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7.2.605: ADU-O: ACCESSORY DWELLING UNIT OVERLAY:
   A.   Purpose: The purpose of the ADU-O district is to allow flexible housing options in a neighborhood while ensuring the overall character of the development is consistent with the base zone. The ADU-O district may be used in conjunction with residential development approved on or after the Effective Date of the UDC.
   B.   District Requirements:
      1.   The overlay district shall be made up of contiguous parcels of land that are undeveloped and under a single or common ownership.
      2.   The minimum size of the overlay district shall be ten (10) acres; provided, that an area no smaller than three (3) acres may be considered for zoning to the overlay district if that area has identifiable boundaries. These boundaries may include roadways that are classified as collector or larger, open space, green space, or adjacency to a multi-family or commercial zone district boundary.
   C.   Standards:
      1.   Permitted Use: An integrated or detached Accessory Dwelling Unit (ADU) is a permitted accessory use within the ADU-O district, regardless of whether the base zone district for the property permits an ADU.
      2.   Development Standards: All ADUs shall comply with the use-specific standards in Subsection 7.3.304E (Dwelling, Accessory) and shall comply with all other applicable provisions of this UDC, except that the owner-occupancy requirement in Subsection 7.3.304E.1.a (Owner-Occupancy) shall not apply.
      3.   Restriction on Subdivision: The restrictions at Subsection 7.3.304E.1.c (Restriction on Subdivision) apply in the ADU-O district. (Ord. 23-03)
7.2.606: NNA-O: NORTH NEVADA AVENUE OVERLAY:
   A.   Purpose: The purpose of the NNA-O district is to implement the goals of the Master Plan adopted for the geographic area of North Nevada Avenue as illustrated in the map below. The goals include:
      1.   Creating a mix of business types and uses that support and employ our residents and serve as a regional economic magnet;
      2.   Strengthening connections within the area and to the community by improving roadways and expanding transit service;
      3.   Strengthening housing options that serves the need of existing and new residents and offers options for all ages and levels of income; and
      4.   Integrating the corridor's streets, sidewalks, stormwater, streetscape, and other City infrastructure.
   B.   Applicability: The NNA-O district applies to the area generally described lying south of Garden of the Gods/Austin Bluffs, east of Monument Creek and Cascade Avenue, west of Weber Street and Stone Avenue, and north of the Old North End at the railroad right-of-way. The overlay is broken into three (3) sectors, the north, central, and south.
 
      1.   Objectives: The NNA-O district encourages new investment while ensuring that redevelopment balances private investment objectives with community sustainability. This is accomplished by:
      2.   Orienting buildings towards the street, City trails, and waterways to encourage pedestrian accessibility and walkability;
      3.   Fostering the development of mixed uses;
      4.   Encouraging multi-story buildings;
      5.   Promoting aesthetically pleasing building design;
      6.   Encouraging the incorporation of community and sustainable places and landscaping, including public art, public spaces, green infrastructure measures, and LEED certified building design, which in turn enhance the desirability of the corridor; and
      7.   Minimizing visibility and impact of parking lots and service areas by locating significant parking and service access away from primary streets.
   C.   Permitted and Conditional Uses: Permitted and conditional uses are shown in Table 7.3.2-A: Base and NNA-O District Use Table in Part 7.3.2 (Allowed Use Tables).
   D.   Lot and Building Standards: Front yard setbacks are established as a build-within zone; buildings, or portions of it, must be located within the distances specified below within each of the sectors. Rear and side yard setbacks will use a standard minimum building setback as specified below within each of the sectors. All other dimensional standards from the underlying base zone district apply:
 
Table 7.2.6-B
NNA-O: Lot and Building Standards
Setbacks
South Sector
Central Sector
North Sector
 
Front [1]
0 - 15 ft.
15 - 80 ft.
15 - 80 ft.
 
Side
5 ft.
15 ft.
15 ft.
