18.01.1.1.

Title. The provisions contained herein shall be known as the Land Use and Development Code of the City of Manitou Springs, Colorado, and may be referred to throughout this document as the "Land Use and Development Code" or as the "LUDC."

These provisions were previously known as Title 16 Subdivisions and Title 18 Zoning of the Manitou Springs Municipal Code. They include additional provisions that were previously known as Chapter 15.16 Signs, which was a portion of Title 15 Buildings and Construction of the Manitou Springs Municipal Code.

18.01.1.2.

Effective Date. All Chapters within Title 18, the Land Use and Development Code, and the Zone District Map, shall become effective on March 1, 2023 according to Ordinance 2322. The date of the City Council adoption was January 3, 2023.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.01.2.1

Purpose.

A.

The purpose of these regulations is to promote the health, safety, order, property aesthetics, quality of life, and economic, social, and environmental interests of the present and future inhabitants of Manitou Springs, Colorado, by:

1.

Encouraging the planning of all land tracts and parcels consistent with the goals, policies, and objectives of the currently adopted Comprehensive Plan;

2.

Encouraging innovative approaches to community design and the application of proven design methods;

3.

Encouraging the construction of new buildings and new development, redevelopment, and remodeling to be, as much as possible, in keeping with the general existing characteristics of the area;

4.

Providing a flexible framework in which a variety of land uses coexist harmoniously;

5.

Ensuring that land is subdivided into lots that are of size and configuration for the purpose for which they are intended to be used;

6.

Ensuring that the connectivity of future public and private streets in relation to existing streets are created according to the vision of the adopted Transportation and Mobility Master Plan, that said streets will be built to adequate construction standards, and that multiple forms of mobility are contemplated;

7.

Producing healthy living environments with open spaces and recreation, reliable utilities, mobility options, public protection, and other facilities that enhance the community; and

8.

Protecting the natural resources of the community, such as light, air quality, water quality, dark skies, noise pollution, and wildlife corridors per the currently adopted Comprehensive Plan and Hazard Mitigation Plan.

B.

The Manitou Springs City Council recognizes community development is a dynamic process. To meet changing conditions, this LUDC, which was originally adopted in 1975, has been amended on numerous occasions.

18.01.2.2

Organization.

A.

This chapter is organized into the following sections:

18.01.1 - Title and Effective Date

18.01.2 - Purpose and Organization

18.01.3 - Authority and Applicability

18.01.4 - Relationship to Other Plans and Ordinances

18.01.5 - Interpretation and Conflicting Provisions

18.01.6 - Severability

18.01.7 - Nonconformities

18.01.8 - Review and Decision-Making Bodies

B.

Terms that are defined in Chapter 7, Definitions, are indicated as italicized throughout the LUDC.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.01.3.1

Authority.

A.

The City Council of Manitou Springs has the authority to adopt this LUDC pursuant to the Colorado Constitution; Title 31, Article 2 of the Colorado Revised Statutes, the Home Rule Charter of Manitou Springs, Colorado, and such other authorities and provisions as are established in the statutory and common law of the State of Colorado.

18.01.3.2

Applicability.

A.

The provisions of this LUDC shall apply within the corporate limits of the City of Manitou Springs, Colorado, as defined in Section 1.04.010.A, referred throughout the LUDC as the "City".

B.

It is the intent of this LUDC that all new buildings, developments, redevelopments; alterations over fifty percent (50%) of the gross floor area; or similar changes in the use of land shall be subject to the provisions of this LUDC. The Planning Commission and City Council shall consider each development from the point of view of the relationship and compatibility of the development to the existing surrounding land uses and the Comprehensive Plan.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.01.4.1.

Relationship to Other Ordinances.

A.

The standards of this LUDC are in addition to all other standards, guidelines, policies, and Municipal Code requirements otherwise applicable to land use and development. To the extent that there is a conflict between a requirement of this LUDC and another City standard, guideline, policy, or requirement, refer to Section 18.01.5.

18.01.4.2.

Relationship to Comprehensive Plan.

A.

The adopted Manitou Springs Comprehensive Plan, referred to throughout this document as the "Comprehensive Plan", is the official policy document of the City of Manitou Springs. This provides a consistent statement of the City's plan and policies for future development to bring about the City's vision for the future. This LUDC implements the policies established in the Comprehensive Plan.

B.

No development shall be approved unless it is found to be in general accordance with the goals, policies, and objectives as stated in the Comprehensive Plan, as amended.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

A.

Whenever there is a discrepancy between minimum standards or dimensions noted within the LUDC, Pikes Peak Regional Building Code, International Fire Code, or other adopted rules, regulations, or ordinances, that which is most restrictive or requires the highest standards shall apply.

B.

Interpretations and applications of the provisions of this LUDC shall be held to the minimum requirements for the promotion of health, safety, order, property aesthetics, quality of life, and economic, social, and environmental interests.

C.

The LUDC is not intended to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties, provided that where this imposes a greater restriction upon the use of the building or premises or upon height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules, or regulations or by easements, covenants, or agreements, that the provisions of this LUDC shall govern.

D.

Should any article, section, clause, or provisions of this LUDC be declared by the court to be invalid, the same shall not affect the validity of the LUDC as a whole or any part thereof, other than the part so declared to be invalid.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

A.

The sections, subsections, sentences, and phrases of this LUDC are severable. If any section, subsection, sentence, or phrase is declared invalid or unenforceable by any court of competent jurisdiction, that invalidity or unenforceability does not affect any of the remaining sections, subsections, sentences, or phrases of this LUDC.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.01.7.1.

General Standards.

A.

