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A. General Requirements:
1. Right to Appeal:
a. An Affected Party aggrieved by an appealable administrative decision made by the Manager or other City official under this UDC may appeal the decision, except where appeals are specifically barred under this UDC.
b. For purposes of this Section, an Affected Party is:
(1) The applicant for the decision being appealed;
(2) The owner or tenant of a lot or parcel of land located within one thousand (1,000) feet of the subject lot; or
(3) Any owner or tenant of a lot or parcel of land located within three (3) miles of the subject property who has preserved standing by:
(a) Testifying at the public hearing on the application;
(b) Submitting written comments prior to the public hearing on the application; or
(c) In the case of applications approved by the Manager or an administrative official, submitting written comments to the Manager or administrative official during the comment period before the Manager or administrative official's action.
2. Notice of Appeal:
a. The notice of appeal shall state:
(1) The specific provision(s) of this UDC that is the basis of the appeal;
(2) Which of the following criteria for reversal or modification of the decision is applicable to the appeal:
(a) The decision is contrary to the express language of this UDC;
(b) The decision is erroneous; or
(c) The decision is clearly contrary to law; and
(3) Describe how the criteria for the relevant application have or have not been met.
b. A recommendation to City Council to approve an application shall not be the basis for an appeal.
c. As a preliminary matter, the body hearing the appeal may choose to vote on the sufficiency of the appeal to determine if the appeal has met the requirements of this Subsection. Upon a finding of insufficiency by a majority of the body hearing the appeal, the appeal shall be rejected, and no hearing held.
3. Complete Appeal Required: Any person pursuing an appeal subject to this Section 7.5.416 (Appeals) shall complete all forms pursuant to Section 7.5.403 (Application Submission) and the payment of all fees required by Section 7.5.404 (Fees). Failure to pay any required fee or to properly complete any required form within the time provided shall be deemed a waiver of the right to appeal.
4. Failure to appeal: An Affected Party shall file a written notice of appeal with the City within ten (10) days from the date of the final decision. The failure to appeal an appealable decision within ten (10) days of the decision shall be deemed a waiver of right to appeal to the courts under rule 106 of the Colorado Rules of Civil Procedure for failure to exhaust administrative the remedies.
5. Stay of Decision: A perfected appeal to a City appellate body operates as a stay of the decision unless the Manager certifies in writing that one of the following apply:
a. A stay would cause or result in an imminent hazard to public health, safety, and welfare; or
b. The appeal or violation of this UDC relates to a current or proposed activity that is of such a short term nature that by the time an appeal hearing is held, the activity or violation will have been concluded, terminated, or moved to another site. The time frame in which violations of this nature operate is such that a stay of proceedings will make the enforcement process ineffective. Examples of short term violations include, but are not limited to, temporary vendors, promotional events, and temporary signs.
6. Scheduling of Hearing: Upon receiving a complete notice of appeal and payment of the corresponding fee:
a. Within seven (7) days after receipt of the appeal, and after providing the applicant and appellant with an opportunity to comment on the date of the hearing, the City shall schedule the public hearing.
b. The public hearing shall be scheduled for a regular or special meeting that is at least thirty (30) days, but not more than sixty (60) days, after the City's receipt of the appeal.
7. Record on Appeal: On appeal the entire file of the Planning Department pertaining to the matter shall be made a part of the record. The file must include at a minimum, the minutes of any related hearings, maps, drawings, reports, and applications.
8. Further Appeals: Appeals decided by the Planning Commission, Historic Preservation Board, or FBZ Review Board may be further appealed to the City Council, unless the matter is remanded to the City official or body that made the decision that is the subject of the appeal.
9. Final Decision: On appeals to City Council, the decision of the City Council is a final decision and may be subject to review by the courts under rule 106 of the Colorado Rules of Civil Procedure and other applicable rules and statutes, unless the matter is remanded to the body that made the appealed-from decision.
B. Decisions of the Manager or Other City Official:
1. Appellate Body: Appeal shall be made to the Planning Commission except in the following cases:
a. If the appeal relates to an FBZ regulating plan, the appeal shall be made to an FBZ Review Board;
b. If the appeal relates to a decision made by the Stormwater Enterprise Manager, the appeal shall be made to the Public Works Director;
c. If the appeal relates to a decision made by the City Engineer pursuant to this Code, the appeal shall be made to the Public Works Director pursuant to those procedures for appeals of City Engineer decisions in Section 7.5.1006 (Appeals); or
d. If the appeal relates to a decision of the Manager regarding a WCF Small Facility or a WCF Eligible Facilities Request, the appeal shall be subject to review by the courts under rule 106 of the Colorado Rules of Civil Procedure and other applicable rules and statutes.