 
Corner Lot - Side Street
15 ft.
25 ft.
25 ft.
 
Rear
5 ft.
5 ft.
5 ft.
Notes:
[1]   Build within the range specified.
 
   E.   Height Bonuses: Maximum building height may be increased to sixty (60) feet if the development includes three (3) or more of the following:
      1.   Publicly accessible green spaces, plazas, or detached sidewalks that either front a street or connect to sidewalks or trails;
      2.   Publicly displayed art that is minimum one percent overall project cost;
      3.   Adaptive reuse of historically significant buildings;
      4.   Use of aesthetically pleasing green infrastructure measures that are approved by the Stormwater Enterprise Manager; or
      5.   Shared parking between adjacent properties.
   F.   Design Guidelines: Development within the NNA-O district shall follow the adopted design guidelines. (Ord. 23-03)
7.2.607: ADS-O: AREA DESIGN STANDARDS OVERLAY:
   A.   Purpose: The purpose of the Area Design Standards Overlay is to preserve the bulk, form, and dimensional standards of residential or commercial areas with distinctive characteristics that are worthy of conservation but are not historical or within a Historic Preservation Overlay (HP-O) district. The intent of the ADS-O is to foster rehabilitation, development, and redevelopment in character with existing development or as recommended in (1) an adopted neighborhood plan as defined in the Colorado Springs Comprehensive Plan, or (2) a Stakeholder Engagement Plan for an ADS-O district approved by City Council pursuant to this Section 7.2.607.
   B.   Eligibility: In addition to the criteria for a zone change in Section 7.5.704 (Zoning Map Amendment (Rezoning)), to be eligible for designation as an ADS-O:
      1.   All of the area to be included in the ADS-O shall have been included in either:
         a.   A neighborhood plan, as defined in the Colorado Springs Comprehensive Plan, that was adopted within the five (5) years preceding the application date; or
         b.   A Stakeholder Engagement Plan for an ADS-O district that was approved by the Planning Department.
      2.   A majority of the area included in the application shall have one (1) or more the following characteristics:
         a.   Recognized identity and character;
         b.   High architectural value, including consistent building design and materials;
         c.   Relationship with the unique places or cultural features identified in the Colorado Springs Comprehensive Plan;
         d.   Non-conforming setbacks or consistently deeper setbacks than are required by the base zone district;
         e.   Consistently lower building heights than are permitted in the base zone district; or
         f.   Uniform landscaping maintained over a substantial period of time in relation to the age of the neighborhood.
   C.   Permitted Development Standards: An ADS-O district may establish standards for the following types of development standards only if the area has the related characteristic identified in Subsection B above, which will supersede any conflicting standards in this UDC.
      1.   Requirements for contextual front or side setbacks. Contextual setbacks require that new development and redevelopment be similar to those on adjacent or nearby properties, regardless of the front or side setbacks in the base zone district, or that they comply with other dimensional standards determined on a case-by-case basis consistent with the Purpose described in Subsection A above;
      2.   Limitations on maximum building heights of new development or redevelopment to a lower height than that permitted in the base zone district;
      3.   Requirements that new development and redevelopment incorporate visible architectural or building features found on a majority of primary buildings within the district;
      4.   Standards requiring the use of building materials that are, or that look like, materials used in a significant majority of primary buildings within the district, or prohibiting the use of building materials that were not used on a significant majority of primary buildings within the district; and
      5.   Requirements for the installation and maintenance of types, locations, and styles of landscaping and buffering found on a significant majority of lots containing primary buildings within the district.
      6.   Requirements for lot size and lot coverage.
   D.   ADS-O: Area Design Standard Overlay Establishment:
      1.   Prior to submittal of an application to create an ADS-O district, a neighborhood meeting facilitated by the Planning Department shall be held with property owners and residents within the anticipated ADS-O boundaries to discuss the proposed overlay zoning district.
