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A. Purpose: The PF zone district is provided for land that is, for example, used or being reserved for a governmental, utility, or telecommunication purpose by the City of Colorado Springs, El Paso County, the State of Colorado, the Federal government, a public utility, a telecommunications provider, or a private provider of a traditional government function. Generally, the existing or proposed use is a unique governmental or utility service or a governmental function. Uses allowed in the PF zone district generally include governmental functions or utility services provided by the City of Colorado Springs, El Paso County, the State of Colorado, the Federal government, or a public utility and to private facilities that perform traditional government functions such as jails and halfway houses. Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table. The PF zone district is not intended to include public park or major public institutional uses.
B. Designation or Expansion of a PF Zone District: Designation or expansion of a PF zone district requires a determination that a public need exists, and that the use and location are compatible with adjacent land uses. Special consideration should be given to conditions regarding setbacks from adjacent uses or property lines, landscaping, screening, access, and the placement and size of signs and amount of parking may be approved with the establishment of the zone district.
C. Dimensional Standards: Development standards such as lot size, setbacks, and maximum height are determined at the time of Development Plan review.
D. Development Plan Required: A Development Plan shall be approved before any Building Permits may be issued or before construction of any public facility or utility may begin. (Ord. 23-03)
A. Purpose: The purpose of the APD zone district is to enable development that, for example, includes a mix of airport compatible uses located and designed consistent with the Colorado Springs Municipal Airport Master Plan. Land uses may include high-quality corporate office and business parks, as well as complementary hotel and conference facilities, and limited supporting retail, commercial, and service uses. Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table. Before proceeding with any development, an applicant rezoning land to the APD zone district after the Effective Date must obtain approval of a Land Use Plan pursuant to Section 7.5.514 (Land Use Plan).
B. Dimensional Standards: Development standards such as minimum lot size, setbacks, and maximum height are determined at the time of zoning and Development Plan review.
C. Additional Standards:
1. When land is zoned into this zone district after the Effective Date, approval of a Land Use Plan pursuant to Section 7.5.514 (Land Use Plan) is required prior to any development on the land. Lands zoned into the former APD zone district prior to the Effective Date shall remain subject to any plans, conditions, or restrictions applicable under the pre-existing zoning or related zoning and land use approvals, but do not need to obtain approval of a Land Use Plan unless the Manager determines that the proposed development is of a size or intensity that was not anticipated, or creates potential impacts on the surrounding areas that were not considered, at the time of prior zoning or Land Use Plan approval.
2. The allowed uses on each Land Use Plan must conform with the uses designated and set forth on the adopted Colorado Springs Municipal Airport Master Plan. (Ord. 23-03)
A. Purpose: The PK zone district is intended for land set aside for use as, for example, public recreation and Open Space. Land uses are as indicated in Table 7.3.2-A: Base and NNA-O District Use Table. These parks may include playground equipment, athletic fields, sport courts, swimming pools, and other facilities and programmed activities normally associated with public parks. Parks may also be reserved for natural or environmental reasons, such as preservation of wildlife, vegetation, or significant natural, cultural, or historic resources.
B. Establishment and Development of a PK Zone: The establishment of a PK zone district shall follow procedures outlined for a rezoning of land in Article 7.5: Administration and Enforcement. Subsequently, all development activities associated with a particular PK zone district shall comply with a Park Master Plan for that zone district that shall be reviewed and approved at a public hearing by the Parks and Recreation Advisory Board. The decision of the Board may be appealed to the appropriate governmental agency. The Board or the City Council may add protective restrictions regarding setbacks from adjacent uses or property lines or the location and amount of parking to the approval of the Park Master Plan. Amendments to the Park Plan shall follow the procedure required for the original plan.
