BoCC may modify the allowed uses, special uses, and development standards within these zoning districts.

Landowners are encouraged to rezone land from an Obsolete Zoning district classification. The BoCC may offer incentives, such as modified application fees in order to accomplish this goal.

4.2.1.   R-T, Residential-Topographic District

(A)

Purpose. The R-T district is intended to accommodate residential use in regions of extreme topographical conditions.

(B)

Allowed, Special, Accessory, and Temporary Uses. The allowed, special, accessory, and temporary uses in the R-T district are shown in the Use Table in Chapter 5.

(C)

Use and Dimensional Standards. All uses and development in the R-T district are subject to the use and dimensional standards listed in Table 4-2.

Table 4-2. R-T District Use and Dimensional Standards

(D)

General Development Standards. All uses and development in the R-T district are subject to the general development standards in Chapter 6.

4.2.2.   MHP, Mobile Home Park District

(A)

Purpose. The MHP district is intended to promote an acceptable living environment for occupants of mobile home parks.

(B)

Allowed, Special, Accessory, and Temporary Uses.

(1)

General. The allowed, special, accessory, and temporary uses in the MHP district are shown in the Use Table in Chapter 5.

(2)

Recreational Vehicles. A temporary use permit shall be obtained for the placement of recreational vehicles for purposes of occupancy within a mobile home park. The placement of recreational vehicles within a mobile home park shall be limited to a maximum of 5% of the individual mobile home spaces as shown on the approved site development plan. The placement of a recreational vehicle within a mobile home park is limited to 1 year. A new temporary use permit shall be obtained for each 1 year period. The temporary use is specific to the vehicle.

(C)

Use and Dimensional Standards. All uses and development in the MHP district are subject to the following use and dimensional standards.

(1)

Lot Area. The minimum lot area for mobile home parks is 10 acres.

(2)

Road Frontage. Mobile home parks shall have at least 60 feet of frontage on a public road.

(3)

Height. Buildings and structures shall not exceed 30 feet in height.

(D)

Mobile Home Park Standards. Mobile home parks established in the MHP district are subject to the following development standards.

(1)

Water and Sewer. Mobile home parks shall be served by a central water and sewer system.

(2)

Access to Mobile Home Parks. Mobile home parks shall have access from a public road. A minimum of 2 access drives at least 15 feet in width shall be provided from a public road to the mobile home park's internal road system. 1 access drive shall be at least 28 feet in width, be designed to accommodate 2 lanes of traffic, and have sidewalks on both sides. No parking is allowed on the access drives. The access drives and sidewalks shall be hard-surfaced.

(3)

Internal Roadways. The internal roads shall be: hard-surfaced; have a minimum width of 28 feet; and be privately owned, constructed, and maintained. The internal roads shall be designed and constructed to provide safe and convenient access to all spaces and facilities for common use. The internal roads shall be designed to provide adequate space for utilities within or adjacent to the roadway.

(4)

Signage. All internal roads shall be identified by a clear and legible road sign and each mobile home and manufactured home site shall be clearly marked with an address for emergency response purposes.

(5)

Internal Pedestrian Sidewalks. Hard-surfaced sidewalks shall be provided on both sides of internal roads. Sidewalks shall have a minimum width of 3 feet, excluding curb and gutter.

(6)

Landscaping. In addition to meeting the landscaping standards in Chapter 6, the boundary of the mobile home park where not abutting the boundary of another mobile home park or mobile home subdivision shall be landscaped with hedges, evergreens, shrubbery, or a 6-foot screening wall to serve as a buffer from the adjacent property. The landscaping or walls shall be located on privately owned land and be privately constructed and maintained.

(7)

Recreation Area Requirements. At least 8% of the gross area of the mobile home park shall be set aside for recreational purposes for use by the residents of the park. Sidewalks shall be provided to the recreational facilities. Recreations areas may be left as open playground areas or developed with recreation facilities, and shall be privately owned, constructed and maintained.

(8)

Outdoor Storage Area. A minimum of 100 square feet of hard-surfaced storage area per mobile home space shall be provided in a common storage area with a security fence. This area is for outdoor storage for mobile home park residents only.

(9)

Mobile Home Space Size and Setback Standards. The setbacks and dimensional standards in Table 4-3 shall apply to all mobile home parks.

Table 4-3. MHP District Mobile Home Park Space and Setback Standards

(10)

Number of Units Per Space. Only 1 mobile home shall be located on each mobile home space.

(11)

Building Separation. All buildings or structures that are park facilities, including park offices and community buildings shall maintain a 20 foot separation from mobile homes and accessory buildings or structures.

(12)

Animals. The occupants of each mobile home may keep a maximum of 4 dogs or cats, subject to the requirements of Chapter 5.

(13)

Site Development Plan Approval Required. Site development plan approval is required for all mobile home parks prior to placement of a mobile home. The site development plan shall comply with the addressing requirements of the Building Department and any road naming conventions adopted by the County.

(14)

Subdivision Approval Required. Occupancy of a mobile home within a mobile home park is not allowed until the property is platted in accordance with the requirements of this Code, unless otherwise exempted from subdivision by State Statute.

(15)

Maintenance Plan. If roads, sidewalks, landscaping, common areas, open space, utilities, or other facilities are to be maintained by a homeowners' association (HOA), the applicant shall submit a maintenance plan in accordance with Chapter 6. If the mobile home park is exempted from subdivision, the maintenance statement addressing ownership and maintenance shall be submitted with the site development plan and recorded prior to the issuance of a building permit. If the approval of the mobile home park requires subdivision, the maintenance plan shall be submitted concurrently with the plat and recorded in conjunction with the plat.

(16)

Site Plan Approval Required. Site plan approval is required prior to building permit authorization for any individual mobile home or building within the park.

(E)

General Development Standards. All uses and development in the MHP district are subject to the general development standards in Chapter 6.

4.2.3.   MHP-R, Mobile Home Park District-Rural

(A)

Purpose. The MHP-R district is intended to: (1) ensure and promote an acceptable living environment for the occupants of mobile home park developments in areas that cannot be reasonably served by central sewage treatment facilities and otherwise without reasonable access to full urban services; (2) encourage efficient and functional use of rural land for mobile/manufactured home park developments; and (3) minimize potential impacts on surrounding land uses.

(B)

Allowed, Special, Accessory, and Temporary Uses. The allowed, special, accessory, and temporary uses in the MHP-R district are shown in the Use Table in Chapter 5.

(C)

Use and Dimensional Standards. All uses and development in the MHP-R district are subject to the following use and dimensional standards, unless the BoCC expressly waives or modifies 1 or more of the requirements in the approval of the rezoning, based on a determination by the BoCC that compliance with 1 or more of the standards is not necessary to protect the health, safety, or welfare of the public or to manage the potential impacts of the land use on nearby properties.

(1)

Lot Area. The minimum lot or parcel area for mobile home parks is 35 acres.

(2)

Density. Residential density shall not exceed 1 dwelling unit per 2.5 acres. Clustering of units is encouraged providing all development standards are met.

(3)

Height. Buildings and structures shall not exceed 30 feet in height.

(4)

Setback Standards. The setbacks shown in Table 4-4 shall apply to all buildings and structures in a MHP-R zoning district.

Table 4-4. MHP-R Setback Standards

(D)

Mobile Home Park Standards.

(1)

Number of Units per Site. Only 1 mobile home shall be located on each mobile home space. A maximum of 2 dwelling units may be served by an OWTS if approved by the EPCPH.

(2)

Road Frontage. Mobile home parks shall have at least 400 feet of frontage on a public road.

(3)

Access.

(a)

10 or More Dwelling Units. Mobile home parks containing 10 or more dwelling units shall have direct access to a public or private road with a paved or chip and seal surface.

(b)

Fewer Than 25 Dwelling Units. Mobile home parks with fewer than 25 dwelling units shall have a minimum of 1 direct point of access on a public road.

(c)

25 or More Dwelling Units. Mobile home parks with 25 or more dwelling units shall have a minimum of 1 direct point of access on a public road and a second access point that is sufficient for use by emergency vehicles.

(d)

No Driveway Access from Dwelling Unit to Public Road. No direct driveway access from mobile home spaces to a public road is allowed.

(4)

Internal Road Design. Internal roads shall at a minimum be gravel surfaced. Hard surfacing shall be required for all internal roads projected to carry 200 or more vehicle trips per day. Hard surfacing of internal roadways may be deferred until traffic thresholds are met either by collateralizing the improvements with the PCD or recording a limit on development in the Office of the Clerk and Recorder.

(5)

Internal Road Maintenance. All interior roads, trails or drainage facilities shall be privately maintained.

(6)

Signage. All internal roads shall be identified by a clear and legible road sign and each mobile home and manufactured home space shall be clearly marked with an address for emergency response purposes.

(7)

Utility Easement. Easements for public utility lines shall be granted along property boundaries consistent with the policies of the applicable service providers.

(8)

Water. All mobile home parks shall comply with all standards and requirements governing public drinking water supplies, if a central water system is utilized. New or expanded rural mobile home parks shall comply with the water quality standards of Chapter 6. When applicable, the mobile home park shall comply with the CDPHE Technical, Managerial, and Financial (TMF) Capacity Review and Construction Approval requirements.

(9)

OWTS. Any mobile home park shall comply with all requirements and standards of the EPCPH and the CDPHE, as applicable regarding wastewater disposal. All new or expanded mobile home parks shall submit a wastewater disposal report pursuant to Chapter 8. Percolation tests shall be performed at a minimum of 20% of all proposed septic system locations unless an alternate procedure is determined to be acceptable by the EPCPH. A maximum of 2 units may be served by a single OWTS, if approved by the EPCPH.