      2.   After the completion of the neighborhood meeting referred to in Subsection 1, if the Manager determines that the requirements for eligibility in Subsection B above have been met, then, notwithstanding the provisions of Section 7.5.403A (Authority to Submit Applications), any of the following may submit an application for the creation of an ADS-O district:
         a.   A resident living in the area to be included in the proposed ADS-O district;
         b.   An owner of a business operating in the area to be included in the ADS-O district; or
         c.   A Neighborhood Association whose boundaries include some or all of the land to be included in the ADS-O district.
      3.   In addition to other requirements for an application for a Zoning Map Amendment (Rezoning), an application for the creation of an ADS-O district shall include all of the following:
         a.   Project Statement and Justification: A written justification for the request identifying how it will promote the purposes of the base zone district in which the property is located, the ADS-O zone district, this UDC, and/or the Comprehensive Plan.
         b.   Stakeholder Engagement Plan: A Stakeholder Engagement Plan created in coordination with the Planning Department which includes, but is not limited to:
            (1)   The number and type of outreach events;
            (2)   Survey questions and approach;
            (3)   Focus group discussion topics; and
            (4)   Property owner interviews.
         c.   Petition: A petition in support including dates and signatures of those property owners and tenants in support of the application, together with the addresses of any property they own within the proposed boundaries of the ADS-O district, and showing that all petition signatures have been obtained within the two-(2) month period before the application was submitted.
         d.   Proposed Design Standards: The proposed design standards to be applied in the ADS-O, which are limited to those listed in Section 7.2.607 (ADS-O: Area Design Standards Overlay).
         e.   Plat: A copy of the plat(s) of the subdivision(s) included within the proposed ADS-O district.
         f.   Inventory of Existing Uses and Structures: An inventory of existing structures within the proposed ADS-O district showing:
            (1)   Existing use, building heights, and building setbacks for each property;
            (2)   Any unplatted parcels; and
            (3)   The location of any nonconforming structures or uses, and an indication of whether the proposed design standards would make them more or less nonconforming.
      4.   Decision: The Planning Commission may recommend approval or approval with conditions, and City Council may approve or approve with conditions if they determine that:
         a.   The criteria for approval of a Zoning Map Amendment (Rezoning) have been met;
         b.   The eligibility criteria in Subsection B.2 above have been met:
         c.   The establishment of the ADS-O district will not cause detrimental financial impacts to property owners within the district; and
         d.   The dimensional or design standards applicable in the he ADS-O district will not preclude property owners from expanding real property that is compliant with base zoning dimensional standards. (Ord. 23-03)
7.2.608: HP-O: HISTORIC PRESERVATION OVERLAY:
   A.   Purpose: The economic, cultural, and aesthetic standing of Colorado Springs cannot be maintained or enhanced by disregarding the historical and architectural heritage of the City and by ignoring the destruction or defacement of cultural assets. The protection, enhancement, perpetuation, and use of structures and areas of a historical or architectural significance located within the City is a public necessity and is required in the interest of the prosperity, civic pride, and general welfare of the people. The purpose of the HP-O district is to:
      1.   Designate, preserve, protect, enhance, and perpetuate those structures and areas that reflect outstanding elements of the City's cultural, artistic, environmental, social, economic, political, architectural, historic, or other heritage;
      2.   Foster civic pride in the beauty and accomplishments of the past;
      3.   Stabilize or improve the aesthetic and economic vitality and values of such structures and areas;
      4.   Protect and enhance the City's attraction to tourists and visitors;
      5.   Promote the use of outstanding historical or architectural structures or districts for the education, enjoyment, and welfare of the people of the City;
      6.   Foster the economic and heritage tourism benefits associated with the City's cultural assets;
      7.   Promote good urban and architectural design in new infill buildings and rehabilitation of existing buildings including the preservation of related Green Space and Open Spaces; and
      8.   Promote and encourage continued private ownership and use of buildings and other structures now so owned and used, to the extent that the objectives listed above can be attained under such a policy.
