Feature Articles

Zoning explained

Since 1942, El Paso County has relied on zoning to determine development in the urban areas outside the limits of the city of Colorado Springs. The document used to explain the zoning provisions is the Land Development Code.Zoning is used to place like land uses together and to keep incompatible land uses separate from one another, said Mark Gebhart, deputy director of the EPC Development Services Department. This process ensures that the types of zones adjacent to each other are compatible and protect property values, he said. Additionally, the zones determine density and provide transitions from high-impact land uses to low-impact land uses, Gebhart said.ìThe county has a statutory requirement to establish and maintain a zoning map,î he said. ìThat map is a depiction of the zoning plan for a certain area and sets out the requirements for each zone.îEach zone, or zoning district, has specific types of uses that are automatically allowed, but some zoning districts have uses that can be permitted through either a special use or temporary use permit, Gebhart said. The zoning map is available on the EPC website.According to the LDC (Land Development Code), the following are the standard zoning districts: agricultural, residential, commercial and industrial. Each zoning district is broken up into zones based on certain criteria, the LDC states. While commercial, industrial and agricultural/forestry zones all fall under their corresponding zoning district, the residential zoning district is further broken down into subcategories.The residential zoning district includes the following subcategories: residential rural districts, residential urban districts and residential multi-dwelling districts, the LDC states. Within each of those subcategories is a specific zone that determines the type of residential dwelling units allowed and the number of units that can be built on that parcel of land, according to the LDC.The residential rural district allows

  • RR-5 ñ- one residential dwelling unit per 5 acres
  • RR-2.5 ñ- one residential dwelling unit per 2.5 acres
  • RR-0.5 ñ- one residential dwelling unit per one-half acre
The LDC states that the residential suburban district allows
  • RS-20000 ñ- one residential dwelling unit per 20,000 square feet
  • RS-6000 ñ- one residential dwelling unit per 6,000 square feet
  • RS-5000 ñ- one residential dwelling unit per 5,000 square feet
Gebhart said RS-5000 is typically used as the zoning designation for duplex units, and RS-6000 and above are typically used for single-family residential units.The residential multi-dwelling district allows
  • RM-12 ñ- 12 residential multi-dwelling units per acre
  • RM-30 ñ- 30 residential multi-dwelling units per acre
The LDC defines commercial districts as
  • CC ñ- commercial community
  • CR ñ- commercial regional
  • CS ñ- commercial service
Gebhart said uses allowed in CS zones are usually a combination between commercial and light industrial operations, while uses in CC are often convenience stores. The LDC states that CR zones are meant for regional center use that enhance the aesthetic of the community and aid in pedestrian and/or vehicular circulation.Per the LDC, industrial districts allow
  • I-2 ñ- limited industrial
  • I-3 ñ- heavy industrial
In areas zoned as I-3, there is the potential for lighting and noise concerns, while the uses in I-2 zones do not pose those potential issues, Gebhart said.The LDC defines the agricultural/forestry districts as
  • F-5 ñ- forestry and recreation on 5-acre plots
  • A-35 -ñ agricultural use on 35 acres
  • A-5 ñ- agricultural use on 5 acres
Another type of zoning district, which falls under the category of special purpose districts, is the planned unit development, which is frequently used in subdivisions, Gebhart said. ìA PUD is a general concept plan where the developer does not have to follow the straight zoning standards, and sometimes (it) allows for higher density if something is provided in exchange that benefits the community, like more open space,î he said.A PUD generally requires a higher conformity with the master plan in which the property is included, and is more expensive to zone, in part because it requires a higher level of detail during the planning phase, Gebhart said.According to the LDC, a PUD district ìis a versatile zoning mechanism to encourage innovative and creative design and to facilitate a mix of uses, including residential, business, commercial and industrial, recreation, open space and other selected secondary uses.îEPC is made up of numerous small area plans, including the Falcon/Peyton Small Area Plan, and those plans are considered policy-based comprehensive plans, Gebhart said. ìThere is no plan that says one area must be residential rural and another is commercial community forever,î he said. ìDoing that picks winners and losers by dictating what people are allowed to do on their property.îHowever, rezoning requests are considered based on whether they are consistent with the small area plan in which it is included, Gebhart said. The request needs to be in general conformance and compatibility with those plans, he said.ìZoning changes used to be easier to obtain, which resulted in patchwork rezoning,î Gebhart said. ìBefore 1972, those changes generally went through the BOCC for approval but since 1972, they all have. Compatibility, to a certain extent, is in the eye of the beholder.îIn EPCís case, the beholder is the BOCC, he said.Matt Steiner, public information officer with EPC, said people who wish to have their voices heard about a development as to whether they feel it is compatible with the surrounding area have the opportunity to speak at the BOCC meetings, which are held every Tuesday and Thursday, except for certain holidays or special occasions.ìThe public comment portion of the meeting is your chance to convince the commissioners that the zoning is incompatible,î Steiner said.The countyís electronic development application review program allows the public to digitally view active and archived development applications, the EPC website states. Additionally, applicants can access their application review projects, initiate a major or minor development application, submit land use applications and submit permit applications.The electronic development application review program system is available online at http://planningdevelopment.elpasoco.com.

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