C. Dimensional Standards: All development activities and standards shall be determined by the approved Park Master Plan.
D. Review Criteria: Where Land Use Plan approval pursuant to Section 7.5.514 (Land Use Plan) is required, it shall be reviewed for compliance with the following review criteria:
1. Minimize impacts of scale, traffic, and parking on surrounding residential zone districts;
2. Compliance with the Park System Master Plan; and
3. Compliance with the City's Comprehensive Plan. (Ord. 23-03)
PART 6 OVERLAY DISTRICTS
SECTION:
7.2.601: AP-O: Airport Overlay
7.2.602: AF-O: United States Air Force Academy Overlay
7.2.603: SS-O: Streamside Overlay
7.2.604: WUI-O: Wildland Urban Interface Overlay
7.2.605: ADU-O: Accessory Dwelling Unit Overlay
7.2.606: NNA-O: North Nevada Avenue Overlay
7.2.607: ADS-O: Area Design Standards Overlay
7.2.608: HP-O: Historic Preservation Overlay
7.2.609: HR-O: High-Rise Overlay
7.2.610: HS-O: Hillside Overlay
A. Findings and Purpose: City Council finds and determines that:
1. Certain land uses that are determined by the Federal Aviation Administration (FAA), pursuant to 14 CFR Part 77, to create, establish, enhance, or maintain hazards to air navigation are a public nuisance and an injury to the communities served by the airports.
2. In the interest of the public health, public safety and welfare, no creation, enhancement, establishment, and/or maintenance of hazards to air navigation shall be granted unless a variance, waiver of standard(s) or other development approval is granted pursuant to this UDC.
3. The free and unobstructed passage of all aircraft, regardless of its owner or operator, in, through and across all of the airspace above the communities served by airports is a defined right set forth in title 49 United States Code ("USC") Sections 40102(a)(30) and 40103(a)(2), title 14 CFR, Chapter I, Parts 91, 101, and 103, as amended, including but not limited to 14 CFR Part 91.119, or any similar statute or regulation that may later be enacted or amended in total or in part; and including but not limited to C.R.S. §§ 41-4-101, 41-4-106 and 41-4-107, as amended, or any similar regulation or statute that may later be enacted or amended in total or in part.
4. Nonconforming uses may be created that are subject to the nonconforming use rights and restrictions as established by this UDC.
5. A person seeking a variance, waiver of standard(s) or other development approval shall, upon receipt of a reasonable request, grant, and record an avigation easement as a condition of approval of a variance, waiver of standard(s), or other development approval sought as a standard condition of development.
6. The City intends to exercise the full extent of its authority under C.R.S. Title 41 to establish a method for the acquisition of airport protection privileges for public purposes as a matter of public necessity.
7. These regulations are appropriate and necessary to implement the Colorado Springs Comprehensive Plan.
B. Airport Overlay District and Subzone Map: This AP-O district shall be shown on an approved AP-O district map, which is part of the official zoning map, and which may be amended from time to time.
C. Airport Overlay District Uses: To minimize the negative impacts that certain uses, some land uses are conditional or prohibited in the AP-O district, even if they are allowed in the base zone district. See Table 7.3.2-B: Additional Overlay District Use Table in Section 7.3.202 (Additional Overlay District Use Table) for a full list of limited or prohibited uses.
D. Development Requirements: All development shall comply with the following requirements:
1. Requirements Prior to Building Permit Issuance: Within the Airport Navigation (ANAV) subzone the following requirements apply and must be met prior to Building Permit issuance:
a. Unless previously granted for the property, an avigation easement must be granted and recorded.
b. Referral to Airport Advisory Commission or its designee for review and comment to ensure that any proposed structure does not penetrate the elevations shown on the Colorado Springs Airport Map.
c. Referral to Airport Advisory Commission or its designee for review and comment is required if the land use or permit request is for a communication facility, wastewater treatment facility, lift station or other use that uses electronic communications or emitting electromagnetic radiation that may create electrical interference with radio communication and navigational aids.
2. Requirements for New Development, Rezoning, or Subdivision: Within the ANAV subzone the following requirements apply for new development, rezoning, or Subdivision Plat:
a. Airport Advisory Commission or its designee shall review and comment on all applications.
b. As a condition of approval, the applicant shall grant and record an avigation easement for the benefit of the Colorado Springs Airport.
c. For Subdivision Plats or replats, the avigation easement recording information shall be referenced in the notes section of the plat.