(10)

Fire Protection. All mobile home parks shall be included within or have a service commitment from an organized fire protection district; meet all applicable regulations of the local fire department; and construct and maintain at least 1 on-site source of water supply for fire suppression unless the source of water supply is not required by the servicing fire department.

(11)

State Requirements. Mobile home parks shall comply with the CDPHE "Sanitary Standards and Regulations for Mobile Home Parks," as applicable. Mobile home parks are exempt from the following sections of the "Sanitary Standards and Regulations for Mobile Home Parks":

• Section 3.2, except grasses, weeds and other vegetation shall be mowed in the immediate vicinity of structures and common areas, and as required by fire codes and BoCC ordinance.

• Section 3.3, except illumination may be required in accordance with Chapter 6.

• Section 5.2-5.14, except in cases where either central water or central sewer service is being provided.

• Section 9.2

• Section 9.18, except all structures shall conform to the Building Code.

(12)

Leasing. Mobile home spaces may be leased for long-term occupancy.

(13)

Landscaping and Fencing. The boundary of the mobile home park shall be landscaped or fenced. Hedges, evergreens, shrubbery, screening wall or an agricultural fence may be installed to serve as a buffer or barrier from adjacent property. Landscaping, fences or walls shall be privately owned, constructed and maintained. Internal landscaping is not required.

(14)

Animals. The occupants of each mobile home or manufactured home may keep a maximum of 4 dogs or cats, subject to the requirements of Chapter 5.

(15)

Agriculture. Agricultural operations such as farms, ranches, dairies, and livestock sales and feed yards are prohibited on the same property if they are located within 100 feet of any mobile home used as a residence. Hobby farms and community gardens are allowed, but only within designated common areas depicted on the approved site development plan.

(16)

Trash Pickup. Scheduled trash pick-up shall be arranged and maintained by the park owner. If centralized collection locations are used, they shall be screened, secured and maintained by the park owner and comply with EPCPH regulations.

(17)

Site Development Plan. Site development plan approval is required for all mobile home parks prior to the placement of a mobile home. The site development plan shall comply with the addressing requirements of the Building Department and any road naming conventions adopted by the County.

(18)

Maintenance Plan. A maintenance plan shall be submitted and approved by the PCD Director prior to issuance of a building permit. The maintenance plan shall comply with Chapter 6 and specifically include a schedule for septic system pumping and other required maintenance and repair.

(E)

General Development Standards. All uses and development in the MHP-R district are subject to the General Development Standards in Chapter 6.

(Res. No. 17-374, Exh. A, 12-12-2017)

4.2.4.   MHS, Mobile/Manufactured Home Subdivision District

(A)

Purpose. The MHS district is intended to accommodate mobile/manufactured home subdivisions where individual lots are established and may be conveyed.

(B)

Allowed, Special, Accessory, and Temporary Uses. The allowed, special, accessory, and temporary uses in the MHS district are shown in the Use Table in Chapter 5.

(C)

Use and Dimensional Standards. All uses and development in the MHS district are subject to the following use and dimensional standards.

(1)

Minimum Area of Subdivision. Mobile/manufactured home subdivisions shall have a minimum area of 20 acres.

(2)

Road Frontage. Mobile/manufactured home subdivisions shall have at least 60 feet of frontage on a public road.

(3)

Water and Sewer. Mobile/manufactured home subdivisions shall be served by a central water and sewer system.

(4)

Height. Buildings and structures shall not exceed 30 feet in height.

(5)

Roads. The internal road system shall be designed to ensure safe and efficient traffic circulation. The road system shall be designed to serve the local needs of the neighborhood and to provide direct access to the abutting properties. Road access to mobile/manufactured home subdivisions shall be provided in accordance with the standards of Chapter 8 and the ECM. Public right-of-way shall be dedicated and public improvements constructed in accordance with the standards of Chapter 8.

(6)

Private Internal Roads. Private roadways shall be designed for safe and convenient accesses to all lots and to facilities for common use and provide adequate space for utilities. Private roadways shall be privately owned, constructed and maintained. All private roads shall be hard-surfaced and have a minimum width of 28 feet.

(7)

Sidewalks. Hard-surfaced sidewalks shall be provided on both sides of internal roadways whether public or private, in accordance with Chapter 8 and the ECM.

(8)

Fencing and Landscaping. The boundary of the mobile/manufactured home subdivision shall be surrounded by a screening wall or fence with a minimum height of 6 feet. Along the mobile/manufactured home park subdivision boundaries abutting a public park or public open space hedges, evergreens and shrubbery in accordance with Chapter 6 may be used in lieu of a fence. All fences, screening, buffers, open spaces, recreational areas, and setback areas shall be privately owned, constructed and maintained.

(9)

Mobile/Manufactured Home Subdivision Lot Size and Setback Standards. The setback and dimensional standards in Table 4-5 apply to all mobile/manufactured home subdivisions.

Table 4-5. MHS Lot Size and Setback Standards

(10)

Alternative Dimensional Standards.

(a)

Authority. The PDC Director may approve alternative dimensional standards on a case by case basis where meeting the setback requirements is not possible due to narrowness, shallowness, shape, topographic condition, or to provide limited flexibility to lot standards when it is determined that no substantial detriment to the public good, nor harm to the general purpose and intent of this Code, will be caused.

(b)

Review Criteria. For the PCD Director to approve alternative dimensional standards the following criteria shall be met:

• The strict application of the standard(s) in question is unreasonable or unnecessary given the development proposal or the property has extraordinary or exceptional physical conditions that prevent the structure from meeting the required dimensional standard(s);

• The intent of this Code and the specific regulation in question is preserved;

• The granting of the alternative dimensional standard(s) will not result in an adverse impact on surrounding properties; and

• The granting of the alternative dimensional standard(s) will not allow an increase in the number of dwelling units on a parcel.

(11)

Foundation Requirement. Mobile homes or manufactured homes may have either a temporary or permanent foundation, as required by the local authority having jurisdiction.

(12)

Number of Mobile or Manufactured Homes per Lot. Only 1 mobile or manufactured home shall be located on each lot.

(13)

Building Separation. All buildings or structures shall maintain separation from other buildings and structures as required by the Building Code.

(14)

Skirting. All mobile homes shall be skirted.

(15)

Lots on Exterior Boundary of Subdivision. Lots on the periphery of a mobile/manufactured home subdivision shall front toward the interior of the mobile/manufactured home subdivision. No lot in the mobile/manufactured home subdivision may front on a road where the opposite side of the road is outside the MHS district.

(16)

Site Plan. Site plan approval is required prior to authorization for any mobile or manufactured home to be placed or building to be constructed within a mobile/manufactured home subdivision.

(17)

Maintenance Plan. If roads, sidewalks, landscaping, common areas, open space, recreational facilities, or other facilities are to be maintained by a HOA, the applicant shall submit a maintenance plan in accordance with Chapter 6. A maintenance statement addressing ownership and maintenance shall be submitted with the rezoning request. The maintenance plan shall be submitted concurrently with the final plat and recorded in conjunction with the final plat.

(18)

Platting. Occupancy of any mobile or manufactured home within a mobile home subdivision is not allowed until the property is platted in accordance with the requirements of this Code, unless otherwise exempted by State Statute.

(D)

General Development Standards. All uses and development in the MHS district are subject to the general development standards in Chapter 6.

(Res. No. 17-374, Exh. A, 12-12-2017)

4.2.5.   RVP, Recreational Vehicle Park District

(A)

Purpose. The RVP district is intended to accommodate recreational vehicle parks, which are sites used for the location of occupied recreational vehicles.

(B)

Allowed, Special, Accessory, and Temporary Uses. The allowed, special, accessory, and temporary uses in the RVP district are shown in the use table in Chapter 5.

(C)

Use and Dimensional Standards. All uses and development in the RVP district are subject to following standards.

(1)

Minimum Area of Park. Recreational vehicle parks shall have a minimum area of 5 acres.

(2)

Density. No more than 25 recreational vehicles are allowed per acre of land.

(3)

Road Frontage. Recreational vehicle parks shall have at least 60 feet of frontage on a public road.

(4)

Height. Buildings and structures in the RVP district shall not exceed 30 feet in height.

(5)

Access. Recreational vehicle spaces shall access the interior roadway system within the park. No road access to any space from a public right-of-way is allowed.

(6)

Internal Roads and Sidewalks. The internal road system in a recreational vehicle park shall be privately owned, constructed and maintained, and shall be designed for safe and convenient access to all spaces and to facilities for common use by park occupants, and comply with the fire department or authority requirements. The roads shall be at least 25 feet in width for 2-way and 18 feet in width for 1-way travel. The radius on all curves shall be at least 40 feet. If cul-de-sacs are used, adequate vehicular turning space shall be provided, with a minimum turning radius of 40 feet. Road grades shall not exceed 6%. Sidewalks shall be provided to serve, accessory, and recreational buildings. Road and sidewalks shall be adequately lighted, in conformance with Chapter 6 and shall be hard-surfaced.

(7)

Water and Sewer. Water and wastewater facilities, including any sanitation dump stations, serving the recreational vehicle park shall comply with CDPHE and EPCPH regulations. If tent camping is allowed, provisions shall be made for appropriate sanitary facilities, to the satisfaction of the EPCPH.

(8)

Fire Protection. The recreational vehicle park shall comply with fire code regulations of the appropriate fire department or authority. Fires may only be made in stoves and other equipment intended for such purposes. The recreational vehicle park shall be kept free of litter, rubbish, and other inflammable materials.

(9)

Landscaping. Landscaping shall be in conformance with the requirements of Chapter 6. The boundary of the recreational vehicle park shall be buffered with, landscaping, hedges, evergreens, shrubbery or a 6-foot screening wall or fence installed to serve as a buffer from adjacent property. The landscaping, fences, or walls and adjacent setback areas shall be privately owned, constructed and maintained.