   B.   Standards for Designation of Areas for Zoning Overlay: A structure may be designated by Council for historic preservation overlay zoning if it has either historical or architectural importance as defined below.
      1.   Historical Importance: The structure or area:
         a.   Has significant character, interest, or value, as part of the development, heritage or cultural characteristics of the city, state, or nation;
         b.   Is the site of a historic event with significant effect upon society;
         c.   Is identified with a person or group of persons who had significant influence on society; or
         d.   Exemplifies the cultural, political, economic, social, or historic heritage of the community.
      2.   Architectural Importance: The structure or area:
         a.   Portrays the environment of a group of people in an era of history characterized by a historically important and distinctive architectural style;
         b.   Embodies architecturally distinguishing characteristics;
         c.   Is the work of an architect or builder whose individual work has influenced the development of the City;
         d.   Contains elements of architectural design, detail, materials, or craftsmanship that represent a significant innovation; or
         e.   Contains buildings that, although individually lacking distinction, collectively display distinguishing characteristics.
   C.   Surveys and Inventories:
      1.   Surveys and inventories of historic properties that have been prepared by the City are on file at the Planning Department. These surveys and inventories already completed, and any completed in the future, shall be a part of the Colorado Springs Comprehensive Plan.
      2.   The City survey and inventory system shall be compatible with federal and state criteria and consistent with statewide comprehensive historic preservation planning.
   D.   Procedures: All procedures related to the administration of this Section 7.2.608 and the designation and regulation of historic structures are in Article 7.5: Administration and Enforcement. (Ord. 23-03)
7.2.609: HR-O: HIGH-RISE OVERLAY:
   A.   Purpose, Description, And Applicability: The purpose of the High-Rise Overlay (HR-O) district is to allow the construction of high-rise buildings in accord with special height, floor area, and bulk limitations described in this section.
      1.   The HR-O may only be used in conjunction with R-5, MX-T, OR, MX-N, MX-M, MX-LBP, LI, GI, and PF zone districts. All standards and provisions of the base zone district(s) that are not modified by this Section 7.2.609 shall continue to apply to properties in the HR-O district.
      2.   The application to establish an HR-O district shall include a Land Use Plan which conforms to standards listed in this section and the criteria listed in Section 7.5.514 (Land Use Plan).
   B.   Development Plan Required: Prior to the issuance of a Building Permit, an approved Development Plan that meets the criteria and requirements of Section 7.5.515 (Development Plan) is required for all development within the HR-O that exceeds the base height limit within the base zone district.
   C.   Development Standards: In lieu of the height limitations that apply in the base zone district, development in the HR-O district may develop in accordance with the height, floor-area ratio, and bulk standards in this section. All development in an HR-O district may use the standards of this Subsection C, except that in the R-5 district all uses that are not principal permitted uses shall be subject to the height limitations of the base zone district.
      1.   Maximum Height: The maximum height of buildings is determined by conformance with the height limitation standards listed in this section.
      2.   Floor Area Ratio: The amount of floor area which may be constructed on a lot in an HR-O district is limited. The maximum square footage of floor area within a high rise building on a lot in a specific zone is determined by multiplying the area of the lot by the following factor designated for the base zone district in Table 7.2.6-C.
Table 7.2.6-C
HR-O District FAR Limitations
Zone District
FAR Factor
Table 7.2.6-C
HR-O District FAR Limitations
Zone District
FAR Factor
R-5
3
MX-T
2
OR
3
MX-N
3
MX-M
5
MX-L
10
BP
2
LI
3
GI
4
PF
2
PDZ
3
Note:
An indoor parking area for vehicles on a lot shall be considered additional lot area for the purposes of determining the required lot area per dwelling unit. The square footage of the parking area shall also be excluded from the gross floor area calculated for purposes of this Section.
