EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter IV - Zoning Regulations
Section 1 - General Provisions

A.    TITLE

The title of this Chapter IV of the El Paso County Land Development Code shall be "The El Paso County Zoning Regulations" and may be so cited and pleaded. The short forms "zoning regulations" and "regulations" used extensively herein refer in all instances to the aforesaid El Paso County Zoning Regulations, unless the context clearly indicates the con-trary.

B.    AUTHORITY AND JURISDICTION

The El Paso County Zoning Regulations are authorized by the Colorado Revised Statutes, as amended, and shall apply to all of the unincorporated land within the jurisdictional limits of El Paso County.

C.    ZONING MAPS

1. The locations of the zoning district boundaries hereby established are shown on the maps entitled "Official Zoning Maps of El Paso County, Colorado." The said zoning maps are hereby incorporated into these regulations and together with everything shown thereon and all amendments thereto, shall be as much a part of these regulations as if fully set forth and described herein.

2. Copies of the Official Zoning Maps of El Paso County, Colorado, shall be kept in the Offices of the County Development Services Department, the County Clerk and Recorder, and in such other places as designated by the Board of County Commissioners.

3. A master book containing the date of all amendments to these regulations shall be kept in the Office of the El Paso County Development Services Department.

4. All amendments to the Zoning Maps made in accordance with these regulations shall be recorded on the maps within ten (10) working days of the effective date of the final passage of the amending resolution.

5. Unless otherwise noted in the amending resolution, all zone district boundary lines shall be construed to lie on the centerline of streets or alleys, on lot lines of platted subdivisions, or on boundaries of the county or on the corporate limit lines of incorporated cities and towns.

D.    FILING WITH COUNTY CLERK AND RECORDER

Upon the adoption of any zoning resolution or maps, the Board of County Commissioners shall file a certified copy of each in the Office of the County Clerk and Recorder, which copies shall be accessible to the public.

E.    SALE OF THE RESOLUTION AND MAPS

Copies of the Zoning Regulations and Maps shall be for sale at the Office of the County Development Services Department at reasonable fees to be set from time to time by a resolution of the Board of County Commissioners.

F.    STATEMENT OF PURPOSES

The regulations are designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, or welfare of the present and future inhabitants of the county, including, but not limited to:

 1. Lessening of congestion in the streets or roads;

 2. Reducing the waste of excessive amounts of roads;

 3. Securing safety from fire, floodwaters, and other dangers;

 4. Providing adequate light and air;

 5. Classification of land uses and distribution of land development and utilization;

 6. Protection of the tax base;

 7. Securing economy in governmental expenditures;

 8. Fostering the county's agricultural and other industries;

 9. Protection of both urban and non-urban development;

10. Conforming to the adopted comprehensive master plans for the physical development of the unincorporated territory of the county;

11. Implementation of El Paso County Land Development Guidelines.

This Statement of Purposes is a restatement of the statutory provisions set forth in Section 30-28-115(1), C.R.S. These purposes encompass the police power of the Board of County Commissioners concerning the adoption of Zoning Regulations, the adoption of a Zoning Map, the enforcement of the Regulations and Map, and any amendments to the Regulations and Map. It is the intent of the Board of County Commissioners that no zoning, rezoning, variance, special use or other Board action shall ever be held invalid because of the failure of any petitioner to address all of the purposes set forth above, or because of the failure of the Planning Commission or the Board of County Commissioners to make findings on any petition as to all of the purposes set forth above.

G.    LEGAL STATUS

1.   Interpretation

Whenever the provisions of these Zoning Regulations are found to be inconsistent with any other duly-enacted regulation of El Paso County, the regulation imposing the higher or more restrictive standards shall control. The provisions of these regulations are minimum requirements that do not preclude imposition of more restrictive standards by agreement or by law.

2.   Repeal

All Zoning Regulations of El Paso County effective prior to the date of adoption of these Regulations are hereby repealed. The repeal of any of the above-mentioned Regulations does not revive any other Regulation or portion thereof repealed by said Regulations. Such repeals shall not affect or prevent the prosecution or punishment of any person for the violation of any Regulation repealed hereby for an offense committed prior to the repeal.

3.   Severability

If any section, clause, provision or portion of these Regulations is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these Regulations shall not be affected thereby.

4.   Effective Date

These Regulations and any Zoning Regulations or Maps shall be in effect from the date of adoption by the Board of County Commissioners of El Paso County.

