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A. Purpose: The purpose of this Section is to establish standards and provide a mechanism for the City to review and decide on an application to amend the text of this UDC.
B. Applicability:
1. This Section applies to all applications to amend the text of the UDC.
2. Specific types of applications may have additional standards, criteria, or requirements, as provided for in this UDC.
C. Amendment to UDC Text Process:
1. Application Submission: Only a City department, enterprise, appointed board of the City, or City Council may submit an application to amend the text of the UDC.
2. Planning Commission:
a. The Planning Commission shall review the application at a public hearing and shall forward its recommendation to City Council based on the approval criteria in Subsection D below. The Planning Commission may recommend approval, approval with conditions, denial, or may decide not to make a recommendation on the proposed amendment.
b. If the application relates to Section 7.2.608 (HP-O: Historic Preservation Overlay), the Historic Preservation Board shall review the application transmit its recommendation to approve, approve with conditions, or deny the text change to the Planning Commission.
3. City Council Decision: The City Council shall review the application and the recommendation from the Planning Commission at a public hearing and make a decision based on the approval criteria in Subsection D below.
D. Approval Considerations:
1. General: The Planning Commission may recommend approval or approval with conditions, and City Council may approve or approve with conditions, after paying due regard to each of the following factors:
a. The Colorado Springs Comprehensive Plan and other plans adopted by City Council.
b. The current conditions and character of current structures and uses in each zone district.
c. The most desirable use of land in each zone district.
d. The conservation of sensitive environmental features.
e. Promotion of responsible development and growth. (Ord. 23-03)
The City Council shall review and make a decision on applications to vacate any portion of a Final Plat that involve vacations of public streets or rights-of-way in those circumstances, and pursuant to those standards and criteria described in Section 7.5.522 (Vacation Plat). (Ord. 23-03)
A. Purpose: The purpose of this Section is to establish standards and provide a mechanism for the City to review and decide on an application to rezone property within the City's jurisdiction, where the City has determined that rezoning of those areas is appropriate.
B. Applicability: This Section 7.5.703 applies to all applications to create or change the boundaries of a zone district on the zoning map, whether initiated by the City or by a private property owner.
C. Amendment to Zoning Map Process:
1. General:
a. A FBZ regu lating plan may prov ide for alter nate revie w proc edures for proposed amendments of zoning map designations within the FBZ district.
b. For an HP-O district, the standards in Subsection 7.2.501.B (Standards for Designation of Areas for Zoning Overlay) shall apply.
2. Planning Commission, FBZ Review Board, or Historic Preservation Board Review:
a. The Planning Commission or, if specified in an applicable FBZ regulating plan, an FBZ Review Board, or, if applicable, Historic Preservation Board shall review the application and make a decision based on the approval criteria in Subsection D below. The Commission or FBZ Review Board may recommend approval, approval with conditions or modifications, or decide not to make a recommendation on the proposed application, or may deny the application.
b. The Planning Commission, FBZ Review Board, or Historic Preservation Board may recommend, and the City Council may require, the modification of requirements of any zone district so that the property under consideration may be developed in a reasonable manner and without detriment to the public welfare and interest.
c. If a Development Plan is required with the zoning map amendment application, the Planning Commission or, if applicable, an FBZ Review Board or Historic Preservation Board shall review and decide upon the Development Plan application based on the standards and criteria in Section 7.5.515 (Development Plan) concurrent with its review of the proposed zoning map amendment application.
d. If the application is for an HP-O district designation, in addition to the conditions allowed in Section 7.5.410 (Conditions on Approvals), the Historic Preservation Board may recommend one (1) or more of the following conditions:
(1) Reduction of front, side, and rear yard setbacks to conform to neighborhood standards;
(2) Waiver for building height limitations to conform to neighborhood standards;
(3) Allowance of vehicles to back across property lines for parking spaces accessed from an alley as long as the vehicles are visible from both directions in the alley;
(4) Allowance for one hundred (100) percent of all required off street parking spaces as compact spaces;
(5) Allowance for tandem parking spaces;
(6) Allowance for off-site parking spaces that are within three hundred (300) feet of the historic resource; and
(7) If relief allowed under Subsections (1) through (6) above is insufficient to preserve the historic resource, a reduction of up to fifty (50) percent of the minimum number of off-street parking spaces required by Part 7.4.10 (Parking and Loading) may be recommended.
e. If the application is for creation of an ADS-O district, the procedures, standards, and limitations applicable to the creation of the text of the ADS-O district in Section 7.5.702 (Amendment to UDC Text) shall also apply to consideration of the zoning map amendment required to create or amend the boundaries of the ADS-O district.
f. The Planning Commission or, if applicable, an FBZ Review Board or Historic Preservation Board recommends approval of the application or makes no recommendation, the Planning Commission, FBZ Review Board, or Historic Preservation Board shall forward its recommendation to City Council for decision in accord with Subsection 3 below.
g. If Planning Commission or, if applicable, an FBZ Review Board or Historic Preservation Board denies the application, the applicant may appeal the decision to City Council pursuant to Section 7.5.416 (Appeals).