 
      3.   Height Limitations: In the HR-O district, no part of any structure except church spires, church towers, flagpoles, antennas, chimneys, flues, vents, cooling towers, elevator and mechanical penthouses, accessory water tanks, or any other structures not used as floor space or human occupancy, which are an integral part and architecturally compatible with the building, shall project up through height limits which are defined by diagonal planes as listed below:
         a.   In the PDZ, R-5, OR, MX-N, MX-M, MX-L, MX-T, and PF zones, the maximum pitch of the diagonal plane may be two (2) feet vertical to one (1) foot horizontal from lines twenty (20) feet above lot lines.
         b.   In the MX-M zone, the maximum pitch of the diagonal plane may be three (3) feet vertical to one (1) foot horizontal from lines twenty feet (20) above lot lines.
         c.   In the MX-L zone, the maximum pitch of the diagonal plane may be three and three quarters (3.75) feet vertical to one (1) foot horizontal from lines twenty (20) feet above lot lines.
         d.   In the GI zone, the maximum pitch of the diagonal plane may be one (1) foot to one (1) foot from lines twenty (20) feet above lot lines.
 
(Ord. 23-03)
7.2.610: HS-O: HILLSIDE OVERLAY:
   A.   Purpose: The purpose of the HS-O district is to ensure that hillside areas retain their unique character, to safeguard the natural heritage of the City, and to protect the public health, welfare, and safety. Review of development proposals for property within the overlay should recognize the various City Code requirements and the need to balance their application with the physical attributes of the property. The HS-O district may be used with any zone district in the City to meet the following objectives:
      1.   To conserve the unique natural features and aesthetic qualities of the hillside areas;
      2.   To provide safe and convenient access to hillside areas;
      3.   To minimize water runoff and soil erosion problems incurred in adjustment of the terrain to meet development needs;
      4.   To ensure that new development is compatible with the natural systems, the terrain, and the geologic character of hillside areas;
      5.   To encourage innovative design solutions that meet the purpose of the HS-O district; and
      6.   To preserve wildlife habitat and wetland areas that provide wildlife migration corridors.
   B.   Applicability:
      1.   General:
         a.   In case of a conflict between the provisions of the HS-O district and the WUI-O district, the provisions of the WUI-O district shall apply.
         b.   The standards in the HS-O district apply on a lot-by-lot basis to single-family residential dwellings, and on a development-wide basis to other types of applications.
         c.   No building or structure may be erected, reconstructed, or structurally altered on land in the HS-O district, and land in this overlay district may not be subdivided, graded, or otherwise disturbed for development, subdivision, or any other purpose, unless such construction, subdivision, disturbance, or development complies with the provisions of this Section 7.2.610.
         d.   In the HS-O district, no Building Permits shall be issued and no grading, land disturbance, removal of vegetation, or construction activity may occur on any lot or parcel until:
            (1)   A Development Plan for the site is approved;
            (2)   A Hillside Site and Grading Plan for the site is approved; and
            (3)   The Final Plat is recorded.
      2.   Exemption: The provisions of this Section 7.2.610 shall not apply to:
         a.   Land that is removed from the HS-O district through rezoning pursuant to the procedure in Section 7.5.703 (Zoning Map Amendment (Rezoning)).
         b.   Property that is the subject of an application for a Building Permit, Development Plan, or Subdivision Plat and that the Manager, upon consultation with the City Engineer, the Stormwater Enterprise, Fire Code Official, Traffic Engineering, and Utilities, determines is not characteristic of the hillside area landscape features this Section 7.2.610 is intended to protect and that the exemption will not compromise the ability of the HS-O district to achieve its intended purposes.
         c.   Lots created prior to the original adoption of these hillside regulations on June 6, 1996, and the Manager determines cannot reasonably comply with some of the standards in this Section 7.2.610, in which case the Manager may adjust or exempt the lot from the requirement of compliance with that standard at the time of Building Permit issuance.
