Salida City Zoning Code

(a)

Purpose. This Article is intended to establish the minimum standards for the design and improvement of land subdivision to:

(1)

Facilitate the orderly growth and harmonious development of the City and to protect and promote public health, safety, and welfare;

(2)

Provide lots with sufficient size and appropriate design for the purposes for which they are to be used;

(3)

Protect the natural environment and scenic beauty of Salida by promoting the use of good design, landscape architecture, and civil engineering to preserve and enhance natural topographic features, watercourses, drainage ways, floodplains, slopes, ridgelines, native vegetation, and trees and to control erosion and minimize runoff;

(4)

Provide safe ingress and egress for vehicular, bicycle, and pedestrian traffic;

(5)

Encourage the placement of roads and driveways so that they follow natural topography wherever possible, and minimize cutting and grading;

(6)

Ensure safe and efficient pedestrian, bicycle, and traffic circulation through coordinated and connected street, trail, and sidewalk systems with relation to major thoroughfares, adjoining subdivisions, adjoining streets, and public facilities;

(7)

Provide adequate water supply, sewage disposal, storm drainage and other utilities and facilities;

(8)

Provide for adequate sites for schools, recreation areas, access to public lands, and other public purposes;

(9)

Facilitate the transfer of lands having accurate legal descriptions and to establish and assure the rights, duties and responsibilities of subdividers and developers with respect to land development;

(10)

Ensure that the costs of providing the necessary rights-of-way, street improvements, utilities and public areas and facilities for new developments are borne by the development; and

(11)

Where applicable, encourage the clustering of dwellings and other structures to preserve open space, preserve the natural terrain, minimize impervious area and resulting water runoff, minimize adverse visual impacts, minimize public infrastructure costs, and prevent public safety hazards.

(b)

Applicability.

(1)

General.

a.

Unless otherwise exempted by this Code, the standards of this Article shall apply to all subdivisions and land divisions located wholly or partially within the City.

b.

Any subdivision shall comply with all applicable City building, fire, and safety codes for the proposed development. In the event of a conflict between this Article and other provisions of this Code or other chapters of this Code, the more restrictive provisions shall prevail.

c.

No person shall sell or commence construction of private improvements (except utilities) upon any portion of a proposed subdivision, or advertise or hold out as a subdivided lot any parcel of land, until a plat thereof is recorded and public improvements are accepted under the requirements of this Chapter. This lot-sale restriction applies to individual lots within a project, and not an entire project under singular ownership.

d.

Subdivision of a portion or all of a previously platted subdivision must meet the requirements of this Article.

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

In order to achieve the intent and purpose of this Code and this Article, all subdivisions shall comply with the following standards:

(a)

Lot Planning. The design and layout of lots shall be dependent upon topography, natural vegetation, soil conditions, drainage, street traffic, or other conditions. The following standards shall apply:

(1)

Number of Lots Created.

a.

For a new subdivision, the maximum number of lots permitted shall comply with the dimensional standards set forth for the applicable zoning district.

b.

All lots created shall comply with the dimensional standards set forth for the applicable zoning district.

(2)

Lot Size and Configuration.

a.

Lot width, area, and building setbacks shall comply with the requirements of this Code and shall be appropriate for the location and character of development proposed and for the type and extent of street and utility improvements being installed.

b.

Side lot lines shall be at right angles or radial to street lines, except where other terrain makes such design impractical. In exceptional circumstances, the Director may approve a variation of up to thirty (30) degrees from this requirement.

c.

Double frontage lots and other irregularly shaped lots are prohibited unless approved by the Director due to natural resource protection, irregular site features, or topography. Where a double frontage lot is necessary, a ten-foot planting and screening easement shall be provided along the portion of the lot that abuts a street and from which access across the easement will not be permitted. The easement shall be maintained by the property owner.

d.

Flag lots shall not be allowed unless exceptional circumstances exist [such as ample lot size exists to subdivide, but there is no (or minimal) access from a public right-of-way], as determined by the Director. When flag lots are proposed, they shall meet the following standards:

1.

The minimum width of the flagpole portion of a flag-shaped lot shall be no less than twenty (20) feet for a residential lot. The minimum width of the flagpole portion of any flag-shaped single-family residential lot may be reduced to ten (10) feet if it is the only way to subdivide, as determined by the Director.

