Salida City Zoning Code

(a)

Title and Short Title. This Chapter, as amended from time to time, shall be known and may be cited as the City of Salida Land Use Code. It may also be referred to within this document as the "Land Use Code," "Chapter 16," or "this Code."

(b)

Authority. This Code is authorized by C.R.S. § 31-23-101 et seq., C.R.S. § 29-20-101 et seq., C.R.S. § 31-12-101 et seq., and C.R.S. § 24-65-101 et seq., as amended.

(c)

Presumption of Validity. All provisions of this Code are presumed to be valid and enforceable. In any challenge to the validity of any provision, the burden of proof shall rest with the person bringing the challenge.

(d)

Effective Date. This Code shall become effective December 22, 2025.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

This Code is enacted for the purpose of promoting the health, safety, quality of life, convenience, order, prosperity, and general welfare of the present and future inhabitants of the City by:

(a)

Providing streets and roads that work for all methods of transportation;

(b)

Providing a variety of housing types for a variety of income levels and physical abilities;

(c)

Preserving natural resources and the environment on land designated for such;

(d)

Ensuring the efficient use of land and infrastructure;

(e)

Facilitating the adequate provision of transportation, water, wastewater, schools, and other public requirements;

(f)

Securing protection of the tax base; and

(g)

By other means in accordance with the City of Salida Comprehensive Plan.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

(a)

Jurisdiction. This Code applies to all land and all land uses within the municipal boundaries of the City of Salida, Colorado.

(b)

Compliance Required.

(1)

No permit, certificate, or approval of any use that is subject to this Code shall be issued or granted by any department, agency, City official, or City employee without a finding of substantial compliance with this Code having been issued by the appropriate review authority.

(2)

Unless otherwise stated in this Article, no building or structure shall be erected, converted, enlarged, reconstructed, or altered without a determination of substantial compliance with this Code.

(3)

No lot of record shall be created by subdivision or otherwise unless it complies with this Code.

(c)

Municipal Code. Whenever any provision of this Code conflicts with other provisions of the Municipal Code, the stricter provision, as determined by the City Attorney, shall govern.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

If any section, subsection, paragraph, clause, phrase, or provision of this Code shall be adjudged invalid or held to be unconstitutional by a court of competent jurisdiction, the validity of this Code shall not be affected in whole or in part, other than the provision adjudged to be invalid or unconstitutional.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

(a)

Development Approvals.

(1)

Any development approved under regulations in effect prior to the effective date of this Code may be carried out under the terms and conditions of the approval, provided the approval has not expired and subject to the following:

a.

The development complies with any applicable standards of this Code regarding ongoing operations and maintenance.

b.

If the prior approval expires, is revoked, or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this Code.

(2)

Within any subdivision and/or planned development that was approved prior to the date of this Code, the standards of this Code shall apply to any future development application submitted after the effective date of this Code, unless such application is specifically exempted by the prior subdivision or planned development approval.

(b)

Pending Applications. A development application that has been determined to be complete pursuant to Subsection 16-8-30(c)(6), Determination of Application Completeness, prior to the effective date of this Code may be decided under the regulations in effect when the application was determined to be complete, or may be reviewed and decided under this Code at the request of the applicant (in writing, prior to start of review). Applications shall not be processed under a combination of prior regulations and this Article.

(c)

Prior Violations. If a development or activity in violation of the prior development regulations fully complies with this Code, it shall no longer be deemed a violation. Unpaid fees and/or penalties from prior enforcement of violations are still valid and shall remain the responsibility of the violator under the prior regulations. No paid fees and/or penalties shall be returned or otherwise reimbursed.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

(a)

Purpose. The purpose of this Section is to regulate and limit the development and continued existence of legal uses, structures, lots, and site features established prior to the effective date of this Code, and any future amendments, that no longer conform to the requirements of this Code. All such situations are collectively referred to in this Section as "nonconformities." While nonconformities may continue, the intent of this Section is to curtail substantial investment in nonconformities to bring about their eventual elimination and to preserve the integrity of this Code and the stated policies of the City of Salida.

(b)

Regulations Applicable to All Nonconformities.

(1)

Determination of Nonconformity Status. The burden of establishing the existence of a legal nonconformity shall be solely on the owner of property containing the nonconformity.

(2)

Maintenance and Minor Repair.

a.

Minor repairs or maintenance of nonconformities are permitted and encouraged, provided that the repairs and/or maintenance do not increase the nonconformity of any structure, use, or lot. Maintenance and repairs that qualify as "minor" include the following:

1.