(10)

Recreation Area Requirements. At least 8% of the total area of a recreational vehicle park shall be set aside as open space for recreational purposes for park users. This area may not include area reserved for service facilities, setbacks, or other non-useable areas.

(11)

Storage Areas. Separate areas for temporary storage of boats, pull behind trailers, etc, if requested by PCD shall be reflected on the site development plan.

(12)

Recreational Vehicle Setback Standards. All recreational vehicles shall meet the setbacks in Table 4-6. Recreation vehicle park spaces shall be designed and located to ensure the setbacks will be met.

Table 4-6. Recreational Vehicle Setback Standards

(13)

Private Towers. Private towers, except crank up towers attached to vehicles, shall not be located upon recreational vehicle spaces. Private towers may be located within common areas, subject to the requirements of Chapter 5.

(14)

Animals. The occupants of each recreational vehicle may keep a maximum of 4 dogs or cats, subject to the requirements of Chapter 5.

(15)

Site Development Plan. Site development plan approval is required for all recreational vehicle parks prior to occupancy of the park. Any locations proposed for temporary events, storage or tent camping shall be reflected on the site development plan.

(16)

Maintenance Plan. A maintenance statement addressing ownership and maintenance shall be submitted with the rezoning request, in accordance with Chapter 6. The maintenance plan shall be submitted concurrently with the plat and recorded in conjunction with the plat. If the recreational vehicle park is exempted from subdivision, then the maintenance plan shall be submitted and recorded prior to approval of the site development plan.

(17)

Platting. Occupancy of a recreational vehicle is not allowed until the property is platted in accordance with the requirements of this Code, unless otherwise exempted by State Statute.

(18)

Signage. Any signage associated with the recreational vehicle park, and any temporary events shall conform to the requirements of Chapter 6.

(D)

General Development Standards. All uses and development in the RVP district are subject to the General Development Standards in Chapter 6.

(Res. No. 17-372, Exh. A, 12-12-2017; Res. No. 17-374, Exh. A, 12-12-2017)

4.2.6.   PUD, Planned Unit Development District

(A)

Purpose. The Planned Unit Development (PUD) district is a versatile zoning mechanism to encourage innovative and creative design and to facilitate a mix of uses including residential, business, commercial, and industrial, recreation, open space, and other selected secondary uses. This zoning district is established in accordance with C.R.S. §§ 24-67-101, et seq., to accomplish the following objectives:

• To further the public health, safety and general welfare within El Paso County;

• To permit adjustment to changing public and private needs and to foster the ability to provide development patterns which are more compatible with and effective in meeting such needs;

• To improve the design, character and quality of new development with flexibility by varying lot size, building heights, setback controls and other site development requirements;

• To encourage innovations in residential, commercial, and industrial development and renewal so that the growing demands of the population may be met by greater variety in type, design, and layout of buildings including mixed use and traditional neighborhood design and by the conservation and more efficient use of open space ancillary to said buildings;

• To encourage more efficient use of land services reflecting changes in the technologies and economies of land development;

• To provide housing of all types and designs to be located in proximity to employment and activity centers such as shopping, recreational, and community centers, healthcare facilities, and public transit;

• To achieve development economies to minimize impacts on existing infrastructure and to encourage the most efficient use of public infrastructure while limiting the costs of providing services and to reduce the burden on existing streets and utilities by more efficient development;

• To promote layout, design and construction of development that is sensitive to the natural land form and environmental conditions of the immediate and surrounding area, including scenic vistas, natural features and environmental resources;

• To ensure that provision is made for beneficial open space, to provide for active, usable open spaces, and to preserve open areas;

• To encourage integrated planning systems to achieve the objectives of and to otherwise implement the stated purpose and intent of this Code and the Master Plan;

• To create an integrated and fixed set of land use controls which allow multiple and mixed uses in 1 coordinated development; and

• To establish a basis for vested property rights for multi-year projects.

(B)

Allowed, Special, Accessory, and Temporary Uses. The allowed, special, accessory, and temporary uses in the PUD zoning district are established by the approval of the PUD zoning and the associated development plan and development guide. All uses identified within a PUD are subject to corresponding use specific development standards in the Land Development Code, as amended, unless otherwise modified by the PUD. Some uses may be subject to additional local, State, and/or federal regulation(s) which the BoCC may use as a basis to deny requests for PUD modification.

(C)

Limitations on the Development of a PUD Zoning District. An approved PUD development plan is required before any building permits or use permits may be issued within a PUD zoning district, subject to compliance with application subdivision regulations.

(D)

Approval Criteria For PUD Zoning. The Planning Commission and BoCC shall determine that the following criteria have been met to approve a PUD zoning district:

• The proposed PUD District zoning advances the stated purposes set forth in this Section;

• The application is in general conformity with the Master Plan;

• The proposed development is in compliance with the requirements of this Code and all applicable statutory provisions and will not otherwise be detrimental to the health, safety, or welfare of the present or future inhabitants of El Paso County;

• The subject property is suitable for the intended uses and the use is compatible with both the existing and allowed land uses on the neighboring properties, will be in harmony and responsive with the character of the surrounding area and natural environment; and will not have a negative impact upon the existing and future development of the surrounding area;

• The proposed development provides adequate consideration for any potentially detrimental use to use relationships (e.g. commercial use adjacent to single family use) and provides an appropriate transition or buffering between uses of differing intensities both on-site and off-site which may include innovative treatments of use to use relationships;

• The allowed uses, bulk requirements and required landscaping and buffering are appropriate to and compatible with the type of development, the surrounding neighborhood or area and the community;

• Areas with unique or significant historical, cultural, recreational, aesthetic or natural features are preserved and incorporated into the design of the project;

• Open spaces and trails are integrated into the development plan to serve as amenities to residents and provide a reasonable walking and biking opportunities;

• The proposed development will not overburden the capacities of existing or planned roads, utilities and other public facilities (e.g., fire protection, police protection, emergency services, and water and sanitation), and the required public services and facilities will be provided to support the development when needed;

• The proposed development would be a benefit through the provision of interconnected open space, conservation of environmental features, aesthetic features and harmonious design, and energy efficient site design;

• The proposed land use does not permit the use of any area containing a commercial mineral deposit in a manner which would unreasonably interfere with the present or future extraction of such deposit unless acknowledged by the mineral rights owner;

• Any proposed exception or deviation from the requirements of the zoning resolution or the subdivision regulations is warranted by virtue of the design and amenities incorporated in the development plan and development guide; and

• The owner has authorized the application.

(E)

PUD Development Plan May be Approved as a Preliminary Plan. The PCD Director may authorize the combination of a preliminary plan map with a PUD development plan for BOCC consideration and approval, provided all submittal requirements of the PUD development plan and preliminary plan are met. The eligible PUD development plan shall contain all the information required on a preliminary plan. The PUD development plan shall meet all statutory requirements of a preliminary plan as contained in C.R.S. §30-28-133. The combined development plan and preliminary plan [PUD development plan] shall meet the applicable standards for a preliminary plan in Chapter 6 regarding general development standards, fire protection, and environmental considerations; the preliminary plan review standards in Chapter 7, as well as the PUD zoning review and approval criteria which includes general conformance with the Master Plan; and the subdivision [design and report] requirements in Chapter 8 which address subdivision design, exactions, utilities, provision of water and wastewater, and public improvements. Water sufficiency shall be determined at this time; however, the Board of County Commissioners may defer findings of sufficiency to the final plat stage if requested by the applicant.

Approval of the combined PUD development plan and preliminary plan shall be a discretionary act of the BOCC. Compliance with the technical standards of either process alone shall not be deemed to constitute compliance with all review and approval standards. The Planning Commission and BOCC shall find the following additional criteria for a preliminary plan has also been met:

• The proposed subdivision is in general conformance with the goals, objectives, and policies of the Master Plan;

• The subdivision is consistent with the purposes of this Code;

• The subdivision is in conformance with the subdivision design standards and any approved sketch plan;

• A sufficient water supply has been acquired in terms of quantity, quality, and dependability for the type of subdivision proposed, as determined in accordance with the standards set forth in the water supply standards [C.R.S. §30-28-133(6)(a)] and the requirements of Chapter 8 of this Code;

• A public sewage disposal system has been established and, if other methods of sewage disposal are proposed, the system complies with state and local laws and regulations, [C.R.S. §30-28-133(6) (b)] and the requirements of Chapter 8 of this Code.

• All areas of the proposed subdivision, which may involve soil or topographical conditions presenting hazards or requiring special precautions, have been identified and the proposed subdivision is compatible with such conditions. [C.R.S. §30-28-133(6)(c)];

• Adequate drainage improvements complying with State law [C.R.S. §30-28- 133(3)(c)(VIII)] and the requirements of this Code and the ECM are provided by the design;

• Legal and physical access is or will be provided to all parcels by public rights-of-way or recorded easement, acceptable to the County in compliance with this Code and the ECM;

• The proposed subdivision has established an adequate level of compatibility by (1) incorporating natural physical features into the design and providing sufficient open spaces considering the type and intensity of the subdivision; (2) incorporating site planning techniques to foster the implementation of the County's plans, and encourage a land use pattern to support a balanced transportation system, including auto, bike and pedestrian traffic, public or mass transit if appropriate, and the cost effective delivery of other services consistent with adopted plans, policies and regulations of the County; (3) incorporating physical design features in the subdivision to provide a transition between the subdivision and adjacent land uses; (4) incorporating identified environmentally sensitive areas, including but not limited to, wetlands and wildlife corridors, into the design; and (5) incorporating public facilities or infrastructure, or provisions therefore, reasonably related to the proposed subdivision so the proposed subdivision will not negatively impact the levels of service of County services and facilities;

• Necessary services, including police and fire protection, recreation, utilities, open space and transportation systems, are or will be available to serve the proposed subdivision;

• The location and design of the public improvements proposed in connection with the subdivision are adequate to serve the needs and mitigate the effects of the development;

• The subdivision provides evidence to show that the proposed methods for fire protection comply with Chapter 6 of this Code; and

• The proposed subdivision meets other applicable sections of Chapter 6 and 8 of this Code.