3. City Council Decision: The City Council shall review the application and the recommendation from the Planning Committee, FBZ Review Board, or Historic Preservation Board and make a decision based on the approval criteria in Subsection D below.
D. Approval Criteria: An application for an amendment to the zoning map shall be subject the following criteria for approval:
1. The proposed rezoning is consistent with the goals and policies of the Colorado Springs Comprehensive Plan, with other plans and policies adopted by the City Council; and with the purpose statement of the proposed zone district(s).
2. The rezoning will not be detrimental to the public interest, health, safety, convenience, or general welfare.
3. The location of the lands in the zoning map area being amended are appropriate for the purposes of the proposed zone district(s).
4. If the application proposes to rezone a small area of land, the application demonstrates that the size, scale, height density, and multimodal traffic impacts of the proposed rezoning are compatible with surrounding development or can be made compatible with surrounding development through approval conditions.
5. If the application proposes to rezone a relatively small area of land, the application demonstrates that the change in zoning will not create significant dislocations of tenants or occupants of the property, or that any impacts are outweighed by other public benefits or progress toward other Colorado Springs Comprehensive Plan goals that would be achieved by approval of the application.
6. If a Land Use Plan or amendment to a Land Use Plan accompanies the application, the Land Use Plan or amendment complies with the applicable criteria in Subsection7.5.514C.3 (Land Use Plan Criteria).
7. The application is consistent with any approved Concept Plans in the area for which the map is being amended or includes or is accompanied by a provision that approved Concept Plans that have been classified as implemented do not have to be amended in order to be considered consistent with an amended zoning map.
8. If the application is for creation of an ADS-O district, the approval criteria applicable to the creation of the text of the ADS-O district in Section 7.2.607D.47.5.702 (Decision) shall also apply to consideration of the zoning map amendment required to create or amend the boundaries of the ADS-O district.
9. If rezoning to a PDZ district, the proposed PDZ district provides significant community amenities or other benefits, as determined by the Manager, that promote the achievement of Colorado Springs Comprehensive Plan goals and would not otherwise be required of the applicant under this UDC or other City or governmental regulations.
10. Complies with the additional standards of the base zone district where the property is located (see Article 7.2 (Zone Districts)) or in an overlay district that applies to the property (see Part 7.2.6 (Overlay Districts)). (Ord. 23-03)
The City Council shall hear appeals from decisions of the Planning Commission, FBZ Review Board, and Historic Preservation Board pursuant to Section 7.5.415 (Appeals) and shall make a decision to affirm, reverse, modify the action, or remand the item back to the body that made the appealed-from decision. (Ord. 23-03)
A. Legislative Declaration: The City Council hereby finds, determines and declares that it is in the public interest that there be a Comprehensive Plan to promote the public health, safety and general welfare, to improve the physical environment of the City as a setting for human activities; to evaluate the social and economic effects of land development; to formulate, determine, and implement community values, policies, standards and objectives; to consider the effect on community financial capabilities, public, and private investments; and to consider the effect on the environment when making land development decisions.
B. Scope of Plan: The following areas, among others, may be considered in formulating the Comprehensive Plan:
1. Existing natural conditions, to the extent possible, in determining the type, density and intensity of public and private development of land within the planning jurisdiction of the City.
2. Location, type, and availability of public improvements, existing and planned.
3. Location, type, and availability of public utility infrastructure, existing and planned.
4. Maximum utilization of existing public investments.
5. Matters which may affect community character and quality of life of the citizens of Colorado Springs.
6. Population and population distribution, which may include analysis by age, educational level, income, employment, race, or other appropriate characteristics.
7. Amount, type, intensity, and general location of commerce and industry.
8. Amount, type, quality, and general location of housing.
9. Amount, general location, and interrelationship of different categories of land use.
10. Extent and general location of blighted or deteriorated areas and related factors.
11. Areas, sites, or structures of historical, archaeological, architectural, paleontological, and scenic significance.
12. Natural resources, including air, water, open spaces, forests, soils, wildlife, and minerals.
13. Present and prospective availability of financial resources needed to undertake development proposed in the plan.
14. Any other matters found to be important to future land development, community character, and quality of life.
C. Adoption of Plan:
1. The City Council shall adopt the Comprehensive Plan by ordinance. Because the plan is a series of statements, objectives, policies and strategies, and maps designed to guide the public and private development of land, the plan need not be adopted as a whole, but may be adopted as individual statements that may be amended, modified, changed, or repealed as other statements are adopted or as community values, objectives, and goals are reevaluated.
2. Before adopting the Comprehensive Plan or individual parts, the Planning Commission shall hold at least one duly advertised public hearing and make a recommendation to City Council on adoption of the proposed plan.
