A primer on the land development code
By Kevin Curry
The El Paso County Land Development Code (LDC) is important to every landowner but many don’t know what it is, how it affects them, or how to use it. The county describes the LDC as “the set of regulations that guide how development should occur within the County.”
More broadly, it governs every aspect of land use and development in the unincorporated areas of the county, including zoning, permitted uses, property subdivision, processes related to applications and approvals, violations enforcement, annexation processes and rules that apply to special districts (e.g., Metropolitan Districts like Paint Brush Hills and Meridian Ranch). Additionally, the LDC outlines the approval criteria for development applications, which are critical in helping craft arguments in favor of or against them (this will be the subject of a future article).
Arguably, Chapter 5 is the one most relevant to homeowners because it describes uses and dimensional standards (e.g., setbacks from property lines). Uses are broken into two types (principal and accessory) and each includes three categories: allowed use, special use and temporary use. In most cases, properties may have only one principal use but may have multiple accessory uses. Within those categories, allowed uses require no additional county approval; special uses require approval from the Board of County Commissioners; and temporary uses require a permit. To illustrate, consider a homeowner with a 5-acre lot zoned RR-5. The allowed principal use might be the owner’s home (single family dwelling), and the owner might want to have livestock and private stables, which are allowed accessory uses. But if the owner wants to use the home as a bed-and-breakfast or use agricultural buildings for an animal refuge, those are special uses that would require additional approvals. Finally, perhaps the owner might want to have a one-time auction to sell some belongings. That would require a temporary use permit. Those are, of course, just simple scenarios, but they show why an owner needs to know about the LDC — using the property for a purpose without needed approvals or permits can result in code enforcement action.
Obviously, there is MUCH more to the LDC than what’s described here, but the entire code is online at https://library.municode.com/co/el_paso_county/codes/land_development_code?nodeId=LADECOCOELPACO Though extensive and detailed, it is relatively easy to read and understand, and the county’s planning and community development staff are always available to help with any questions.
And now to an important update: as Friends of Falcon members know, the LDC is being revised to create effective standards for development; make it more simple, user-friendly, searchable and easy to understand; and tailor it to work across rural, suburban and urban settings. At every stage of the update, citizens have the opportunity to comment and help shape the outcome. In mid-July, the county released the final draft of Module 1 (“Zoning Districts and Uses”) and the first draft of Module 2 (“Development Standards”) which will shape how development is designed and constructed. Friends of Falcon encourages everyone to view the drafts on the county’s website at https://www.elpasocountyldc.com and make your voices heard in order to protect the rights of existing homeowners and help preserve Falcon’s unique rural-urban character. To learn more about Friends of Falcon, visit the website at TheFriendsOfFalcon.org.