(F)

General Standards and Requirements.

(1)

Ownership. A PUD zoning district may be established for any parcel, tract, or lot or group of parcels, tracts, or lots held under a single ownership or unified control.

(2)

Establishment and Applicability of Standards.

(a)

Established Purpose and Intent of PUD Zoning District. The development plan and development guide shall include a statement establishing the purpose and intent of the PUD zoning district.

(b)

Establishment of the Mix and Intensity of Land Uses.

The land use types and mix, the land use intensity (maximum gross residential density and maximum square footage for non-residential land uses), the maximum building heights, and the design elements (e.g. traditional neighborhood design) shall be established by the PUD zoning district.

(c)

Approval of Density. Density shall be as established by the PUD development plan and/or development guide as approved by the BoCC in consideration of the following:

• Adopted Master Plan;

• Compatibility with the surrounding neighborhood;

• Traffic considerations;

• Impact upon public facilities, utilities and schools;

• The natural characteristics of the land; and

• Water availability.

(d)

Use, Dimensional and Development Standards Included. Use, dimensional, and development standards are intended to present a collection of criteria necessary for development within the PUD district. The use, dimensional, and development standards for a PUD district shall be set forth in the approved PUD development plan and/or development guide and shall include, but may not be limited to: uses, density, lot area, lot width, lot depth, building height, building elevations, coverage, parking, access, screening, landscaping, open space, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other standards necessary to the administer the plan. The dimensional standards including interior and exterior boundary and setbacks, setbacks from major roadways, setback buffers between uses areas and other similar setback requirements for the PUD district shall be those established by the PUD development plan and development guide. The PCD may prepare standardized development plan and development guide templates for use by PUD plans.

(e)

Basis for Standards. The use, dimensional, and development standards established within a PUD development plan and development guide should generally be based on existing zoning districts in the LDC. The use, dimensional, and development standards from an existing LDC base zoning district may be applied by the PCD Director in the event of inadvertent omission of a required use, dimensional, and development standard.

(f)

ECM Criteria and Standards. The ECM criteria and standards shall control within a PUD district unless specifically modified by the PUD development plan and development guide.

(g)

Modifications of LDC Standards. Detailed standards shall be provided within the PUD development plan and development guide where any general development standard within this Code or any criteria or standard in the ECM is intended to be modified by the PUD district, or where any additional standards, not otherwise required by this Code or the ECM, will be applied within the PUD district. The Land Development Code and Engineering Criteria Manual Administrators shall provide a recommendation to the BoCC for any proposed modification of the respective regulations. PUD modifications shall be limited to standards or criteria internal to the PUD district. Variation from standards external to the PUD district shall require a waiver of the LDC or deviation from the ECM.

Variance from approved standards within an approved PUD shall occur in accordance with the provisions for relief of density and dimensional standards in Chapter 5 of this Code.

(h)

Modification of Existing LDC or ECM Standard. For approval of a modification of a general development standard in the LDC or criteria or standard of the ECM, the BoCC shall find that the proposal provides for the general health, safety, and welfare of the citizens and at least 1 of the following benefits:

• Preservation of natural features;

• Provision of a more livable environment, such as the installment of street furniture, decorative street lighting or decorative paving materials;

• Provision of a more efficient pedestrian system;

• Provision of additional open space;

• Provision of other public amenities not otherwise required by the Code; or

• The proposed modification is granted in exchange for the open space and/or amenity designs provided in the PUD development plan and/or development guide.

A statement citing the reason for any modifications to this Code or the ECM shall be provided in the PUD development plan and development guide. The modification request shall be submitted and reviewed concurrently with the PUD map amendment (rezone) application. The modified development standard or engineering criteria within a PUD district shall become the basis of review and approval for any subsequent development application.

(i)

Applicability of Standards Established by PUD. All buildings, structures and land uses in a PUD district shall be located, designed, used, and occupied in accordance with the standards established in the zoning and concept plan, development plan and development guide. The standards established by the zoning and concept plan, development plan and development guide shall apply to the subdivision plats for the subject property where such standards specifically modify an LDC or ECM standard.

Where no applicable standard has been established in the zoning and concept plan, development plan or development guide, or where development standards in an approved PUD defer to the requirements of the Land Development Code, unless otherwise specified the requirements of the Code, as amended, shall be applied.

(j)

Enforcement of PUD Standards. Enforcement of all use, density, dimensional, and development standards, engineering criteria, including modifications of the same within a PUD district shall rest with the BoCC.

(3)

Maintenance of Common Areas. The provision of an acceptable maintenance entity (e.g., HOA, Architectural Control Committee, Special District, etc.) is required to ensure maintenance of common areas, project landscaping, parking, drive aisles, fencing and building exteriors, emergency access points and similar facilities and amenities. Maintenance agreements and/or covenants shall provide suitable guarantees for such maintenance.

(4)

Review Standards Incorporated into Development Plan and Guide. The review standards for authorization of building permits with the PUD district shall be incorporated into the PUD development plan and development guide and provide efficient review and approval of permits if any special permitting provisions are proposed.

(5)

Amenities in Phased Projects. Timely provision of open space, recreational facilities, and other amenities shall be guaranteed through appropriate financial assurances, development agreements or other mechanisms acceptable to the County. Amenities shall be included in each construction phase of the project.

(6)

PUD Zoning District Compatibility. The PUD district shall be compatible with surrounding uses. Compatibility includes, but is not limited to, size, scale, mass, and landscaping. Uses shall be determined by evaluating the general uses, building height, setback, offset, size, density, traffic, dust, noise, harmony, character, open space, screening, health, safety and welfare.

(7)

Limitations on Establishing a PUD District. A proposed PUD District shall not be approved if such approval would result in a circumvention of the variance procedures contained in this Code or if such approval would result in the circumvention or appealing of a decision of the County.

(8)

Common Open Space.

(a)

Intent. Common open space is intended to increase the quality and uniqueness of the development. Open space provides enjoyable space while adequately buffering various uses. Common open space includes any usable tract of land or water unimproved and set aside, dedicated, designated or reserved for public or private use or for the use and enjoyment of owners or occupants of land adjoining or neighboring the area. In utilization of a PUD, common open space may include any of the uses and or structures identified within this section.

(b)

PUD Zoning District Open Space Requirement. The amount and type of open space provided in a PUD district shall be proportional to the intensity of the applicable base zoning districts identified in the PUD district and uses specified in the application. In no case, however, shall the open space provided be less than 10% of the gross site area.

Open Space Requirements in Residential PUD Districts

Unless otherwise modified by the BoCC, a minimum of 10% of the gross PUD development area shall be set aside as open space. Individual phases within the PUD are not required to provide 10% open space within each phased area where a planned network of open space is provided in the overall PUD development plan.

Open Space Requirements in Commercial PUD Districts

Open space requirements within a commercial PUD may be provided as pedestrian amenities through the modification process. Substitution of pedestrian amenities shall not be counted toward any required buffer or screening requirements.

(c)

Calculation of Residential Open Space. The calculation of open space area shall include all common public or privately held open space areas. Constructed storm water facilities may be included in the open space calculation if comprising less than 10% of the required open space, recreational areas, trails and greenways. Open space shall also include landscape areas that are not occupied by buildings or uses (such as storage or service areas), and private courtyards. Individual, private residential or commercial lot areas shall not be included in the open space calculation unless the open space areas located on private lots are subject to open space easements and restrictions. Parking areas and public and private roads shall not be included in the open space calculation. For multifamily, townhome and condominium developments, common open space and other recreational amenities accessible to the residents of the project may be credited toward the overall PUD district open space requirement. Any required urban park dedication shall be credited against the open space calculation.

(d)

Usable Residential Open Space. Open space shall be concentrated in large usable areas. No less than 25% of the gross land area of open space shall be contiguous and usable.

(e)

Allowed Uses within Open Space. Unless otherwise specified within the PUD development plan or development guide, the allowed land uses in areas designated as open space, conservation, preservation or other similar term are limited to the following:

• Recreation activities which use the land with minimum disturbance and which do not utilize structures or permanently installed equipment except as provided in this Section;

• Recreational trails for non-motorized use, except that motorized wheelchairs are permitted;

• Perimeter fence with a maximum height of 7 feet;

• Signs that are accessory to an allowed open space use not exceeding 6 square feet in area;

• Structures under 250 square feet for restrooms, picnic shelters, maintenance equipment, storage or other use accessory to a permitted open space use;

• Properly managed grazing of horses, cattle, sheep, goats, wildlife or other grazing or browsing animals;

• Forest management activities designed to promote healthy and aesthetic forests or to meet wildfire mitigation objectives; and

• Parking areas for the recreational facilities;

• Playgrounds, athletic fields, golf courses;

• Pedestrian amenities; and

• Other uses and structures identified through the modification process.

(f)

Minimum Setbacks from Open Space and Trails. Minimum setback of privately owned buildings to trails and open space within a residential PUD district shall be 10 feet.

(g)

Maintenance of Open Space or Common Areas. Open spaces or common areas within a PUD district including those spaces being used as public or private recreation sites, shall be protected by adequate covenants running with the land, conservation easements, deed, or plat restrictions. Open space, recreational facilities or other amenities to be provided shall be guaranteed by suitable financial assurances. Financial assurances shall not be required if:

• Acceptable provisions are included within the development agreement that guarantee the provision of these amenities in a timely manner; or

• Amenities are included in each construction phase of the project adequate to serve the residents within the phase; or

• A HOA or special district has committed to maintaining the facilities.