2.

The minimum width of the flagpole portion of a flag-shaped lot shall be no less than thirty-five (35) feet for a mixed-use or nonresidential lot. The maximum length of the flagpole portion of a flag-shaped lot shall not exceed three hundred (300) feet.

e.

Lots shall be designed so that the primary building area does not face directly into the oncoming traffic of a "T" intersection street.

(3)

Access.

a.

Every residential lot shall abut a public or private street. Access to residential lots shall be from local streets except as specifically authorized by the Director and the Public Works Director.

b.

At least two (2) points of vehicular access shall be provided into a proposed subdivision, where feasible, unless it can be shown to the satisfaction of the Public Works Director that legal, topographical, and/or engineering constraints preclude such access.

c.

For minor subdivisions creating two (2) lots out of one (1) existing lot, and when alley access is not available, the two (2) new lots shall have a shared common access, unless an alternative arrangement is approved by the Public Works Department.

d.

Gated communities are not allowed.

(b)

Development and Design Standards. Residential development shall comply with Subsection 16-4-90(d), Residential Subdivision Architectural Standards.

(c)

Public Works Standards. Public infrastructure shall be constructed in accordance with City of Salida Design Criteria Manual for Water, Sewer, Stormwater, and Streets and the City of Salida Standards for Construction. If no standard or specification can be found, then the standard or specification used shall be subject to approval by the Public Works Director.

(d)

Comprehensive Plan. Any proposed subdivision shall carry out the purpose and spirit of the City's Comprehensive Plan and conform with the objectives, guiding principles, and recommended actions of the Plan.

(e)

Nuisance.

(1)

Any proposed subdivision shall be designed to maximize compatibility with surrounding land uses and limit impacts from noise, odor, glare, and light trespass.

(2)

Where a proposed subdivision borders on or contains highway right-of-way, the City may require adequate provisions for the reduction of noise, including, but not limited to, landscaping, screening, easement, greater lot depth, increased setbacks, and fencing.

(f)

Natural Features. To the extent practicable, lots and blocks shall be designed to provide desirable settings for structures by making use of natural contours, orienting for solar access, maximizing privacy for residents, and protecting residents from adverse noise and vehicular traffic.

(1)

Any proposed subdivision shall comply with Subsection 16-4-20(c), Floodplain, as applicable.

(2)

Natural features and native vegetation shall be preserved whenever possible.

a.

Along riparian corridors, the standards of Section 16-4-20, Natural Resource Protection, apply.

(3)

Removal and replacement of diseased or invasive trees with native or non-invasive trees is encouraged.

(g)

Phasing.

(1)

Any subdivision planned to be developed in phases shall provide the necessary improvements and dedications, including, but not limited to, required parking spaces, parks and open spaces, landscape areas, utilities, stormwater management, and streets that are necessary for creating and sustaining a stable environment.

(2)

When a tract is subdivided into lots that are intended for future resubdivision, such lots shall be arranged so as to permit the logical location and establishment of future streets, adequate utility easements, and vehicle, pedestrian, and bicycle circulation for such resubdivision.

(h)

Inclusionary Housing. See Article 16-9, Inclusionary Housing.

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

(a)

Applicability.

(1)

Subdivision Improvement Agreements. Concurrent with the approval of a Final Subdivision Plat, an applicant shall establish a subdivision improvement agreement with the City Council that meets the requirements of this Section. The Public Works Director may allow for subdivision improvement agreements to happen following final plat approval on a case-by-case basis. The Public Works Director may also determine when a subdivision improvement agreement is required for a Minor Subdivision.

(2)

Development Improvement Agreements. The Public Works Director may require that an applicant for a site plan or building permit enter into a development improvement agreement that meets the requirements of this Section to ensure compliance with Section 16-4-50, Streets, Utilities, and Services; Subsection 16-4-50(c)(2), Lot Sales Restriction; and other applicable requirements of this Code.

(b)

Contents of Improvement Agreement. Any required subdivision or development improvement agreement shall include the following:

(1)

Financial Performance Guarantee. The improvement agreement shall include a financial performance guarantee to construct all required development improvements together with collateral, which shall be sufficient to provide for the completion of the improvements in accordance with the engineering design and the development schedule.