3. Additional Requirements Within Airport Noise Subzone (ADNL): The following are necessary prior to the issuance of a Building Permit for any development within the sixty-five (65) DNL airport noise zone (ADNL), if not previously completed as a part of new development:
a. Airport Advisory Commission or its designee shall review and comment upon all applications.
b. For proposed development within an existing residential zone, a noise level reduction of thirty (30) dBA shall be achieved, and evidence of a noise reduction certificate provided.
c. Any rezoning of residentially zoned property to another residential or multi-family zone district shall not increase density beyond that permitted by the current zoning of the property.
d. Nonresidential land uses as identified in Table 7.3.2-B: Additional Overlay District Use Table are considered a conditional use unless a thirty (30) dBA noise reduction is achieved, and evidence of a noise reduction certificate provided.
4. Construction or Alteration Requiring FAA Notice:
a. Notice to FAA shall be provided as required by 14 CFR Part 77, as amended, or any similar regulation or statute that may later be enacted in total or in part for:
(1) Any person proposing construction or alteration of an improvement; and
(2) Any proposed construction of greater height than an imaginary surface extending outward and upward at a slope of 100:1 (i.e., one (1) foot of height for each one hundred (100) feet of distance) from the nearest point of the nearest runway through the length of the RPZ.
b. Any notice required by this Section 7.2.601 (AP-O: Airport Overlay) shall be on FAA form 7460-1, "Notice of Proposed Construction or Alteration." Notice required under this part shall be completed and a determination from the FAA be made as an attachment to Title 30 applications, where required.
5. Installation and Maintenance of Marking or Lighting on Improvements Requiring FAA Notice: In granting any approval or permission under this UDC, the City Council may, if it deems an action advisable to carry out the purposes of this Section 7.2.601 and reasonable in the circumstances, condition any development approval to require the owner of the improvement conditioned by the FAA at the time these regulations are adopted, to install, operate, and maintain at the person's expense, markers and lights as may be necessary to indicate to aviators the presence of an obstruction to flight. The Manager may, with the permission of the person and at the person's expense, own, install, and operate upon improvements so conditioned by the FAA at the time these regulations are adopted, markers or lights as may be necessary. After initial installation, the Manager may, upon written notice to the person, require the person to maintain those markers or lights in conformance with the standards of the FAA. Any person who fails to install, operate, or maintain a marker or light or pay the required expenses shall be charged with a misdemeanor for creating a hazard.
6. Prohibited Improvements: No improvement shall be erected, altered, or allowed to grow, or shall be maintained in any portion of the AP-O district that is in excess of any of the airport imaginary surfaces described in this Section 7.2.601 .For purposes of computation, the base level of the site shall be the highest point on which a structure is proposed as shown on USGS 1: 24,000 quad. In cases where conflicts exist, the USGS datum shall apply, except in cases in which the developer submits detailed engineering data that would result in alteration of the USGS datum.
7. Electrical Interference: Notwithstanding any other provisions of this Section 7.2.601, no use may be made of land within any zone established by this Section in a manner that creates electrical interference with radio communication or navigational aids between the airport and aircraft, makes it difficult for flyers to distinguish between airport lights and others, results in glare in the eyes of flyers using the airport, impairs visibility in the vicinity of the airport or otherwise endangers the landing, taking off or maneuvering of aircraft.
8. Conflicts: In cases in which the provisions of the AP-O district and the underlying zone conflict, the more restrictive provisions shall apply. (Ord. 23-03)
A. Purpose: The purpose of establishing an airport overlay zone district around the United States Air Force Academy is to maintain the safety of the navigable airspace and to be free of obstacles in and around the Academy's airfield in compliance with 14 Code of Federal Regulations (CFR) Part 77.
B. Airport Overlay District: This AF-O district shall be shown on an approved AF-O district map, part of the official zoning map, which may be amended from time to time.
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