(h)

Evaluation of Open Space. In evaluating the proposed open space areas within a PUD district, the following factors shall be considered:

• The El Paso County Parks Master Plan;

• The environmental characteristics and significance of the site;

• The location, use and relationship of the proposed open space areas to the development areas within the PUD district (Public or private common use open space areas should be accessible and available to the occupants of any proposed residential dwellings);

• Provision for adequate trails systems including bicycle, pedestrian, and equestrian trails as appropriate;

• The buffering needs of adjacent existing and planned land uses;

• Neighborhood, community, and regional recreational use area standards as applied to the proposed resident population of the PUD district;

• Applicable school standards for the number, type and location of public schools based upon the proposed resident population of the PUD district (Combined, joint use school and park sites are encouraged); and

• View corridors within and through the property and other visual and scenic assets of the site.

(9)

Circulation and Access. Development within the PUD district shall be designed and constructed to include adequate, safe, and convenient arrangement for pedestrian and vehicular circulation, and parking and loading spaces. Pedestrian and vehicular circulation shall correlate with the external circulation system. All roads shall be constructed in accordance with the provisions of the ECM.

(10)

Drainage. The storm drainage system shall be designed in accordance with the ECM.

(11)

Buffering and Screening. Uses or structures within and adjacent to a PUD district shall be adequately buffered and screened to make their appearance and operation harmonious with the surrounding uses.

(12)

Landscaping. Landscaping and any landscaping design guidelines established within the development plan or development guide shall conform to the requirements of this Code, with the exception of local residential roads pursuant to the Landscaping Section of Chapter 6 of this Code. No building permit shall be issued for any building or any portion of a PUD district until the landscaping required by the landscape plan is in place or a landscaping completion agreement has been entered into which complies with the requirements of Chapter 6 of this Code.

(13)

Architecture. A set of architectural guidelines shall be included within the development plan or development guide that provides for a variety of architectural designs while ensuring that structures are compatible with other structures in the PUD district or a subarea of the PUD district. Modifications to the architectural guidelines may only be required by the County if necessary to implement a specific standard or requirement in this Code.

(14)

Parking. Unless otherwise established by the zoning and concept plan, development plan, or development guide, parking shall be provided in accordance with Chapter 6 of this Code.

(15)

Signage. Unless otherwise modified by the zoning and concept plan, development plan, or development guide, all signs within the PUD district shall comply with the requirements of Chapter 6 of this Code.

(16)

Adequate Facilities. A PUD district will be approved only if there is a demonstration that adequate public facilities and services for the project can be provided. The cost to the County will be considered in light of the project's impact existing or proposed public facilities. In addition, it shall be shown that the project's land use mix, rate of anticipated build out, and overall developer commitments are adequate to support the infrastructure and other costs which shall be borne by the development.

Determinations concerning the adequacy and efficiency of the provision of the described public services and facilities, and the financing of the same, shall be based upon standards and criteria within this Code and the ECM, and may include a requirement to contribute a fair and equitable share of the costs of necessary public services and facilities through the payment of development fees, special assessments, participation in a local improvement district or special district, or other similar mechanism for the provision and financing of adequate public services and facilities.

(17)

Phasing Plan. The establishment of a PUD district shall include a comprehensive phasing plan. The phasing plan shall present a logical development sequence for subareas of the area covered by the PUD district designed to provide for cost effective roadway, utility and other infrastructure and service extensions.

(18)

Development Agreement. A development agreement is a negotiated contract between the County and a developer of property that shall provide the costs of all on-site and off-site capital improvements necessary to implement the proposed development. Local roads and service lines may be provided for at the time of platting through a SIA. The development agreement shall be recorded concurrently with the PUD development plan and development guide, and may include financial assurance to construct approved public or private improvements in advance of the recorded final plat.

(G)

Documents and Action Establishing PUD Zoning District.

(1)

Development Plan.

(a)

Description. The approved PUD development plan constitutes the approved overall zoning plan for the property. The development plan is the detailed plan for a property which generally indicates the final planned use of the property, building and parking locations, building elevations, service connections, and landscape and other important site improvements. This plan sets forth the final plans for development of the PUD district. The development plan shall cover the total area of the PUD district.

(b)

Effect of Approval and Recording. The approved development plan shall be recorded and placed on file at the PCD and shall serve as the basis for review and approval of the subsequent preliminary plan, final plat, or site development plan application. Any future development plan and development guide for any portion of the approved PUD shall substantially conform to the recorded development plan. The subject property is zoned PUD at the time of approval of the development plan. All subsequent uses and actions shall conform to the development plan.

The property owners, and their successors, heirs, or assigns shall be bound by the approved development plan, including any conditions of approval, or amendments approved either by the PCD Director or BoCC.

(2)

Development Guide.

(a)

Description. The development guide sets forth the specifics for allowed uses including special and accessory uses, densities, dimensional standards, landscaping, buffering and screening requirements, parking, fire prevention, signing, open space, maintenance, phasing and other important development controls for each use area and the property as a whole.

(b)

Effect of Approval and Recording. The property owners, and their successors, heirs, or assigns shall be bound by the approved development guide, including any amendments thereto approved by the PCD Director or BoCC. The approved development guide shall be recorded concurrently with the development plan, and the recording information referenced on the development plan.

(3)

Vesting. The development plan and development guide may be considered a site specific development plan for purposes of vesting if vesting is specifically requested. Any such request shall be accompanied by a request that meets the vesting requirements of this code. If vesting is specifically requested and meets the requirements of this Code for vesting, vesting shall occur at the time the development plan and development guide are filed for recording with the Clerk and Recorder.

(H)

Actions Amending a PUD Zoning District. The Planning and Community Development Director may approve a minor amendment to an approved PUD which is determined will have no foreseeable effect beyond the property boundary, such as minor changes in the siting of buildings, changes to landscape features in the interest of public safety, or the alignment of utilities and the alignment of interior roadways and parking areas. No such changes shall significantly increase the size or height of structures, significantly reduce the efficiency or number of public facilities serving the PUD, significantly reduce or increase parking areas, or significantly encroach on natural features proposed by the plan to be protected.

(I)

PUD Zoning and Conceptual Plans (ZCP) Approved Prior to the Adoption of this Code. Any ZCP approved prior to the adoption of this Code or as otherwise amended, shall be governed by the conditions of Board approval as contained in the recorded Board Resolution of the same and the Code in effect at the time of approval. No building permits or uses shall be authorized within such ZCP prior to approval and recordation of a PUD development plan and final plat in conformance with the provisions and requirements of the Land Development Code.

(Res. No. 15-503, Exh. A, 12-15-2015; Res. No. 16-164, 5-17-2016; Res. No. 17-374, Exh. A, 12-12-2017; Res. No. 19-330, Exh. A, 8-27-2019)

4.3.1.   CAD-O, Commercial Airport Overlay District

(A)

Purpose. These airport hazard regulations are adopted pursuant C.R.S. §30-28-113 and 41-4-101. In connection therewith, the BoCC finds:

• The Federal Aviation Administration (FAA), in accordance with 14 CFR Part 77, has determined that certain land uses create, establish, enhance, or maintain hazards to air navigation and are or may be a public nuisance and an injury to the communities served by the airports;

• The free and unobstructed passage of all aircraft, regardless of the owner or operator of such, in, through, and across all of the navigable airspace above the communities served by the airports is a defined right under federal and state law including but not limited to 14 CFR Part 91.119, and CRS §41-1-106 and CRS §41-1-107 as amended, or any similar regulation or statue which may hereinafter be enacted in total or in part;

• Private property owners have a property interest in useable airspace above the surface of their property;

• That non-conforming use may be created, which are subject to the non-conforming use rights and restrictions as established by this Code;

• That the BoCC in adopting these regulations intends to exercise the full extent of its authority to protect the public health, safety, and general welfare of the citizens of El Paso County; and

• That these regulations support and implement the Master Plan.

(B)

Commercial Airport Overlay District Map. The Commercial Airport District shall be shown on maps, charts and other documents which are made a part of this Code. Any change in the Commercial Airport District Map shall be deemed in force upon adoption by the BoCC. The CAD-O Zoning District is an overlay district. The CAD-O Zoning District is comprised of 4 Sub-Zones: Aircraft Navigation Sub-Zone (ANAV), Airport Noise Sub-Zone (ADNL) [65 DNL line], Accident Potential Zone I (APZ-1) [Class A Runway Accident], and Accident Potential Zone II (APZ-2) [Class A Runway].

Should any part of the CAD-O Overlay District be declared inapplicable by reason of action of: (1) the BoCC in amending this Code, or (2) the BoCC, or any court of competent jurisdiction in interpreting this Code, the underlying zoning shall remain un-changed.

Adoption of the Commercial Airport District Map by El Paso County and as referenced in this Section does not impose in the unincorporated area of El Paso County any additional height or use restrictions from those uses or height restrictions identified in these overlay zoning regulations.

(C)

Regulations Cumulative and Relationship of CAD-O to Base Zoning District. All regulations within the CAD-O Zoning District shall be cumulative. In cases in which the provisions of the CAD-O Zoning District and the base zoning district conflict, the most restrictive provisions shall apply.

(D)

Nonconforming Uses in the CAD-O.

(1)

No Change to Existing Uses Required. Nothing in this Section shall require a change in any lawfully constructed building, structure or use in existence at the time of adoption or amendment of the CAD-O Zoning District to continue its current lawful use, nor shall this Section prohibit reconstruction if partially or completely destroyed, nor shall this result in additional requirements for approved variances other than those requirements for lighting and marking as may be required.

(2)

No Prohibition on Continuance. None of the provisions of the CAD-O Zoning District shall be construed to prohibit the continuance, expansion or re-establishment under current law of any existing use. Noise reduction design standards apply only to new structures and uses of land and not to structural additions.