   C.   Land Suitability Analysis:
      1.   Purpose: Land Suitability Analysis provides information about the physical characteristics and features of a site to assess impact of proposed development and determine buildable areas. This analysis further determines if preservation areas should be identified to better preserve unique hillside characteristics.
      2.   Standards: Each new Land Use Plan, Major Modification to a Land Use Plan, and Hillside Development Plan for any proposed development shall include a Land Suitability Analysis. If the applicant submits a written request for waiver of exceptions to elements of required Land Suitability Analysis, the Manager may waive those elements or approve those exceptions that are not necessary to achieve the purposes of the HS-O district. The Manager may also require additional analysis based on unique location, character, or potential impacts of development on the property.
      3.   Components of Land Suitability Analysis: In addition to technical requirements listed on the City's website, the Land Suitability Analysis shall include the following components:
         a.   Slope Analysis: Identification of slope ranges for parcels in order to assess the potential number of sites and preservation areas. The evaluation for this Section should consider the intensity of the development, the ability to provide infrastructure and emergency services access. Slope analysis shall be provided in the following increments and use a contour interval of two (2) feet:
            (1)   Zero (0) to eight (8) percent generally suitable for development;
            (2)   Eight (8) to twelve (12) percent increased potential for engineering difficulties; moderate potential for activating site hazards;
            (3)   Twelve (12) to fifteen (15) percent increased potential for engineering difficulties; moderately high potential for activating site hazards;
            (4)   Fifteen (15) to twenty-five (25) percent high potential for activating hazard potential; and
            (5)   Twenty-five (25) and over percent very high potential for development difficulty and severe hazard potential. Development on slopes over twenty-five (25) percent will not be supported.
         b.   Vegetation and Wildlife: Grasslands, scrub oak and similar shrubs, and coniferous tree cover are major components of hillside areas. Analysis shall show the physical location of vegetation and the following items:
            (1)   Identify major vegetation in native ecosystems;
               (a)   Scrub Oak (Gambrel Oak);
               (b)    Deciduous and evergreen trees between four (4) inches and twelve (12) inches or greater caliper size depending on density of trees onsite; and
               (c)   Native grass, ground cover, and shrub massing.
            (2)   Assessment of the WUI-O district, if applicable; and
            (3)   Interface of development and native wildlife habitat and migration corridors.
         c.   Geology Analysis: Development shall comply with regulations pursuant to Part 7.4.5 Geological Hazards.
         d.   Analysis Package: Composite map with the various components of the Land Suitability Analysis overlaid on a map to show a composite of opportunities and constraints, along with a written analysis of the existing site features and constraints and how the development of the site will occur in a manner which considers both the opportunities and constraints. The analysis shall also include mitigation for the site's physical constraints and hazards.
   D.   Hillside Development Plan: In addition to the normal Development Plan submittal requirements, applications for Development Plans in the HS-O district shall also include a Hillside Development Plan showing the following information in compliance with the submission and technical requirements located on the City's website.
      1.   Building Lots: The location of building lots and building envelopes on each lot shall comply with the following:
         a.   Development on slopes greater than twenty-five (25) percent in building envelopes shall be avoided;
         b.   Preserve significant vegetation and features in preservation easements;
         c.   Allow variation in front and side yard setbacks along the street frontage where significant vegetation, geologic hazard concerns, or slopes over twenty-five (25) percent exist on the site. Approval of a Non-Use Variance pursuant to Section 7.5.525 (Non-Use Variance) is required to allow setback variation; and
         d.   Only use retaining walls where necessary. Retaining walls are to be limited to four (4) feet in height with no more than two (2) piers separated by four (4) to six (6) feet.