5.   Rules of Construction of Language

a.   Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly unless otherwise indicated.

b.   The particular controls the general.

c.   In case of any difference of meaning or implication between the text of this Resolution and the titles or sub-titles for any paragraph or section, the text shall control.

d.   The word "shall" is always mandatory and not directory. The word "may" is permissive.

e.   Words used in the present tense include the future unless the context clearly indicates the contrary.

f.   Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary.

g.   If there is a conflict between figures and words in expressing a number, the words govern.

h.   A "building" or "structure" includes any part thereof.

i.   The phrase "used for" includes "arranged for", "designed for", "intended for," "maintained for," and "occupied for."

j.   The words "existing", "existed," "exists," "nonconforming," and "occupied" shall imply the modifier "lawfully".

H.    EXCLUSION OF USES

The listing of any use in such lists as being permitted in any particular zoning district shall be deemed to be an exclusion of such use from any other zoning district, in which such use is not specifically listed. For uses not listed in any zoning district, refer to Section 33, "Uses Not Itemized."

I. BUILDING PERMIT APPLICATION

1. Pursuant to Board of County Commissioners Resolution ________, compliance with the Pikes Peak Area Building Code, as amended is required in all unincorporated areas where the County has land use jurisdiction, with only the following exceptions:

a. Buildings and/or structures specifically exempted in the Area Building Code, as amended, or which are otherwise exempted by State statute or federal law.

b. Agricultural buildings and/or structures

c. Buildings and/or structures in the A-35 (Agricultural) Zone District that are defined as non-public, non-residential buildings and/or structures in the El Paso County Land Development Code.

d. Any other buildings or structures in those previously unzoned areas that were zoned by legislative Board action on March 25, 1999, and the construction of which was substantially initiated prior to July 3, 2000.

e. With the exception of public buildings and/or structures as defined in the El Paso County Land Development Code, in those previously unzoned areas that were zoned by legislative Board action on March 25, 1999, compliance with the Area Building Code shall not be required until or unless any of the following actions occur:

· There is a transfer of ownership of the effected property after July 3, 2000
· There is a rezoning, variance or Use Subject to Special Review approval of the effected property after July 3, 2000, and the Board of County Commissioners chooses to require compliance
· The construction activity is substantially initiated after July 1, 2005

Interpretations as to subparagraph 1.a above shall be the responsibility of the Regional Building Department as are all interpretations related to the content and administration of the Area Building Code. Interpretations as to whether buildings and/or structures qualify as exempt under subparagraphs 1.b and 1.c above shall be the responsibility of the Development Services Director, in coordination with the Regional Building Department. Interpretations as to whether buildings and/or structures qualify as exempt under subparagraph 1.d above shall be made by the Regional Building Official, in coordination with the Development Services Department. In applicable cases, the burden of responsibility for demonstrating that construction was substantially initiated pursuant to subparagraph 1.d. rests with the property owner. Conversion of an agricultural building and/or structure to non-agricultural use may require subsequent compliance with the Area Building Code. The provisions of this Paragraph I do not preclude any property owner from complying with the Area Building Code on a voluntary basis and from obtaining permits as applicable.

I.    BUILDING PERMIT AUTHORIZATION

No building shall be constructed, reconstructed or structurally altered nor shall any building or land be used for any purpose except in conformity with the regulations herein prescribed for the zoning district in which such building or land is located. Authorization for the issuance of a building permit shall not be issued by the Development Services Department unless the plans for the proposed construction, reconstruction, alteration, or use fully conform to all Zoning Regulations then in effect. Unless otherwise provided within these Zoning Regulations, authorization for the issuance of a building permit by the Development Services Departmentshall be accomplished by the submission of a site plan of the subject property, drawn to scale and fully dimensioned, reflecting the legal description, location, size, height, and use of all existing and proposed buildings and/or accessory buildings and any other information required by the Development Services Director to facilitate the enforcement of these Zoning Regulations.

J.    VIOLATIONS AND PENALTIES

Any person, firm or corporation violating any provision of these Regulations shall be subject to the penalties set forth in the Colorado Revised Statutes, as amended, and any other legal action provided by law.

K.    EFFECT OF PROCEDURAL AND SUBMITTAL REQUIREMENTS

Only those procedural and submittal requirements set forth in part 1 of article 28 of title 30, C.R.S., and elsewhere in the laws of the State of Colorado are mandatory. All of the procedural and submittal provisions of Section 2 and Section 4 of these Zoning Regula-tions, which are not expressly required by Colorado law, may be waived by the Planning Commission and/or the Board of County Commissioners. It is the intent of the Board of County Commissioners that the failure to comply with any additional procedural or sub-mittal requirements of these Zoning Regulations shall not be grounds for declaring any Board action invalid.