(2)

Schedule of Improvements. The improvement agreement shall include an up-to-date schedule of improvements showing in detail the public and other required improvements, including shallow utilities, landscaping, revegetation, and other subdivision or development improvements that the developer or applicant shall be responsible for constructing, and the estimated cost of completion.

(c)

Approval of Improvement Agreement Required Prior to Commencement of Work. No work shall commence on any improvements by the developer or applicant until the Improvement Agreement is approved by City Council and a financial performance guarantee is provided pursuant to appropriate sections of the improvement agreement and the schedule of improvements has been approved by the City.

(d)

Design, Construction, and Inspection.

(1)

Construction of Improvements.

a.

The applicant, at its sole expense, shall design, purchase, and install all elements of all required improvements whether such improvements are located on- or off-site.

b.

All improvements shall be constructed in accordance with the applicable provisions of the City of Salida Public Works Design Criteria Manual in effect as of the date of the improvement agreement, unless otherwise provided in the approved plans and specifications.

c.

All improvements shall be designed and approved by a registered professional engineer retained by the applicant. All drawings and plans for such improvements shall be stamped by the engineer.

d.

The applicant shall provide all necessary engineering designs, surveys, field surveys, and "as-built" drawings for all required improvements for review and approval by the Public Works Director, and any incidental services related to the construction of the required improvements. In addition, all expenses incurred by the City in updating the City's base maps shall be paid by the applicant or developer, to the City.

e.

Prior to the commencement of construction of required improvements, the Public Works Director shall review and approve the plans and specifications.

f.

All areas disturbed by construction shall be promptly revegetated with native vegetation following completion of such work within the same or next growing season, unless a building permit application has been submitted for a particular lot. In addition, the applicant or developer shall control all noxious weeds within such areas to the reasonable satisfaction of the City until conveyed to individual lot owners. Soil stabilization methods are detailed in the administrative manual.

(2)

Construction Schedule.

a.

The improvement agreement shall include a time schedule for the construction and completion of the improvements, including a commencement date and date when required improvements will be substantially completed. Under such schedule, all required improvements shall be completed no later than as approved in the construction schedule.

b.

The City Administrator, or their designee, may extend the deadline for commencement and/or completion of required improvements for up to one (1) year in response to a written request from the developer or applicant in an amount equal to the time lost due to an unforeseen cause or delay beyond the control and without the fault or negligence of the developer or applicant. Any extension beyond one (1) year shall be approved by the City Council.

c.

Delays beyond the control of the developer or applicant shall include, but not be limited to, acts of neglect by the City, fires, floods, epidemics, abnormal weather conditions, strikes, freight embargos, or acts of God. Extensions of deadlines, however, will not be granted for rain, snow, wind, or other natural phenomena at normal intensity within Chaffee County. Delays attributable to and within the control of the developer, applicant, or their contractors, subcontractors or suppliers shall be deemed to be delays within the control of the developer or applicant.

(3)

Inspection and Approval by Public Works Director.

a.

The City shall have the right to make engineering inspections and require testing during construction of required improvements in such reasonable intervals as the Public Works Director may request.

b.

Inspection, acquiescence, and approval of any engineering inspector of the construction of physical facilities, at any particular time, shall not constitute the approval by the City of any phase of the construction of required improvements. Such approvals shall be made by the City only after completion of construction as established by this Section.

c.

Upon completion of construction of required improvements, the Public Works Director shall inspect the improvements and certify with specificity its conformity or lack thereof to the approved plans and specifications. The applicant or developer shall make all corrections necessary to bring the required improvements into conformity with the approved plans and applicable City standards. The City shall be under no obligation to provide water or wastewater service until all required improvements are brought into conformance with the approved plans and specifications and approved by the Public Works Director.

d.

Prior to approval and acceptance of the construction and installation of required improvements, the applicant or developer shall pay to the City the actual cost of all inspections and consultant fees incurred in preparing and administering the improvement agreement.

(e)

Conveyance of Public Improvements.