(3)

Existing or Approved Mobile Home Spaces. Mobile homes moved on to existing or approved mobile home spaces are exempt from the requirements of the CAD-O Zoning District.

(E)

Allowed and Special Uses. Table 4-7 lists allowed and special uses within the CAD-O zone. The most restrictive CAD-O sub-zone and base zoning district use provisions shall control.

Table 4-7. Commercial Airport Overlay District Land Use.

(F)

Development Requirements within the CAD-O.

(1)

ANAV Sub-Zone.

(a)

Rezoning or Subdivision Plat. The following are required prior to approval of any rezoning or subdivision plat:

• The request shall be referred to Airport Advisory Commission for review and comment.

• Airport Activity Notice and Disclosure shall be required to be recorded against the title of the property as a condition of approval.

(2)

ADNL Sub-Zone.

(a)

Building Permit. The following are required to secure a building permit or authorization of use, if not previously completed as a part of a previous development review process:

• All requests will be referred to the Airport Advisory Commission for review and comment.

• If the request is located within an existing residential zone or platted as residential, a noise level reduction of 30 dbA shall be achieved through approved construction techniques as evidence by the provision of a Noise Reduction Certificate.

• Non-residential land uses as identified in Table 4-7 shall achieve a 30 dbA noise reduction by approved construction techniques as evidenced by a noise reduction certificate.

(b)

Rezoning. Land should not be rezoned to a residential or multifamily district which allows a higher density than the current zoning of the property. In the event of a rezoning or variance action to allow a residential zoning with a higher density than the current zoning of the property, the BoCC shall include specific findings relative to airport noise within the approval resolution and shall require appropriate noise mitigation measures.

(3)

APZ-1 Sub-Zone.

(a)

Restrictions. The following restrictions shall apply within the APZ-1 sub-zone:

• Certain commercial, industrial and manufacturing uses that result in the congregation of people, as identified in Table 4- 7 are either a special use or prohibited, whether or not noise level reduction is proposed or required.

• Residential land uses including caretaker residences or accessory dwellings are prohibited.

(b)

Rezoning. Land should not be rezoned to a residential or multifamily district. In the event of a rezoning action or variance to allow a residential zoning with a higher density than the current zoning of the property, the BoCC shall include specific findings relative to airport noise within the approval resolution and shall require appropriate noise mitigation measures.

(4)

Required Findings in Approving Special Use within the CAD-O. Instead of the special use findings of Chapter 5, the following additional finding shall be made in approving any special use identified in Table 4-7:

The proposed use is compatible with the nearby Colorado Springs Municipal Airport considering 1) the safety, noise and lighting impacts (these impacts do not include imposition of additional height restrictions) on the proposed use by the airport operations; and 2) the safety and lighting impacts of the proposed use on the airport.

(5)

Construction or Alteration Requiring FAA Notice. Any person proposing construction or alteration of an improvement shall notify the FAA where required, in accordance with 14 CFR Part 77, as amended or any similar regulation or statute which may hereinafter be enacted in total or in part. Any notice required by this Section shall be on FAA Form 7460-1 "Notice of Proposed Construction or Alteration," available from the regional offices of the FAA. Notice required under this part shall be completed and a Determination from the FAA be made as an attachment to development applications, where required.

(6)

Installation and Maintenance of Marking or Lighting on Improvements Requiring FAA Notice. The BoCC may condition any development approval for a chimney, steeple, crane, tower, etc., with a requirement that the owner of the improvement install, operate and maintain, at the owner's expense, markers and lights as may be necessary to indicate to aviators the presence of an obstruction to flight as may be required to comply with the requirements of the FAA and/or FCC. The BoCC may, with the permission of the owner and at its own expense, install and operate markers or lights as may be necessary upon existing improvements within the CAD-O Zoning District in conformance with the standards of the FAA and/or FCC. After initial installation, the BoCC may upon written notice to the owner, require the owner to maintain those markers or lights in conformance with the standards of the FAA and/or FCC.

(Res. No. 17-374, Exh. A, 12-12-2017)

4.3.2.   GA-O, General Aviation Overlay District

(A)

Purpose. The GA-O Zoning District is intended to apply to land within and surrounding airports to protect those airports using non-instrument runways for general aviation purposes.

(B)

Applicability. The GA-O Zoning District regulations shall apply where adopted to all new airports established and to all runway extensions of existing airports, except the Colorado Springs Municipal Airport.

(C)

Effect of GA-O Zoning District. The GA-O Zoning District regulations apply in combination with base zoning district regulations, recorded plats, and all other applicable standards of this Code. When GA-O Zoning District standards conflict with the underlying base zoning district standards or other regulations of this Code, the regulations of the GA-O Zoning District will always govern. When no special GA-O Zoning District standards are specified, all other applicable regulations of this Code will govern.

(D)

General Aviation Overlay District Map. The GA-O Zoning District shall be shown on maps, charts and other documents which are hereby made a part of this Code. Any change in the General Aviation District Map shall be deemed in force upon adoption by the BoCC. The GA-O Zoning District is an overlay district. Within the GA-O Zoning District, Sub-Zones of greater detail, description, and restriction may be proposed and adopted in accordance with the provisions for adoption of the GA-O Zoning District.

Should any part of the GA-O Overlay District be declared inapplicable by reason of action of; (1) the BoCC in amending this Code, or (2) the BoCC, or any court of competent jurisdiction in interpreting this Code, the underlying zoning shall remain unchanged.

Adoption of any General Aviation Overlay District Map by El Paso County and as referenced in this Section does not impose in the unincorporated area of El Paso County any additional height or use restrictions identified in these overlay zoning regulations.

(E)

Use Restrictions. No building or land may be used and no building may be erected, converted, or structurally altered except in accordance with the following requirements.

(1)

Meadowlake Airport GA-O Uses. The following uses are allowed in the non-residential area of the Meadowlake Airport included in the GA-O Zoning District, in addition to those uses allowed in the underlying base zoning district:

• Aero club facilities

• Aircraft maintenance facilities

• Airfields and landing strips

• Airport terminals, related supporting facilities

• Aviation control towers

• Hangars and tie-down facilities

• Navigation instruments and aids

• Aviation related businesses

(2)

Rezoning within a GA-O. The base zoning district for land within a GA-0 zoning district should not be rezoned to a residential or multifamily zoning district which allows a higher density than 1 dwelling unit per 2.5 acres.

(3)

Construction or Alteration Requiring FAA Notice. Any person proposing construction or alteration of an improvement shall notify the FAA where required, in accordance with 14 CFR Part 77, as amended or any similar regulation or statute which may hereinafter be enacted in total or in part. Any notice required by this Section shall be on FAA Form 7460-1 "Notice of Proposed Construction or Alteration," available from the regional offices of FAA. Notice required under this part shall be completed and a determination from the FAA be made as an attachment to development applications, where required.

(4)

Installation and Maintenance of Marking or Lighting on Improvements Requiring FAA Notice. The BoCC may condition any development approval for a chimney, steeple, crane, tower, etc., with a requirement that the owner of the improvement install, operate and maintain, at the owners' expense, markers and lights as may be necessary to indicate to aviators the presence of an obstruction to flight in as may be required to comply with the requirements of the FAA and/or FCC. The BoCC may, with the permission of the owner and at its own expense, install and operate markers or lights as may be necessary upon existing improvements within the GA-O Zoning District in conformance with the standards of the FAA and/or FCC. After initial installation, the BoCC may, upon written notice to the owner, require the owner to maintain those markers or lights in conformance with the standards of the FAA and/or FCC.

(5)

Airport Activity Notice and Disclosure. As a condition of BoCC approval, with any rezoning or subdivision action, the owner is required to record the Airport Activity Notice and Disclosure against the property as a condition of approval.

(F)

Federal Aviation Administration Standards. All development in the GA-O Zoning District shall comply with any applicable restrictions contained in Title 14 of the Code of Federal Regulations, Subchapter I, Federal Aviation Regulations.

(Res. No. 17-374, Exh. A, 12-12-2017)

4.3.3.   RLUP-O, Rural Land Use Plan Overlay District

The Rural Land Use Plan Overlay District was removed from this Code by Board of County Commissioner Resolution No. 15-461. Any Rural Land Use Plan approved prior to the adoption of this Code or as otherwise amended, shall be governed by the approved and/or recorded Rural Land Use Plan, conditions of Board approval as contained in the recorded Board Resolution of the same and the Code in effect at the time of approval. Amendments or modifications deemed to minor by the determination of the Planning and Community Development Director may be approved administratively; those amendments or modification deemed to be major and/or substantial shall require approval by the Board of County Commissioners.

(Res. No. 15-461, Exh. A, 11-24-2015; Res. No. 17-374, Exh. A, 12-12-2017)

4.3.4.   HR-O, High-Rise Overlay District

(A)

Purpose. The HR-O district is intended to accommodate taller buildings than otherwise allowed by the base zoning districts of this Code.

(B)

Application to Base Zoning Districts. The HR-O district may only be applied in combination with the CS, CR, and RM-30 zoning districts.

(C)

Floor Area Ratio (FAR).

(1)

FAR Limits. The following floor area ratio limits shall apply:

4 times the total lot area in the CS district

4 times the total lot area in the CR district

3 times the total lot area in the RM-30 district

(2)

Parking Excluded from FAR. Indoor parking area on the lot or premises for vehicles shall not be counted as floor area for the purpose of computing maximum floor area ratios.

(D)

Lot Area Per Dwelling Unit (RM-30 District only).