L.    WAIVER PROCEDURES

Where in the case of a particular zoning petition, it can be shown that strict compliance with the procedural or submittal requirements of Section 2 and Section 4 of the Zoning Regulations would result in a hardship to the petitioner because of exceptional condi-tions, the Planning Commission may recommend to the Board of County Commissioners the waiver of any such procedural or submittal requirement. The Board may approve a waiver request providing that the Board finds that such waiver will not be detrimental to the public and/or to the surrounding properties.

Whenever a zoning petitioner requests a waiver from any of the procedural or submittal requirements of Section 2 or Section 4 , such petitioner shall submit a letter to the Development Services Department setting forth in detail the requested waiver and the petitioner's reasons in support of the request. The Planning Commission shall review the waiver request, hear any objections from the appropriate County departments or the public, and either approve or disapprove the waiver request. The Planning Commission's recom-mendation shall be forwarded to the Board of County Commissioners. The Board shall review the waiver request and the recommendation of the Planning Commission, and hear any objections from the appropriate County departments or the public, and either approve or disapprove the waiver request at a public hearing.

M.    APPEALS

The Board of County Commissioners is the ultimate interpreter of the meaning and application of these Zoning Regulations as to the type, nature and rights of uses, both conforming and nonconforming, as permitted or otherwise allowed under these Zoning Regulations. Matters pertaining to physical dimensions, structural locations, bulk limita-tions or setbacks, such as found in the Development Requirements of each zone district, along with any other matters expressly delegated by these Zoning Regulations are subject to the review and decision of the County Board of Adjustment , as provided elsewhere in this Land Development Code. Except for those procedures expressly prescribed for the appealing of certain administrative decisions, all interpretations or applications by County staff as they relate to uses under these Zoning Regulations and believed to be erroneous or inapplicable may be appealed by the aggrieved party to the Board of County Commissioners in accordance with the following procedures:

1.   The aggrieved party may appeal within thirty (30) days following the specific interpretation or application of the Zoning Regulations by County staff. In no event is an appeal to be made after a decision by the Board of County Commissioners on a Zoning, Rezoning, Use Subject to Special Review or Use Variance application which decides or addresses the disputed matter. An appeal may be filed concurrently with a Zoning, Rezoning, Use Subject to Special Review or Use Variance application which might, through a decision of the Board on the application, resolve the dispute otherwise.

2.   Any appeal shall be initiated by the filing of a written notice of appeal to the Development Services Department setting forth in detail the name and interest of the appealing party, the nature of the appeal, the legal description of the property affected, the reasons and any written or photographic documentation supporting the appeal, and any other information as may be required by the Development Services Department. There shall be no fee required for the filing of an appeal pursuant to this Subsection M.

3.   Upon receipt of an appeal, the Development Services Department shall refer such appeal to the appropriate County departments and agencies for their review and recommenda-tions, and shall schedule the appeal to be heard before the Board of County Com-missioners within thirty-five (35) days.

Written notice of the date, time and place of the appeal hearing shall be given no later than ten (10) days prior to the hearing, to the appellant, appropriate County departments or agencies, and any other person or entity expressing an interest therein.

4  . The appellant shall have the burden of proof of establishing that the interpretation or application made by the County staff was erroneous or inapplicable.

5.   The Board of County Commissioners shall consider the evidence submitted in support of or opposition to the appeal, the recommendations of the appropriate County departments and agencies, and any additional evidence which it deems relevant and appropriate. The Board shall either approve or disapprove the appeal.

6.   No Board action on any Zoning, Rezoning, Use Subject to Special Review, or Use Variance which may be dispositive on the disputed issue may be taken until there is a final determination on the appeal. Likewise, the Board's negative decision on an appeal is not a final action for judicial review purposes if the disputed matter could be resolved in favor of the impacted property owner by an action of the Board on a Zoning, Rezoning, Use Subject to Special Review, or Use Variance application by the property owner.

N.    LAND BOTH WITHIN AND WITHOUT CITY LIMITS

Any proposed zone or rezone petition, the subject matter of which includes land both within and without the city limits of a city or town, shall be considered in its entirety and the portion lying within the city limits will be considered as part of the entire develop-ment in the consideration of area, off-street parking, and other location and bulk requirements.

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