      2.   Street Type and Placement: Streets and driveways must provide adequate vehicular access to each individual building lot. Adequate access will be evaluated based upon compliance with the following standards to the maximum extent feasible:
         a.   Driveways should follow the natural contour of the land and should generally minimize the need for cut and/or fill for driveway construction. Cut and fill slopes should be limited to four (4) feet in height and no more than two (2) four- (4) foot tiers in total;
         b.   Where retaining walls are used, there should be a minimum horizontal separation of four (4) feet between each tier and the face of the retaining wall shall be screened by vegetation. However, a taller single wall of up to seven (7) feet may be approved when necessary to reduce vegetation removal;
         c.   Individual driveways should have a maximum slope of twenty (20) percent and shared driveways should have a maximum slope of fifteen (15) percent. When the driveway serves a required Fire Department access, the width shall be a minimum of twelve (12) feet and the maximum grade shall be twelve (12) percent;
         d.   The amount of significant vegetation proposed to be removed should be minimized;
         e.   Driveway locations shall facilitate emergency service response. On streets with less than twenty-eight (28) foot mat widths, driveways should be offset to facilitate emergency response; and
         f.   The inclusion of shared driveways where possible to reduce grading, paving, and site disturbance.
      3.   Individual Utility Service Lines: Service lines should be located to minimize the need for grading and for disturbance of significant vegetation and natural features. The retention of the significant vegetation will be the main factor in the evaluation of the utility service line location. A proposed lot may not be approved if a satisfactory utility service line location cannot be agreed upon.
      4.   Retention of the Significant Vegetation on Individual Building Lots: On lots with significant existing vegetation the placement of the home should use existing vegetation, particularly in the front yard and streetscape areas, to soften structural mass and maintain vegetation.
      5.   Hillside Development Plan Review Criteria: In addition to the criteria in Section 7.5.515 (Development Plan), a Development Plan in the HS-O district shall comply with the following review criteria:
         a.   The plan is consistent with the spirit and intent of the Hillside Design Manual;
         b.   The streetscape will retain a hillside character after the street is constructed, including but not limited to retaining existing vegetation and rock features;
         c.   Disturbance of the existing terrain is minimized;
         d.   The visual impacts upon offsite areas been reduced or mitigated;
         e.   Significant ridgelines and other prominent sites within the City have been preserved;
         f.   Additional measures to mitigate environmental and visual impacts of the development have been included as necessary, based on the nature and location of the development:
            (1)   Alternate siting of structures to include increased setbacks from ridgelines;
            (2)   Use of significant vegetation to soften structural mass when building sites are located in highly visible areas;
            (3)   Designation of special height restrictions;
            (4)   Use of native vegetative cover and retaining walls faced with stone or earth-colored materials as stabilization measures for cuts and fills; and
            (5)   Alternate street placement to reduce visibility of structures.
         g.   Significant natural features and the significant vegetation been placed in preservation area easements and any impacts of necessary utility easements through the preservation areas been mitigated to the maximum extent feasible. Because of the terrain in hillside areas, it is recognized that utilities and some drainage improvements may have to be located within an easement. The review will consider the necessity of locating these facilities within the preservation area easement with least amount of disturbance and impact;
         h.   Geologic, soil, and other natural hazards been identified and mitigated to the maximum extent feasible; and
         i.   The results of any geologic hazards study required by Part 7.4.5 (Geological Hazards) have been reflected in the plan through avoidance of, or mitigation of impacts related to, those hazards.
   E.   Hillside Site and Grading Plan:
      1.   No construction activity, including grading or removal of vegetation, shall occur on lots or parcels within the HS-O district until a Hillside Site and Grading Plan has been approved by the Manager. The requirement for a Hillside Site and Grading Plan may be waived by the Manager if the change is determined to be a minor disturbance with no grading or removal of vegetation.