(1)

Minimum Lot Area Per Dwelling. The minimum lot area per dwelling unit is as follows:

• 1 story building: 2,000 square feet of lot area per unit

• 2 story building: 1,500 square feet of lot area per unit

• 3 story building: 1,200 square feet of lot area per unit

• 4-5 story building: 900 square feet of lot area per unit

• 6-7 story building: 700 square feet of lot area per unit

• 8-9 story building: 500 square feet of lot area per unit

• 10+ story building: 475 square feet of lot area per unit

(2)

Indoor Parking Added to Lot Area. Indoor parking area on the lot or premises for vehicles will be considered as additional lot area for the purpose of computing lot area per dwelling unit.

(E)

Area Volume Limitations. No part of any structure (except church spires, church towers, flag poles, antennas, chimneys, flues, vents, cooling towers, elevator and mechanical penthouses and accessory water tanks) or any portions of the structure not used for human occupancy, may project through planes with a pitch of 3 vertical to 1 horizontal from lines 20 feet above lot lines and the center of roads between lot lines.

(F)

Solar Access. No structure shall be established in an HR-O district that would materially diminish the solar access rights of an adjoining property owner.

4.3.5.   WSE-O, Wind and/or Solar Energy Generation Plan Overlay District

(A)

General.

(1)

Purposes.

(a)

General.

• To regulate wind and/or solar energy generation facilities.

• To site wind and/or solar energy generation facilities where they are most appropriate, considering impacts to the environment, visual corridors, existing infrastructure, and the established development pattern.

• To ensure the preservation of public health, safety, and welfare.

• To provide a regulatory scheme that is designed to address certain standards regarding setbacks, height restrictions, and other requirements for wind and/or solar power energy generation facilities.

• To provide mitigation measures for impacts associated with large-scale wind and/or solar energy generation facilities.

• To provide greater design flexibility and efficiency in siting wind and/or solar energy generation facilities.

(2)

Application, Review, and Fees.

(a)

Application.

• An application for rezoning is required in order to obtain wind and/or solar energy generation plan overlay district (WSE-O) zoning.

• The submittal and review process for a WSEO application shall follow the provisions outlined in Section P-AR-034-11, Wind/Solar Energy Generation Plan Overlay (WSEO) Rezoning (Map Amendment), and Section S-PL-023-011, Wind/Solar Energy Generation Overlay (WSEO) Plan, of the Procedures Manual.

(b)

Review. The El Paso County Planning Commission shall review and make recommendation on all WSE-O rezoning applications The El Paso County Board of County Commissioners shall review and take final action on all wind/solar energy generation plan overlay rezoning applications.

(c)

Fees.

• The application fee associated with a WSE-O rezone request shall be calculated based on cost of service.

• The application fee associated with administrative site development plan requests shall be determined by the Planning and Community Development Department adopted fee schedule.

• For those projects that, because of their size, type of operation, or technical details which are beyond the technical expertise of the El Paso County staff and require review and the provision of appropriate technical expert testimony at any required public hearing(s) before the County's governmental bodies or contracted employees of the County, the costs for said review and the provision of said expert shall be paid by the applicant. The extent and nature of said costs shall be established between the applicant and El Paso County prior to formal submittal.

(3)

Applicability.

(a)

General. A WSE-O function in combination with base zoning districts to both modify the existing standards associated with the base zoning districts and to impose additional requirements and standards on specific properties.

(b)

Zoning Requirements. The WSE-O district can be applied in all zone districts.

(4)

Definitions.

(a)

Wind Energy Generation Facility. A large-scale electrical energy generation facility with a minimum energy generation capacity of 500 kilowatts typically consisting of wind turbines, meteorological data gathering devices, collection lines, electrical substation(s), transmission line(s), and other appurtenant facilities.

(b)

Solar Energy Generation Facility. A large-scale electrical energy generation facility with a minimum energy generation capacity of 500 kilowatts typically consisting of photovoltaic panels, heliostats (mirrors), collection tower(s), turbine(s), collection lines, electrical substation(s), transmission line(s), and other appurtenant facilities.

(5)

Compliance with County, State, and Federal Laws and Regulations. The WSE-O district and WSE-O plan shall comply with all applicable County regulations and ordinances, State laws and statutes, and federal law and regulations, except as otherwise modified within.

(B)

Development Standards.

(1)

Establishment and Applicability of Standards.

(a)

Established Purpose and Intent of WSEO Plan. The WSE-O plan shall include a statement establishing the purpose and intent of the WSE-O zoning district.

(b)

Use, Dimensional, and Development Standards Included. Use, dimensional, and development standards are intended to create a regulatory scheme necessary for development within the WSE-O zoning district. The use, dimensional, and development standards for a WSE-O district shall be set forth in the approved WSE-O plan, and shall include: uses, maximum structure height(s), minimum setbacks, structure elevations, access, accessory structures, signage, lighting, project phasing, and other standards necessary to administer the plan.

An application for WSE-O zoning district shall consider the following standards:

(i)

Allowed Principal Uses. Includes the following: wind turbines, solar panels, transmission lines, substations, meteorological monitoring devices, and energy generation facility-related temporary batch plants.

(ii)

Allowed Accessory Uses. Includes the following: collection lines, maintenance facilities, and any other accessory uses necessary to carry out the intent of the overlay zoning.

(2)

Structure Standards.

(a)

Maximum Structure Height.

(i)

For the wind turbines, solar panels, meteorological monitoring devices, and substations the height restriction is established by the specific wind/solar energy generation overlay district zoning and development plan. Wind turbine height shall be measured from finished grade to the tip of the blade in the vertical position.

(ii)

All other structures shall comply with the height restriction established by the underlying zone district (A-35, A-5, RR-5, etc.) unless otherwise established by the specific wind/solar energy generation overlay district zoning and development plan.

(b)

Structure Setbacks.

(i)

Wind turbines and meteorological monitoring devices shall be setback 1½ feet for every 1 foot of height from all wind/solar energy generation overlay zone district boundaries, existing dwellings, public rights-of-way, and existing above-grade utility facilities unless otherwise established by the specific wind/solar energy generation overlay district zoning and development plan (e.g. the impacts of the setback encroachment can be mitigate by establishing an external easement).

(ii)

For the purpose of calculating the applicable setbacks, wind turbine height shall be measured from finished grade to the tip of the blade in the highest vertical position.

(iii)

Wind turbines shall also be sited a minimum of 165 feet from the edge of any ridge with a slope greater than 20 percent.

(iv)

There shall be no setback requirement for the transmission lines.

(v)

All other structures shall be required to meet the setbacks of the underlying zone district unless otherwise established by the specific wind/solar energy generation overlay district zoning and development plan.

(vi)

Distance from Wetlands and Hazard. All development within the wind/solar energy generation overlay district shall comply with separation requirements set forth in this Code to protect and preserve wetlands, stream corridors, wildlife habitat, and hazard areas.

(3)

Roadway and Vehicular Access Standards.

(a)

Road Design and Construction Standards.

(i)

Private Access Roads. All private access roads shall be designed to ensure that emergency vehicles can gain access to the development. Such design shall be reviewed and approved by the respective fire district, if applicable, and/or the El Paso County Fire Authority.

(ii)

Upgrading Existing Substandard County Roads. The applicant shall be required to upgrade any existing substandard County roadways/rights-of-ways that are necessary for access to the development whether for construction or maintenance. Whether a roadway/right-of-way is necessary for access to the development shall be determined by the required Transportation Impact Study and the associated Haul Route Plan. Prior to construction of such upgrades, the applicant is required to submit for review and receive approval by the ECM Administrator of the associated construction drawings, financial assurance estimate, and collateral.

(iii)

Reconstruction of Damaged County Roads.

Inclusion in Development Impact Mitigation Agreement

The associated development impact mitigation agreement shall include language that requires the applicant to rehabilitate all haul route roads impacted by the development. The reconstruction shall meet the requirements of the El Paso County Engineering Criteria Manual.

(4)

Storm Water Management and Drainage Standards.

(a)

Design Standards. Storm water and drainage facilities shall meet the standards of the El Paso County Engineering Criteria Manual and the El Paso County Drainage Criteria Manual.

(C)

Decommissioning Plan and Agreement.

(1)

Purpose. A wind and/or solar energy generation facility authorized by this overlay zone district shall provide a decommissioning plan and agreement to ensure that the wind and/or solar energy generation facility, and appurtenant facilities, are properly decommissioned.

(2)

Required. A decommissioning plan and agreement shall be required with all wind and/or solar energy generation plan overlay district applications and shall include:

Provisions describing the triggering events for decommissioning the wind and/or solar energy generation facility and appurtenant facilities;

Provisions for the removal of structures, debris and cabling, including those below the soil surface;

Provisions for the restoration of the soil and vegetation;

An estimate of the decommissioning costs certified by a professional engineer;

Financial assurance acceptable to the County, secured by the owner, for the purpose of adequately performing decommissioning, in an amount equal to the professional engineer's certified estimate of the decommissioning costs;

Identification of and procedures for County access to financial assurances;

A provision that the terms of the decommissioning plan shall be binding on the owner and any of their successors, assigns, or heirs; and

A provision that the County shall have access to the site, pursuant to reasonable notice, to effect or complete decommissioning.

(3)

Review and Approval. The Planning Commission shall review and make a recommendation to the Board of County Commissioners on all decommissioning plans as a part of the WSEO rezone application. The Board of County Commissioners shall have final review and approval authority of all decommissioning plans associated with any WSEO application.

(D)

Development Impact Mitigation Agreement.

(1)

Purpose. The construction and operation of large scale wind and/or solar energy generation facilities typically result in external impacts to nearby properties and to the existing infrastructure. The standard method for addressing and mitigating development-related impacts is through a development agreement between the applicant, County, and/or any other party that may be impacted by the development.

(2)

Required. A development impact mitigation agreement shall be required with all wind and/or solar energy generation plan overlay district applications.

(3)

Review and Approval. The Planning Commission shall review and make a recommendation to the Board of County Commissioners on all development impact mitigation agreements associated with all WSE-O applications. The Board of County Commissioners shall have final review and approval authority of all development impact mitigation agreements.