3. Before adopting the Comprehensive Plan or individual parts, the City Council shall hold at least one duly advertised public hearing. At the hearing the City Council shall consider the recommendations of the Planning Commission.
D. Legal Status of Plan: The contents of the Comprehensive Plan are designed to serve as a guide in the public and private development of land and as such are not binding upon the City when making specific land use decisions.
E. Contents of Plan: The Comprehensive Plan may consist of statements, objectives, policies, strategies, maps, and appendices. Citywide system plans, facility master plans, and other comprehensive planning documents approved by City Council shall be considered refinements of the Comprehensive Plan.
F. Use of the Comprehensive Plan: The City Council, all City boards and commissions, the various City groups, departments, divisions, enterprises, and officials shall be responsible for knowing the contents of the Comprehensive Plan and shall consider the relevant policies set forth in the Comprehensive Plan prior to making decisions. Nothing set forth in the Comprehensive Plan shall prohibit the City Council, City boards or commissions, various City groups, departments, divisions, enterprises, and officials, after considering the plan, from deviating from the policies set forth in the Comprehensive Plan where circumstances warrant in making decisions affecting specific property. (Ord. 23-03)
A. Damage or Destruction: Nonconforming buildings or structures that contain conforming uses, and that are damaged or destroyed by fire or other causes, may be rebuilt under the following conditions:
1. Any necessary Building Permits are obtained within twelve (12) months of the date of destruction, unless an extension has been approved by the Manager due to extraordinary circumstances;
2. The gross floor area and height of the new structure shall not exceed the gross floor area and height of the original nonconforming structure;
3. The new structure shall comply with all development standards for the particular zone district in which the property is located, with the exception of height which may be exceeded to the extent of the previously existing legal nonconforming development; and
4. Reconstruction of all legal nonconforming buildings or structures other than a single-family detached or duplex dwelling shall be subject to the submittal and approval of a Development Plan in accord with Section 7.5.515 (Development Plan) prior to the issuance of a Building Permit.
5. Existing attached stoops, porches, and decks on nonconforming residential structures are considered a part of the entire structure and are not subject to the fifty (50) percent replacement value limitation. Attached stoops, porches, and decks located within the required front, side, or rear yard setback may be replaced in its original location but may not be enlarged in size or height.
B. Repair and Maintenance: A nonconforming structure occupied by either a conforming or legal nonconforming use may be repaired and maintained and, if it is declared to be unsafe by a Regional Building Official, it may be strengthened or restored to a safe condition. However, the cost of repairs and maintenance shall not exceed fifty (50) percent of the current El Paso County Assessor's Market Value estimate of the structure, and there shall be no increase in the degree of nonconformity.
C. Additions to and Enlargement of Structures:
1. A legal nonconforming structure occupied by a conforming use may not be added to, enlarged, or structurally altered unless such addition, enlargement, or structural alteration conforms to all regulations and site development standards of the zone district in which it is located including but not limited to square footage per dwelling unit, setbacks, off-street parking, and landscaping.
2. A legal nonconforming structure occupied by a legal nonconforming use may not be added to, enlarged, or structurally altered.
D. Damage to or Destruction of a Structure: When a legal nonconforming structure is damaged by fire or other causes to the extent that the cost of restoration exceeds fifty (50) percent of the pre-damage assessed value of the structure, the nonconforming structure shall be removed.
E. Conversion of Conforming Structure: A conforming structure shall not be changed in any way that will result in a nonconforming development. (Ord. 23-03)
A. General:
1. A Lot of Record may be developed with any permitted use allowed in the zone district in which it is located even if it does not meet the minimum lot area or width requirements. The development shall comply with all site development requirements set forth in this UDC, except as noted in Subsection 2 below. No Lot of Record may be reduced in size so that the lot's area or width is less than required by this UDC.
2. When a Lot of Record is under separate ownership, located in a residential zone, and narrower than the minimum lot width, the following reduction of the side building setback may be allowed: For each foot by which the Lot of Record is narrower than the minimum lot width requirement of the zone in which it is located, one and one-half (1 ½) inches may be deducted from the required least width of any side setback and three (3) inches from the sum of the least widths of both side setbacks for buildings that do not exceed two (2) stories in height; however, a side setback may not be narrower at any point than ten (10) feet in an R-E zone district, five (5) feet in an R-1 9 zone district, four (4) feet in an R-1 6 zone district, and three (3) feet in the R-Flex Low zone districts.
B. Lots Rendered Nonconforming by Public Acquisition: Lots rendered nonconforming by public acquisition of right-of-way or for other purposes because the lots no longer meet the required minimum area or minimum width may be developed for any permitted use allowed in the zone district in which it is located. When the public acquisition results in the reduction of or elimination of existing landscaping or parking spaces, the owner of the property shall not be required to replace the removed landscaping or parking spaces. (Ord. 23-03)
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