2. Procedure and Effect of Appeal:
a. In all cases except appeals of decisions under Subsection 1.b above, the Manager shall place the appeal on the calendar of the Planning Commission or FBZ Review Board, as applicable, for the next regularly scheduled meeting that is more than twenty (20) days after the City's receipt of the notice of appeal.
b. For an appeal of a decision made by the Stormwater Enterprise, the Manager shall refer the appeal to the Public Works Director.
C. Hearing Procedure:
1. Standard of Review: The appellate body may hear the appeal de novo or may limit the hearing to matters raised on appeal.
2. Decisions: Following review by the appellate body, the appellate body may affirm, reverse, modify the decision of the decision-making body, or remand the item back to the decision-making body for further consideration.
3. Postponement:
a. Any request for postponement of a hearing may only be granted for good cause shown to and found by the decision-making body.
b. If new or additional evidence is set forth as the grounds for a request for a postponement, the appeal may be referred to the body that made the appealed-from decision for further hearing and recommendations. (Ord. 23-03; 24-18)
PART 5 ADMINISTRATIVE DECISIONS
SECTION:
7.5.501: General
PERMITS
7.5.502: Adult Use Permit
7.5.503: Building Permits And Certificates Of Occupancy
7.5.504: Coordinated Sign Plan
7.5.505: Front Yard Carport Permit
7.5.506: Grading And Erosion Control Permit
7.5.507: Home Occupation Permit
7.5.508: Sign Permit
7.5.509: Site Plan To Unplatted Lands
7.5.510: Short Term Rental Permit
7.5.511: Temporary Use Permit
7.5.512: WCF Eligible Facilities Requests
7.5.513: WCF Permit
LAND USE PLANS AND DEVELOPMENT PLANS
7.5.514: Land Use Plan
7.5.515: Development Plan
7.5.516: Modification Of Approved Applications
SUBDIVISION RELATED PROCEDURES
7.5.517: General
7.5.518: Amendment To Plat Restriction
7.5.519: Final Plat Or Replat
7.5.520: Preservation Area Boundary Adjustment
7.5.521: Property Boundary/Lot Line Adjustment
7.5.522: Vacation Plat
7.5.523: Waiver Of Plat
VARIANCES AND ADJUSTMENTS
7.5.524: Administrative Adjustment
7.5.525: Development Standards Adjustment
7.5.526: Non-Use Variance
7.5.527: Use Variance
OTHER PROCEDURES
7.5.528: Historic Resource Alteration Or Demolition
7.5.529: Interpretation Of UDC
7.5.530: Numeric Address Change
7.5.531: Street Name Change
7.5.532: Citywide Development Impact Fees
A. This Part 7.5.5 describes the types of applications under this UDC that may be approved administratively by the Manager without the need for a public hearing.
B. This Part 7.5.5 also describes the circumstances under which an application listed in this Part may require approval by the Planning Commission, FBZ Review Board, Historic Preservation Board, or City Council because of the size or complexity of the proposed development, the combination of related applications submitted for the development, or the context in which the application was submitted. In such cases, the listing of the application as an "administrative decision" in this Part shall not be deemed a substantive inconsistency with text or flowcharts requiring higher level review, and the provisions for review by the Planning Commission, FBZ Review Board, Historic Preservation Board, or City Council shall apply.
C. Unless otherwise stated in this Part 7.5.5, the General Provisions in Part 7.5.4 apply to these administrative decisions without being restated in this Section. In the event of a conflict between the General Procedures in Part 7.5.4 and more specific procedures in this Part 7.5.4, the provisions in this Part 7.5.5 shall apply. (Ord. 23-03)
PERMITS
A. Purpose: The purpose of this Section is to provide a mechanism for enforcement of the regulations that apply to Adult Retail and Adult Entertainment uses in this UDC.
B. Applicability: Approval of an Adult Use Permit shall be required before any Adult Retail or Adult Entertainment use is conducted within the City.
C. Adult Use Permit Process:
1. Meetings and Decision:
a. The Manager shall review the Adult Use Permit application and shall approve, approve with conditions, or deny the petition based on the following criteria:
(1) Compliance with the review criteria in Section 7.5.409 (General Criteria for Approval);
(2) Compliance with the use-specific standards applicable to Adult Entertainment uses (Subsection 7.3.303B.1) and Adult Retail uses (Subsection 7.3.303G.1), as applicable;
(3) The subject property contains off-street parking in accord with the requirements of Part 7.4.10 (Parking and Loading);
(4) The building in which the use will take place has a Certificate of Occupancy which meets the requirements of Section RBC110 of the Building Code; and
(5) The facility holds valid local and State business licenses and local and State sales tax licenses, as applicable.
b. The Manager shall make a decision within ninety (90) days after receiving a complete application. (Ord. 23-03)
A. Purpose: The purpose of the Building Permit and Certificate of Occupancy procedure is to ensure compliance with all applicable provisions of this UDC, the Regional Building Code, and any applicable Utility Codes and City of Colorado Springs Fire Prevention Code and Standards.