Repairs necessary to maintain and to correct any damage or deterioration to the structural soundness of, or the exterior or interior appearance of, a building or structure, without expanding the building or structure;

2.

Maintenance of land to protect against and mitigate health and environmental hazards;

3.

Repairs that are required to remedy otherwise unsafe conditions; and

4.

Repairs necessary to comply with current building code requirements.

b.

Minor repairs and maintenance shall only be conducted in compliance with building code requirements.

(3)

Cumulative Enlargements, Expansions, Repairs, and Replacements. Requests, applications, or permits to enlarge, expand, repair, and/or replace uses, buildings, structures, and site features after the effective date of this Code shall remain on record with the City. Any subsequent application or permit to enlarge, expand, repair, and/or replace uses, buildings, structures, and site features on the same property shall be cumulative to any prior request, application, or permit. The total square footage of such enlargements, expansions, repairs, and replacements shall be used to determine the applicability of the standards in this Section.

(4)

Change of Ownership or Tenancy. Changes of ownership, tenancy, or management of property with an existing nonconformity may occur, but such nonconformities shall continue to be subject to the standards of this Section.

(5)

Compliance to the Maximum Extent Practicable. Where compliance with the requirements of this Section is precluded by a lack of sufficient developable area due to the size of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, hazard areas, or other significant environmental constraints, the applicant shall comply with the requirements of this Section to the maximum extent practicable, as determined by the Director.

(c)

Nonconforming Uses.

(1)

Limitations on Continuation of Nonconforming Uses of Land or Structures.

a.

A nonconforming use may be extended throughout the same building, provided that:

1.

No structural alteration of the building (or portion of such building containing the nonconforming use in the case of buildings with multiple uses) shall be permitted unless it complies with Section 16-1-60(d)(1), Additions to Nonconforming Building or Structure, below, and Article 16-3, Use Regulations, and all other applicable sections of this Code;

2.

No additional dwelling units shall be permitted in the building;

3.

No additional nonresidential units or uses shall be permitted; and

4.

No additional structure is erected in connection with the nonconforming use.

b.

Any existing single-family residential dwelling that is deemed to be a nonconforming use may make improvements to the main and accessory structures so long as improvements do not increase the degree of nonconformity or increase the height or building footprint.

(2)

Change of Use. A nonconforming use may be changed to another nonconforming use, provided the Director determines that the new use creates no greater impacts on surrounding properties and is no more intensive than the use it replaces, and no exterior structural alterations to the building are required to accommodate such change. A nonconforming use that has been changed to a less nonconforming use pursuant to this Section may not subsequently be changed back to a more nonconforming use.

a.

A nonconforming use, if changed to a conforming use, may not subsequently be changed back to any nonconforming use unless otherwise permitted by this Code.

b.

A conforming use may not be changed to a nonconforming use.

(3)

Discontinuation of Nonconforming Use. Whenever a nonconforming use of land or a building has been discontinued for a period of one (1) year, future use of land or building shall comply with this Code.

(d)

Nonconforming Structures.

(1)

Additions to Nonconforming Building or Structure.

a.

A nonconforming structure may be extended or altered in a manner that does not increase its nonconformity or create a new nonconformity.

b.

Any structure or portion of a structure may be altered to decrease the nonconformity of the structure. Any extension or addition shall comply with the applicable requirements of this Code.

c.

An extension to a nonconforming structure may be permitted by the Director to comply with the provisions of the Americans with Disabilities Act (ADA), provided that it is demonstrated that the only way to comply with the Act would be through an extension that increases the structure's nonconformity, and that the extension is the minimum necessary to comply with the Act.

d.

Any existing single-family residential dwelling that is deemed to be a nonconforming use may make improvements to the main and accessory structures so long as improvements do not increase the degree of nonconformity or increase the height or building footprint.

(2)

Restoration Following Damage or Destruction. A nonconforming structure that has been damaged or destroyed by fire or other causes may be restored to its original condition, provided that such work is commenced within six (6) months of such event and completed within twenty-four (24) months of such event. By written request from the property owner, the Director may grant one (1) extension not to exceed twelve (12) months of either the work commencement and/or the completion of work time-period.

(3)

Movement of a Nonconforming Structure. A nonconforming structure shall not be moved to another location unless it shall thereafter conform to the provisions of the zone district into which it is moved.

(e)

Nonconforming Site Features.

(1)

Applicability.

a.

