A. General Standards: Except as otherwise provided by Subsection B below, the requirements of this Part 7.4.9 shall apply to all land when the following activities take place:
1. All new construction of primary structures;
2. All construction projects that increase the gross floor area of any primary structure on the lot by fifty (50) percent or more, measured cumulatively with any other activities that increased gross floor area of primary structures on the lot in the previous five (5) years;
3. If a site has sixty (60) percent or more impervious area, any site alteration that increases impervious surface area by ten (10) percent through any change other than an increase in the gross floor area of any primary structure, unless the property as a whole complies with the standards in Subsection 7.4.202A (Sustainability and Resilient Development Incentive);
4. Any change of use that results in the conversion of an attached or detached single-family or two-family dwelling to multi-family or nonresidential use;
5. The conversion of vacant land to nonresidential use that does not involve the construction of a primary structure;
6. The total redevelopment (demolition and new construction) of any primary structure on a lot; and
7. All government and utility service property zoned PF (Public Facilities);
8. Any alteration or reconfiguration of fifty (50) percent or more of existing developed landscape areas; and
9. A project that seeks a Major Modification to an approved Development Plan, including a change of use.
B. Exemptions: Except as provided in Subsection D below, the following are exempt from the requirements of this Part 7.4.9:
1. An individual detached single-family or two-family dwelling on its own lot;
2. Any valid, unexpired Development Plan approved prior to November 1, 1998, for which there is neither a change of use nor a major amendment to the plan;
3. Any temporary event approved in accordance with this UDC;
4. Any construction projects that increase the gross floor area of any primary structure on the lot by less than fifty (50) percent, measured cumulatively with any other activities that increased gross floor area of primary structures on the lot in the previous five (5) years;
5. Bona fide agricultural activities;
6. Currently approved Development Plans that are changed by a Minor Modification after the Effective Date of the UDC;
7. Master planned public parks, zoned PK, in conformance with Section 7.2.406 (PK: Public Parks); and
8. Medians in arterial street rights-of-way approved by the Park and Recreation Advisory Board.
C. Land in WUI-O District: Projects in the WUI-O district shall comply with additional requirements in Section 7.2.604 (WUI-O: Wildland Urban Interface Overlay) and related City of Colorado Springs Fire Prevention Code and Standards requirements.
D. Land in the SS-O District: Projects in the SS-O district shall comply with additional requirements in Section 7.2.603 (SS-O: Streamside Overlay).
E. Special Requirements: The following requirements shall apply to attached or detached single-family or two-family dwelling residential projects:
1. Maximum High Water Use Turfgrass: To reduce the use of the City's limited water resources for outdoor irrigation:
a. No more than twenty-five (25) percent of the portion of a lot not covered by a primary or accessory structure or a driveway, patio, deck, or walkway, and no contiguous area less than one hundred (100) square feet in area, shall be planted with High Water Use Turfgrass. The one hundred (100) square foot limit shall not apply to the Parkway.
b. The irrigation water service connection shall be sized appropriately to accommodate irrigation during the hours and days outlined in the Water Shortage Ordinance, Chapter 12, Article 4, Part 13 of the Code of the City of Colorado Springs. All irrigation water shall be metered and have appropriate backflow prevention as identified by Colorado Springs Utilities Water Line Extension and Service Standards.
c. Any restrictive covenant that becomes effective on or after November 1, 1998, shall not require the use of High Water Use Turfgrass. This provision shall not restrict the individual and voluntary use of High Water Use Turfgrass.
2. Double Frontage Lot Streetscape:
a. Where double frontage lots are approved as part of a Subdivision Plat, Land Use Plan, or Development Plan, installation of landscape is required in all adjacent tracts and right-of-way areas. This includes any proposed landscape improvements including irrigation system, plant material, fence, and sidewalk along the secondary frontage (generally that facing an arterial or collector street not providing access to the lot). Installation shall be the responsibility of the developer.
b. Maintenance shall be the responsibility of a homeowners' association or other special district or association acceptable to the City, and shall be so noted on the Subdivision Plat, Land Use Plan, or Development Plan. Establishment of a landscape easement with individual lot owner responsibility is not acceptable and a creation of a landscape tract to be maintained by an entity acceptable to the Manager may be required.
3. Common Areas: Landscaped common areas, such as green space tracts, entrances, medians, and roundabouts in attached or detached single-family or two-family dwelling residential projects shall be installed by the developer. Responsibility for maintenance of all such common areas shall be given to a homeowners' association or other special district or association acceptable to the City, and shall be so noted on the Development Plan, Subdivision Plat, or Land Use Plan.
4. Dissolved Homeowners' Association or Other Special District: Where a homeowners' association or other special district or association that is responsible for maintenance of landscaped common areas dissolves or is no longer in existence, the current owner of the landscaped common areas shall be responsible for maintenance.
F. Preservation Areas:
1. Subdivision Plats or Land Use Plans may designate areas of land or water as preservation areas in which the following activities are prohibited unless specifically permitted by the approved Subdivision Plat or Land Use Plan.
a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation;
d. Excavation, dredging or removal of loam, gravel, soil, rock, or other mineral substance in such manner to affect the surface;
e. Activities detrimental to drainage, flood control, erosion control or soil conservation; or
f. Other acts or uses detrimental to such retention of land or water areas.
2. Some preservation areas may be further designated as "Oasis" plant communities in which indigenous plant communities are retained in their entirety, with canopy trees, understory plants and ground covers left intact and undisturbed as credit toward required landscaping on Development Plans.
G. FBZ Regulating Plans: Alternate landscaping standards may be included as a part of an FBZ regulating plan. In case of a conflict between the provisions of this Part 7.4.9, and the landscaping standards included in an FBZ regulating plan, the standards included in an FBZ regulating plan shall apply. (Ord. 23-03)