B. Applicability:
1. It shall be unlawful to perform any work for which a building permit is required under Section RBC105.1 of the Regional Building Code without first obtaining a building permit.
2. A building permit shall not be issued for the construction or reconstruction of structures upon any land, or the addition to any building or structure situation on any land, unless one of the following applies:
a. The lot is platted;
b. A Waiver of Replat was issued for the land (see Section 7.5.522 (Waiver of Replat));
c. The applicant has acquired an administrative approval under Section 7.5.509 (Site Plan to Unplatted Lands);
d. The proposed alteration is limited to repair or modification of the interior of the structure, commonly known as an interior remodel, or modification of other structural elements exterior to but attached as part of the structure, such as roofing, windows, doors, siding, porch, stoop, stairway, deck, and patio/porch cover;
e. The property is a Lot of Record and one of the following apply:
(1) The addition to the principal structure is no larger than fifty (50) percent of the principal structure gross floor area; or
(2) The gross floor area of the addition of a detached accessory structure(s) is no larger than one hundred (100) percent of the gross floor area of the principal structure ; or the addition of a deck(s) or patio/porch cover(s) or both.
f. The construction takes place on public park lands and all the following apply:
(1) The property is in the PK or PF zone district;
(2) The park was deeded to the City prior to January 1, 1990;
(3) A detailed site plan with required dimensions is submitted with the Building Permit application and shows the existing site improvements and the
proposed improvements in relation to the site and adjacent properties;
(4) The proposed structure benefits the public in general; and
(5) The structure will not require a street extension.
3. A Building Permit may be withheld until utilities critical to the site are installed.
4. It is unlawful to commence occupancy of a structure unless a Certificate of Occupancy has been issued.
C. Building Permit Process:
1. Application Submission: Applications for building permits shall be submitted to the Building Official. If a Development Plan is required for the development in accordance with Section 7.5.515 (Development Plan), an approved Development Plan shall be submitted with the building permit application.
2. Decision by Building Official: The Building Official shall approve an application for a Building Permit only upon determining that the application complies with all applicable requirements. No Building Permit shall be issued until all applicable utility and subdivision fees have been paid.
D. Certificate of Occupancy Process:
1. Application Submission: Applications for Certificates of Occupancy shall be submitted to the Building Official.
2. Decision by Building Official: The Building Official shall issue a Certificate of Occupancy if the Official determines that the structure complies with all City codes and ordinances and the relevant provisions of the Regional Building Code, including Section RBC110 of the Regional Building Code. (Ord. 23-03)
A. Purpose: The purpose of this Section is to allow for approval of signage plans for a development that varies from the requirements of Part 7.4.13 (Signs).
B. Applicability: The Coordinating Sign Plan procedure applies to development eligible for a Coordinated Sign Plan in accord with Section 7.4.1308 (Coordinated Sign Plan).
C. Coordinated Sign Plan Process:
2. Meeting and Decision:
a. The Manager shall review the Coordinated Sign Plan application and shall approve, approve with conditions, or deny the application based on the following criteria:
(1) Compliance with Section 7.4.1308 (Coordinated Sign Plan); and
(2) Compliance with Section 7.5.409 (General Criteria for Approval)
b. If the Coordinated Sign Plan application is submitted in conjunction with an application that requires review and approval by the Planning Commission, FBZ Review Board, or City Council, such as a Development Plan in conjunction with a zoning map amendment, the Coordinated Sign Plan application shall be reviewed and decided by the decision-making body in conjunction with the other application. (Ord. 23-03)
A. Purpose: The purpose of the Front Yard Carport Permit is to facilitate the permitting of front yard carports while retaining the character of residential neighborhoods and ensuring that the standards of Subsection 7.3.304C (Carport or Garage, Accessory) are met.
B. Applicability: Approval of a Front Yard Carport Permit is required before erecting a carport in the front yard setback of a property.
C. Front Yard Carport Permit Process:
1. Notice Required: The Manager shall notify vicinity property owners of the application by mailed notice, pursuant to Subsection 7.5.406D.3 (Mailed (Letter) Notice).
2. Manager's Decision: The Manager shall review the Front Yard Carport Permit application and within ten (10) business days after the determination of application completeness and shall approve, approve with conditions, or deny the petition based on the following criteria:
a. Compliance with the standards applicable to carports in the front-yard setback in Subsection 7.3.304C (Carport or Garage, Accessory); and
b. Compliance with the Section 7.5.409 (General Criteria for Approval).
3. Post-Decision Actions and Limitations: A Front Yard Carport Permit shall expire if construction of the carport has not commenced within one (1) year of the date on which the permit was issued, or after the use commences shall expire upon the subsequent removal or destruction of the carport. (Ord. 23-03)
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