For purposes of this Subsection, the term "nonconforming site feature" includes any driveway, off-street parking or loading area, landscaping, buffer, screening, or exterior lighting element that lawfully existed per regulations in place prior to the effective date of this Article, as well as the lack of any such feature required by subsequently enacted City regulations.

b.

A nonconforming site feature may continue to exist even though it does not conform to current applicable standards of this Article, subject to the requirements of this Subsection.

c.

No action shall be taken that increases the degree of the nonconformity of a site feature.

(2)

Nonconforming Parking.

a.

Continuation of Nonconforming Parking. Any parking spaces or access to public rights-of-way lawfully existing on the effective date of this Code that are made nonconforming by virtue of enactment of this Article shall be allowed to continue, provided that:

1.

Any change or expansion of any use or structure shall only be permitted if the additional number of parking spaces required by such change or expansion is provided in accordance with Section 16-4-70, Off-Street Parking.

2.

Nonconforming parking areas shall not be expanded, except pursuant to Paragraph b., below.

b.

Upgrading Nonconforming Parking. Nonconforming off-street parking facilities shall be upgraded to comply with this Code's parking count, layout, design space, and landscaping requirements when an addition to or expansion of one (1) or more structures occurs that, over a five-year period beginning on the effective date of this Code, would increase the total gross floor area of the structures by more than fifty percent (50%).

(3)

Nonconforming Buffers, Landscaping, Screening, and Exterior Lighting. An application for enlargement or addition to a use or structure on a site that contains nonconforming buffers, landscaping, screening elements, and/or exterior lighting is encouraged to bring such features into conformance with this Code's applicable standards for such features.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

(a)

Purpose. This Section establishes procedures through which the City of Salida seeks to ensure compliance with the provisions of this Article and obtain corrections for violations of this Code. This Section also sets forth the remedies and penalties that apply to violations of this Code.

(b)

Violations. Any person who violates any provision of this Code shall be deemed guilty of a violation punishable in accordance with Subsection 16-1-70(e), Penalties and Remedies. Each of the following activities constitutes a violation of this Code:

(1)

Activity Inconsistent with this Article. Any erection, construction, reconstruction, remodeling, alteration, maintenance, expansion, movement, or use of any land, building, structure, or sign that is inconsistent with this Code.

(2)

Activity Inconsistent with a Permit or Approval. Any development, use, or other activity that is in any way inconsistent with the terms or conditions of any permit or approval required to engage in such activity under this Code.

(3)

Illustrative Examples of Violations. Examples of violations of this Code include, but are not limited to:

a.

Increase of the density or intensity of any use of land or structure except in accordance with the requirements of this Code;

b.

Reduction or diminishment of lot area, setbacks, vegetative buffers, open space, or other standards below the minimum requirements set forth in this Code;

c.

Creation, expansion, replacement, or change of a nonconformity inconsistent with this Code;

d.

Failure to install, improve, or maintain any public or private improvements required by the terms of any permit or approval;

e.

Failure to abide by conditions of any approval or agreement executed in association with an approval; and

f.

Failure to comply with applicable requirements for a certificate of occupancy or building permit.

(4)

Continuing Violations. Any violation of this Code shall be considered a separate offense for each day during any portion of which any violation of this Code is continued past the date of the issuance of notice of violation, with each violation punishable in accordance with Subsection 16-1-70(e), Penalties and Remedies.

(c)

Nonconforming Lots.

(1)

A primary structure and customary accessory buildings and structures may be developed on a lot that is nonconforming as to minimum lot size or minimum lot frontage, provided that it can be located on the lot so that all other dimensional standards are met, or a variance from said dimensional standards is obtained pursuant to Subsection 16-8-70(b), Variances, and provided that the development complies with all other standards of this Article.

(2)

No lot that is conforming as to minimum lot size or minimum lot frontage may be reduced in size or subdivided in such a way that it creates a nonconforming lot, causes any structure or use to become nonconforming, or causes the nonconformity of any use to increase.

(3)

A lot shall not be deemed nonconforming solely due to noncompliance with the minimum density or maximum lot size requirements of this Code. Future development on such lots shall comply with minimum density and maximum lot size requirements.

(d)

Void Permits.

(1)

Permits Issued that Conflict with this Article. All officials of the City vested with the authority to issue permits shall comply with the provisions of this Code. No permit, certificate, or license for the use, construction, or occupancy of structures or land shall be issued that conflicts with the provisions of this Code.

(2)

Permits Issued Based on False or Erroneous Information.

a.