Existing Legal Nonconforming Uses, Structures, Lots, and other site features. Except as herein provided, the lawful uses of land and structuresexisting at the time of adoption or amendment of this LUDC may be continued even though said use does not conform to its provisions. Exemptions shall not extend to signs, billboards, or abandonedstructures.

1.

Conditional Use. A preexisting, legal nonconforming use that would require the approval of a Conditional Use Permit to be allowed in its associated Zone District shall be accepted as having the required Conditional Use Permit. Modifications to the structure or site shall be processed in accord with Section 18.03.01.

B.

Enlargement or Alterations. Any enlargement, expansion, or exterior alteration of a nonconforming use or structure, other than regular periodic maintenance, shall be brought into conformance with the provisions of this LUDC. Once a building or use is made to conform to the provisions of this LUDC, it shall not revert to nonconformance either in part or in whole. Regular maintenance shall mean:

1.

Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness of a building without expanding the building; or

2.

Repairs that are required to remedy unsafe conditions that cause a threat to public safety.

C.

If a nonconforming use should be discontinued or unused for a period of twelve months, it shall be deemed ended and shall not be resumed. Upon a twelve-month period of discontinuance, the Planning Director may extend the legal nonconforming status for good cause; such as the structure is undergoing an interior-only remodel, the property is under contract for sale to a new owner, or a similar circumstance as approved by the Planning Director.

D.

Damaged Structure. If any nonconforming structure is damaged in excess of fifty percent (50%) of the gross floor area of the building, the following development standards shall apply:

1.

The damaged structure may be rebuilt to the previous dimensions, setbacks, and height, with no expansion;

2.

The damaged portion shall be rebuilt according to the Pikes Peak Regional Building Code;

3.

All necessary building permits shall be obtained within twelve-months of the date of damage, unless an extension has been approved by the Planning Director due to extraordinary circumstances;

4.

Existing parking shall be maintained, no elimination of existing spaces;

E.

Any structure determined to be a contributing resource within a Historic District per Section 17.04.030(F) shall be rebuilt consistent with the Historic District Design Guidelines and as approved by the Historic Preservation Commission.

F.

Lots of Record. A lot of record may be developed with any permitted use allowed in the zone district in which it is located even if it does not meet the minimum lot area or frontage requirements. The development shall comply with all site development requirements set forth in this LUDC. No Lot of Record may be reduced in size so that the lot's area or frontage is less than required by this LUDC.

G.

Nonconforming Lots by Public Acquisition. Lots rendered nonconforming by public acquisition of right-of-way, or for other similar public purposes, may be developed for any permitted use allowed in the zone district in which it is located. When the public acquisition results in the reduction of or elimination of existing parking spaces, the owner of the property shall not be required to replace the removed parking spaces.

18.01.7.2.

Redevelopment of Nonconformities.

A.

The replacement and redevelopment of nonconforming uses and structures is encouraged with the exception of structures determined to be a contributing resource within a Historic District per Section 17.04.030(F), and deemed to have architectural and historic significance.

B.

The Planning Commission and City Council will review and consider progressive redevelopment proposals that reduce a nonconformity without the requirement for variance and may conditionally approve or deny the proposal based upon its merits, its compatibility with surrounding development, and its conformance with the Comprehensive Plan. Otherwise, replacement and redevelopment shall conform to the new development and construction standards of this LUDC.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.01.8.1.

Planning Director.

A.

The Planning Director shall be appointed by the City Administrator per Title 2 of the Manitou Springs Municipal Code. The Planning Director or their appointed designee shall act as the land use authority to uphold and enforce all administrative actions required by this LUDC.

B.

The administrative decisions of the Planning Director or their appointed designee shall be deemed final and shall set forth the findings of fact together with conditions of approval considered necessary to mitigate impacts and protect the public health, safety, and welfare. Appeals of administrative decisions shall follow procedures in Section 18.06.3.9 for applications for which the Planning Director makes the final decision.

C.

In the absence of a Planning Director, the City Administrator shall act as the Planning Director.

18.01.8.2.

City Engineer.

A.

The City Engineer shall be appointed by the City Administrator per Title 2 of the Manitou Springs Municipal Code. The City Engineer or their appointed designee shall act as the review authority for provisions herein related to Public Works Standards and Title 12 of the Municipal Code.

18.01.8.3.

City Planning Commission.

A.

The City Planning Commission (Planning Commission) shall be appointed by the City Council per Title 2 of the Manitou Springs Municipal Code.

B.

After reviewing the planning staff report, requesting additional information, and receiving testimony, the City Planning Commission shall render its decision or recommendation to City Council at the conclusion of the public hearing. Any decision shall set forth the findings of fact. Conditions of approval may be considered to mitigate impacts and protect the public health, safety, and welfare may be added. Appeals of City Planning Commission decisions shall follow procedures in Section 18.06.3.9 Appeals, for applications for which the City Planning Commission makes the final decision.

18.01.8.4.

City Council.

A.

The City Council shall be elected per Title 2 of the Manitou Springs Municipal Code.

B.

After reviewing the staff report and the Planning Commission's recommendation and receiving testimony, the City Council shall render its decision at the conclusion of the public hearing. The decision shall set forth the findings of fact. Conditions of approval may be considered to mitigate impacts and protect the public health, safety, and welfare may be added.

C.

In all matters before the City Council relating to the actions on appeal, and/or recommendations of the Planning Commission, the completed submittal file of City planning pertaining to the matters shall be made a part of the record of the City Council. The file shall include, but not be limited to, the Planning Commission's notice of action, maps, drawings, departmental reports, and application information.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)