      2.   The Hillside Site and Grading Plan shall contain the content required by the Hillside Design Manual and the approved Development Plan and shall be consistent with the following site design review criteria:
         a.   The Plan complies with the development standards of the applicable zone district or Development Plan;
         b.   Terrain disturbance has been minimized by minimizing cut and fill, retaining natural land forms, including visually compatible cut and fill stabilization measures, and the incorporation of existing slopes and rock formations into the site design, to the maximum extent feasible. If cut and fill occurs, make every effort to limit the retaining walls to four (4) feet in height with four (4) feet horizontal separation;
         c.   Natural vegetation has been preserved and incorporated into the project design, with particular emphasis on preserving healthy and significant stands of scrub oak and pine trees and scrub oak and pine trees in front yard areas; and
         d.   Visual impacts upon off-site areas been avoided or reasonably mitigated by locating structures to avoid ridgelines and preserve a mountain or hillside backdrop, and by preserving existing vegetation and/or incorporating supplementary native landscaping to soften the structural mass of buildings located in highly visible areas.
   F.   Illegal Land Disturbance, Grading, and Vegetation Removal:
      1.   No grading or removal of vegetation shall occur on properties subject to the HS-O district unless authorized by a City approved Hillside Site and Grading Plan.
      2.   In addition to any other remedies provided for in this UDC, the Manager may issue a stop work order pursuant to Subsection 7.5.904C (Stop Work Order for Hillside Site and Grading Plan) for violations of this Subsection F.
   G.   Wildfire Risk Mitigation:
      1.   Requirement:
         a.   Within the HS-O district, development shall comply with the following provisions for reduction of wildfire risks when located within the WUI-O district.
         b.   Wildfire risk reduction techniques may include measures such as monitored smoke alarm systems and sprinkler systems for all residential occupancies, a minimum Class B on all other occupancies, and fuels management measures within the Safety Zone of applicable new building construction.
      2.   Disclosure Statements: All Development Plans and Subdivision Plats within the WUI-O district approved on or after April 1, 1993, and Wildland Urban Interface Site Plan/Lot Grading Plans shall contain the following disclosure statements referencing Appendix K of the City of Colorado Springs Fire Prevention Code and Standards:
      "Residing in or near wildland interface or intermix areas involves increased fire risks that may not apply in urban or more urbanized types of developed communities."; and
      "All lots within this development are subject to fuels management requirements. It is the responsibility of the builder to implement the fuels management procedures as defined in Chapter 8 of the City Code for each lot. Approval inspection must be obtained from the Planning Department prior to Final inspection by the Building Department and allowing occupancy of the residence. The initial fuels management inspection must be requested from the Planning Department prior to framing inspection with subsequent approval obtained prior to building final."
      3.   Roof Materials: A Class A roof covering (excluding solid wood roofing products) shall be installed on all residential occupancies and a minimum Class B roof covering shall be installed on all remaining occupancies (not to replace Class A where already required by the Regional Building Code) at the time a permitted roofing or reroofing application is completed.
   H.   Hillside Building Height: Within the HS-O district permitted heights are as follows:
      1.   Maximum building height shall be determined at the time of zoning and Development Plan review and may be reduced based upon consideration of site factors including visual analysis, topography, and proposed height relative to existing vegetation.
      2.   For multi-family uses, height shall be determined at the time of zoning and Development Plan review. Maximum building height will be based upon consideration of site factors including visual analysis, topography, and proposed height relative to existing vegetation.
      3.   For nonresidential uses, maximum structure height is as permitted in the underlying zone, subject to final determination at the time of Development Plan review. Maximum building height may be reduced based upon consideration of site factors including visual analysis, topography, and proposed height relative to existing vegetation.
      4.   Existing single-family zoned lots with approved, unexpired Development Plans or Subdivision Plats approved prior to the original adoption of these building height regulations on June 6, 1996, shall have a maximum permitted height of thirty-five (35) feet. In the event an approved Development Plan restricts building height to less than thirty (30) feet, the maximum height required by the Development Plan shall apply.
 
(Ord. 23-03 )
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