(1)

All required public improvements constructed by the applicant or developer in accordance with the improvement agreement, including water mains, service lines, laterals, fire hydrants, and other water distribution facilities; all irrigation lines and facilities; all wastewater collection mains, lines, laterals, and related improvements; handicap ramp improvements; and required curbs, sidewalks, and street improvements, shall be dedicated to the City.

(2)

Upon inspection and written approval of completion of public improvements by the Public Works Director, the applicant or developer shall convey to the City all physical facilities constructed by the applicant or developer necessary for the extension, maintenance and repair of municipal utility services and other public facilities.

(3)

Acceptance of any conveyance of public improvements shall be authorized by the Public Works Director. Following such dedication or conveyance, the City shall be solely responsible for the maintenance of such improvements, unless otherwise provided for by agreement, except for any correction work required during the warranty period.

(f)

Warranty.

(1)

The applicant or developer shall warrant all required public improvements constructed by the applicant or developer that are conveyed or dedicated to the City per the improvement agreement for a period of one (1) year from the date the Public Works Director certifies conformance to the approved plans and specifications. In addition, all other improvements such as shallow utility installations and other improvements as shown in approved plans and specifications submitted to the City shall be warranted for a period of two (2) years following completion and approval.

(2)

Specifically, but not by way of limitation, the applicant or developer shall warrant the following:

a.

That the title conveyed shall be good and its transfer rightful; and

b.

Any and all facilities conveyed shall be free from any security interest or other lien or encumbrance; and

c.

Any and all facilities so conveyed shall be free of any and all defects in materials or workmanship.

(g)

Guarantee.

(1)

Performance Guarantee.

a.

To secure the construction and installation of required improvements, the applicant or developer shall furnish the City with cash, letter of credit, cash bond, performance bond, or other security acceptable to the City Attorney to secure the performance and completion of any required improvements established in the improvement agreement, in an amount equal to one hundred twenty-five percent (125%) of the estimated cost of said improvements, prior to recording the agreement.

b.

The cost estimate is solely to determine the amount of security required and may be revised at any time to reflect actual costs. No representations are made as to the accuracy of these estimates, and the applicant or developer shall agree to pay the actual cost of all required improvements. Neither the estimated costs nor the amount of the security establishes the maximum amount of the applicant's or developer's liability.

c.

With any extension request, the performance guarantee amount shall be re-evaluated, and the City reserves the right to require a reasonable increase in the amount of the applicable security. If the approved construction schedule elapses, the City reserves the right to require a reasonable increase in the amount of the applicable security, if necessary, because of estimated increased costs of construction.

(2)

Partial Release.

a.

The developer or applicant may apply to the City for a release of part or all of the collateral deposited with the City upon completion of portions of the required improvements as evidenced by a detailed cost breakdown of the completed improvements and submittal of as-built drawings.

b.

Upon inspection and approval, the City may authorize the reduction of the amount of any performance guarantee security issued as part of the improvements agreement to seventy-five percent (75%) of the approved estimated cost for the installation of required improvements, upon written request of the applicant or developer, and approval by the City Council.

c.

Upon completion of all required improvements, and upon final inspection and approval by the Public Works Director, the City Council shall further authorize the reduction of the amount of the security guaranteeing the public and other required improvements by ninety percent (90%) of the total estimated cost of all required improvements.

(3)

Full Release. A performance guarantee issued as part of the improvements agreement shall be fully released and discharged upon expiration of the warranty period and any required correction of any defects discovered during such warranty period.

(4)

Notice of Default.

a.

Upon failure to perform its obligations under the terms of an improvements agreement within the established time period, the Administrator shall give written notice to the applicant or developer of the nature of the default and an opportunity to be heard before the City Council concerning such default.

b.

Any default shall be remedied within thirty (30) days of receipt of the notice or of the date of any hearing before the City Council, whichever is later, or such reasonable time period as is necessary to cure the default provided that the applicant or developer has commenced to cure the default.

c.

Following the established time period for remedy of a default, the Administrator shall give written notice to the applicant or developer and to the issuer or holder of the performance guarantee security that the City, as agent for the applicant or developer, is proceeding with the task of installing the required improvements in whole or in part and that the said security will be expended by the City for the installation of required improvements.

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