Any permit, certificate, or license issued for the use, construction, or occupancy of structures or land that is issued in reliance upon information knowingly and intentionally provided by the applicant to mislead and that is materially false or erroneous, whether provided in the application, in supporting documents, or in oral statements, is null and void and shall be revoked in the manner provided for below.

b.

In the event a permit is issued on erroneous information not knowingly and intentionally provided, the permit holder shall correct the erroneous information and shall bring the permit into compliance with the code. If such compliance is impossible or impracticable the permit shall be revoked.

(e)

Enforcement Actions.

(1)

Responsibility for Enforcement. This Code shall be administered and enforced by the Administrator, Director, Building Official, and City Engineer, or such other person as may be designated by the Director.

(2)

Zoning Complaints and Investigation. All zoning complaints shall be submitted to the Director in writing on forms supplied by the City. Each such complaint shall be signed by the complaining party. Upon receipt of a written complaint to the Director or their designee shall investigate the complaint and provide a written response to the complaining party within fourteen (14) days from the date the complaint was submitted.

(3)

Persons Liable. The owner, tenant, or occupant of any building or land, or any part thereof, and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Code or a permit or approval issued pursuant to this Code may be held responsible for the violation and be subject to the penalties and remedies provided in this Section.

(4)

Procedures Upon Discovery of Violations.

a.

If the Director finds that any provision of this Code is being violated, the Director shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Director's discretion.

b.

If the person responsible for the violation does not take action to correct the violation within thirty (30) days of the first notice, a final written notice shall be sent by certified mail with return receipt required to the owner of record of the subject property, or to the homeowner association, as applicable. The final written notice shall state the action the Director intends to take if the violation is not corrected and shall advise that the Director's decision or order may be appealed to the City Council, pursuant to Subsection 16-8-70(c), Appeals.

c.

When a delay would seriously threaten the effective enforcement of the Code, or pose a danger to the public health, safety, and welfare, the Director may immediately issue an order for compliance by personal service, posting of the property, or certified mail with return receipt required to the owner of record of the subject property, or to the homeowners association, as applicable, and seek enforcement through the municipal court as authorized below.

(5)

Continuation of Prior Enforcement Actions. Nothing in this Code shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to previous regulations.

(6)

Process for Voiding Permits. Any permit that was issued pursuant to this Code shall be revoked only upon a minimum of fifteen (15) days' written notice to the applicant. The decision-maker revoking a permit shall be the same as approved the permit. If the permit is being revoked by the Planning Commission or the City Council, the applicant shall be provided written notice of the time, date and location of the hearing sent by regular mail to the applicant not less than fifteen (15) days [prior] to the hearing. A permit revocation may be appealed per Subsection 16-8-70(c), Appeals.

(f)

Penalties and Remedies. The Director, Building Official, City Attorney, or City Engineer, or such other person as may be designated by the Director, shall have the power to enforce this Code subject to the following penalties:

(1)

Fines. Any violation of this Code shall be subject to the provisions of Chapter 1, Article IV, of this Code. Each day's continuing violation shall be a separate and distinct offense.

(2)

Administrative Citation. The City may issue an administrative citation as provided in Chapter 1, Article VII, of this Code.

(3)

Deny, Withhold, or Revoke Entitlements.

a.

The issuing/approval authority shall have the power to deny, withhold, or revoke permits for violation of this Code or violations of any conditions of approval.

b.

The issuing/approval authority shall hold a hearing to determine the nature and extent of the alleged violation and shall have the power to deny, withhold, or revoke the permit issued to the violator, to require the violator to take corrective measures, or to direct employees or agents of the City to enter onto the premises and to take the corrective measures required by the authority, the cost to be borne by the violator. If the issuing/approval authority is the Director, then the hearing shall be held at the Planning Commission.

c.

Any entitlement or other form of authorization may be denied, withheld, or revoked after notice and a hearing, when the Director determines that:

1.

There is a departure from the approved plans, specifications, limitations, or conditions as required under the entitlement;

2.

The entitlement was established by false representation;

3.

The entitlement was issued in error; or

4.

There is any other violation of this Code.

(4)

Injunction or Mandamus. In case any building or structure is or is proposed to be erected constructed, altered, maintained, or used, or any land is proposed to be used, in violation of this Code, the City Attorney, at the direction of City Council, and in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or another appropriate action or proceeding to enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance, or use.

(5)

Continuation of Prior Enforcement Actions. Nothing in this Section shall be construed to prevent the City from pursuing any other remedies it may have for violations of this Code.

(6)

Remedies Cumulative. All remedies provided for in this Section are cumulative, are not exclusive and shall be in addition to any other remedies provided by law.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)