A. Purpose: The purpose of this Section is to allow new development or the modification of existing structures on unplatted lands in certain circumstances.
B. Applicability:
1. This Section applies only to land that meets one or more of the following conditions:
a. Land that was developed and within the City on February 13, 1951;
b. Land that was annexed to the City after February 13, 1951, but unplatted because platting was not required at the time that the land was developed;
c. A developed parcel of land that was created in El Paso County no later than September 1, 1972; or
d. Land that was owned by the City and used for park and recreation purposes prior to January 1, 1990.
2. Building Permits shall be issued without requiring platting only for a structural addition to one (1) or more buildings that exist on the property if:
a. The addition will comply with the provisions of this UDC;
b. The addition constitutes no change in land use;
c. The addition will not require street extension;
d. The addition will not intrude upon setback lines determined by the Traffic Engineer to accommodate any proposed rights-of-way;
e. Drainage fees are paid on proposed addition or previous additions that results in an increased floor area exceeding fifty (50) percent the area of the structure(s) existing on July 18, 1975, or the date of annexation if annexation is after July 18, 1975; and
f. The owner agrees to dedicate any rights-of-way that would normally be required as a condition of a platting. If dedication is required, the owner shall dedicate the right-of-way by a separate deed and pay for the preparation and recording of the deed after such deed is approved by City Real Estate Services.
C. Site Plan to Unplatted Land Review Process:
1. Application Submission: The applicant shall submit the number of copies of a site plan with dimensions as required by the Manager, each of which shall include:
a. The legal description of the property, taken from the deed to the property, and the recording information (book and page or reception number) of that deed;
b. All existing lot lines and easements with dimensions;
c. All existing utilities located on the site, clearly labeled;
d. Adjacent rights-of-way with dimensions;
e. Location, dimensions, and setbacks of all existing and proposed structures, if any, and their floor area;
f. Owner's name, address, and phone number;
g. North arrow and scale;
h. Information on all survey monuments recovered or set and used in determination of property boundaries; and
i. A statement reading as follows:
"Under the provisions of Section 7.5.509 of the Code of the City of Colorado Springs the ownership configuration detailed on this site plan is eligible for the issuance of a Building Permit on unplatted land. Compliance with all other applicable requirements of the City of Colorado Springs and the Regional Building Department is required. Approval of this request pertains only to the application submitted and does not release the applicant from complying with other requirements."
2. Manager Action: The Manager shall approve the request only if the request complies with requirements of this Section. If the Manager approves the request, the applicant will be provided a signed copy of the submitted plan. If the Manager denies the request, the Manager shall notify the applicant of the reasons for denial. (Ord. 23-03)