(E)

Board of County Commissioner Approval of Major Amendments. A recommendation from the Planning Commission and a final action by the Board of County Commissioners are required for an amendment to the approved WSE-O plan that includes any of the following:

The addition of any uses or structures not authorized by the approved WSE-O plan.

Modification of any structure sitting envelope(s) resulting in noncompliance with the dimensional standards established by the approved WSE-O plan.

Modification of the dimensional standards established by the approved WSE-O plan.

Modification of the material terms of the associated impact mitigation development agreement, as defined by such agreement.

(F)

Administrative Approval of Minor Amendments. Any amendment to the approved WSE-O plan that does not constitute a major amendment, as established in subsection E above, shall be considered a minor amendment and may be reviewed and approved administratively. The PCD Director may, at any time, elevate and application for a minor amendment to the WSE-O plan for hearing by the Planning Commission and Board of County Commissioners.

(G)

Review Criteria for Approval of WSE-O Application.

(1)

Review Standards. In approving a Wind and/or Solar Energy Generation Overlay Plan Map Amendment, the following findings shall be made:

• The application is in general conformance with the El Paso County Master Plan, including applicable Small Area Plans or there has been a substantial change in character of the neighborhood since the land was last zoned;

The rezoning is in compliance with all applicable statutory provisions, including but not limited to C.R.S. § 30-28-111, § 30-28-113, and § 30-28-116;

• The site is suitable for the intended use(s), including the ability to meet the general development standards of the Land Development Code, except as otherwise amended by the specific overlay zoning district;

• The application is consistent with the specific development standards in the Land Development Code pertaining to wind and/or solar energy generation facilities;

• The application meets the air, water, light, odor or noise standards established by County, State, or federal regulations;

• The proposed use(s) will not be detrimental to the health, safety, or welfare of the inhabitants of the area and the County; and

• The proposed use(s) will not cause undue burden on existing infrastructure.

(Res. No. 17-374, Exh. A, 12-12-2017; Res. No. 21-36, Exh. A, 1-26-2021)

4.4.1.   C-1, Commercial (Obsolete)

(A)

Purpose. This district is established for the purpose of providing for commercial activities.

(B)

Allowed, Special, Accessory, and Temporary Uses. The allowed, special, accessory, and temporary uses in the C-1 district are shown in the Use Table in Chapter 5.

(C)

Use and Dimensional Standards. All uses and development in the C-1 district are subject to the Use and Dimensional Standards in Chapter 5.

(D)

General Development Standards. All uses and development in the C-1 district are subject to the General Development Standards in Chapter 6.

(E)

Development Standards for Building Walls. The wall of any building shall be constructed of 4 hour fire resistant material if it is located within 3 feet of a side lot line or if it is located within 5 feet of a side lot line where the lot or parcel adjoins a residential district.

(F)

Maintenance Plan. A maintenance plan conforming to the requirements of Chapter 6 shall be approved by the PCD Director prior to the issuance of any building permit.

(G)

Site Development Plan. Site development plan approval is required for all development prior to authorization of a building permit.

(H)

Platting. No building permits shall be granted on any portion of property which is currently zoned C-1 until the property is platted in accordance with this Code, unless otherwise exempted by Statute.

If a property, at the time of its creation, was established in accordance with all applicable subdivision regulations, platting of the property is not required for issuance of a building permit. It shall be the responsibility of the person seeking a building permit to submit the necessary documentation to the PCD to substantiate the legal creation of the property.

(I)

Discontinuance of Zoning or Rezoning. No land shall be zoned or rezoned to C-1 on or subsequent to May 1, 1991. All land zoned C-1 on or before May 1, 1991, shall remain zoned C-1 and shall be subject to all the provisions of the C-1 district until such time as the land is either rezoned or annexed.

(Res. No. 17-374, Exh. A, 12-12-2017)

4.4.2.   C-2, Commercial (Obsolete)

(A)

Purpose. This district is established for the purpose of providing for large commercial activities.

(B)

Allowed, Special, Accessory, and Temporary Uses. The allowed, special, accessory, and temporary uses in the C-2 district are shown in the Use Table in Chapter 5.

(C)

Use and Dimensional Standards. All uses and development in the C-2 district are subject to the use and dimensional standards in Chapter 5.

(D)

General Development Standards. All uses and development in the C-2 district are subject to the general development standards in Chapter 6.

(E)

Development Standards for Building Walls. The wall of any building shall be constructed of 4 hour fire resistant material if it is located within 3 feet of a side lot line or if it is located within 5 feet of a side lot line where the lot or parcel adjoins a residential district.

(F)

Maintenance Plan. A maintenance plan conforming to the requirements of Chapter 6 shall be approved by the PCD Director prior to the issuance of any building permit.

(G)

Site Development Plan. Site development plan approval is required for all development prior to authorization of a building permit.

(H)

Platting. No building permits shall be granted on any portion of property which is currently zoned C-2 until the property is platted in accordance with this Code, unless otherwise exempted by Statute.

If a property, at the time of its creation, was established in accordance with all applicable subdivision regulations, platting of the property is not required for issuance of a building permit. It shall be the responsibility of the person seeking a building permit to submit the necessary documentation to the PCD to substantiate the legal creation of the property.

(I)

Discontinuance of Zoning or Rezoning. No land shall be zoned or rezoned to C-2 on or subsequent to May 1, 1991. All land zoned C-2 on or before May 1, 1991, shall remain zoned C-2 and shall be subject to all the provisions of the C-2 district until such time as the land is either rezoned or annexed.

(Res. No. 17-374, Exh. A, 12-12-2017)

4.4.3.   M, Industrial (Obsolete)

(A)

Purpose. This district is established for the purpose of providing for general industrial and manufacturing activities.

(B)

Allowed, Special, Accessory, and Temporary Uses. The allowed, special, accessory, and temporary uses in the M district are shown in the Use Table in Chapter 5.

(C)

Use and Dimensional Standards. All uses and development in the M district are subject to the use and dimensional standards in Chapter 5.

(D)

General Development Standards. All uses and development in the M district are subject to the general development standards in Chapter 6.

(E)

Development Standards for Junkyards and Related Uses. All salvage yards, automobile recycling centers, scrap and waste recycling facilities, junk yards or other similarly classified uses shall comply with the standards of Chapter 6.

(F)

Maintenance Plan. A maintenance plan conforming to the requirements of Chapter 6 shall be approved by the PCD Director prior to the issuance of any building permit.

(G)

Site Development Plan. Site Development Plan approval is required for all development prior to authorization of a building permit.

(H)

Platting. No building permits shall be granted on any portion of property which is currently zoned M until the property is platted in accordance with this Code, unless otherwise exempted by State Statute.

If a property, at the time of its creation, was established in accordance with all applicable subdivision regulations, platting of the property is not required for issuance of a building permit. It shall be the responsibility of the person seeking a building permit to submit the necessary documentation to the PCD to substantiate the legal creation of the property.

(I)

Discontinuance of Zoning or Rezoning. No land shall be zoned or rezoned to M on or subsequent to May 1, 1991. All land zoned M on or before May 1, 1991, shall remain zoned M and shall be subject to all the provisions of the M district until such time as the land is either rezoned or annexed.

(Res. No. 17-374, Exh. A, 12-12-2017)

4.4.4.   R-4, Planned Development (Obsolete)

(A)

Purpose. The R-4 district is established to provide more flexibility and latitude of design; to provide for a greater variety of principal and accessory uses in the development of land; to address the advantages resultant from technological change; and, to encourage initiative and creative development of parks, recreation areas, and open space.

(B)

Allowed Uses. The uses allowed in the R-4 district are those uses listed on the approved development plan on file with the PCD, and those uses identified within the BoCC resolutions adopted in conjunction with R-4 zoning approval.

(C)

Use and Dimensional Standards. All uses and development in the R-4 district are subject to the use and dimensional standards in Chapter 5 unless different standards are identified on the approved development plan on file with the PCD. The approved development plan shall control where a conflict exists between the standards in Chapter 5 and those on the approved development plan.

(D)

General Development Standards. All uses and development in the R-4 district are subject to the general development standards in Chapter 6 unless different standards are identified on the approved development plan on file with the PCD. The approved development plan shall control where a conflict exists between the standards in Chapter 5 and those on the approved development plan.

(E)

Maintenance Plan. A maintenance plan conforming to the requirements of Chapter 6 shall be approved by the PCD Director prior to the issuance of any building permit.

(F)

Site Development Plan. Site development plan approval is required for all development, except single family and 2-family residential uses, prior to authorization of a building permit.

(G)

Platting. No building permits shall be granted on any portion of property which is currently zoned R-4 until the property is platted in accordance with this Code, unless otherwise exempted by Statute.

If a property, at the time of its creation, was established in accordance with all applicable subdivision regulations, platting of the property is not required for issuance of a building permit. It shall be the responsibility of the person seeking a building permit to submit the necessary documentation to the PCD to substantiate the legal creation of the property.

(H)

Discontinuance of Zoning or Rezoning. No land shall be zoned or rezoned to R-4 on or subsequent to May 1, 1991. All land zoned R-4 on or before May 1, 1991, shall remain zoned R-4 and shall be subject to all the provisions of the R-4 district until such time as the land is either rezoned or annexed.

(I)

No Development Except In Accordance with Approved Development Plan. Any land that is zoned R-4 is required to have an approved development plan on file with the PCD. All development is subject to the requirements of the approved development plan and those requirements identified within the BoCC resolutions adopted in conjunction with R-4 approval. In the event that an approved development plan is not on file with the PCD as of the effective date of this Code, development shall not occur on the land unless the land is rezoned.

(Res. No. 17-374, Exh. A, 12-12-2017)